In August 2005, the Energy Policy Act, which was signed by the President, included legislative changes affecting the underground tank storage program. The new law had significant effects upon federal, state, and tribal underground tank storage programs and its goal was to reduce releases from the tanks into the environment.
As a part of the Energy Policy Act of 2005, Section 1530, enacted the Underground Storage Tank Compliance Act of 2005, which amends the previous law called the Solid Waste Disposal Act. These new changes were the first to affect underground storage units in over 20 years. Guidelines to implement the secondary containment provision in Section 9003 of the Solid Waste Disposal Act were enacted as a part of the new law. The result was additional requirements to protect groundwater from contamination.
Shortly after the Energy Policy Act was signed, the EPA formed several work groups to develop grant guidelines for the states. The EPA would provide funding through grants to those states that were able to implement the law’s new provisions. The new EPA guidelines were developed in consultation with the states and the regional tank offices.
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The guidelines describe the minimum requirements that states must meet in order to comply with the secondary containment provisions in the Energy Policy Act.
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The guidelines also establish the minimum requirements a state receiving funding must meet in order to comply with the secondary containment requirements of the Energy Policy Act.
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The guidelines provide definitions, compliance requirements, and examples.
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By February 8, 2007, states receiving federal funds under Subtitle I of the Solid Waste Disposal Act must have either implemented the new guidelines or meet the financial responsibility and certification grant guidelines issued by the EPA.
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These guidelines do not require owners or operators to retrofit existing equipment. The new guidelines only apply when owners or operators decide to replace existing equipment or install new equipment.
To ensure that the grant guidelines would be implemented with minimal disruption, the EPA gave the states considerable flexibility in establishing their own secondary containment programs. For those states that demonstrated good faith toward meeting the requirements, the EPA would continue to offer assistance in the implementation of their programs.
Secondary containment provides a barrier between an underground storage tank and the environment. By holding leaking petroleum between the tank and a barrier, the leak can be detected. The EPA now requires additional measures to protect ground water from contamination from underground storage tanks (USTs) through the use of either secondary containment methods or evidence of financial responsibility and certification.
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