Underground Storage Tank Laws and Regulation

Monday, February 24, 2020

Underground storage tank (UST) laws and regulation govern the proper installation, inspection, and removal of USTs, the cleanup of leaking USTs, and related issues.

Updated Regulations - February 2020

DOEE has completed amendment of the District’s UST Regulations. The proposed regulations were published in the D.C. Register on December 28, 2018 for public comment. The comment period was extended until March 5, 2019 and public conference call was held on February 26, 2019 on the proposed regulations.

The primary purpose of the rulemaking is to incorporate new requirements of the 2015 amendments to the federal underground storage tank regulations at 40 CFR Part 280 so that the District can maintain state program approval under 40 CFR Part 281. The new requirements include regulation of previously deferred field-constructed underground storage tanks and airport hydrant systems, testing of spill prevention and leak detection equipment, containment sump testing, and periodic walkthrough inspections. The rulemaking also updates the requirements for corrective action after releases from underground storage tanks, consolidates and updates fee requirements, and makes clarifying amendments and corrections to the regulations.

DOEE has incorporated clarifications in response public comments received during the comment period into the final rulemaking. The final rulemaking was published on February 21, 2020 in the D.C. Register and is also available at the hyperlink below. DOEE has also separately provided detailed responses to all public comments received. Owners and operators of regulated USTs may also find the included table/diagram with compliance timelines for release detection and release prevention requirements useful.