Stuart Lieberman, ESQ, USA
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Why Upgrades Are Necessary:

Nationally, underground storage tanks have been at the root of many environmental problems. The reason for this is that older underground storage tanks have a propensity to leak, and indeed have often done so. Since it takes a very small amount of certain hazardous substances to cause a very large problem, tanks have justifiably become a subject for legislative concern, as well as scrutiny from the Environmental Protection Agency (EPA).

The EPA has required various upgrades to certain "regulated" underground storage tanks. The upgrade requirements apply to existing tanks and new installations. Though these upgrade requirements do not cover many residential tanks, they do apply in certain instances. In any event, there is a benefit for everyone to appreciate the problems associated with older underground tank installations and the provisions that certain property owners and operators will be expected to make by the end of this year.

Compliance Dates

By 1993, all existing regulated underground storage tanks were required to have leak detection devices. For new tanks, there were two options available. This could include monthly monitoring or monthly inventory control and tank tightness testing every five years. However, the last option was only available for ten years following the installation of the tank.

For existing tanks, there were three options. Monthly monitoring, monthly inventory control and annual tank tightness testing and monthly inventory control and tank tightness testing every five years. Piping must also be analyzed for leak detection. Various mechanisms for accomplishing this have also been set forth in federal government regulations. December 1988 Requirements

Come December 1998 are mandatory corrosion protection and spill overfill prevention upgrades. The EPA has made it clear that this compliance deadline will not be extended. As was the case for leak detection, there are various options available for accomplishing these upcoming requirements.

For new installations, tanks may be coated and cathodically protected or they may be composed of fiberglass, or a tank may be fabricated of steel and clad with fiberglass.

For existing tanks, a tank owner may either comply with the options available for new tank owners or take other specified measures. Again, options also exist for new piping and existing piping.

For spill overflow and prevention, all tanks will require catch basins and one of the following: automatic shut-off devices, overfill alarms, or ball flow valves.

Sub-Standard New Jersey Tanks

A 1997 EPA "surprise" inspection revealed that nearly half of the facilities in New Jersey did not comply with the current tank requirements. Since many are not meeting the current, more relaxed standards, what will happen after the 1998 deadline?

Interestingly, while most of the inspected facilities were privately owned, some were state or local government owned. And, apparently some of the state and local government agency owned tanks also failed.

There are hefty fines for noncompliance. Recently, the EPA entered into a consent order with New Jersey Transit in which it agreed to pay $130,000 in fines for violations of the underground storage tank laws. Often public agencies are given a "break," and the size of this penalty suggests that EPA is serious about enforcement of these requirements. A $30,000 proposed penalty was recently offered to Shell Oil Company concerning contamination of a municipal public water supply system after a retail service station's underground storage tank allegedly leaked.

Better Later than Never

Penalties can be stiff and the cost of compliance can be costly. The best suggestion is to begin the upgrade compliance process immediately. Since these projects are timely, any one who has a regulated tank and has not started is too late to be early. The question is whether they will be able to meet the December deadline. What a nice 1998 Christmas gift!

Published: June 30, 1998

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Stuart Lieberman, Esq. writes about environmental issues. He was a New Jersey Deputy Attorney General assigned to the State Department of Environmental Protection from 1986 to 1990. Currently he is a shareholder in the environmental law firm of Lieberman & Blecher, P.C., located in Princeton, New Jersey. Stuart can be reached at slieberman@liebermanblecher.com.