Leaking Underground Storage Tanks: Program Status and Issues Page: 4 of 6
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CRS-4
However, the Government Accountability Office (GAO) reported that, because of poor
training of tank owners, operators, and other personnel, about 200,000 (29%) USTs were
not being operated or maintained properly, thus increasing the risk of leaks and ground
water contamination. GAO also reported that only 19 states physically inspected all their
tanks every three years (the minimum EPA considers necessary for effective tank
monitoring), and that, consequently, EPA and states lacked the information needed to
evaluate the effectiveness of the tank program and take appropriate enforcement actions.2
In 2000, EPA began several initiatives to improve the effectiveness of the tank
program. Under an initiative to improve compliance, EPA issued a new definition of
compliance ("significant operational compliance") to place greater emphasis on the proper
operation and maintenance of tank equipment and systems. Using this definition, EPA
estimated that, by the end of FY2004, 23% of UST facilities were not in compliance with
the 1998 release prevention requirements, 28% were not in compliance with the leak
detection requirements, and 36% had not complied with the combined requirements.
EPA also has been evaluating the performance of tank regulations to determine
where improvements are needed. A key concern is that, although new and upgraded tanks
are much more protective than earlier tanks, some leaks are being discovered from new
and upgraded tank systems. A substantial portion of these leaks may be due to
operational problems. However, studies are underway to evaluate performance of different
types of tanks to determine the causes of leaks, the effectiveness of leak detection
systems, and actions that might be needed to better prevent and detect leaks.
Methyl Tertiary Butyl Ether (MTBE)
In the late 1990s, as states and EPA were making good progress in addressing tank
leaks, another problem emerged. The gasoline additive MTBE was being detected at
thousands of LUST sites and in numerous drinking water supplies, usually at low levels.
Once released, MTBE moves through soil and into water more rapidly than other gasoline
components, and it is more difficult and costly to remediate than conventional gasoline.
Because of its mobility, MTBE is more likely to reach drinking water sources than
conventional gas leaks. Although MTBE is thought to be less toxic than other gasoline
components (such as benzene), even small amounts can render water undrinkable because
of its strong taste and odor.
At least 42 states now require testing for MTBE in ground water at LUST sites. In
a 2000 survey, 31 states reported that MTBE was found in ground water at 40% or more
of LUST sites in their states; 24 states reported MTBE at 60% to 100% of sites. A 2003
update of this survey found that many sites have not been tested for MTBE, and most
states do not plan to reopen previously closed LUST sites to look for MTBE.3 A concern
for water suppliers is that fewer than half the states are taking steps to ensure that MTBE
is not migrating beyond the standard monitoring boundaries for LUST cleanup. Federal
regulators anticipate that, as tank owners and operators comply more completely with
2 U.S. GAO, Environmental Protection: Improved Inspections and Enforcement Would Better
Ensure the Safety of Underground Storage Tanks, GAO-01-464, May 2001, p. 2-6.
3 The New England Interstate Water Pollution Control Commission's 2000 Survey of State
Experiences with MTBE Contamination at LUST Sites, and the 2003 Survey of Oxygenates at
LUST Sites are available at [http://www.neiwpcc.org/Index.htm?MTBE.htm-mainFrame].
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Leaking Underground Storage Tanks: Program Status and Issues, report, May 13, 2005; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc808876/m1/4/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.