Waste Programs Division
UST Regulatory Updates
UST owners and operators of UST systems in Arizona must comply with both federal and state regulations. Compliance deadlines for the federal UST regulations range from Oct. 13, 2015, to Oct. 13, 2018 for USTs installed on or before Oct. 13, 2015. USTs installed on or after Oct. 13, 2015, must fully comply with both the new federal and state UST regulations. U.S. EPA has the authority to enforce federal regulations under federal law. Arizona House Bill 2636 approved by Governor Doug Ducey on April 9, 2015, also revised Arizona UST statutes. The revised statutes impact owners, operators, property owners, and insurance companies in several ways.
Changes effective July 3, 2015
- UST owners and operators are required to notify ADEQ at least 30 days PRIOR to bringing a tank into operation.
- UST owners who sell tanks for use as USTs are required to provide documentation that they notified the purchaser of requirements to file updated notification forms to ADEQ.
- Non-payment of taxes and fees, if not timely corrected, may lead to delivery prohibition.
Financial Responsibility Related Requirements
- UST insurers are required to notify ADEQ within 30 days after the UST insurance policy termination or non-renewal.
- Existing insurance policies that are renewed with a more current retroactive date will not satisfy financial responsibility unless a new tank system was installed or a baseline assessment performed.
- UST owners and operators may request ADEQ’s assistance in pursuing coverage under the financial assurance mechanism they rely upon to demonstrate compliance with financial responsibility.
Leak Prevention, Removal and Release Confirmation
- Grant Program: UST owners and operators may apply for grants under a new program to assist with UST removal, UST system upgrades and release confirmation actions. UST owners and operators who qualify for grant funding will have up to one year to fulfill the grant and access approved funds. Under this program, the grant applicant will be responsible for acquiring bids, managing the action and submitting costs. COMING SOON
- State Lead Program: UST owners and operators who don’t wish to manage grant projects themselves, may request ADEQ to manage UST removals and release confirmation actions on their behalf. Learn More
- State Lead Program: UST owners and operators and property owners with UST contamination may request ADEQ to manage their cleanup. Eligibility requires the UST owner and operator to file a timely claim against their financial responsibility mechanism and pursue that claim. While pursuing the claim, ADEQ will manage their cleanup. In the case of a property owner who is not an owner or operator, ADEQ may have a lien on the property for unrecovered costs. (This may NOT be used to demonstrate compliance with financial responsibility.) Contact Mike Latin at 602-771-4308 for details on how to apply.
- Preapproval Program: UST owners and operators and property owners with UST contamination may qualify for a new cleanup program. Eligibility requires the UST owner and operator to file a timely claim against their financial responsibility mechanism and pursue that claim. While pursuing the claim, ADEQ will assist with cleanup costs. Participants will be required to meet with ADEQ to develop a preapproval scope of work, schedule, budget, and application. (This may NOT be used to demonstrate compliance with financial responsibility.) Learn More
- Time-Barred Claims Program: UST owners and operators who were not able to complete cleanup and did not exhaust their coverage limit under the State Assurance Fund program (SAF) will have a limited amount of time to submit corrective action costs incurred after June 30, 2010 through Dec. 31, 2016. UST owners and operators have until December 31, 2016 to submit these costs to ADEQ for evaluation. Learn More