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Who Will Be Paying the Compliance Costs?
The EPA estimates $160 million in annual compliance costs for the final UST regulation. Motor fuel retailers, which account for roughly 80 percent of UST systems, are expected to bear approximately 70 percent of the total costs. Previously deferred tanks—emergency generator tanks, airport hydrant fuels distribution systems, and UST systems with field-constructed tanks—will absorb the bulk of the remaining annual costs.
The EPA breaks down the annual compliance costs as follows:
| Category | Annual Compliance Costs (in $ millions) |
| Conventional UST Systems (those not previously deferred) | $130 |
| Emergency Generator Tanks | $2 |
| Airport Hydrant Fuels Distribution Systems | $10 |
| UST Systems with Field-Constructed Tanks | $11 |
| Cost to Owners/Operators to Read the Regulation | $5.5 |
| State Government Administrative Costs | $0.12 |
| Total Annual Compliance Costs* | $160 |
*Total doesn’t add up due to rounding
Operator Training
The Energy Policy Act of 2005 required operator training in states that receive money from the EPA. The Act provided guidelines for the training. The new amendments are meant to ensure that all UST operators nationwide, including those in Indian country and in states that have not adopted operator training requirements, are trained to prevent releases. According to the EPA, states that have already implemented operator training programs that meet the guidelines will not have to change their programs.
Time frame: The operator training requirements must be implemented within 3 years.
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ABCs of Operator Training
The EPA defines three classes of UST operators and tailors the training requirements accordingly.
Class A operator. These are the individuals who have primary responsibility to operate and maintain the UST system in accordance with applicable requirements established by the implementing agency (must be at least as strict as the federal requirements). Class A operators typically manage resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements.
Class B operator. These operators have day-to-day responsibility for implementing the UST regulatory requirements. Class B operators typically implement in-field aspects of operation, maintenance, and associated recordkeeping for the UST system.
Class C operator. These UST operators are responsible for initially addressing emergencies presented by a spill or release from a UST system. Class C operators typically control or monitor the dispensing or sale of regulated substances.
Under the UST amendments:
- UST owners/operators must designate at least one individual for A and B operator classes and everyone who meets the Class C definition. Operators must be trained on minimum defined areas and may need to be retained if the UST system is not in compliance.
- Owners/operators must maintain a list of designated operators currently trained at each facility and proof of training and retraining. This documentation may be kept off-site.
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What About My State?
Currently, 38 SPA states plus the District of Columbia and Puerto Rico have SPA and have 3 years to reapply in order to retain their SPA status. UST owners and operators in these states must continue to follow their state requirements until the state changes its requirements or until the state’s SPA status changes.
Owners and operators in 15 non-SPA states and territories must meet the federal requirements according to the schedule in the 2015 UST regulation. In addition, owners and operators will need to follow their state requirements.
Indian country UST owners and operators must meet the federal requirements according to the schedule in the 2015 UST regulation.