Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

In the United States, Florida has some of the toughest state laws governing the ownership and maintenance of underground storage tanks. In just a few months, the Florida Department of Environmental Protection will enforce its Dec. 31, 2009 deadline for all single-wall USTs and piping to be replaced with modern, double-wall tanks and pipes. Then, on Jan. 21, 2010, the agency’s deadline for replacing above-ground tanks without underlying spill containment systems arrives.

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The Environmental Protection Agency announced a settlement it reached with Handee Marts, Inc., doing business as 7-Eleven, over alleged violations of federal underground storage tank regulations. The two stores held in violation of EPA standards are located in Pittsburgh and Cranberry, Pennsylvania. The parent company, Handee Marts, is based in Gibsonia, Penn.

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In a 3-1 vote, California’s State Water Resources Control Board approved legislation that will require motor fuels containing more than 20 percent biodiesel to be stored in above ground tanks. It seems strange that regular petroleum diesel can be stored in underground tanks while “green” fuel must be stored above ground for fear of leakage and possible environmental contamination. But California has a law mandating that underground storage tanks be independently certified as leak proof before they can be used to store  new types of fuel, such as high-grade biodiesels. That testing and certification process can take as long as three years.

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The state of California is suing Ohio-based TravelCenters of America, LLC, the owner and operator of several truck stops throughout the state, claiming the company will not comply with California’s underground storage tank regulations.

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In the past few weeks we have looked at how underground storage tanks, particularly older tanks belonging to gas stations, can and often do compromise the health of the surrounding environment and everything in it, including humans. The Environmental Protection Agency has logged more than 620,000 active storage tanks throughout the United States. Of those tanks, some 480,000 tanks have or have had “confirmed releases.” The problem is so extensive that the EPA established the Office of Underground Storage Tanks to confront it. Since its founding 25 years ago, the EPA’s UST office has removed 1.7 million substandard tanks and completed 377,019 cleanups. Thousands of tanks continue to leak.

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Many Florida gas station owners are worrying about the future of their businesses because of a state law that will go into effect on December 31, 2009. On that day, the law will require all gas station owners with single-wall underground fuel tanks and pipes to upgrade to double-wall tanks or stop selling gas. Industry insiders expect that of the state’s 9,200 gas stations, 800 to 1,500 stores will have to close. 3,156 gas stations and other facilities with underground storage tanks (USTs) in Florida require the upgrade.

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Leaking underground fuel tanks threaten to contaminate drinking water, lakes, streams and homes across Iowa as environmental officials change rules to speed up detection and cleanup.

There are about 6,200 leaking underground storage tanks in the state — and more than 1,500 are considered ongoing contamination risks. Some of the leaking tanks have been problems for more than 15 years. Almost 820 are labeled high-risk.

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