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Secondary Containment/Financial Responsibility

2005 Energy Act

Portions of the 2005 Energy Act pertain to underground storage tanks (USTs). One area of concern is a provision requiring states to opt for secondary containment or financial responsibility. States may implement either the secondary containment option or financial responsibility and installer certification option of The Energy Policy Act of 2005.

View the EPA Guidelines:

According to Thompson Publishing, two states, Missouri and Kansas, are planning to implement the financial responsibility option. We hear that most other states plan to adopt the secondary containment option. We know that states receiving funding under the Resource Conservation and Recovery Act (RCRA) were to implement one of the options by the February 8, 2007, deadline, but the EPA has stated it will be lenient with states that do not meet the deadline.

In the meantime, PEI continues to receive inquiries regarding the states' future requirements/regulations since multiple-state facility owners and installers, along with equipment manufacturers, prepare and schedule UST work for 2007 and beyond.

For this reason, we have surveyed state regulators. As the states respond to our survey, the results will be posted here for owners, regulators, equipment manufacturers, distributors and installers to view.