UST/LUST Universe and Public Record

The Energy Policy Act of 2005 (Pub.L. 109–58) is a bill passed by the United States Congress on July 29, 2005, and signed into law by President George W. Bush on August 8, 2005.

Title XV, Subtitle B of this act (titled the Underground Storage Tank Compliance Act of 2005) contains amendments to Subtitle I of the Solid Waste Disposal Act, the original legislation that created the underground storage tank (UST) program. This law significantly affects federal and state underground storage tank programs, will require major changes to the programs, and is aimed at preventing and reducing underground storage tank releases to our environment.

DELIVERY PROHIBITION

Delivery prohibition programs prohibit product delivery to underground storage tanks that have one or more compliance violations, as determined by a state or territory.

FEDERAL FACILITIES REPORT

Section 1528 of the Energy Policy Act of 2005 requires a compliance report from each federal agency that owns or operates one or more underground storage tanks, or manages land on which one or more underground storage tanks are located.

FINANCIAL RESPONSIBILITY AND INSTALLER CERTIFICATION

Section 1530 of the Energy Policy Act of 2005 requires states receiving federal funds under Subtitle I of the Solid Waste Disposal Act to require either evidence of financial responsibility and installer certification or secondary containment and under-dispenser containment for new and replaced underground storage tank systems.

INSPECTING USTs

Section 1523 of the Energy Policy Act of 2005 states that EPA or a state receiving funding under Subtitle I of the Solid Waste Disposal Act shall conduct on-site inspections to determine compliance within two years for all tanks not inspected since December 22, 1998. After completion of these inspections, EPA or a state receiving funding under Subtitle I shall conduct an on-site inspection of each underground storage tank regulated under Subtitle I at least once every three years.

OPERATOR TRAINING

Section 1524 of the Energy Policy Act of 2005 states that EPA, in coordination with states, must develop training guidelines for three distinct classes of operators who operate and maintain federally regulated underground storage tank systems. States receiving funding under Subtitle I shall develop state-specific training requirements consistent with EPA's guidelines. The state-specific training requirements must: Be developed in cooperation with tank owners and operators; Take into consideration training programs implemented by owners and operators; and Be appropriately communicated to tank owners and operators.  

 

 

 

PUBLIC RECORD

Section 1526 of the Energy Policy Act of 2005 requires states receiving federal funds under Subtitle I of the Solid Waste Disposal Act to maintain, update at least annually, and make available to the public a record of underground storage tanks regulated under this subtitle. The public record shall include (to the maximum extent practicable, for each year) the number, sources, and causes of underground storage tank releases, the record of compliance by underground storage tanks in the state with Subtitle I or approved state program, and data on equipment failures.

SECONDARY CONTAINMENT

Section 1530 of the Energy Policy Act of 2005 requires states receiving federal funds under Subtitle I of the Solid Waste Disposal Act to require either secondary containment and under-dispenser containment for new and replaced underground storage tank systems or evidence of financial responsibility and installer certification. Secondary containment requires that new or replaced tanks and piping within 1,000 feet of an existing community water system or an existing potable drinking water well must be secondarily contained (this includes interstitial monitoring). New dispenser systems within 1,000 feet of an existing community water system or an existing potable drinking water well must have under-dispenser spill containment. This requirement does not apply to repairs meant to restore a tank, pipe, or dispenser to operating condition.

STATE COMPLIANCE REPORTS ON GOVERNMENT USTs

Section 1526 of the Energy Policy Act of 2005 requires each state to submit a report regarding each noncompliant underground storage tank located in its jurisdiction that is owned or operated by the federal, state, or local government. A copy of the report is to be submitted to EPA's Administrator by August 8, 2007.

 


Section 1526 of the Energy Policy Act of 2005 requires states receiving federal funds under Subtitle I of the Solid Waste Disposal Act to maintain, update at least annually, and make available to the public a record of underground storage tanks regulated under this subtitle. The public record shall include (to the maximum extent practicable, for each year) the number, sources, and causes of underground storage tank releases, the record of compliance by underground storage tanks in the state with Subtitle I or approved state program, and data on equipment failures.

CNMI UST/LUST PUBLIC RECORD

Public Record Posted Date: December 30, 2016

Total UST Facilities: 46

Total ACTIVE Facilities: 26*

Total INACTIVE Facilities: 7

Total CLOSED Facilities:  13

 

Total UST’s: 136

Total ACTIVE Underground Tanks: 53

Total INACTIVE Underground Tanks: 11

Total CLOSED Underground Tanks:  75

Inspection Period Dates:  October 01, 2015 – September 30, 2016

Number of Facilities Inspected: 28 

Percent of Compliance:  64% 

Release Reporting Period Dates: October 01, 2014 to September 30, 2015

Number of Confirmed Releases: None.  

Percent of Releases by Source: None.

Cause of Release: None.

For site specific information contact Reina Camacho at 670-664-8512

* Facilities are inspected annually in the CNMI (EPA requires UST facilities inspected at least once every three years).

^ 19 Service Stations; 6 Private Firms; 1 Government.

 

The following documents are available regarding this topic: