66.804: Underground Storage Tank (UST) Prevention, Detection, and Compliance Program

66.804

Active

Environmental Protection Agency (EPA)

Sept. 21, 2022

Sept. 21, 2022

To assist states, territories, tribes or intertribal consortia (leaking underground storage tank prevention only for tribes or intertribal consortia) that meet the requirements at 40 CFR 35.504 to develop and implement underground storage tank (UST) programs and for leak prevention, compliance, and other activities authorized by the Energy Policy Act (EPAct) of 2005, Public Law 105-276, and EPA's annual appropriations acts. Funding Priorities - Fiscal Year 2021 and 2022: Assistance agreements to states under Section 2007 of the Solid Waste and Disposal Act will support core program UST activities, implement their leak prevention and detection programs, as well as the 2005 Energy Policy Act (EPAct) leak prevention activities. High priority tasks include providing financial assistance to states for the following:: 1) adopting and implementing EPA's recently-released regulatory revisions; 2) approving specific technologies to detect leaks from tank systems; 3) ensuring that tank owners and operators are complying with notification and other requirements; 4) ensuring equipment compatibility; 5) conducting UST inspections; 6) implementing operator training; 7) prohibiting delivery for non-complying facilities; 8) seeking state program approval to operate the UST program in lieu of the federal program; and 9) requiring secondary containment. Leaking underground storage tank (LUST) prevention assistance agreements to states, tribes, or intertribal consortia for activities authorized by EPAct will support states with inspections and other release prevention and compliance assurance activities for federally-regulated UST systems, as well as for enforcement activities related to release prevention. A main cause of releases is the lack of proper operation and maintenance of UST systems, which is why the EPA published revised UST regulations in FY 2015 that address these and other important issues. These changes will require subsequent state adoption, applicable updates to state regulations, and updates to state program approval. For tribes, the LUST prevention assistance agreements will assist with all aspects of the tribal programs, e.g., inspection capacity. High priority tasks include providing financial assistance to tribes for: 1) inspecting UST facilities to complete the three-year inspection requirement; 2) developing inspection capacity for tribes; 3) enforcement activities related to release prevention; 4) development of leak prevention regulations and other program infrastructure; 5) helping tribes develop the capacity to administer UST programs, such as providing funding to support training for tribal staff and educating owners and operators in Indian country about UST requirements. These activities are geared toward bringing all UST systems into compliance with release detection and release prevention requirements and minimizing future releases. Priority will be given to providing funds to enable the states to meet their responsibilities under Title XV, Subtitle B of the Energy Policy Act of 2005. States that have entered into assistance agreements with EPA must have the authority to inspect and take other compliance and related enforcement actions to prevent releases from USTs. As outlined in the FY 2022 President's Budget Request, this program will support core program activities required by the EPAct and the EPA’s grant guidelines, such as inspecting UST facilities to meet the three-year inspection requirement and assisting states in adopting prevention measures (for example, delivery prohibition, secondary containment, and operator training). Due to the Covid-19 pandemic, many states fell behind in their 3-year EPAct inspection frequency requirement. EPA will work with states to ensure they come back into compliance and return to their regular inspection cycles.

A - Formula Grants

Prevention, detection, and compliance assistance agreements are only available to states and territories and to federally-recognized tribes and intertribal consortia that must meet the requirements, as described in the Federal Register Notice, Vol. 67, No. 213, pp. 67181-67183, Update to EPA Policy on Certain Grants to Intertribal Consortia. These assistance agreements may also be used for EPA to help states, who request it, to obtain SEE enrollees through a SEE assistance agreement to work on the state's USTs and to support direct UST implementation programs.

States, Territories, Tribes and Intertribal Consortia.

66.805 - Leaking Underground Storage Tank Trust Fund Corrective Action Program

https://sam.gov/fal/131d6f0c4689402fb0befcf854ce664f/view