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United States Environmental Protection Agency
Cleanup Enforcement

 

Underground Storage Tanks Cleanup

In 1984, Congress prepared amendments to the Resource Conservation Recovery Act (RCRA) that would address the problems of leaking underground storage tanks (UST) systems. The Leaking Underground Storage Tank (LUST) Trust Fund was created in 1986 by amending Subtitle I of RCRA.

EPA and the states are responsible for enforcing the Subtitle I requirements of the Resource Conservation Recovery Act (RCRA). These requirements cover tank notification, interim prohibition, new tank standards, reporting and record keeping requirements for existing tanks, corrective action, financial responsibility, compliance monitoring and enforcement, and approval of State programs.

Enforcement is achieved by conducting inspections to identify violations, ensuring that violations are promptly corrected and imposing penalties, as appropriate. The law also requires EPA to develop a comprehensive program for the regulation of UST systems "as may be necessary to protect human health and the environment."

Visit EPA's Underground Storage Program page if you are looking for information or to answer your questions about:

  • UST Program Priorities
  • UST laws, regulations, and documents
  • UST cleanup processes and requirements
  • Methyl Tertiary-Butyl Ether (MTBE) in gasoline
  • How to identify and report releases
  • UST requirements/regulations/exemptions
  • Responsibilities and deadlines for UST owners and operators
    LUST Trust Fund

The Civil Enforcement area provides a list of documents relating to enforcing the UST regulations that became effective December 22, 1998.

The LUST Trust Fund has two purposes:

  1. Provides money for overseeing and enforcing corrective action taken by a responsible party, who is the owner or operator of the leaking UST.
  2. Provides money for cleanups at UST sites where the owner or operator is unknown, unwilling, or unable to respond, or which require emergency action.

To handle the environmental threat posed by the UST community (417,000 releases through March 31, 2001), U.S. EPA Headquarters Office of Underground Storage Tanks (OUST) and regional offices support state and local programs. The Agency believes that state and local agencies have greater interaction with the regulated UST facilities and can provide the technical assistance and attention necessary to ensure compliance with UST regulations. In addition, state and local agencies are better situated to assess the needs of the regulated community, respond to owner/operators, and create a visible presence in the regulated community. OUST encourages states to seek approval for administering their own UST/LUST programs in lieu of the federal program provided that a state has regulations that are no less stringent than the federal regulations and can take adequate enforcement actions.

 

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