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EPA Regions Press On with Underground Storage Tank Inspections

The EPA has requested $34.4 million of its total budget to be allocated to continue to focus on issues included in the Energy Policy Act of 2005. The Energy Policy Act of 2005 P.L. 109-58 (EPAct) imposed several responsibilities and regulatory requirements on the individual states. Section 1523 of the Act imposed one of the most significant new requirements: States must inspect all regulated underground storage tanks (USTs) every three years. States had to complete the first three-year inspection cycle by August 2010.

Leaks, or releases, from underground storage tanks (UST) continue to pose a serious threat to the environment and to public health. "Out of sight does not mean out of mind when it comes to underground storage tanks, which is why it is critical that facilities monitor their tanks and make sure they are not leaking," said EPA Region 2 Administrator, Judith Enck. 

The EPA’s 2011 “Budget in Brief” explains that individual states will continue to use the UST categorical grant funding to implement their leak prevention and detection programs. Through these UST categorical grants, states can continue to fund such activities as:

  • Seeking state program approval to operate the UST program in lieu of the Federal program.
  • Approving specific technologies to detect leaks from tanks.
  • Ensuring that tank owners and operators are complying with notification and other requirements.
  • Ensuring equipment compatibility.
  • Conducting inspections.
  • Implementing operator training.
  • Prohibiting delivery for non-complying facilities
  • Requiring secondary containment or financial responsibility for tank manufacturers and installers.

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Routine EPA inspections of P.J. Hyde & Son, Inc.’s gas stations and hotel in N.Y revealed that from 2007 to 2009, the company failed to properly test the leak detection equipment of underground petroleum storage tank systems for leaks at five gas stations in Saranac Lake, Tupper Lake and Indian Lake, and a hotel in Lake Clear. The company was fined $16,000 under the agreement. As a result, P.J. Hyde & Son, Inc is spending $60,000 to improve its leak detection system.

According to the EPA’s semi-annual report of UST Performance Measures Mid fiscal year 2010, 491,572 releases have been reported since the beginning of the monitoring program in 1984. UST partners have completed more than 395,433 cleanups or about 80 percent. Between October 2009 and March 2010, 48,235 on-site inspections have been conducted. The 2011 allocated budget will continue to allow the EPA to monitor underground storage tanks. Facilities must be aware of their responsibilities and regulatory requirements.

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