Background and Requirements

Title XV, Section B of the Energy Policy Act of 2005 amends Subtitle I of the Solid Waste Disposal Act, the original legislation that created the underground storage tank (UST) program. The UST provisions of the Energy Policy Act focus on preventing releases and direct EPA to help states comply with new UST requirements.

Section 1523 of the Energy Policy Act of 2005 states that EPA or a state receiving funding under Subtitle I of the Solid Waste Disposal Act shall conduct on-site inspections to determine compliance within two years for all tanks not inspected since December 22, 1998. After completion of these inspections, EPA or a state receiving funding under Subtitle I shall conduct an on-site inspection of each underground storage tank regulated under Subtitle I at least once every three years.

By August 8, 2007, EPA or states receiving funding under Subtitle I were required to inspect tanks not inspected since December 22, 1998. By August 8, 2010, EPA or states were required to inspect all USTs and do so at least once every three years thereafter.

Grant Guidelines

On April 24, 2007, EPA issued final grant guidelines for inspection. The guidelines identify which underground storage tanks require an on-site inspection, what the requirements are for the on-site inspection, who can perform the on-site inspection, and what information needs to be reported to EPA. For more information about the inspection grant guidelines, contact Tim R. Smith at smith.timr@epa.gov or 202-564-0643.

• Grant Guidelines To States For Implementing The Inspection Provisions Of The Energy Policy Act Of 2005, EPA 510-R-07-004, April 2007 (PDF)(15 pp, 843 K)