UST/LUST Universe and Public Record

ENERGY POLICY ACT OF 2005

On August 8, 2005, President Bush signed the Energy Policy Act of 2005. Title XV, Subtitle B of the 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. The UST provisions of the Energy Policy Act focus on preventing releases. Among other things, it expanded eligible uses of the Leaking Underground Storage Tank (LUST) Trust Fund, and included provisions regarding inspections, operator training, delivery prohibition, secondary containment and financial responsibility, and cleanup of releases that contain oxygenated fuel additives

Title XV, Section B of the Energy Policy Act of 2005 amends Subtitle I of the Solid Waste Disposal Act, the original legislation that created the underground storage tank (UST) program. The UST provisions of the Energy Policy Act focus on preventing releases and direct EPA to help states comply with new UST requirements. Section 1527 of the Energy Policy Act of 2005 requires that EPA, in consultation with states, underground storage tank owners, and product delivery industries, must issue guidelines to implement delivery prohibition.

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.

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.

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.

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.  

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.

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.

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.


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