                                       
                                       
                                       
                              PROGRAM DESCRIPTION

A. Program Description

1. Type of Approval Requested

The State of Connecticut is requesting final approval for a complete UST Program regulating both petroleum and hazardous substance UST systems.

2.  Does the State have any existing agreements with Indian tribes? If so, attach agreements and briefly describe.

The State of Connecticut does not have any existing agreements with Indian tribes to regulate UST systems. 

B. Program Scope

The State of Connecticut has developed an Underground Storage Tank ("UST") Program to regulate petroleum and hazardous substance UST systems. Such UST systems are regulated under Sections 22a-449(d)-101 through 22a-449(d)-l13 of the Regulations of Connecticut State Agencies ("RCSA"). See e-regulation portal for full text of Connecticut's regulations, including the Final Approved Regulation incorporating the 2015 federal requirements. The Connecticut Attorney General's Office has certified that the Connecticut program covers the same scope of jurisdiction as the federal program and does not exclude any part of the UST universe regulated under 40 CFR Part 280. Connecticut has held State Program Approval ("SPA") from the U.S. Environmental Protection Agency ("U.S. EPA") since 1994. Most of the substantive federal requirements contained in the 2015 revisions were previously adopted in Connecticut on August 8, 2012. 

 While the Connecticut Department of Energy and Environment Protection ("DEEP") had already made a number of changes in response to the Energy Policy Act ("EPAct"), as a result of USEPA's July 2015 rulemaking, additional changes were needed to ensure that DEEP's UST Program is no less stringent than the federal program. In addition to editorial revisions, an outline of the December 1, 2021 revisions that address EPAct requirements include:

 --------------------------------------------------------------------------------
Eliminating an outdated reference to USTs subject to RCSA section 22a-449 (d)-1.
 --------------------------------------------------------------------------------
Clarifying that the partial exemption from full regulation for certain USTs includes an exemption from section 108 of the UST Regulations. 
 --------------------------------------------------------------------------------
Updating references to the federal regulations for certain USTs that are not regulated under the UST Program but are subject to licensure by the Nuclear Regulatory Commission.
 --------------------------------------------------------------------------------
Removing the partial exemption for USTs storing fuel for use by emergency power generators.  Also, removing the partial exemption for airport fuel hydrant systems and field constructed USTs and prohibit the use of such USTs.
 --------------------------------------------------------------------------------
Prohibiting use of a flow restrictor in vent lines as a means to restrict flow into a UST to prevent over-filling.
 --------------------------------------------------------------------------------
Transitioning from testing every five (5) years to every three (3) years, the testing of double-walled USTs to ensure that there is no release for loss of liquids from such tanks, and ensuring that the testing of all USTs is required, not just those USTs installed after August 8, 2012.
 --------------------------------------------------------------------------------
Requiring that spill prevention equipment satisfy certain requirements, ensuring that such equipment is tested at least once every three (3) years and ensuring that records of compliance with these requirements is maintained.
 --------------------------------------------------------------------------------
Requiring a demonstration of compatibility for USTs storing greater than ten (10) percent ethanol or greater than twenty (20) percent biodiesel.
 --------------------------------------------------------------------------------
Requiring testing of repaired spill prevention and overfill prevention equipment. 
 --------------------------------------------------------------------------------
Moving a provision regarding the repair of under-dispenser-containment sumps and piping containment sumps from the performance standard section (RCSA section 22a-449(d)-102(a)(15)) to the section regarding the repair of USTs (RCSA section 22a-449(d)-103(d)).  
   2. 	The State program is broader in scope than the federal program as it:
         
 Regulates federally exempt, on premise use heating oil UST systems in accordance with RCSA section 22a-449(d)-1.
         
 Establishes a life expectancy requirement for UST systems including piping with some exceptions for permanent closure by a date certain in the absence of any known or suspected release. 
         
 Provides authority to prohibit deliveries ("red tagging") of any federally regulated UST system as well as any non-federally regulated heating fuel UST systems used for onsite consumptive use.

   3. 	The State program is more stringent than the federal program as it:
         
 Prohibits all airport hydrant and field constructed UST systems in Connecticut. Existing systems must permanently close in accordance with RCSA section 22a-449(d)-107. 
         
 Requires maintaining records of sampling, testing and monitoring at the site for the operational life of the UST system plus 5 years. 
         
 Specific to hydrostatic testing, requires that such tests shall completely fill Under Dispenser Containment ("UDC") and Submersible Turbine Pump ("STP") sumps (instead of allowing underfilling methodologies). 

 Requires owners/operators of UST systems to notify annually and pay fees.

 Requires annual cathodic protection testing. 

 Requires all UST systems be double walled with interstitial monitoring as of October 1, 2003.

 Requires secondary containment for piping containment sumps and UDC sumps if more than 50% of the piping or dispensers are replaced.

 Requires A/B/C Operator refresher training every (2) two years. 

 Prohibits repurposing of UST systems (must be removed from ground or filled with inert material to be considered "permanently closed").  

 For permanent closure, requires clean up to Connecticut's Remediation Standard Regulations.

 Requires the reporting of releases immediately, in accordance with CGS 22a-450 (instead of within 24 hrs). 
         

UST Program Statistics

As of November 3, 2021, the total DEEP-regulated UST population includes the following facilities and systems:
Total regulated UST facilities (active)
                                                                          1,952
Total regulated UST systems (closed)
                                                                         30,487
Total regulated UST systems (active)
                                                                          4,637
Total hazardous substance UST systems (active)
                                                                             15
Total temporarily out-of-use UST systems (active)
                                                                            285

C. Organization and Structure of State Program
 
DEEP is the lead agency for facilitating communications between the U.S. EPA and the State of Connecticut. DEEP is the only state agency that implements the UST Program.  DEEP is charged with conserving, improving and protecting the natural resources and the environment of the state of Connecticut as well as making cheaper, cleaner and more reliable energy available for the people and businesses of the state.  DEEP is also committed to playing a positive role in rebuilding Connecticut's economy and creating jobs  -  and to fostering a sustainable and prosperous economic future for the state.

DEEP was established on July 1, 2011 with the consolidation of the Department of Environmental Protection, the Department of Public Utility Control, and energy policy staff from other areas of state government.  The environmental protection agency had been established in 1971 at the dawn of the environmental movement, while the public utilities regulatory authority traces its roots back more than 150 years to the state's Railroad Commission.

DEEP is organized into three main branches and the Office of the Commissioner:
 The Energy Branch includes the Public Utilities Regulatory Authority  -  formerly the Department of Public Utility Control  -  which reviews rates for electricity, water, cable television and other utilities as well as a Bureau of Energy and Technology Policy, which develops forward-looking energy efficiency, infrastructure and alternative power programs.
      
 The Environmental Quality Branch is comprised of the Bureaus of Air Management, Materials Management and Compliance Assurance ("MMCA"), including Connecticut's UST Program in the Emergency Response and Spill Prevention Division ("ERSPD"), and Water Protection and Land Reuse. These bureaus protect the air, land and water resources of the state by regulating air emissions, wastewater discharges and solid and hazardous wastes. Tools used include the development of regulations, policies and standards; permitting and enforcement; air and water quality monitoring; and public outreach and education.
      
 The Environmental Conservation Branch consists of two bureaus. The Bureau of Natural Resources is charged with managing the state's natural resources (particularly fish, wildlife, and forests) through a program of regulation, management, research, and public education. The Bureau of Outdoor Recreation is charged with the conservation and management of statewide recreation lands and resources through the acquisition of open space and the management of resources, including state parks, to meet the outdoor recreation needs of the public. 
      
 The Office of the Commissioner, including the Offices of Adjudications, Diversity & Equity, Legal Counsel and Chief of Staff (which includes Communications, Climate Change, Environmental Justice, Planning and Program Development and Governmental Affairs), provides administrative management, staff assistance, and ancillary service to aid the Commissioner and Bureau Chiefs in their efforts to carry out the mission of the agency. In addition, the Bureau of Central Services provides a wide array of services including, Information Management, Engineering and Field Support, Financial Management, Human Resource Management and Purchasing.

The overarching goals of the agency are to: 
 Integrate energy and environmental policies and programs in a more systematic, proactive and coherent manner to provide a better structure for decision-making and to build a sustainable and prosperous economic future.
 Bring down the cost of electricity to make Connecticut more competitive, promote energy efficiency, and encourage the development and use of clean energy technologies.
 Unleash a renewed spirit of innovation for pollution control, conservation of natural resources, and management of Connecticut's parks and forests.

DEEP's Organizational Chart, including Connecticut's UST Program resources, is identified under ESRPD's Prevention, Enforcement and Corrective Action.
  
Connecticut's UST Program managed by DEEP's Licensing & Enforcement Unit ("LEU") is responsible for the following tasks:
 Creating and amending regulations
 Developing policies
 Managing certain EPA assistance grants
 Issuing and tracking enforcement actions
 Spot-checking (supervisor) and conducting field inspections (field staff) 
 Managing certain UST databases
 Maintaining enforcement records
 Responding to inquiries from the regulated community and the public
 Performing follow-up for field inspections
 Approving third-party operator training courses
 Responding to public complaints
 Recording performance measures

DEEP also has as in-house attorneys assigned to assist with regulation development and complex enforcement matters, in addition to Assistant Attorney Generals from the Connecticut Attorney General's Office. DEEP's in-house attorneys and the Attorney General's Office provides legal advice to the Connecticut's UST Program and can represent DEEP in administration actions.  The Attorney General's Office can pursue civil enforcement in state and federal court when cases are referred for legal action, while criminal matters can be referred to the Office of the State's Attorney.

D.  Release Response, Reporting and Corrective Action

DEEP's Corrective Action Unit ("CAU") includes the LUST Trust Program and as such the CAU includes the oversight of investigations of confirmed releases and remediation associated with Leaking USTs ("LUSTs"). Currently, the CAU staff are overseeing the investigations and corrective actions of approximately 87 new petroleum releases reported annually from federally regulated UST systems.  In addition, the Site Assessment and Technical Support Unit ("SATSU") is using Federal resources to resolve problems on LUST sites that have no Responsible Party ("RP") or have an RP with limited, if any, resources.  SATSU staff use state of the art technology such as drones and mobile laboratory capabilities as well as multiple geoprobes to conduct investigations at LUST sites.  DEEP CAU has been able to close 76 LUST cases in 2021-Full Year.  DEEP enforces the release reporting and corrective action requirements of the UST regulations and seeks cost recovery where required.  
   
Connecticut's process of release reporting and corrective action follows and enforces the RCSA section 22a-449(d)-106 requirements that are consistent with 40 CFR Part 280 Subparts E and F.  
DEEP's CAU is responsible for the following actions:
 Developing policies
 Managing the LUST Trust Grant
 Managing the LUST databases
 Setting the general direction of the LUST program
 Performing follow-up on reported confirmed releases
 Closing LUST sites by confirming compliance with applicable requirements
 Providing owners and operators with direction on LUST site issues
 Referring enforcement actions to DEEP's LEU
 Overseeing, managing, and reviewing LUST site information
 Overseeing and approving LUST corrective action plans
 Overseeing and approving site cleanups based on corrective action plans
 Overseeing tank closures
 Overseeing site cleanups
 Recording performance measures
 Reviewing UST closure reports
 Reviewing technical reports provided under enforcement action 
 
The following are typical steps that occur during release reporting and corrective action circumstances in accordance with RCSA section 22a-449(d)-106 and CGS section 22a-450:
 All confirmed releases must be reported by the owner or operator to DEEP immediately.
 If the release is significant or presents an imminent threat, DEEP Emergency Response Unit (ERU) will respond and ensure that hazard mitigation occurs in a timely and safe manner.  If the owner/operator does not take immediate steps ERU will do so and seek cost recovery.
 If the release is confirmed, the UST owner or operator must perform the initial response actions within 24 hours of confirmation.  Such actions prevent further releases and mitigate fire hazards.
 The owner or operator may need to submit to DEEP a report summarizing the initial response steps.
 A site characterization report needs to be submitted within 45 days of release confirmation.  This would include a free product removal report, if needed.
 The owner or operator must submit a corrective action plan for DEEP's approval that responds to the contaminated soils, surface water, and/or ground water.
 CAU staff may submit a referral package to DEEP's LEU for evaluation, preparation and submittal of a formal enforcement action to the responsible party. 
 The formal enforcement action will be taken in accordance with DEEP's Enforcement Response Policy.
 CAU staff, with support from LEU, approves the activities related to investigation and remediation required under the enforcement action.
 If a corrective action plan is prepared, DEEP may need to provide notice to the affected public and receive comments and address them before the corrective action plan can be approved.
 Within 10 days of a confirmed release, the owner or operator must submit a report to DEEP identifying the release source and cause. 
 
DEEP's CAU, LEU and ERU staff work together on responding to and addressing releases from USTs.  If an UST inspector suspects a release during an inspection, the inspector will work with the owner or operator to confirm or deny the suspected release.  If the release is confirmed, the UST inspector will require the owner/operator to report the release in accordance with CGS Section 22a-450, issue any appropriate field enforcement such as a red tag, and turn the case over to the LEU enforcement staff.

E.  UST Permanent Closure

When closing an UST, owners or operators are required to notify DEEP 30 days prior to closure.  They do this on DEEP's Notification of Scheduled Permanent Closure of USTs Form and submitting it to DEEP.30DayUST@ct.gov.  The form stipulates that if the closure date changes, DEEP must be notified. UST closures are attended by DEEP staff on a prioritized basis taking into account risk to human health and the environment. DEEP may direct the environmental contractor in finding the best locations to sample and in taking the appropriate number of samples. In addition to DEEP personnel, closures are also usually attended by the local fire department.
  
Although closing USTs in place is an acceptable method of closure under Connecticut law, DEEP discourages such actions unless the removal of the UST will compromise a structure. Once permanent closure occurs, owners and operators have 30 days to complete their closure report and update EZ-File including closure sampling data. Owners and operators need to follow DEEP's Sampling and Analytical Methods for UST Closure Guidance.  If the sampling data yields no exceedances of Connecticut's Remediation Standard Regulations ("RSRs"), no additional actions would be necessary. Any exceedance of the RSRs would require owners and operators to perform remediation in connection with the UST closure. If contaminants are discovered in unacceptable amounts, the UST site becomes a LUST site. 

Replacing USTs
All new USTs must meet leak detection requirements, and effective October 1, 2003, all new USTs for commercial use (or for residential heating oil supplying four or more residential units) must be double-walled with double-walled piping. All new double-walled UST systems must have a continuous 360° interstitial space, which is continuously monitored using inert gas or liquid, vacuum monitoring, electronic monitoring or mechanical monitoring.

F.  Financial Responsibility ("FR")

All UST owners or operators in Connecticut subject to RCSA 22a-449(d)-101 et seq., are required to comply with the FR requirements in accordance with RCSA section 22a-449(d)-109.  These program requirements concern the financial ability of UST owners or operators to respond in the event of a release from their USTs.  Previously, UST owners or operators could demonstrate compliance with these requirements through Connecticut's UST Petroleum Clean-Up Program, which has been phased out by act of the Connecticut General Assembly pursuant to CGS section 22a-449t(a)-(c).

UST owners or operators must satisfy their FR requirements through the various other mechanisms specified in the regulations including, insurance, letter of credit, surety bond, a guarantee, including a corporate guarantee, a trust fund or passing a financial test.  Municipalities have additional mechanisms available for compliance that are tailored to their special characteristics. 
UST owners and operators are reminded that:
 the mechanisms for complying with FR requirements must be noted on the Certification of Financial Responsibility Form, which is part of the EZ-File notification system; and
 the Certification of Financial Responsibility Form must be completed and maintained and made available for inspection by DEEP during UST Compliance Inspections (RCSA 22a-449(d)-109(r)(2) as evidence of FR).
 One mechanism for FR is insurance coverage. Owners and operators may refer to a List of Insurance Agents and Brokers which is a subset of the of the U.S. EPA's Publication, "List of Known Insurance Providers For UST Owners And Operators". This subset includes insurance agents and brokers indicating their area of coverage is the United States or their area of coverage includes Connecticut and those that have indicated to DEEP that they can provide coverage in Connecticut. This list published on DEEP's website is intended for information purposes only and does not represent an endorsement by DEEP.

The required amount of FR coverage for USTs in Connecticut is as follows:
 For petroleum producers, refiners or marketers operating 1 to 100 covered USTs, no more than $1 million in costs per occurrence and no more than $1 million annual aggregate;
 For petroleum producers, refiners or marketers operating 101 or more covered USTs, no more than $1 million in costs per occurrence and no more than $2 million annual aggregate; and
 For non-marketers of petroleum products who are owners or operators of USTs and who consume 10,000 gallons or less of petroleum products each month, no more than $500,000 per occurrence and no more than $1 million annual aggregate.

Demonstrating FR for the required amounts of coverage does not limit an owner or operator's liability for corrective action and third-party compensation.

G.  Resource Information

Currently, DEEP has up to 20 full-time employees working fully or partially on the UST Program from LEU, CAU and SATSU. The total UST/LUST annual budget is $1,181,503. The UST/LUST Programs have the following sources of funding:

1.	The Federal State and Tribal Assistance Grant ("STAG")
The Federal STAG provides funding for database maintenance, program management, UST inspections, state program approval, outreach, and general program oversight.  As of fiscal year 2021, this annual grant includes $45,000 in Federal funds (75%) and $15,000 in State funds (25%) for a total of $60,000. Administrative costs account for approximately $3,000 (5%) of the total grant amount. The grant funds 0.5 full-time equivalents ("FTEs").

2.	The Federal LUST Prevention Assistance Grant
The Federal LUST Prevention Grant provides funding for Underground Storage Tank Prevention, Detection and Compliance Program implementation, database maintenance, program management, and UST inspections.  As of fiscal year 2021, this annual grant includes $330,170 in Federal funds (75%) and $110,057 in state funds (25%) for a total of $440,227. Administrative costs account for approximately $44,023 (10%) of the total grant amount. The grant funds 4.0 FTEs.

3.	The Federal LUST Trust Fund Grant
The two-year Federal LUST Trust Fund Grant provides funding for site investigations, enforcement and corrective action, emergency and complaint response, database maintenance, rulemaking, and public outreach.  As of fiscal year 2021, this two-year grant includes $1,226,296 in Federal funds (90%) and $136,256 in state funds (10%) for a total of $1,362,552 ($681,276 per yr.). Administrative costs account for approximately $136,255 (10%) of the total grant amount. The grant funds 5.0 FTEs.  

The state's level of effort is approximately 12 FTEs, which equals $1,900,000 from state appropriated general funds.

H.  Energy Policy Act of 2005

Congress, in the UST Compliance Act, amended certain sections of 42 USC § 6901 et seq. (see sections 1521 to 1533 of the Energy Policy Act of 2005) which changed certain requirements regarding inspections, operator training, delivery prohibition, secondary containment, financial responsibility and cleanup of certain releases. Connecticut's UST Program includes the following additional measures outlined below. Effective on December 1, 2021, Connecticut adopted new regulations that originate in changes enacted by U.S. EPA.

Release Prevention including Secondary Containment Requirements for all UST Systems [RCSA 22a-449(d)-102 & CGS section 22a-449(o)]

Consistent with the EPAct, Connecticut requires tanks and piping installed on or after October 1, 2003, to use interstitial monitoring within secondary containment on tanks and piping pursuant to CGS Sec. 22a-449o. The latest set of minor regulation revisions address spill prevention to ensure fuel dispensers must be equipped with new under-dispenser containment sumps and new piping containment sumps in accordance with section 9003(i)(1) of SWDA. The mandatory design requirements address compatibility, secondary containment, release detection, and monitoring representing improved integrity and release detection. Connecticut's statutes also require release detection for new UST installations and an annual notification for all USTs, except residential heating oil.

DEEP requires secondary containment as follows:
 New UST systems must include:
 liquid tight under-dispenser containment sumps with sensors, and
 liquid tight piping containment sumps with sensors.
 The requirements for new under-dispenser containment must be met when:
 replacing more than fifty (50) percent of the dispensers at a facility, the requirements for new under-dispenser containment sumps must be met for all dispensers at the facility or
 replacing a dispenser and more than fifty (50) percent of the flex-joint or flexible piping that is directly beneath the dispenser.
 Upon installation and prior to operating any newly installed double-walled UST system:
 testing must be performed which demonstrates that liquids which accumulate in any part of the UST system (including sumps) will not be released to the environment, and
 re-tests will be required every three (3) years thereafter, although this requirement does not apply to certain secondary containment systems that are hydrostatically or vacuum monitored continuously.
 Under-dispenser containment sumps and piping containment sumps that require repairs must be tested to demonstrate that the repaired sump meets the requirements of a new under-dispenser containment sump or new piping containment sump consistent with the EPAct.

 Connecticut prohibits the use of flow restrictors used in vent lines as a form of overfill prevention when overfill prevention is installed or replaced in accordance with RCSA section 22a-449(d)-102(a)(5). The options available under Connecticut's UST Program are high-level alarms and automatic shut off valves.

 Connecticut also prohibits the use of airport hydrant fuel systems and field-constructed tanks relevant to new UST system design, construction, installation and notification requirements in accordance with RCSA section 22a-449(d)-101(b).

Operator Training Requirements [RCSA section 22a-449(d)-108]

In compliance with the EPAct, DEEP requires Operator Training as follows:   
All existing facilities with in-use and/or temporarily closed USTs must:
 Designate Class A, Class B and Class C Operators who have been trained and are currently certified in accordance with an approved training course in the operation and maintenance of the UST systems and emergency response to any releases or suspected releases from UST systems;
 The Class A Operator has primary statutory and regulatory responsibility to operate and maintain the underground storage tank system.  The Class A Operator's responsibilities include managing resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements.
 The Class B Operator implements applicable underground storage tank regulatory requirements in the field.  This individual implements day-to-day aspects of operating, maintaining, and recordkeeping for underground storage tanks at one or more facilities.
 The Class C Operator is, generally, the first line of response to events indicating emergency conditions.  This individual is responsible for responding to alarms or other indications of emergencies caused by spills or releases from underground storage tank systems.  This individual notifies the Class B or Class A operator and appropriate emergency responders when necessary.  Not all employees of the facility are necessarily Class C operators.
 Post information regarding all Class C Operators assigned to the facility including the names of each designated Class C Operator, the name of the approved training for certification or the name of the Class A or Class B Operator who trained the Class C Operator and the training and certification dates and expiration along with the most recent date of training;
 Post written operator response guidelines including reporting procedures for releases and suspected releases, emergency contract numbers, malfunctioning equipment lock-out and notification procedures, and initial mitigation protocol for releases, suspected releases and emergencies; and
 Perform monthly system inspections conducted by or under the direction of a Class A or Class B Operator using DEEP's UST Monthly Visual Inspection Report. 

Compliance Inspections

The federal EPAct mandates that federally regulated UST Systems be inspected every 3 years.  In Connecticut, this represents more than 1,900 sites with approximately 4,600 tanks.    

The primary goal of the UST Inspection Process is to promote compliance with the UST Regulations and Statutes in order to protect human health and the environment from potential hazards associated with leaks, spills, and releases from underground storage tanks.  

A streamlined inspection procedure that includes the use of handheld computers to record findings was implemented by DEEP in 2009.

UST Owners/Operators Can Expect the following:
 Sites where UST systems are located will be inspected by DEEP once every 3 years;
 DEEP inspectors will arrive without notice and introduce themselves to the individual on-site;
 A number of compliance points, including operational paperwork and the physical system will be inspected;
 DEEP inspectors will record the findings on a tablet computer as the inspection is conducted;
 At the end of the inspection, the DEEP inspector will provide a report of the findings before leaving the facility;
 DEEP inspectors will request a signature solely for the purpose of documenting that the inspection report was received  -  it does not indicate concurrence with the findings or imply anything other than receipt of the report.

DEEP inspectors will use all UST requirements, including but not limited to, the following UST equipment, actions, and paperwork to assess compliance:
 Notifications
 Corrosion protection
 Overfill prevention in place and operational
 Spill prevention in place and operational
 Tank and piping release detection
 Reporting suspected releases
 Records of tank and piping repairs
 Secondary containment, where required
 Financial responsibility
 Temporary and permanent closure
 Life expectancy
      
Delivery Prohibition or "Red Tag" Program [CGS section 22a-449(g)]

Consistent with the EPAct, the Red Tag Program's authority comes from Section 22a-449(g) of Connecticut General Statues (CGS). Under this program, if DEEP field staff determine that one or more of the following violations exist at a UST system, DEEP may place a notice on or disable the system and require the tank contents to be pumped out until the violations are corrected: 
 Release from a UST; 
 Design, construction, installation and operation of UST system is not in accordance with the requirements of Section 22a-449o of the Connecticut General Statutes (CGS) or Sections 22a-449(d)-101 through 22a-449(d)-113 of the Regulations of CT State Agencies;
 Failure to have or operate proper leak detection, overfill or spill protection measures;
 The USTs are beyond life expectancy;
 Failure to comply with Operator Training requirements; or
 Failure to have Financial Responsibility.

Deliveries to a "red tagged" UST are prohibited.  Within two business days of red tagging a system, DEEP must provide the owner or operator of the system with an opportunity for a hearing.   A red tagged UST may not be put back into service until the violations have been corrected to the satisfaction of DEEP.  DEEP may allow the owner or operator to place the UST system back in operation if:
 within 24 hours after notifying DEEP, that the violations have been corrected, and DEEP has not removed the red tags; and
       they notify and submit an affidavit to DEEP indicating that all violations were corrected, and the steps that were taken to achieve compliance.

Release Reporting Requirements [RCSA section 22a-449(d)-106]  
Consistent with the EPAct, whenever a confirmed spill or release of petroleum or a regulated substance from an UST occurs, Connecticut requires owners and operators to perform initial response actions including reporting a release to DEEP immediately in accordance with CGS section 22a-450. Owners and operators are also required to take immediate action to prevent any further release of regulated substances into the environment, and identify and mitigate fire, explosion and vapor hazards in accordance with RCSA section 22a-449(d)-106. 

Sources may include, but are not limited to, the following:
 An underground storage tank
 Piping
 Submersible turbine pump area
 Delivery problems
Causes may include, but are not limited to, the following:
 Spills
 Overfills
 Physical or mechanical damage
 Corrosion
 Installation problems
UST Program Outreach/ Education

DEEP uses three main tools for receiving information, concerns and/or complaints about the UST Program in general, and specific UST and LUST facilities.  These tools include written correspondences or referrals, phone calls, e-mails, including anonymous complaints and the UST Program website. To facilitate phone calls, DEEP manages a UST helpline (860-424-3374) with an Engineer of the Day ("EOD") staff person available from 8:00a to 4:30p EST each day to receive calls. To facilitate electronic communications, the Department established a DEEP.USTEnforcement@ct.gov e-mail address that is also monitored by the EOD staff assigned for the day. In addition, LUST related inquiries are directed to the LUST helpline (860) 424-3376 with an EOD staff person available from 8:00a to 4:30p EST each day to receive calls.  To facilitate electronic communications, the Department established DEEP.LeakingUST@ct.gov to receive e-mails that is also monitored by staff daily.

These communications resources are managed centrally in DEEP's LEU and CAU respectively.  Inquiries of a general program nature are typically responded to by DEEP staff within 24 hours of receipt. Inquiries that are facility or site specific may be forwarded to the supervisor of the field staff or field staff for follow-up within 24 hours of the information reaching them.

DEEP staff follow-up on any UST citizen complaints and suspected release reports received for facilities and/or sites located in their geographic territory. Based on findings, DEEP staff may issue an investigative report, identify required corrective actions and establish deadlines for any required work or compliance action.

Connecticut has undertaken significant outreach efforts which include mass mailings (particularly mass e-mailings), website updates, guidance documents, and various meetings/presentations. The purpose of these efforts is to provide updates to the regulated community and to assist with compliance for Life Expectancy, Financial Responsibility, Operator Training, regulatory updates related to EPAct, UST notification using EZ-File, tank tightness requirements and general compliance issues.  These efforts include continuously updating information and tutorials on the DEEP's Underground Storage Tank website that are available to the public. DEEP will continue to utilize its electronic resources to inform UST owners and operators of specific UST regulatory requirements, including upcoming revisions to the regulations, to encourage compliance planning.
In addition to the above assistance, UST Program staff also speak and participate in workshops, seminars, conferences and educational courses pertaining to USTs and will continue with this assistance. 

Connecticut also makes available copies of the UST regulations and original EPHM-6 notifications forms through DEEP's Environmental Quality Record Center (public file room) and town clerk's offices throughout the state.

UST Database Maintenance 

The EPAct requires that DEEP collect certain information and make that information available to the public.  Under EPAct, the information gathering was required to begin not later than October 1, 2007, and a summary of the first year's information (10/01/2007  -  09/30/2008) had to be available to the public not later than December 31, 2008 as well as annually thereafter.  Information that must be available to the public includes: the number of regulated UST facilities located within the state, the number of inspections conducted during the past year, the compliance rate found while conducting those inspections, and the number and causes of any releases to the environment that occurred during the year in question. The LUST Prevention Assistance funding is used, in part, to support staff time necessary to collect, analyze, and report this required information. The Public Record Summary Report is available on DEEP's website. The public record will be posted no later than December 31, 2022.

Electronic database improvements have allowed the UST Program to increase public access to data base reports. The public information available on DEEP's website include notification information, certain enforcement information, and direct public access to EZ-File. 

A new service offered to the public by the State of Connecticut includes Open Data on UST Tank and Facility Details. 

Open Data provides UST site, tank, contact and enforcement information for the approximately 45,000 commercial USTs previously and currently registered in Connecticut, of which about 7,000 are still in use. 

Annually, or when a UST is installed, removed, or altered, a notification form must be completed via EZ-File which feeds Open Data. Notification is required for non-residential underground storage tanks, including those for oil, petroleum and chemical liquids, as well as residential home heating oil tanks serving five or more units. EZ-File has a public search function through which all information provided in UST notifications is publicly available on the DEEP website.

The UST regulations and Connecticut's UST Program have been in effect since November 1985. Open Data is based on notification information submitted by the public since 1985, and is updated weekly. It contains information on both active and on non-active USTs, as well as federally regulated and state regulated USTs.






