Does state law regulate underground storage tanks?

There are many restrictions on underground storage tanks (USTs), including some state-level laws. These restrictions apply regardless of the manner in which the tanks are used, but state laws can change frequently, so it's important to check your local legal information sources for updates.

Federal Laws and State Requirements

There are exceptions in the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for some types and amounts of hazardous substances placed in underground storage tanks, if used on small farms. But the RCRA gives the Environmental Protection Agency power to regulate hazardous substances “from the cradle to the grave.” Because UST rules are constantly changing, depending on new state laws, farmers and ranchers should regularly check to see what limits apply to their current use of a UST.

The most recent changes to UST laws was in 2005, with the Energy Policy Act: Congress now requires every state to develop tougher rules for monitoring all USTs within their state. The new laws also emphasize more than just the tank itself. Monitoring has been stepped up to check for leaks in the entire system, including pipes and dispensers, as well as the tank. USTs that hold wastes, treated water, fertilizers, or other chemicals are now generally subject to inspection. The 2005 Act also requires every UST to be inspected at least once every three years, and this has resulted in additional fees to use a UST, to help pay for the inspections.

Some Examples of Regulations

Not all underground storage tanks used in agriculture hold hazardous materials, but almost all types of tanks now have some strict regulations. Among the most important changes are requirements that all new USTs have more safety features, that USTs have systems to monitor leaks, and requirements that leaks are fixed faster than before. No matter how large the UST is, if it is used for holding petroleum, whoever delivers the petroleum (including to a farm UST) now has to follow exactly the same safety rules. There is no longer any difference between a large gas station and the smallest agricultural UST when it comes to accepting fuels.

USTs on agricultural land are often called “farm tanks.” This special class of USTs almost always includes some land used only for raising crops or livestock. There are also instances, though, of a UST being labeled a farm tank when the land is similar to farm land uses. The State of Washington, for example, also calls USTs "farm tanks" when they're used for related types of land uses, such as for cemeteries, fish hatcheries, golf courses, nurseries, or “aesthetic” property.

Depending on the state, being labeled a farm tank may be to the advantage of the farmer. The most common benefit is if the farm tank capacity is less than 1,100 gallons: those that are larger typically face greater restrictions on their use, extensive monitoring, and often the possibility of fines when rules are broken. These restrictions can be identical to those for USTs of up to 20,000 gallons.