Alerts and Updates
2005 Federal Energy Bill Imposes New Requirements on Owners and Operators of Underground Storage Tanks
September 8, 2005
The comprehensive energy bill signed by President Bush on August 8, 2005, amends, for the first time in 19 years, the leaking underground storage tank program under RCRA (42 USC §6901 et seq.) by imposing new inspection and delivery requirements on owners and operators of underground petroleum storage tanks.
Underground storage tanks ("USTs") that have not been inspected since 19981 are required to be inspected within two years, and thereafter, on-site inspections will be required every three years. The UST inspection report must list the location and owners of each tank, identify tanks not in compliance with the law and specify the date of the UST's last inspection. Under the federal law, all states will require secondary containment for new or replaced tanks located within 1,000 feet of community water systems or will require tank manufacturers and installers to maintain evidence of financial responsibility for potential clean-up costs due to improper manufacture or installation of USTs. Finally, the new law will make it unlawful for deliveries or deposits of product to leaking USTs and will require the EPA to publish training guidelines for maintenance and operation of USTs within two years.
The amendment of the UST section of RCRA reflects a growing concern over the potential impact that leaking USTs may have on community and public groundwater supplies. Measures such as increased frequency of UST inspections and secondary containment required of USTs within a 1,000 foot zone of public water supply systems demonstrate heightened Congressional and public awareness regarding potential contamination of valuable groundwater resources posed by leaking USTs.
For Further Information
For more information on the new law and the potential obligations imposed on owners and operators of UST systems, please contact any of the attorneys of our Environmental Practice Group or the attorney in the firm with whom you are regularly in contact.
Footnotes
Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.
