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Regulatory Development and Retrospective Review Tracker

Revising Underground Storage Tank Regulations - Revisions to Existing Requirements and New Requirements for Secondary Containment and Operator Training

a.k.a. Underground Storage Tank (UST) Regulations - Revisions


RIN: 2050-AG46 (What's this?)

Docket No.: EPA-HQ-UST-2011-0301 (What's this?)

Current Phase: Proposal (What's this?)

Abstract:
The Underground Storage Tank (UST) regulations were first promulgated in 1988 primarily to prevent releases from retail petroleum marketers (gas stations) and other facilities into the environment. These regulations have reduced the incidents of contamination.

However, there is a need to revise the regulations to incorporate changes to the UST program from the Energy Policy Act of 2005, as well as to update outdated portions of the regulations due to changes in technology since the 1980s. On August 8, 2005, President Bush signed the Energy Policy Act of 2005 (EPAct). Title XV, Subtitle B of this act (entitled the Underground Storage Tank Compliance Act of 2005), amends Subtitle I of the Solid Waste Disposal Act, the original legislation that created the UST program. There are key provisions of the EPAct that apply to states receiving federal UST funding but do not apply in Indian Country, including requirements for secondary containment and operator training. EPA will also use our knowledge of the program gained over the last 20 years to update and revise the regulations to make targeted changes to improve implementation and prevent UST releases. In the NPRM, EPA proposed: adding secondary containment requirements for new and replaced tanks and piping; adding operator training requirements; adding periodic operation and maintenance requirements for UST systems; removing certain deferrals; adding new release prevention and detection technologies; updating codes of practice; making editorial and technical corrections; and updating state program approval requirements to incorporate these new changes.
Timeline

MilestoneDate
Initiated06/13/2008
NPRM: Sent to OMB for Regulatory Review05/12/2011
NPRM: Received by OMB05/13/2011
NPRM: Regulatory Review Concluded09/16/2011
NPRM: Comment Period Open11/18/2011
NPRM: Published in FR11/18/2011
NPRM: Comment Period Extension Published in FR02/15/2012
NPRM: Comment Period Closed02/16/2012
NPRM: Comment Period Closed with Extension04/16/2012
Final Rule: Published in FR10/2014 (projected)

Potential Effects

Environmental Justice
This rulemaking involves a topic that is likely to be of particular interest to or have particular impact upon minority, low-income, tribal, and/or other vulnerable populations because:

  • This topic is likely to impact the environmental conditions of vulnerable populations.

Federal Government - other agencies
Likely to be regulated by this rule.
Likely to be involved in the implementation of this rule.

Local Governments
Likely to be regulated by this rule.

Small Entities
EPA notifies the public when a rulemaking is likely to 1) have any adverse economic impact on small entities even though a Regulatory Flexibility Analysis may not be required and/or 2) have significant adverse economic impacts on a substantial number of small entities. The term "small entities" includes small businesses, small governments, and small not-for-profits. (Read a longer explanation on our Small Entities web page.) This rulemaking is likely to impact small entities in the following way(s):
  • Likely to have any adverse economic impact on:
    • small businesses
    • small governments

In addition, small governments are:

  • Likely to be regulated by this rule.

State Governments
Likely to be regulated by this rule.
Likely to be involved in the implementation of this rule.

Tribal Governments
Likely to be regulated by this rule.
Likely to be involved in the implementation of this rule.

Unfunded Mandates
This action may place unfunded mandates on the private sector and is subject to Section 202 of the Unfunded Mandates Reform Act.

Participate / Learn More Regulatory Review

Some of EPA's rulemakings undergo regulatory review (What's this?), as prescribed by Executive Order 12866 and coordinated by the Office of Management and Budget (OMB). The following list describes which of this rulemaking's stages have completed review and published in the Federal Register, if any, and provides links to the review documents where available. Consult the "Timeline" section of this Web page for the dates of each review.

  • Final Rule - No Information Available.
Citations & Authorities

Federal Register Citations

Code of Federal Regulations (CFR) Citation
40 CFR 280-281

Legal Authority
42 USC 6991et seq.

Disclaimer

This site provides summaries of priority rulemakings and priority retrospective reviews of existing regulations. We update most of the site at the beginning of each month, though some data is updated more frequently if it is time sensitive. The information on this site is not intended to and does not commit EPA to specific conclusions or actions. For example, after further analysis, EPA may decide the effects of a rule would be different or it may decide to terminate a rulemaking.


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