EPA Regs for Temporary & Permanent Underground Storage Tank Closures

Closing an underground storage tank (UST), whether temporarily or permanently, is not simply a matter of taking the tank out of service and walking away. The U.S. Environmental Protection Agency (EPA) has established clear requirements in 40 CFR Part 280, Subpart G, governing how owners and operators must handle out-of-service UST systems, including both temporary closures and permanent closures or changes in service. Compliance with these rules is critical to avoid enforcement actions, costly cleanup obligations, and environmental liabilities.

Below, we’ll explain what the regulations require, why those steps matter, and how they work in practice for property owners and commercial operators. For help closing or removing an underground storage tank in New Jersey or Florida, call the experts at Herbert Lutz & Company (New Jersey) or Lutz Petroleum Equipment Installation (Florida) for assistance.

The Regulatory Framework

The EPA’s UST regulations are published in Title 40 of the Code of Federal Regulations (CFR) Part 280. Subpart G, titled “Out-of-Service UST Systems and Closure,” specifically addresses requirements when a UST system is temporarily taken out of service, permanently closed, or converted to a non-regulated use. These requirements apply to USTs subject to federal UST regulatory standards, typically tanks storing petroleum or certain hazardous substances and installed after December 22, 1988.

Temporary Closure: What the Rules Require

A temporary closure occurs when an owner or operator takes a UST system out of service but does not immediately plan to permanently close or remove it. Temporary closures may be part of planned renovations, pending decisions about future use, or short-term operational changes.

Under 40 CFR § 280.70, the EPA sets forth the following requirements for temporary closure:

• Continue corrosion protection and release detection. Even during temporary closure, the system must maintain corrosion protection (e.g., cathodic protection systems) and any required release detection in accordance with applicable parts of the regulations.

• When the tank is empty, defined as no more than one inch of residue or 0.3 % of total capacity remaining, release detection may be paused.

• If out of service for three months or more, additional measures must be implemented: vents must remain open, and other equipment such as pumps, manways, and ancillary piping must be capped and secured.

• After 12 months, the system must either be brought back into service under current performance and upgrade standards or be permanently closed unless the implementing agency grants an extension. Owners/operators must complete a site assessment before requesting an extension.

The temporary closure rules are designed to reduce the risks associated with tanks sitting idle, including corrosion, undetected leaks, and other environmental hazards.

Permanent Closure and Changes in Service

If a UST system is to be permanently closed or its use is changed (for example, converted for non-regulated substances), EPA regulations under 40 CFR § 280.71–280.74 apply. These rules establish a clear process and ensure proper evaluation of any environmental impacts.

Notification Before Closure

Owners and operators must notify the implementing agency (e.g., state environmental agency or delegated program) at least 30 days before beginning permanent closure or a change in service, unless the closure is being done in response to corrective actions already underway.

Emptying and Cleaning

Before permanent closure, the tank must be emptied and cleaned by removing all liquids and accumulated sludge. This ensures accurate assessment of contamination and safe handling of residual materials.

Removal or Inerting

Once emptied and cleaned, all permanently closed tanks must be either:

• Removed from the ground, OR

• Filled with inert solid material (e.g., sand or grout) to eliminate any potential voids that could collapse or allow contamination pathways.

Site Assessment Before Completion

Before completing a permanent closure or change in service, owners/operators must conduct a site assessment to determine if there has been a release where contamination is most likely (e.g., beneath the tank pit or near piping). The choice of sampling locations and methods must consider the type of substance stored, backfill conditions, groundwater depth, and other site characteristics.

If soil or groundwater contamination is detected, the owner/operator must initiate corrective action under Subpart F — covering release response and corrective action — as part of the closure process.

Previously Closed Tanks (Prior to Federal Rules)

Tanks that were permanently closed before December 22, 1988, may not have been subject to these requirements at the time. However, if such a system is later determined by the implementing agency to pose a current or future threat to health and the environment, the owner/operator can be required to assess and close the system in accordance with Subpart G rules.

Records Retention

Owners and operators must keep closure documentation, including site assessment results and other records demonstrating compliance, for at least three years after permanent closure or change in service.

Why These Rules Matter

EPA’s closure requirements are grounded in the principle that USTs represent a long-term environmental risk if not managed correctly. Tanks that are improperly closed or left idle can corrode, leak, or obscure contamination issues until a more serious problem emerges years later. Adhering to the closure standards protects soil and groundwater resources and reduces the likelihood of costly remediation or enforcement action.

From a legal perspective, failure to follow these regulations can result in state and federal penalties, cleanup obligations, and civil liabilities. With states often implementing equivalent or more stringent standards, compliance with federal rules serves as an essential baseline.

Practical Guidance for UST Owners and Operators in New Jersey and Florida

To comply with EPA closure requirements for USTs:

• Do not simply “shut off” a tank and walk away. Follow the exact regulatory sequence for temporary or permanent closure.

• Coordinate with your implementing agency early in the process, because many states require notification and approval steps.

• Document thoroughly, including site assessments, sampling results, and closure activities.

• Engage qualified environmental professionals to perform assessments, sampling, and closure work in accordance with 40 CFR Part 280 and applicable state law.

Call Lutz Tanks for Expert Assistance

At Herbert Lutz & Company, we specialize in UST detection, removal, and remediation. Our team has years of experience working in New Jersey and Florida, and we understand how to handle complex technical and regulatory environments. Whether you’re unsure if a tank is present, need a scan, or want full closure and remediation, we can guide the process from start to finish. Contact us today to discuss your needs and find out how we can help.

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