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EPA, DEP ENFORCE UNDERGROUND STORAGE TANK DEADLINE

Release Date: 03/23/1998
Contact Information: Leo Kay, Press Office, (617) 918-4154

BOSTON -- As part of an aggressive strategy to eliminate groundwater contamination resulting from leaking underground tanks, the Environmental Protection Agency, in conjunction with the Maine Department of Environmental Protection, issued field citations of up to $1,000 over the last two months to a number of gasoline stations owners and fueling facilities operators who failed to meet the Oct. 1 deadline to upgrade, replace or properly close their petroleum storage tanks.

Gasoline and petroleum leaking from underground storage tanks are the most common source of groundwater contamination, adversely affecting drinking water supplies. More than 90 percent of the water supplies in Maine rely on groundwater as their sole drinking water resource.

As of the end of 1997, the EPA and DEP documented 1,559 releases of petroleum products into the environment from underground storage tanks in Maine. According to state and federal data, there are approximately 658 tanks in Maine that remain out of compliance.

"Now is the time for getting ahead of the curve," said John P. DeVillars, administrator of the EPA's New England office. "For those who think 'out of sight, out of mind,' please think again. We've already slapped fines on a number of violators, and will continue to do so until we feel the situation is under control. So save yourself some aggravation and take care of your tanks now."

"Maine's record in meeting removal deadlines is the best of any state in New England, but it's not perfect," said DEP Commissioner Ned Sullivan. "To protect Maine's water resources and public health, we will be taking aggressive formal enforcement action against those owners who fail to act quickly when notified that they are in violation. We will use all available tools, including asking EPA to help us with field citations, to achieve full compliance."

The Maine legislature voted to accelerate the federal upgrade schedule for unprotected underground storage tanks, to Oct. 1, 1997 for all non-government owned tanks. Municipalities and school administrative units that operate underground storage tanks have until Oct. 1 of this year to comply with the statute.

EPA and DEP investigators will conduct a number of field inspections again next month and, where appropriate, will issue field citations with associated penalties to tank owners who are out of compliance. To encourage a rapid return to compliance the initial penalties for using tanks that are not protected against corrosion are $1,000 per facility, the maximum penalty allowable under federal law.

Underground storage tanks that are considered to be in compliance must have as a minimum: 1) Corrosion protection on the tank, 2) non-corrodible piping, 3) catchment basins to contain spills from delivery hoses and 4) overfill protection such as an automatic shutoff device. Costs to bring a facility into compliance with the 1998 requirements vary widely, depending on the size and nature of a facility, local labor rates, and other factors.

If the field citation process fails to achieve compliance, violations will then be referred to EPA's regional counsel where the penalties for not upgrading, closing or removing an older unprotected tanks can be up to $10,000 per day of non-compliance.

Nearly all underground storage tanks that are used to store gasoline, diesel fuel, or other petroleum motor fuels are subject to these requirements. The tanks used to store certain hazardous chemicals -- usually at industrial facilities -- also are subject to the EPA requirements. Underground storage tanks that store heating fuels for consumptive use on premises are not federally regulated but are subject to DEP regulations.

The EPA established the upgrading deadline for unprotected underground storage tanks over 10 years ago to give tank owners plenty of time to comply with the environmental regulation. Other regulatory requirements, including those for release detection, financial responsibility, and reporting and cleanup of leaks will remain in effect.

"With what we know about environmental damage resulting from leaking underground tanks, and considering the extended grace period we provided a decade ago, there really is no excuse for anymore not having removed antiquated, potentially dangerous tanks," DeVillars said.

In addition to threatening groundwater supplies, other environmental and health hazards posed by leaking underground storage tanks include the threat of fire and explosion from petroleum vapors emanating into basements and crawl spaces.

The EPA provides a free l6-page booklet called "Don't Wait Until 1998" that clearly explains these regulatory requirements. Some states have established financial assistance programs that can provide grants or low-interest loans to help owners upgrade or replace their tanks. The EPA also provides a booklet titled "Financing Underground Storage Tank Work: Federal and State Assistance Programs." To order the EPA booklets, call the EPA's Hotline at 1-800-424-9346.

For more specific information about underground storage tanks in Maine, contact Diana McLaughlin at (207)287-7856.