Underground Storage Tank Compliance Act

The Underground Storage Tank Compliance Act is part of the Federal Energy Policy Act of 2005. The Environmental Protection Agency has established guidelines to implement third-party inspections of underground storage tank (UST) systems, petroleum delivery prohibition, public record reporting on the Internet, operator training, and secondary containment.

The Alaska Department of Environmental Conservation is in the process of updating the regulation, Title 18 Alaska Administrative Code (AAC) 78, Underground Storage Tanks, to reflect the new federal requirements.

Inspections

• An Owner of a UST system is required to have a third-party inspection by a state-certified UST Inspector every three years.
• UST systems that were formerly exempt under the dual-purpose tank policy (rescinded March 1, 2006) are included, and their required inspection year is 2007 (18 AAC 78.017).
• Third-party inspectors must be licensed or certified by the state, trained in state protocols, and meet conflict-of-interest requirements.
  • State of Alaska UST Worker licenses
  • The State Operations Inspection Report form must be used and submitted on time. Inspectors must retain documentation of the work.

Delivery Prohibition

• Fuel Distributors are not permitted to deliver fuel under the federal guidelines unless they have confirmed the UST system has been inspected and has a current Compliance Tag issued by the State of Alaska.
• The UST office's Tanks without Tags List

Operator Training

An Owner of a UST facility is required to have a training plan in place for Operators.

Class A Operator:

Person knowledgeable of regulatory requirements to operate and maintain the UST system.

Class B Operator:

Person responsible to know and apply regulatory requirements in day-to-day aspects of operating, maintaining, and record keeping at each location.

Class C Operator

Person who must know actions to take in the event of a leak or other emergency, or system alarms.

Secondary Containment

• The purpose of this federal requirement is to insure additional groundwater protection.
• An Owner who installs a new UST system within 1,000 feet of a wellhead is required to install secondary containment; or,
• Financial Responsibility (liability insurance) is required of all UST manufacturers and installers, and Installers must meet the state certification requirements by August 2007.
• EPA will begin enforcement by August 2008.
• Alaska proposes to select the Secondary Containment requirement in the Title 18 AAC 78 update.

For more information about the Underground Storage Tank Compliance Act, please contact us.