UST Rules and Regulations
DEQ has State Program Approval (SPA) to run the UST program in lieu of the US Environmental Protection Agency (EPA). State programs must be at least as stringent as EPA’s regulations. Owners and operators in states that have an approved UST program do not have to deal with two sets of statutes and regulations (state and federal) that may conflict. Once their programs are approved, states have the lead role in UST program enforcement.
Stage 1 Vapor Recovery
Stage 1 Vapor Recovery is the process used to capture gasoline vapors that otherwise may escape into the environment. DEQ’s Air Quality program manages the Stage 1 Vapor Recovery Program. For more information, contact JR Fuentes at the DEQ Boise Regional Office at HumbertoJr.Fuentes@deq.idaho.gov or (208) 373-0550.
EPA enacted changes to the 1988 federal underground storage tank (UST) regulations. An overview of the Idaho rules and major provisions of EPA federal regulations adopted by the State of Idaho on March 24, 2017 are provided below:
- Tank fees
- Monthly walkthrough inspections
- Release detection (ground water/vapor monitoring requires site assessment)
- Annual testing requirements for release detection equipment.
- 3-year testing requirements for overfill devices (e.g. Phase-out ball floats), spill buckets, and containment sumps
- UST system fuel compatibility
- Suspected release reporting
- UST system repair changes
- Emergency generator systems require release detection
- UST internal lining inspection update
- Change of ownership requires 30-day notice
Each UST or UST compartment is assessed a tank fee of up to $100 per tank or compartment for continued environmental protection through the Idaho UST Program (IDAPA 58.01.07). Fees will be invoiced by DEQ once per year. Payment is due by the first business day of each year. DEQ will send invoices in November.
There are many compliance requirements for owning and/or operating an UST system. Each UST system will be inspected by DEQ at least every three years to ensure ongoing compliance. Compliance has key components of financial responsibility, training, release prevention, release detection, testing, and notifications.
DEQ TankHelper Management Plan and Compliance Binder
Each Idaho UST facility receives a management plan that depicts the site-specific requirements: (1) the equipment present at the facility; (2) the required duties associated with that equipment; (3) when the required duties need to be performed; (4) recordkeeping requirements; (5) best management practices; and (6) how to respond to problems.
Each facility will also receive a compliance binder that gives detailed information on how their equipment functions. The compliance binder serves as reference material and a place to store the facility’s required records.
If the new Class A or B operator does not have a management plan or compliance binder, contact the nearest DEQ regional office (contact names at right) to obtain one.
Each regulated UST is required to maintain petroleum contamination/pollution insurance or provide proof of financial responsibility.
Each UST location must have a designated trained Class A and Class B operator; see the UST Owner/Operator Training page for specific training information.
Testing and Inspecting Equipment
UST equipment must be properly maintained and tested periodically in order to work as designed. See IDAPA 58.01.07 for specific requirements including walkthrough inspections, leak detector testing containment testing, and more.
Testing and inspection forms are available here.
Notifications are a requirement of operating an UST system
An owner must submit written notice to DEQ using the UST Notification Form for the following actions:
a) at least 30 days before installing an UST
b) at least 30 days before installing new UST piping
c) at least 24 hours before installing replacement UST piping
d) within 30 days after you bring an UST system into use, or back into use (with all required installation documentation)
e) at least 30 days before permanently closing an UST
f) within 30 days of acquiring an UST
g) at least 30 days before switching to regulated substances blended with greater than 10% ethanol or greater than 20% biodiesel or other regulated substances identified by DEQ
h) within 24 hours of a suspected release
i) within 24 hours of confirmation of a release from the UST system (or within another reasonable period of time determined by DEQ), owners and operators must perform the following initial response actions: (1) report the release to DEQ (e.g., by telephone or electronic mail); (2) take immediate action to prevent any further release of the regulated substance into the environment; and (3) identify and mitigate fire, explosion, and vapor hazards.
It is the responsibility of the UST owner to meet all regulations no matter who is hired on the project.