Program Overview

The Underground Storage Tank (UST) program, administered by the Bureau of Materials Management and Compliance Assurance, is designed to prevent releases by closely monitoring petroleum and chemical USTs and by imposing deadlines for the removal of older USTs, connected underground piping, and ancillary equipment before they fail. If you own a nonresidential UST which is currently in use, which will be brought into use, or was taken out of service, even if empty, you must complete a Notification Form and file it with the Department of Environmental Protection (DEP), if you have not previously done so. By filing a Notification Form with DEP and the local fire marshal, you will comply with both state and U.S. Environmental Protection Agency (EPA) UST registration requirements.

Authorizing Statutes

Section 22a-449(d) of the Connecticut General Statutes (CGS)

Regulations

Sections 22a-449(d)-1 and 22a-449(d)-101 through 113 of the Regulations of Connecticut State Agencies (RCSA)

Who Must Comply?

All owners of nonresidential USTs that contain motor fuels, heating fuels, waste oils, or Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) listed chemicals must comply with the above referenced regulations. A UST is defined as a tank that is used or designed to contain an accumulation of regulated substances, and the volume of which (including the volume of underground pipes connected thereto) is 10 percent or more beneath the surface of the ground. For exemptions to these requirements refer to RCSA Section 22a-449(d)-1(a) and (c) and Section 22a-449(d)-101(a).

Who Must Notify?

All owners or former owners of nonresidential USTs, as described above, are required to notify DEP and the local fire marshal. For exemptions to this requirement refer to RCSA Section 22a-449(d)-1(a) and (c) and Section 22a-449(d)-101(a).

Required Documents

Underground Storage Facility Notification Form (EPHM-6)

Fees

An installation fee of $100.00 per tank per year will be billed by the UST Enforcement Program upon receipt of the Notification Form (EPHM-6). In addition, DEP has the statutory authority under CGS 22a-449(e) to bill an inspection fee of $100.00 for nonresidential USTs not more than once every five years.

Unique Processing Features

Owners and operators of all USTs, including residential, and above ground tanks must notify and/or comply with local fire marshal requirements.

Standards for New Installations

Underground storage tanks (including residential), connected underground piping, and ancillary equipment must be constructed of fiberglass reinforced plastic (i.e., non-corrosive) or constructed of steel with a manufacturer-applied anti-corrosive coating and cathodic protection. These standards for the installation of new USTs have been in effect since November, 1985.

As of October 1, 2003, all newly installed commercial USTs, and residential heating oil USTs for four or more units must also be double-walled with double-walled piping, both having a continuous 360-degree interstitial space that is continuously monitored using inert gas or liquid, or vacuum, electronic, or mechanical monitoring.

1998 Deadline for Meeting New Standards and Requirements

By December 22, 1998, owners and operators are required to implement the following upgrade requirements to their underground storage tanks: spill and overfill protection, corrosion protection, and release detection. Existing USTs may be upgraded to meet these new requirements. If upgraded, the original life expectancy determination for such USTs would still apply. As such, an upgraded UST must be removed at the end of the original UST life expectancy determination. Tanks not meeting the December 22, 1998 requirements must be properly closed.

The following USTs are exempt from the December 22, 1998 deadline:

• USTs storing heating oil for consumptive use on the premises where it is stored (although other usage deadlines are applicable);

• Farm and residential USTs of 1100 gallons or less capacity used for storing motor fuel for noncommercial purposes;

• Tanks on or above the floor of underground areas such as basements;

• Septic tanks;

• Storm-water or wastewater collection systems;

• Flow-through process tanks; and

• Emergency spill and overfill tanks.

Reporting and Record Keeping

Owners and operators of nonresidential USTs must report the following to the UST Enforcement Program on the Underground Storage Facility Notification Form (EPHM-6): new installations, closures, changes in status of USTs, changes in owner or operator information, or failure determination testing.

Owners and operators of nonresidential USTs must keep and maintain the following records at the UST site and make them immediately available for inspection by DEP: documentation of operations of corrosion protection equipment, UST system repairs, compliance with release detection requirements, and the results of the site investigation conducted at permanent closure. Such records, including copies of all Notification Forms, must be maintained at the UST site for at least five years beyond the operational life of the UST system. Records, if greater than five years old, or with written approval by the commissioner, may be kept at a readily available alternative site, but must be made immediately available to DEP inspectors upon request.

All UST closure notifications must be accompanied by a closure report that includes sampling results of soils that verify that petroleum or CERCLA listed chemical releases have not occurred. If contamination is discovered, it must be reported immediately to DEP and site clean-up must be conducted to bring the levels of contaminants below the current DEP remediation standards.

UST Petroleum Clean-up Account

CGS Sections 22a-449a through Section 22a-449h established this account to provide financial assistance for clean-up of sites impacted by leaking USTs and to enable petroleum tank owners to fulfill the financial responsibility requirements under 40 CFR 280.90. For eligibility criteria, regulations, or application forms, please call the UST Petroleum Clean-up Account Program Staff at 860-424-3370.

Contact Information

UNDERGROUND STORAGE TANK ENFORCEMENT PROGRAM
BUREAU OF MATERIALS MANAGEMENT AND COMPLIANCE ASSURANCE
DEPARTMENT OF ENVIRONMENTAL PROTECTION
79 ELM STREET
HARTFORD, CT 06106-5127

860-424-3374