§ 1927. Regulation of category one tanks

(a) After June 30, 1986, no owner or operator shall operate or maintain a category one tank without first having obtained a permit from the Secretary. Application for a permit shall be made on a form prescribed by the Secretary. Permits issued by the Secretary shall not exceed five years.

(b) A permit for an underground storage tank shall specify:

(1) that new tanks be cathodically protected or be constructed of a noncorrosive material or be constructed of steel clad with noncorrosive material;

(2) standards for design of new tanks that shall ensure a technology and provide a level of protection that is at least equivalent to that provided by double wall tanks which may be monitored from the surface. The Secretary, by rule, may determine that in specific circumstances these standards are not necessary to protect the environment and the public health;

(3) installation and compatibility requirements;

(4) leak detection and monitoring requirements, including at least one of the following: the maintenance of inventory, leak detection, or monitoring records;

(5) reporting requirements;

(6) requirements for maintaining evidence of financial responsibility for corrective action, including compensating third parties, except for tanks used to store a hazardous substance defined in subdivision 1922(6)(A) of this title, unless that financial responsibility is required by federal law;

(7) requirements for taking corrective action in response to releases;

(8) requirements for reporting releases and corrective action taken and its effectiveness;

(9) requirements for tank closure as prescribed by the rules;

(10) requirements for the upgrade or closure of tanks by December 22, 1998 that do not meet standards adopted to prevent releases due to corrosion, and spills or overfills; and

(11) other requirements necessary to carry out the purposes indicated in section 1921 of this title.

(c) If inventory records are not properly maintained, the Secretary may require that a tank integrity demonstration be completed.

(d) No person shall deliver a regulated substance to a category one tank that is visibly designated by the Agency as not meeting standards adopted by the Secretary related to corrosion protection, spill prevention, leak detection, financial responsibility, or overfill protection.

(e) The following tank systems shall be closed in accordance with rules adopted by the Secretary:

(1) not later than January 1, 2016, single-wall tank systems; and

(2) not later than January 1, 2018, combination tank systems, except that combination tank systems in which the tank has been lined shall be closed by January 1, 2018 or by 10 years from the date by which the tank was lined, whichever is later.

(f) A tank owner may petition the Secretary to allow a lined combination tank system to remain in service an additional five years beyond the date established in subdivision (e)(2) of this section. The Secretary may grant the petition upon a determination that:

(1) no release has occurred from the tank system;

(2) the tank system has passed an inspection for lined tank systems adopted by the Secretary by rule; and

(3) no repairs are suggested or needed to the tank liner.

(g) On and after May 30, 2013, a person shall not line a single-wall or combination tank system, unless the single-wall or combination system meets standards for new lined systems adopted by procedure by the Secretary. At a minimum, these standards shall address the tank system’s piping, secondary containment for all portions of the system except the tank, leak detection, liquid tight containment sumps on the tank top, and liquid tight dispenser sumps.

(h) Notwithstanding the provisions of subsection (g) of this section, a person shall not line a single-wall or combination tank system after January 1, 2014. (Added 1985, No. 66, § 1; amended 1987, No. 76, § 9; 1987, No. 282 (Adj. Sess.), § 8; 1989, No. 110, § 3, eff. June 20, 1989; 1991, No. 85, § 5; 1997, No. 132 (Adj. Sess.), § 6, eff. April 23, 1998; 2007, No. 18, § 1; 2013, No. 55, § 2, eff. May 30, 2013; 2019, No. 14, § 41, eff. April 30, 2019.)