Buried Tank and Above Ground Oil Tank Leak Reporting & Tank Abandonment Regulations - State & Federal InspectAPedia® -
Canadian & U.S. Regulations for reporting oil tank leaks
Canadian & U.S. Regulations for abandoning oil storage tanks
Federal and state contact points for oil tank regulations for all U.S. states and territories, Canadian Provinces
U.S. State by State List of programs and agencies offering financial aid to replace leaking residential oil storage tanks
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This document outlines the basic rules for reporting oil tank leaks and abandoning oil tanks which are no longer to be used.
It provides locates and summarizes oil tank abandonment guidelines providing oil tank regulations for all of the U.S. states and for several Canadian provinces, it provides
state and national building or environmental code references for abandoning oil tanks including procedures for temporary abandonment and for handling of
tanks when converting to other fuels.
In the U.S. some state regulations concerning underground or aboveground oil storage tanks can be a
bit difficult to locate, or in a few cases they are nonexistent. This document collects all of them and includes brief summary comments about
various state oil tank regulation programs. Researchers wanting to compare oil tank regulation and statistics across the U.S. will want to refer to this document.
Use links at the left of each page to navigate this document or to view other topics at this website. Green links show where you are in our document or website.
To skip our introductory text and go directly to your U.S. State Oil Tank Regulation & Environmental Agency Directory use the state links just below:
We've been collecting copies of environmental regulations regarding oil storage tanks for U.S. states and Canadian provinces since 1990. Regulations regarding identification, testing, and removal or abandonment of buried tanks vary widely from state to state in the U.S., Canada, and other countries.
In the U.S. many state DEP/DEC/DNR (Departments of Environmental Conservation or similar agencies) have programs for registering buried tanks at any site storing more than 1100 gallons of heating oil. The choice of 1,100 gallons was probably chosen by the states in order to exclude the largest common home heating oil storage tank size which is 1,000 gallons.
Requirements for gas (auto fuel), or other fuels may be different. Eventually this concern may spread to smaller residential tanks. The concern is for leaks which contaminate the environment. Tanks located where they may leak into a local waterway or into the water supply are a special environmental concerns. (C)trap DJ Friedman.
Oil Leak Reporting Requirements & Oil Tank Registration at Residential Properties
Examples of oil tank leak reporting requirements and oil tank registration requirements are given here. Please see specific
regulations by state or country for the details of your locale. Also in many states, such as New York in the U.S., local governments
(such as Long Island in New York) may have enacted specific reporting laws for their region.
Reporting Oil Tanks and Oil Leaks in New York
The NYS Department of Environmental
Conservation, which has regulations similar to those of most U.S. states, has a program requiring the
registration of buried tanks at any site storing
more than 1100 gallons of heating oil. Though specific reporting details may vary, most U.S. states have similar requirements.
Requirements for gas (auto
fuel), or other fuels may be different as well.
Oil Tank registration:
The presence of a buried (or above ground) oil storage tank
at a residential property does not need to be reported to the DEC provided the onsite storage volume is less than 1100 gallons.
Oil Storage Tank Leak Reporting:If a leak is detected at any fuel storage tank, it must be reported to the state Department of Environmental Conservation
within two hours. (State DEC telephone numbers are provided below in this document.) The concern is for leaks which
contaminate the environment. Tanks located where they may leak into a local waterway or into the water supply are a special environmental concern.
Reporting Oil Tanks and Oil Leaks in Maryland
Using a second U.S. state, Maryland, as example,
if soil or groundwater contamination is found during oil tank (or presumably any other) excavation,
the contamination must be reported to Maryland Department of the Environment immediately upon discovery.
Phone number: 410/631-3442 or after hours 410/974-3551. Maryland, like New York, requires that
any residential heating oil storage tank greater than 1,100 gallons in capacity must
be required to be registered with MDE. We add that the choice of 1,100 gallons was probably chosen
by the states in order to exclude the largest common home heating oil storage tank size which is 1,000 gallons.
Heating oil tank regulations vary widely in other countries.
According to Project Clean Oslofjord in Norway,
"ninety per cent of the 13,000 buried oil tanks that are registered in Oslo are more than 20 years old,
and 37% more than 40 years old. The danger of leakage is acute.
A new regulation from the Norwegian Ministry of environmental protection that requires maintenance checks
of buried oil tanks applies initially only to tanks over 3,200 liters, namely half of the tanks.
Calculations show that the total number of buried oil tanks in Oslo could be over 35,000.
The Oslo local authority does not have any control with two thirds of these, because they are not registered."
For oil tanks within the regulated size range,
since 1997 owners of such oil storage tanks must have the tanks checked at a
frequency that depends on tank type: single- or double-bottomed steel tanks the first check is after 15 years.
After the initial test, such tanks shall be checked every fifth year.
For less leak-prone fiberglass tanks (glass fibre reinforced polyester) the tanks must be pressure-tested
two years after burial, and afterwards
at 30 years. [http://www.bellona.no/en/environmental_facts_and_info/status_and_field-reports/project_clean_oslofjord/12830.html -
4/25/2006]
Oil Tank Abandonment Regulations
This text summarizes oil tank abandonment regulations.
Abandonment (discontinued use) of buried oil or other storage tanks is regulated in most U.S. states as well as in other countries
for safety, to avoid cave-ins, to avoid leaving flammable liquids at a site (a fire hazard),
and also for environmental protection, to avoid leaving heating oil or other stored liquids
in a container which may leak into and contaminate the environment, as well as to assure that if such a tank has already
leaked, the leak will be discovered and properly cleaned-up.
The regulations require that oil storage tanks be removed, which leaves a large hole to be filled-in,
or, provided there is no evidence of leakage, a buried oil storage tank can be filled in-place with a solid, inert material.
Filling the tank also keeps the tank from floating up out of the ground in areas of rising water table.
Tanks are filled with sand, concrete, or special foams.
Not only is the oil tank excavated, emptied, cleaned, and inspected for leaks, but also all
fill and vent lines are removed from the tank.
Old oil lines between the tank and building may be
left in place in some jurisdictions, but the lines are capped off.
In the U.S., federal commercial UST regulations require for sites where more than 1,100 gallons of fuel or heating oil
were stored must also be checked for contamination.
List of Government Contacts for Oil Tank Information & Regulations for Canada & the United States
Contact the Environmental or TSSA office in your province (Canada): [U.S. state regulations are listed below].
The Technical Guidelines for Underground Storage Tank Systems Containing Petroleum Products and Allied Petroleum
Products (March 11, 1995) and the Technical Guidelines for Aboveground Storage Tank Systems Containing Petroleum
Products and Allied Petroleum Products (August 17, 1996) incorporated the Canadian Council of the Minister of
Environment (CCME) Environmental Codes of Practice for USTs and ASTs - not a very helpful website as readers
must "join" to search for regulations--DF
Canadian Provincial Environmental Regulatoins for Oil Tanks: Above Ground and Under Ground
Canadian TSSA Regulations and Explanation of Underground Fuel Storage Tank registration and leak reporting. All underground oil storage tanks were be registered with the Technical Standards and Safety Authority (TSSA) by May 1, 2002 or fuel oil was not be delivered to the tank. Underground tanks with a storage capacity greater than 5 000 litres are to be leak tested annually.
Ontario Canada UST removal: Note: if your underground oil tank must be removed/replaced, in Ontario Canada (and possibly other provinces) the tank must be removed by a licensed expert:
Underground storage tanks in Ontario must be removed by a Licensed Petroleum Contractor who is required to hold a PM2 license.
An environmental assessment (have leaks occurred) is requierd after the buried oil tank has been removed or if the property (tank) owner wishes to apply for a variance to leave the abandoned oil tank in place.
Underground oil storage tanks that were 9 years old or less were to be removed or upgraded by 1 Oct 2009 (presumably an oil tank in this age range that had already been replaced or upgraded or meets current specifications will be acceptable).
Underground oil storage tanks that were 10 to 19 years old were to be removed or upgraded by 1 Oct 2008
Underground oil storage tanks that were 20 to 24 years old were to be removed or upgraded by 1 Oct 2007
Underground oil storage tanks that were 25 years old or older were to be removed or upgraded by 1 Oct 2006
List of U.S. State Environmental Regulations & State Offices for Oil Tank and Oil Spill Regulation & Advice
U.S. Environmental Protection Agency EPA Underground Oil Storage Tank Regulations - Complete 40 CFR 280 PDF document (454K byte PDF) includes Program Scope and Interim Prohibition (for underground storage tanks), UST Systems: Design, Construction, Installation and Notification, General Operating Requirements, Release Detection (oil tank leak detection), Release Reporting, Investigation, and Confirmation (oil tank leak reporting), Release Response and Corrective Action for UST Systems Containing Petroleum or Hazardous Substances, Out-of-Service UST Systems and Closure (how oil tanks are abandoned), Financial Responsibility, and Lender Liability.
Arkansas AR Oil Tank Information & Regulations regulated by the State of Arkansas Department of Environmental Quality - this is a tough page to find, here it is
Colorado CO: regulation of leaking underground oil storage tanks is the by the Oil Inspection Section of the Colorado Department of Labor and Employment.
Connecticut CT Oil Tank Information & Regulations Connecticut's Underground Storage Tank Program includes regulations and guidance for "fuel releases" or spills, tank closure methods, etc. Double walled tank systems are required in some instances.
Maryland MD Oil Tank Information & Regulations include a UST compliance outline and oil tank registration program. "Release detection" (read oil tank leak) and tank abandonment in place are discussed.
Maine ME Oil Tank Information & Regulations DEP Materials & Publications. See "Chapter 2, Operating Your Heating Oil Tank", Main Department of Environmental Protection, maine.gov/dep/rwm/ust/pdf/hotdoc2.pdf and see maine.gov/dep/rwm/ust/ for Maine's basic guide to oil storage tanks and maine.gov/dep/rwm/ust/statutesrules.htm for Maine's UST stautes and rules.
Missouri MO Oil Tank Information & Regulations Rules of the Department of Natural Resources of Missouri, Division 20 Clean Water Commission, Chapter 10 Underground Storage Tanks, Technical Buried Oil Tank Regulations for Missouri
New Hampshire NH Oil Tank Information & Regulations Department of Environmental Services Oil
Remediation & Compliance Bureau. Oil storage tanks over 1100 gallons must be registered. Best Practices for oil tank installations addresses both buried tanks
and above ground tanks with details on
above ground tank support, piping, and abandonment.
NH has reimbursement funds - only for those whose commercial insurance
does not cover! - that can reimburse costs for investigation & cleanup of releases from most petroleum storage facilities, including
residential tanks. More information: (603) 271-3644. New Hampshire Oil Tank Closure Recommended Practices for Closure of Residential Heating Oil
Underground Storage Tanks - WMD-REM-22 2005 -- Thanks to New Hampshire's Denise Adjutant, DOIT Web Support Division, for link accuracy editing, 06/22/2009
New Jersey: NJ Guides & Regulations for Abandoning Oil Tanks in New Jersey.
New Jersey's model regulations addressing abandonment of oil and other fuel storage tanks vary by tank type, size, and location.
The regulations are grouped into the three documents listed below and online at this website.
Free Oil Tank Removal and Replacement For New Jersey Homeowners - (PDF file) Effective Aug. 2, 2006, the Petroleum Underground Storage Tank Remediation, Upgrade and Closure Program provides loans and grants to eligible applicants to help finance project costs for the closure and replacement of a non-leaking residential underground storage tank (UST). NOTE: This is information provided by a private firm: Steve Rich Associates, an environmental contracting firm.
N.J.A.C. 7:26E Technical Requirements for Site Remediation ("Tech Rules") - These rules constitute the minimum technical requirements to investigate and remediate contamination at any site in New Jersey This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.
New Mexico NM Oil Tank Information & Regulations Title 20 Chapter 5 Part 4 regulating
Petroleum Storage Tanks, New and Upgraded Storage Tank Systems: Design, Construction, and Installation - PDF file
New York NY: Department of Environmental Conservation Oil Tank Information & Regulations
New York DEP Region 1 Suffolk and Nassau counties (631) 444-0204
New York DEP Region 2 Manhattan, Bronx, Queens, Brooklyn and Staten Island (718) 482-4900
New York DEP Region 3 Sullivan, Ulster, Orange, Dutchess, Putnam, Rockland and Westchester counties (845) 256-3000
New York DEP Region 4 Montgomery, Otsego, Delaware, Schoharie, Schenectady, Albany, Greene, Rensselaer and Columbia counties (518) 357-2234
New York DEP Region 5 Franklin, Clinton, Essex, Hamilton, Warren, Fulton, Saratoga and Washington counties (518) 897-1200
New York DEP Region 6 Jefferson, St. Lawrence, Lewis, Oneida and Herkimer counties (315) 785-2239
New York DEP Region 7 Oswego, Cayuga, Onondaga, Madison, Tompkins, Cortland, Chenango, Tioga and Broome counties (315) 426-7400
New York DEP Region 8 Orleans, Monroe, Wayne, Genesee, Livingston, Ontario, Yates, Seneca, Steuben, Schuyler and Chemung counties (585) 226-2466
New York DEP Region 9 Niagara, Erie, Wyoming, Chautauqua, Cattaraugus and Allegany counties (716) 851-7000
New York State Fire Code: 3404.2.13.1 (old NY CRR 1164.5) requires that an oil tank which is no longer going to be used (a discontinued oil storage tank)
shall be opened, cleaned, and abandoned (filled in-place or removed) within ninety days of the day on which it is no longer used. Piping is
also removed (Avoid accidental filling of empty abandoned tanks or leaks from pipes no longer connected to tanks!).
1164.5 of the UFPBC, in section 40
CFR part 280.7 of the federal Underground Storage Tank (UST) regulations
subdivision 6 NYCRR Part 613.9 (b) of the DEC's Petroleum Bulk Storage (PBS) regulations.
Other states using significant amounts of oil for residential heating may have similar regulations. See TANK REGULATIONS.
Nevada NV Oil Tank Information & Regulations: There are no underground storage tank regulations mandating removal or testing of home heating oil tanks. Home heating oil tanks are considered "unregulated" tanks under the State and Federal Underground Storage Tank laws administered by the Nevada Division of Environmental Protection (NDEP).
There are Nevada oil spill regulations require that releases of petroleum products greater than 25 gallons, or with greater than 3 cubic yards of soil affected, or in any quantity on or in groundwater, be reported to the Nevada Division of Environmental Protection (Bureau of Corrective Actions; (775-687-4670) within 24 hours, or the first business day, of the discovery.
North Carolina NC Oil Tank Information & Regulations, (Division of Waste Management) North Carolina Department of Environment and Natural Resources, located at 401 Oberlin Rd., Raleigh, NC 2760 regulates
underground storage tanks USTs and provides this FAQ sheet. Contact: North Carolina Division of Waste Management,
1646 Mail Service Center, Raleigh, NC 27699-1646 (919)508-8400.
Here the most useful oil storage tank links useful for residents of North Carolina
Underground oil Storage Tank forms for North Carolina residents: corrective action forms, reports, UST clean closure form, etc., including eligibility application form for state trust funds to offset cost of oil storage tank abandonment, spill cleanup, and a state memorandum about eligibility for trust funds for owner, operator, or landowner financial reimbursement for oil spill cleanup.
North Carolina Regulations for Underground Storage Tanks - 15A NCAC 02N.0101 provides more specific information about the technical standards and corrective actions for owners and operators of underground storage tanks in North Carolina. This program is administered by the Groundwater section of the Division of Environmental Magement for North Carolina.
NCDENR, Division of Waste Management, 1637 Mail Service Center, Raleigh NC 27699 Tel: 919-733-8486
North Carolina Trust Fund, Underground Storage Tank Section, streamlining reimbursement addendum 2001 (PDF)
The Underground Storage Tank (UST) Section of the NC Department of Environment and Natural Resources has applied for a grant from the US EPA for a portion of the $200 million allocated by the American Recovery and Reinvestment Act of 2009 (ARRA) for cleanups of leaking underground storage tanks (LUST cleanups) nationwide. The Section’s grant application requests $7,554,000 that will be used to conduct assessment and cleanup activities at approximately 172 UST releases located throughout the state. Rules and guidelines governing the use of federal LUST funds apply to ARRA funds also, so all 172 releases chosen are those for which the parties responsible for the releases are unable or unwilling to conduct cleanups. The funds will allow the DENR to carry on the cleanup processes at these UST releases that pose risks to public health and the environment, and later seek to recover cleanup expenditures from the parties responsible for releases whenever required and appropriate. The US EPA expects to award the grant by 17 July 2009 with a grant period of 30 months (beginning on 1 April 2009 and ending on 30 September 2011. All ARRA funds are expected to be expended by 30 September 2009. However, eligible assessment and cleanup activities may continue past the two-year mark if funds remain available.
The NC UST program plans to use the funding to award contracts worth $6,763,343 to as many as four environmental cleanup companies and contracts worth $594,265 to as many as two laboratory service providers. The contracts will be advertised, bid, and awarded through the normal state contracting process. In addition, the UST program plans to use $196,392 to hire and support two hydrogeologists for a period of two years to oversee the assessment and cleanup activities of the cleanup companies, to assist in managing the contracts, to assist in reporting accomplishments, and to monitor the contracted cleanup companies and laboratories for compliance with all ARRA rules and guidelines. --
Information current as of 16 June 2009.
Here are some less-than-helpful oil tank links provided by the state of North Carolina
Ohio OH Oil Tank Information & Regulations: Heating oil tanks are subject to regulation by the Ohio Bureau of Underground Storage Tank Regulations and the Ohio Fire Code (Ohio Administrative Code (OAC) 1301:7-7 through 7-28). Tough to find online, here's their web page on USTs. Also see the Ohio EPA's advice on cleaning oil tank leaks and spills in Ohio.
Oregon OR Oil Tank Information & Regulations Oregon's Heating Oil Tank (HOT) Program is part of the Department's Land Quality Division. The HOT Program handles issues related to cleanup of leaks from heating oil tanks, contractors working on HOTs, and the voluntary decommissioning of heating oil tanks.
According to the Oregon Department of Environmental Quality " The current Heating Oil Tank (HOT) Program started on March 15, 2000. This program allows third party certification of cleanups and decommissioning's of heating oil tanks by DEQ licensed service providers. When a licensed contractor completes a cleanup or decommissioning, the company submits a certification to DEQ. DEQ will then issue a letter to the tank owner registering the contractor's certification. The combination of the contractor's certification and DEQ's registration is equivalent to the "No Further Action" letter that the DEQ used to issue.
The HOT Program handles issues related to cleanup of leaks from heating oil tanks, contractors working on HOTs, and the voluntary decommissioning of heating oil tanks."
The Heating Oil Tank Program information for owners or realtors is at
Heating Oil Tank Information for building owners and realtors
The HOT program information page for contractors and service providers is at
Heating Oil Tank Information for contractors and service providers
Pennsylvania Department of Environmental Protection Oil Tank Information & Regulations
Utah UT Oil Tank Information & Regulations Heating oil tanks in Utah do not need to be registered, nor is oil tank leak detection required. All contamination [leaks] should be reported however. The Division of Environmental Response and Remediation manages a leaking underground storage tank (LUST) program for Utah. DERR can be contacted at 801-536-4100. The Utah Department of Environmental Quality also has links to oil tank concerns.
Underground oil tank site checklist / oil tank site assessment checklist - When a release has not been confirmed and reported, this Site Check/Site Assessment Checklist must be completed and signed by a person certified by ICC or a Washington registered professional engineer who is competent, by means of examination, experience, or education, to perform site assessments. The results of the site check or site assessment must be included with this checklist. This form must be submitted to Ecology at the address shown below within 30 days after completion of the site check/site assessment.
West Virginia WV Oil Tank Information & Regulations beware that a web search will point to a US EPA PDF file which is not specific to West Virginia's regulation of underground oil tanks and tank abandonment.
Wyoming WY Oil Tank Information & Regulations via the Wyoming Department of Environmental Quality DEQ.
The Wyoming DEQ/WQD regulates above ground storage tanks (AST) only if they contain gasoline or diesel and they are used by a fuel dealer to directly fuel vehicles.
Wyoming DEQ/WQD STP does not regulate septic tanks, water storage tanks, hazardous substance AST's, heating oil tanks, bulk plants, oil refineries, interstate pipeline breakout tanks, temporary construction AST.
A Wyoming Storage Tank Program (STP) has the mission of Ensuring that owners/operators (o/o) have tanks that are designed, constructed and operated to protect public health, groundwater and the environment and
several related tasks such as conducting inspections. However heating oil tanks are excluded from this program in Wyoming.
"Spills" and emergencies (only) are reported to 307-777-7781
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Thanks to Jay Hodgens,P.E. , Hodgens Engineering Service, Newburgh, NY, james@hodgens.net, for assistance with links and references to regulations regarding underground storage tanks. Mr. Hodgens has been licensed as a professional engineer in eight states and has developed over 450 SPCC plans in compliance with reguilations in twelve states. Mr. Hodgens can be reached at 845-496-0494. His proposed amendments to US EPA 40 CFR part 112 can be read at http://www.hodgens.net/hes/10-07comments.pdf . 1/9/2009.
Oil Tank Abandonment Regulations and Procedures for the abandonment of oil storage tanks, from which
some of the above text was paraphrased, are discussed in detail at TANK ABANDONMENT -
"Abandoning Commercial vs. Residential Underground Oil Storage Tanks (UST) - Procedures & Regulations
Thanks to Denise Adjutant, DOIT Web Support Division 271-8173, for New Hampshire oil tank regulations link update 6/22/09 Denise.Adjutant@doit.nh.gov
Canadian oil tank regulations sources include the individual provincial government websites and the Canadian Technical Standards and Safety Authority,
14th Floor, Centre Tower,
3300 Bloor Street West,
Toronto, Ontario
M8X 2X4 - http://www.tssa.org/ Contact the Canadian TSSA toll free at 1-877-682-TSSA (8772) or 416-734-3300 for the Toronto area. The Technical Standards and Safety Authority (TSSA) is an independent, not-for-profit organization responsible for the delivery of a range of safety services. This includes the administration of Ontario’s Technical Standards & Safety Act, 2000 within various industry sectors and the delivery of safety programs to the public.
Books & Articles on Building & Environmental Inspection, Testing, Diagnosis, & Repair
Our recommended books about building design, inspection, and repair, and about indoor environment testing, diagnosis, and cleanup are at the InspectAPedia Bookstore.
Oil Tanks - The Oil Storage Tank Information Website: Buried or Above Ground Oil Tank Inspection, Testing, Cleanup, Abandonment of Oil Tanks
Abandon a Buried Oil Tank, How To - Abandoning Commercial Underground Tanks, Russ Brauksieck, ASHI Tech. Journal, Vol.3 No.1 Spring 1993, P. 40-41 [Reprint]
Petroleum Bulk Storage J. Sibblies, NY State DEC, Advice to Home Owners and Home Inspectors about Oil Storage Tanks - summary from ASHI Chapter Seminar.
Septic Tank inspection, testing, diagnosis, repair
OIL TANK FAILURE CAUSES - Oil Tank Failure Causes - oil tank leaks are caused by corrosion, damage, soil conditions, other factors
TANK FAILURE RATES - Oil Tank Failure Rates - Oil Tank Leak Probability as a Function of Tank Age, Location, Condition, Soil Conditions and Other Factors
OIL TANK TESTING - - How Oil Tanks are Tested for Evidence Leaks, of Current or Previous Oil Spills
Web Link Exchange: Contact Us to list your website or contact information for oil tank testing, tank corrosion research, oil industry experts
More Information on Building Diagnostic Inspections and Repairs
Thanks to: Michael Del Greco, President of Accurate Inspections, Inc., West Paterson NJ 973-812-5100 Accurate@aol.com - for providing this information.
...
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