Underground Storage Tanks
Underground Storage Tanks (UST) practice requires that we address issues on behalf of our clients that include:
- Providing advice to client regarding what is and is not a regulated underground storage tank and compliance with the underground storage tank regulations
- UST compliance activities and documents required by state and federal administrative laws and regulations
- Notifications and permitting
- Regulatory violations
- Unauthorized discharges to the environment
- Defense of administrative or civil enforcement actions related to USTs issued or instituted by state or federal administrative agencies
- Defense of civil actions by state and US departments of justice related to USTs after referral of administrative enforcement actions by state and federal environmental agencies
Underground Storage Tank matters in which the firm has or attorneys with the firm have been involved include the following:
- Provided advice to clients concerning groundwater impact caused by leaking underground storage tanks on adjacent properties
- Provided advice to clients concerning offsite groundwater impacts caused by leaking underground storage tanks on clients’ properties
- Negotiated groundwater and vapor intrusion monitoring for clients regarding groundwater impacts caused by leaking underground storage tanks on neighboring properties
- Review of groundwater data and remediation plans on behalf of clients concerning groundwater impacts caused by leaking underground storage tanks on neighboring properties
An underground storage tank system (UST) is a tank and any underground piping connected to the tank that has a minimum of10 percent of its combined volume underground. The federal UST regulations apply only to the underground tanks and piping storing either petroleum or specific hazardous substances.
In 1984, Congress responded to the mounting threat to groundwater posed by leaking USTs by adding Subtitle I to the Resource Conservation and Recovery Act (RCRA). Subtitle I required the EPA to develop a comprehensive regulatory program for USTs storing petroleum or specific hazardous substances.
Congress directed the EPA to publish regulations that would require owners and operators of tanks already in the ground and new tanks to detect, prevent, and clean up releases. At the same time, Congress banned the installation of unprotected steel tanks and piping commencing in 1985.
In 1986, Congress amended Subtitle I of RCRA and the Leaking Underground Storage Tank Trust Fund was created. It is to be used for the following two purposes: to oversee cleanups by responsible parties and also to pay for cleanups at sites where the operator or owner is unwilling, unknown, or unable to respond, or which necessitate emergency action.
The 1986 amendments also established financial responsibility requirements. Congress directed the EPA to publish regulations that required UST owners and operators to demonstrate that they are financially capable of cleaning up releases and compensating third parties for any resulting damages.
The EPA’s 1988 regulations set minimum standards for new tanks and required owners of existing tanks to replace, upgrade, or close them.