Underground Storage Tanks (UST) Update Rulemaking

UST Update Rule notices

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In Minnesota, there are about 18,000 regulated USTs currently in use. The tanks are regulated by the UST program. UST regulations were first implemented by MPCA in 1988 primarily to prevent releases of petroleum products and hazardous substances from gas stations and other facilities into the environment. The regulations were subsequently amended to address federal language changes.

The existing underground tank rule is designed to prevent improper design, installation, use, maintenance, and closure of UST systems which includes the tanks, piping, and dispensers. There is a need to revise the UST regulations to incorporate U.S. Environmental Protection Agency changes to the UST program as well as to update outdated portions of the regulations due to changes in technology since the 1980s. Program knowledge gained during the last 20 years will be used to update and revise the regulations to make targeted changes to improve implementation and prevent UST releases.

The proposed revisions consider these topics:

  • adding secondary containment requirements for new and replaced tanks and piping;
  • adding operator training requirements for UST system owners and operators;
  • adding periodic operation and maintenance requirements for UST systems;
  • removing certain deferrals;
  • adding new release prevention and detection technologies;
  • updating codes of practice;
  • other related topics that time and resources allowed; and
  • editorial and technical corrections.

Notices and documents

Minnesota Revisor's Office (R-04360)

Request for comments (Nov. 9, 2015)

Dual Notice, draft rule, and the SONAR (Aug. 27, 2018)

Comments/requests for a hearing submitted in response to the rule notice (Aug. 27, 2018) are part of the Rule Hearing Record, as well as MPCA's response to select comments.

Public hearing

MPCA held a public hearing on October 25, 2018.

PDF icon Rule Hearing transcript: October 25, 2018 (ust-rule1-10)

PDF icon Rule Hearing Record: October 25, 2018 (ust-rule1-09)

Exhibits added to the original hearing record:

  • N. Copy of Rule Hearing presentation slides
  • O-1. Comment: Holiday Stationstores, Camie Pederson, P.E. (October 25, 2018)
  • P. MPCA post-hearing response to comments (due Nov. 14, 2018)
  • Q-1 Comment: Minnesota Petroleum Marketers (Nov. 14, 2018)
  • Q-2 MPCA post-hearing rebuttal response to comments (due Nov. 21, 2018)

Opportunities for additional comment

Submit comments via the eComments website by the posted deadlines: https://minnesotaoah.granicusideas.com/discussions/35384-pollution-control-agency-notice-of-hearing

  • Initial comment period closed November 14, 2018.
  • Rebuttal comment period: Nov. 15 through Nov. 21, 2018 (4:30 p.m.). Comments should relate to comments filed by others in the Initial comment period.

Current Minnesota statutes and rules

Tentative schedule

Task

Date(s)

Publish Request for Comments

Nov. 9, 2015

Advisory committee meetings

Jan - June 2016

Publish notice of proposed rules in the State Register

Aug. 27, 2018

Final adoption of rules anticipated

June 17, 2019

 

Staff contacts

For questions about the advisory committee or technical questions on the UST rules, contact:

Zachary Klaus
507-285-7343
zachary.klaus@state.mn.us

For questions about the rulemaking process or public participation opportunities, contact:

Yolanda Letnes
651-757-2527
yolanda.letnes@state.mn.us