The Director of the Department of Energy and Environment (“Department”), pursuant to the authority set forth in Section 107 of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.07); the District of Columbia Underground Storage Tank (UST) Management Act of 1990, effective March 8, 1991 (D.C. Law 8-242; D.C. Official Code § 8-113.01 et seq.) (“UST Act”); Sections 11 and 21 of the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code §§ 8-103.10 and 8-103.20); and Mayor’s Order 2006-61, dated June 14, 2006, hereby provides notice of his intent to adopt the following amendments to Chapter 57 (Underground Storage Tanks – New Tank Performance Standards) and Chapter 60 (Underground Storage Tanks – Release Detection) of Title 20 (Environment) of the District of Columbia Municipal Regulations (DCMR) in no less than thirty (30) days after the publication of this notice in the District of Columbia Register.
The Department is proposing to amend Subsection 5700.10, which requires owners or operators of any UST that is more than thirty (30) years old to remove the UST from the ground in accordance with Chapter 61 within five (5) years of February 21, 2020. The proposed rules would rescind this requirement and allow owners and operators to continue to operate their tanks, provided that the tank does not fail a tank tightness test, which would be required every three (3) years. If the UST fails the tank tightness test, then the owner or operator must permanently close the UST within one (1) year of the date of the test failure.
The Department has determined that the existing removal requirement poses an undue burden on UST owners and operators and does not appreciably reduce the risk to human health or the environment. The removal and replacement of all these tanks, many of which are still serviceable and safe for human health and the environment, would create a significant economic burden, with high costs per location and the potential need for companies affected, such as gas stations, to shut down for several weeks to complete the work.
Based on other state programs and U.S. Environmental Protection Agency guidance, the Department has determined that increased monitoring and testing, as opposed to automatic removal or permanent closure of a UST by a certain age, is more economical and will ensure USTs remain serviceable and safe. The Department is thus proposing to amend Subsection 5700.11 to require triennial tank tightness testing, which detects leaks and verifies integrity, for tanks that are more than thirty (30) years old. The triennial tank tightness testing will be in addition to the annual piping and leak detection equipment testing and monthly leak detection testing currently required. Thus, the requirement for a triennial tank tightness test serves as an additional safeguard. The Department believes the proposed tank tightness testing in addition to current testing and monitoring requirements will ensure that older tanks continue to function properly and will not pose a risk to human health or the environment.
Chapter 57, UNDERGROUND STORAGE TANKS – NEW TANK PERFORMANCE STANDARDS, of Title 20 DCMR, ENVIRONMENT, is amended as follows:
Section 5700, EXISTING AND NEW UST SYSTEMS – GENERAL PROVISIONS, is amended as follows:
Subsection 5700.10 is amended to read as follows:
Each owner or operator of an UST that is more than thirty (30) years old that was required by the previous version of this subsection to be removed within five (5) years of February 21, 2020, may continue to operate the UST, provided the owner or operator complies with § 5700.11.
Subsection 5700.11 is amended to read as follows:
(a) Each owner or operator of an UST that is more than thirty (30) years old shall perform a tank tightness test every three (3) years in accordance with § 6007 and submit the results to the Department.
(b) The first such test of an UST under paragraph (a) shall be performed within ninety (90) days after the UST reaches the age of thirty (30) or, if the UST is more than thirty (30) years of age on [the effective date of this rule], then the first such test of the UST shall be performed within ninety (90) days after [the effective date of this rule]. Each subsequent test under paragraph (a) shall be performed within three (3) years after the date the prior test under paragraph (a) was performed or should have been performed.
(c) If the UST fails the tank tightness test, the owner or operator shall permanently close the UST within one (1) year of the date of the test failure.
Chapter 60, UNDERGROUND STORAGE TANKS – RELEASE DETECTION, is amended as follows:
Section 6007, TANK TIGHTNESS TESTING, is amended as follows:
A new Subsection 6007.6 is added to read as follows:
An owner or operator of an UST that is more than thirty (30) years old shall perform tank tightness testing in accordance with this section pursuant to § 5700.11.
DOEE has listened to concerns and appeals to revise the aged tanks regulations. The UST rule requiring the removal of aging tanks over 30 years old has been revised to offer more flexibility while maintaining safety standards.
The rulemaking was published in the DC Register for Public Comments on Friday, September 12, 2025.
Comments on the proposed rulemaking should be submitted in writing no later than thirty (30) days after the publication.
Comments may be sent by mail or hand delivery to:
Department of Energy and Environment
Attn. UST Proposed Rule Comments
1200 First Street NE, 5th Floor
Washington D.C. 20002
or by email to [email protected] with the subject indicated as “DOEE UST Proposed Rule Comments.”
A copy of the proposed rulemaking may also be requested by calling 202-535-2600 or sending an email to [email protected].