1988 Underground Storage Tanks; Technical Requirements; Final Rule and Underground Storage Tanks Containing Petroleum-Financial Responsibility Requirements and State Program Approval Objective; Final Rule
Rule Summary
In 1988, EPA published technical requirements for underground storage tanks containing petroleum or hazardous substances defined under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. The technical requirements include leak detection, leak prevention, and corrective action for all underground storage tanks containing regulated substances. In 1988, EPA also published financial responsibility requirements for underground storage tank owners and operators to demonstrate financial responsibility for taking corrective action, as well as compensating third parties for bodily injury and property damage from releases of tanks containing petroleum. This regulation also included requirements for state program approval.
Rule History
EPA proposed these regulations in April 1987, with a supplemental notice published in December 1987.
Additional Resources
The UST technical compendium contains questions and answers that interpret the 1988 UST regulations.
The federal regulations concerning underground storage tanks (USTs) are contained in 40 CFR Part 280, 40 CFR Part 281, and 40 CFR Parts 282.50-282.105. The list of hazardous substances is in 40 CFR Part 302.4.
- UST Notification Form: 40 CFR 280.22 (Notification Requirements) requires that within 30 days of bringing an UST into use, UST system owners must submit a notification form (EPA Form 7530-1) to the designated state or local agency or department. Since publication of the 1988 regulations, the form has been periodically modified.
- 40 CFR PART 280-TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS (UST)
- Subpart A - 280.10-280.12 - Program Scope and Interim Prohibition
- Subpart B - 280.20-280.22 - UST Systems: Design, Construction, Installation and Notification
- Subpart C - 280.30-280.34 - General Operating Requirements
- Subpart D - 280.40-280.45 - Release Detection
- Subpart E - 280.50-280.53 - Release Reporting, Investigation, and Confirmation
- Subpart F - 280.60-280.67 - Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances
- Subpart G - 280.70-280.74 - Out-of-Service UST Systems and Closure
- Subpart H - 280.90-280.116 - Financial Responsibility
- Subpart I - 280.200-280.230 - Lender Liability
- Preamble to 40 CFR 280 – provides additional text explaining rationale and may be helpful in understanding the regulation
- Industry Codes and Standards (although these are not themselves Federal regulations, compliance with these standard industry codes of practice is mandated)
- 40 CFR PART 281-APPROVAL OF STATE UNDERGROUND STORAGE TANK PROGRAMS
- Subpart A - 281.10-281.12 - Purpose, General Requirements and Scope
- Subpart B - 281.20-281.25 - Components of a Program Application
- Subpart C - 281.30-281.39 - Criteria for No Less Stringent
- Subpart D - 281.40-281.43 - Adequate Enforcement of Compliance
- Subpart E - 281.50-281.52 - Approval Procedures
- Subpart F - 281.60-281.61 - Withdrawal of Approval of State Programs
- Preamble to 40 CFR 281 – provides additional text explaining rationale and may be helpful in understanding the regulation
- 40 CFR PART 282-APPROVED UNDERGROUND STORAGE TANK PROGRAMS
- Subpart A - General Provisions
- Subpart B - 282.50-282.105 - Approved State Programs
- 40 CFR PART 302-DESIGNATION, REPORTABLE QUANTITIES, AND NOTIFICATION
- 302.4 Designation of hazardous substances
Federal Register Notices
- Federal Register Notices Pertaining to Underground Storage Tanks - Proposed and final federal UST regulations are published in the Federal Register. Unlike the CFR, Federal Register notices contain additional text that explains the rationale behind a proposed or final regulation. This additional text, referred to as the "Preamble," may be very helpful in understanding the regulation.
- Federal Register Notices Pertaining to State Program Approval - As of September 2014, 38 states plus the District of Columbia and the Commonwealth of Puerto Rico have approved programs.
Docket Number -- The Underground Storage Tank (UST) Docket provides public access to regulatory information supporting the Agency's regulatory actions (1985-1998) on underground storage tanks