No later than August 8, 2007, owners and operators (O/O) of underground storage tanks (UST) will be subject to delivery prohibitions if their tanks are not in compliance with federal regulations to prevent spills, leaks, overfill, and corrosion. The prohibition must be enforced by all states receiving federal funds under Subtitle 1 of the Solid Waste Disposal Act. EPA recently issued guidelines states must follow in implementing the delivery prohibition.

The prohibition is part of the Energy Policy Act of 2005 (EPAct). EPAct directed EPA to publish guidelines that describe the criteria states must use in determining when a UST is ineligible for delivery, the process for reclassifying ineligible USTs as eligible, the process for providing notice to UST O/O and product deliverers, and the process for determining the specified geographic areas subject to the rural and remote areas consideration.

The guidelines specify nine conditions under which a UST becomes ineligible for product delivery:

• Required spill prevention equipment is not installed.
• Required overfill protection equipment is not installed.
• Required leak detection equipment is not installed.
• Required corrosion protection equipment is not installed.
• Failure to properly operate and/or maintain leak detection equipment.
• Failure to properly operate and/or maintain spill, overfill, or corrosion protection equipment.
• Failure to maintain financial responsibility.
• Failure to protect a buried metal flexible connector from corrosion.
• Other conditions a state deems appropriate.

According to the guidance states must identify tanks as ineligible by visual signals such as red or green tags on fill pipes or conspicuously displayed certificates.

The guidance also notes that states retain the discretion to not prohibit delivery to USTs that do not meet federal requirements if the prohibition would not be in the best interest of the public, for example, for USTs that supply emergency generators. States must also develop procedures to provide adequate notice about ineligible USTs to both the UST O/O and product deliverers.

EPA's UST delivery prohibition guidelines are available at http://www.blr.com/keyword. Type in em670ust when prompted.