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Final Underground Storage Tank Rule Under Review by White House OMB - UST Training

September 26, 2014

IMG_8212Final Underground Storage Tank Rule Under Review by White House OMB
By: Anthony Adragna | September 25, 2014 7:41 PM ET
Sept. 25 (BNA) — The White House Office of Management and Budget has begun reviewing a final Environmental Protection Agency rule that could expand monitoring and inspection requirements for certain underground storage tanks (RIN 2050-AG46).
Under the 2011 proposed rule, tank owners and operators would be subject to additional training requirements and rules for backup containment. The EPA has said the proposal would enable better detection and prevention of leaks known to cause groundwater contamination (76 Fed. Reg. 71,708).

The regulation would apply to tanks storing petroleum or other hazardous chemicals under Subtitle I of the Resource Conservation and Recovery Act. It would not apply to tanks regulated under Subtitle C of RCRA, which covers hazardous waste.

According to the agency’s regulatory dashboard, the final rule is scheduled to be published in the Federal Register in October.
Some industry groups and members of Congress have complained repeatedly that the agency has significantly underestimated the rule’s compliance costs and its impacts on small businesses.

The EPA told Bloomberg BNA in April it intended to address concerns of small businesses in the final rule (45 ER 1249, 4/25/14).
Compliance costs for the proposed regulation would be $210 million but would lead to between $300 million and $740 million in annual avoided remediation costs, according to the EPA.

The Petroleum Marketers Association of America, one of the groups most closely involved in the regulatory process, disputes the EPA estimate of $900 in annual compliance costs per facility. The group says the actual cost of compliance could be as much as $6,100 per facility.

There are more than 575,000 underground storage tanks nationally at 212,000 sites, according to the EPA. Once finalized, the regulations would be the first significant reform of federal underground storage tank regulations since 1988.

To contact the reporter on this story: Anthony Adragna in Washington at aadragna@bna.com
To contact the editor responsible for this story: Larry Pearl at lpearl@bna.com

Ben ‘s note: We at UST Training support most of the changes to the proposed UST rules and do not believe the costs to implement are anywhere near PMAA’s numbers of $6,100 per facility.

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