Minnesota Underground Storage Tank Program Approval

Summary

Pursuant to the Solid Waste Disposal Act of 1965, as amended (commonly known as the Resource Conservation and Recovery Act (RCRA)), the Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the State of Minnesota's Underground Storage Tank (UST) program submitted by the Minnesota Pollution Control Agency. This action also codifies EPA's approval of Minnesota's state program and incorporates by reference those provisions of Minnesota's statutes and regulations that EPA has determined meet the requirements for approval. The provisions will be subject to EPA's inspection and enforcement authorities under RCRA Subtitle I and other applicable statutory and regulatory provisions.

Compliance Requirements

1. #1

   Minnesota UST program must operate in lieu of the Federal program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.; Minnesota must revise its approved program to adopt new changes to the Federal Subtitle I program which make it more stringent; UST systems must comply with Minnesota Rules Chapter 7150 requirements for new UST systems and notification; Existing UST systems must be upgraded according to Minnesota requirements; UST systems must comply with general operating requirements; UST systems must implement release detection requirements; UST releases must be reported, investigated, and confirmed according to state requirements; UST release response and corrective action must be implemented; Out-of-service UST systems must be properly closed according to state requirements; USTs containing petroleum must maintain financial responsibility; UST operators must complete required training; Public comments on this rule must be submitted by [INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]

Market Impacts

• Minnesota's UST program revisions become federally enforceable, requiring compliance with more stringent state-specific requirements including annual corrosion protection testing (vs. federal 3-year requirement), agency-approved tester requirements, pre-notification requirements, and specific equipment design standards; Creation of new market opportunities for 'agency-approved testers' as required by Minnesota Rules 7150.0030 subp. 2a and 6, which are not part of the federal program. Increased demand for certified corrosion protection testers and specialized UST equipment meeting Minnesota-specific design requirements; Market access barrier created for out-of-state UST service providers and equipment manufacturers due to Minnesota-specific requirements including mandatory use of agency-approved testers, specific equipment design standards (double-poppet design requirements), and additional certification requirements not found in federal program; Minnesota Statutes § 116.48 subd. 6-8 impose notice requirements prior to transfer of property known to contain underground storage tanks and prior to installation or removal of USTs, which are not required by federal rules; Minnesota Rules 7150.0340 subp. 2(C) restricts leak-detection system alerts to only shutting off flow, where federal program allows alert by restricting flow, shutting off flow, or triggering audible/visual alarms

Estimated Monetary Impact

Basis: The regulation explicitly states 'This action does not impose additional requirements on the regulated community because the regulations being approved by this rule are already effective in Minnesota and they are not changed by this action.' No monetary amounts, cost estimates, or penalty figures are provided in the document. This is purely an approval action for existing state regulations that are already in effect, with no new financial impacts described.Confidence: 20%

Validated Company Impacts