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.
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