Environmental
ENVIRONMENTAL REGULATIONS
The purchase of a commercial real estate property carries with it many requirements and responsibilities. Specifically, the Federal and State(s) Government regulate gasoline storage tanks which are used by convenience stores (C-store) / gas stations. It is important to assure that proper environmental records are complete and current, and that the required disclosures are obtained when selling or buying a C-store / gas station.
BACKGROUND
On September 23, 1988, (53 FR 37082) EPA promulgated technical requirements under subtitle I of RCRA for underground storage tanks containing petroleum or substances defined as hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), except for substances regulated as a hazardous waste under subtitle C of the Resource Conservation and Recovery Act (RCRA). These rules went into effect 90 days later on December 22, 1988.
UNDERGROUND STORAGE TANKS
An underground storage tank (UST) system is a tank (or a combination of tanks) and connected piping having at least 10 percent of their combined volume underground. The UST system includes the tank, underground connected piping, underground ancillary equipment, and any containment components. The Federal UST regulations apply only to underground tanks and piping storing either petroleum or certain hazardous substances. For more detailed information on the applicability of Federal UST requirements for different types of USTs, please refer to Subpart A of Part 280 of the
Code of Federal Regulations (CFR).
WHO REGULATES UNDERGROUND STORAGE TANKS?
In 1984, Congress directed the U.S. EPA to develop regulations for UST systems. The
Office of Underground Storage Tanks (OUST)
was created to carry out this mandate. The federal regulations went into effect in December 1988. These regulations delegate UST regulatory authority to approved state programs. States with approved programs operate in lieu of the Federal regulations. Currently 36 states, plus the District of Columbia and Puerto Rico, have approved UST programs.
You should contact your
State or Territorial regulatory agency
to learn which regulations apply to your UST system. However, if your tanks are located in Native American Country, you should contact the EPA Regional UST Program office that is the implementing agency for your area.
RESPONSIBILITIES OF A UST OWNER OR OPERATOR
All Federally regulated USTs must be registered with the appropriate regulatory authority, be equipped with certain leak detection equipment and satisfy leak detection requirements. Additionally, owners and operators must meet financial responsibility requirements; perform a site check and corrective action in response to leaks, spills and overfills, maintain records as required; and have periodic checks performed on corrosion protection and leak detection systems.
To receive specific information about their tanks, UST owners and operators should contact the
state or local agency
that implements their UST program. If the tanks are located in Native American Country, then you should contact the EPA Regional Office.
UNDERGROUND STORAGE TANK INSURANCE
Insurance coverage is available to cover the property owner, the system operator, and the lender of a property containing an underground storage tank. Environmental site liability insurance can protect against existing known and unknown environmental conditions, potential problems in the future, and problems to property that are not stated in the specific policy, such as an adjacent property.
The environmental insurance can provide coverage which may not be covered by a general commercial liability policy for bodily injury, property damage, environmental clean-up and legal defense in the case of a claim. Please contact your REGI representative or go to our
Service Provider Partners
web page for more details or for a list of affiliate Environmental Insurance Providers.
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