New Underground Storage Tank (UST) Rule In Effect

NATSO members are reminded that the Environmental Protection Agency's (EPA) Underground Storage Tank Rule went into effect Oct. 13. This deadline is significant for 12 states - Alaska, Arizona, California, Florida, Illinois, Kentucky, Michigan, New Jersey, New York, Ohio, Wisconsin and Wyoming – and the territories of Guam, Samoa and the North Mariana Islands -- which do not have EPA-approved state UST programs. In these states and territories, tank owners are now subject to the EPA's updated UST regulations, as well as applicable state requirements.

In the other 38 states, plus the district of Columbia, the state UST regulations will continue to apply in lieu of the federal tank (because the state regulations are no less stringent than EPA's 1988 UST regulations). However, within three years, those states are required to submit a revised program approval application to EPA so that the state UST regulations are no less stringent than the new federal requirements. (During this three-year period, NATSO members and other UST owners and operators remain subject to the existing state UST requirements.)

NATSO has prepared a detailed memorandum outlining this legal scenario, as well as the provisions in the new UST regulations. You can read that memorandum here.

David Fialkov's photo

David Fialkov

David Fialkov is the Vice President of Government Relations, as well as the Legislative and Regulatory Counsel, at NATSO. In this capacity, Mr. Fialkov directs NATSO's legislative, regulatory, and legal strategy on a range of issues, including transportation, energy and fuels, labor, data security, and taxes. Mr. Fialkov also oversees NATSO's political engagement program, including individualized legal and political counsel to member companies. Prior to joining NATSO, Mr. Fialkov was the senior associate in the Government Affairs and Public Policy practice at the law firm of Steptoe and Johnson in Washington, D.C. At Steptoe, Mr. Fialkov advised clients on legislative, regulatory, and political issues, as well as legal concerns. His primary clients included trade associations representing the motor fuel wholesale and retail industries, including the National Association of Convenience Stores and the Society of Independent Gasoline Marketers of America. Mr. Fialkov's focus was not only on the motor fuels business, but also the litany of other issues that retailers confront, including labor matters, foodservice issues, healthcare and employment issues, tax matters and data security. Prior to joining Steptoe, Mr. Fialkov graduated with honors from George Washington University Law School. He received his B.S. Summa cum laude with highest honors from Clark University in Worcester, MA. He lives in Washington, D.C. with his wife Allison and daughter Lilah. More

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