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EPA/SWER RIN: 2050-AG46 Publication ID: Spring 2011 
Title: Revising Underground Storage Tank Regulations--Revisions to Existing Requirements and New Requirements for Secondary Containment and Operator Training 
Abstract: The Underground Storage Tank (UST) regulations were first promulgated in 1988 primarily to prevent releases from retail petroleum marketers (gas stations) and other facilities into the environment. These regulations have reduced the incidents of contamination. However, there is a need to revise the regulations to incorporate changes to the UST program from the Energy Policy Act of 2005, as well as to update outdated portions of the regulations due to changes in technology since the 1980s. On August 8, 2005, President Bush signed the Energy Policy Act of 2005 (EPAct). Title XV, Subtitle B of this act (entitled the Underground Storage Tank Compliance Act of 2005), amends Subtitle I of the Solid Waste Disposal Act, the original legislation that created the UST program. There are key provisions of the EPAct that apply to states receiving federal UST funding but do not apply in Indian Country, including requirements for secondary containment and operator training. As a part of this action, EPA plans to develop regulations for secondary containment and operator training to apply in Indian Country and in states that choose not to obtain State Program Approval from EPA in order to achieve more consistent program results in release prevention and compliance. Both EPA and tribes recognize the importance of having requirements that can help to ensure parity in program implementation between states and in Indian Country, which is consistent with EPA's policy. Through this action, EPA will ensure federal enforceability of the EPAct provisions across the country. EPA will also use our knowledge of the program gained over the last 20 years to update and revise the regulations to make targeted changes to improve implementation and prevent UST releases. 
Agency: Environmental Protection Agency(EPA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Yes  Unfunded Mandates: Private Sector 
CFR Citation: 40 CFR 280 and 281   
Legal Authority: 42 USC 6991   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  07/00/2011    
Additional Information: None
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State, Tribal 
Small Entities Affected: Businesses, Governmental Jurisdictions  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: http://www.epa.gov/oust/  
Sectors Affected: 111 Crop Production; 112 Animal Production; 2211 Electric Power Generation, Transmission and Distribution; 31-33 Manufacturing; 42 Wholesale Trade; 44-45 Retail Trade; 447 Gasoline Stations; 481 Air Transportation; 483 Water Transportation; 484 Truck Transportation; 485 Transit and Ground Passenger Transportation; 486 Pipeline Transportation; 48811 Airport Operations; 622 Hospitals; 72 Accommodation and Food Services 
RIN Data Printed in the FR: No 
Agency Contact:
Elizabeth McDermott
Environmental Protection Agency
Solid Waste and Emergency Response
5401P,
Washington, DC 20460
Phone:703 603-7175
Fax:703 603-0175
Email: mcdermott.elizabeth@epamail.epa.gov

Paul Miller
Environmental Protection Agency
Solid Waste and Emergency Response
5401P,
Washington, DC 20460
Phone:703 603-7165
Fax:703 603-0175
Email: miller.paul@epamail.epa.gov