EPA Approved – State Underground Storage Tank (UST) Programs

The EPA revised the Underground Storage Tank (UST) Regulation and the State Approval Regulation in June 2015 and the states have until October 13, 2018 to apply or reapply for state UST program approval.

Below is a map showing the States with EPA approved UST programs:

How do states receive program approval?

EPA’s regional offices coordinate the state program approval process for states and territories under their jurisdiction. EPA regional officials work closely with state officials while state programs are under development. Once state legislatures enact statutes and state agencies develop regulations in accord with EPA requirements and put other necessary components of a program in place, states may apply for formal approval. EPA must respond to applications within 180 days.

A state program is approved if it is judged to meet three criteria:

  1. It sets standards for eight performance criteria that are no less stringent than federal standards.
  2. It contains provisions for adequate enforcement.
  3. It regulates at least the same USTs as are regulated under federal standards.
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What are the benefits of state program approval?

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 be conflicting. States take pride in obtaining federal approval of their programs. Once their programs are approved, states have the lead role in UST program enforcement. In states without an approved program, EPA will work with state officials in coordinating UST enforcement actions.

All 50 states, plus the District of Columbia, have a comprehensive set of UST leak prevention and release detection regulations and a program to implement those regulations. Additionally, all states have cleanup programs. Even for states without SPA, EPA enters into grant/cooperative agreements with state programs, and the state program is designated as the primary implementing agency. While both federal and state regulations apply in states without SPA, the state regulations are generally just as stringent as, and oftentimes significantly more stringent than, EPA’s regulations.

List of States With Approved UST Programs and Respective Federal Register Notices

As of September 2014, 38 states plus the District of Columbia and the Commonwealth of Puerto Rico have approved programs.

Alabama (1997)

Arkansas (1996)

Colorado (2007)

Connecticut (1995)

Delaware (1996)

District of Columbia (1997)

  • April 28, 1997, vol.62, no.81, pp.22898-22900. District of Columbia; Approval of Underground Storage Tank Program; Notice of tentative determination, public hearing, and public comment period.
  • July 9, 1997, vol.62, no.131, pp.36698-36699. District of Columbia; Final Approval of State Underground Storage Tank Program; Notice of final determination on the District of Columbia’s application for program approval.
  • May 4, 1998, vol.63, no.85, pp.24453-24454. Technical Amendments to District of Columbia; Final Approval of State Underground Storage Tank Program; Correction of Effective Date Under Congressional Review Act (CRA); Notice of final determination on the District of Columbia’s application for program approval; correction of effective date under CRA.

Georgia (1996)

Hawai’i (2002)

Idaho (2012)

Indiana (2006)

Iowa (1995)

Kansas (1994)

  • September 27, 1994, vol.59. Underground Storage Tank Program: Approved State Program for Kansas; Immediate final rule.
  • June 6, 1994, vol.59. Kansas; Final Approval of State Underground Storage Tank Program; Notice of final determination on Kansas’ application for final approval.
  • March 2, 1994, vol.59. Kansas; Approval of State Underground Storage Tank Program; Notice of Tentative Determination on Application of the State of Kansas for Final Approval, Public Comment Period.

Louisiana (1992)

Maine (1996)

Maryland (1992) Massachusetts (1995)

Minnesota (2001)

  • November 30, 2001, vol.66. Minnesota; Final Approval of State Underground Storage Tank Program; Notice of final determination on the State of Minnesota’s application for final approval.
  • August 6, 2001, vol.66. Minnesota; Tentative Approval of State Underground Storage Tank Program; Proposed rule; notice of tentative determination on application of State of Minnesota for final approval, public hearing and public comment period.

Mississippi (1997)

Missouri (2004)

  • September 21, 2004, vol.69. Missouri: Final Approval of Missouri Underground Storage Tank Program; Final rule; final determination on application of State of Missouri for final approval.
  • August 6, 2001, vol.69. Missouri: Tentative Approval of Missouri Underground Storage Tank Program; Proposed rule; tentative determination on application of State of Missouri for final approval; public comment period.

Montana (1996)

Nebraska (2002)

Nevada (1998)

New Hampshire (1991)

New Mexico (1996)

North Carolina (1999)

  • August 10, 1999, vol.64, no.153, pp.43336-43338. North Carolina; Approval of State Underground Storage Tank Program; Notice of tentative determination on application of state of North Carolina for final approval, public hearing and public comment period.
  • August 24, 1999, vol.64, no.155, page 46178. North Carolina; Approval of State Underground Storage Tank Program; Notice of tentative determination on application of State of North Carolina for final approval, public hearing and public comment period–correction.

North Dakota (1995)

Oklahoma (1996)

Oregon (2011)

Pennsylvania (2003)

  • September11, 2003, vol.68. Pennsylvania: Final Approval of State Underground Storage Tank Program; Final rule.
  • January 3, 2003, vol.68. Pennsylvania Approval of Underground Storage Tank Program ; Proposed rule; notice of tentative determination on Pennsylvania’s application for approval of its Underground Storage Tank Program, public hearing and public comment period.

Puerto Rico (1997)

Rhode Island (1996)

South Carolina (2002)

South Dakota (1995)

Tennessee (1998)

Texas (1996)

Utah (1995)

Vermont (1995)

Virginia (1998)

Washington (1993)

West Virginia (1997)

  • August 1, 1997, vol.62, no.148, pp.41326-41328. West Virginia; Approval of Underground Storage Tank Program; Notice of tentative determination on West Virginia’s application for approval of underground storage tank program, public hearing and public comment period.
  • September 23, 1997, vol.62, no.184, pp.49620-49621. West Virginia; Final Approval of State Underground Storage TankProgram; Notice of final determination on West Virginia’s application for program approval.
  • February 10, 1998, vol.63, no.27, page 6667. Technical Amendments to West Virginia; Final Approval of State Underground Storage Tank Program; Correction of Effective Date Under Congressional Review Act (CRA); Notice of final determination; correction of effective date under CRA.