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Underground Storage Tanks (UST) Energy Bill Compliance

On August 8, 2005, President Bush signed the Energy Policy Act of 2005. Title XV, Subtitle B of this act (entitled the Underground Storage Tank Compliance Act of 2005) contains amendments to Subtitle I of the Solid Waste Disposal Act, the original legislation that created the underground storage tank (UST) program. This new law significantly affects federal and state underground storage tank programs, will require major changes to the programs, and is aimed at reducing underground storage tank releases to our environment.

Operator Provisions

The MPCA invites you to continue to participate in the UST rule revision process by sending us your comments. Write to us at:

• Hannah Pierce
  PCA – SP4
  UST Rule Comments
  520 Lafayette Road North
  St. Paul, Minnesota  55155-4194

Proposed Rule Revisions

Main points in the proposed requirements are as follows.  All facilities must designate at least one Class A, Class B, and Class C operator.  A Class A operator will have primary oversight of the operation of the facility.  A Class B operator implements day-to-day operational activities.  A Class C operator has daily on-site presence and is responsible to handle emergencies/alarms pertaining to a spill or release from the tank system. 

Class A and B operators will be required to pass an MPCA administered exam.  Training is only required if the operator fails the exam or the facility the operator is responsible for is found to be significantly out of compliance.  The initial exam period is proposed to be phased in by facility telephone area code: 651 and 952 tested by August 8, 2010; 612 and 763 tested by August 8, 2011; 507, 218, 320, and all others tested by August 8, 2012.

Persons wanting to offer training will be required to submit an application form to the MPCA for approval. 

Below is the Notice of Intent to Adopt the Rule, the Proposed Rule Language, and the Statement of Need and Reasonableness explaining the proposed language.  Please send all comments to Hannah Pierce at the contact information above.

• Dual Notice
• 7150 Proposed Final Rule Language
• Statement of Need and Reasonableness

Previous Rule Drafts

• 7150 Preliminary Draft 1, includes operator training provisions
• 7150 Preliminary Draft 2
• 7150 Preliminary Draft 3

Schedule

December 7, 2009 begins the 30 day public comment period for the proposed rule language. The public comment period will end at 4:30 p.m. central time on January 8, 2010.  The rest of the schedule is tentative and may be subject to change depending on the time needed to gather and address the comments/concerns of stakeholders related to this issue.  More precise dates will be published on this website as necessary.  Please check back periodically for updates.

Current Minnesota UST Rules and Statutes published on Minnesota Office of the Revisor of Statutes Web site:

Effective March 24, 2008, the MPCA has revised its rules governing the storage of petroleum and hazardous materials in underground storage tanks primarily in order to comply with the new federal groundwater protection requirements. At the same time, the MPCA has comprehensively reviewed the UST rules for the first time since their initial promulgation in 1991, and has clarified and update existing rule language to account for new technologies, obsolete requirements, common owner/operator compliance problems, and other concerns that have emerged during the past 16 years of UST program regulation.  The rule was reformatted to make it more user friendly. The MPCA believes that the rule changes will ensure federal program compliance, significantly clarify requirements for those who must comply, and continue to protect Minnesota’s ground and surface water resources from pollution by releases from underground storage tank systems.

• Chapter 7150 (Effective March 24, 2008)
• Chapter 7105
• Minnesota Statute, Chapter 116

Federal UST Program

Further information from the U.S. Environmental Protection Agency (EPA) about the federal UST program response to the Energy Policy Act of 2005 is available on the EPA Web site.

Questions?

• Rule content questions may be directed to Hannah Pierce at 651-757-2651.
• Rule process questions may be directed to Bill Wilde at 651-757-2825.