Iowa DNR: UST/LUST Frequently Asked Quesitons

A regulated substance is an element, compound or solution which, if released into the environment, may present danger to the public health or welfare, or the environment and includes the following:

any petroleum or petroleum based substances (motor fuels, petroleum solvents, lubricants, used oil, etc.);
any substance that exhibits hazardous characteristics defined in the Resource Conservation and Recovery Act (RCRA) hazardous waste regulations -or-
any substance regulated under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA).

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2. What Underground Storage Tanks Are Exempt From Regulation?

USTs whose capacity is 110 gallons or less.
Heating oil tanks for consumptive use on site where stored.
Septic tanks.
Flow through process tanks.
Tanks located in an underground area such as a basement and installed upon or above the floor.
USTs used for operational purposes of equipment or machinery such as hydraulic lifts.
USTs holding waste defined as hazardous by federal EPA RCRA hazardous waste regulations.
USTs used as emergency spill or overfill containment and emptied immediately after use.
USTs used as part of a pipeline facility regulated under the Natural Gas Pipeline Safety or Hazardous Liquid Pipeline Safety Acts.
USTs used as part of a wastewater treatment system regulated under the federal Clean Water Act, Section 402 or 307(b).
USTs used only for farm or residential purposes, less than or equal to 1,100 gallons and installed prior to July 1, 1987. However, the tanks must be registered with the DNR. Farm and residential USTs installed after June 30, 1987 are subject to all fees and requirements, but do not have to show financial responsibility.

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3. Which Underground Storage Tanks Are Deferred From Parts Of The Rules?

USTs that store diesel fuel solely for use by emergency power generators are deferred from leak detection requirements.
The following USTs only need to comply with release response and corrective action rules:

wastewater treatment tanks systems;
UST systems containing radioactive material regulated under the Atomic Energy Act;
UST systems that are part of emergency generator facilities regulated by the Nuclear Regulatory Agency;
airport hydrant fuel distribution systems.

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4. What Are The Tank Registration Requirements?

Owners and operators of regulated UST systems are required to register their tanks with the DNR. This includes tanks taken out of operation after January 1, 1974 and not removed prior to July 1, 1985. When installing new USTs, the tanks must be registered within 30 days of installation.

The registration fee is $10 per tank. Owners of USTs of 1,100 gallons or more capacity must also pay an annual tank management fee of $65 per tank.

USTs registered with the department are issued small metal registration tags that must be attached to the tank fill pipe. Tanks of less than 1,100 gallons capacity are issued permanent tags. Tanks of 1,100 gallons or more capacity are issued annual tags. The new annual tags must be attached by April 1 of each year.

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5. What Happens If A Supplier Delivers Product To An Unregistered Tank?

Persons who deliver regulated substances may deposit the substance in a tank which does not have a current DNR tag on the fill pipe only one time. The delivery person must, at the time of the deposit, report the unregistered tank to the DNR and provide the owner or operator of the tank with a DNR tank registration form. No further deliveries may be made until the tank is registered and tagged.

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6. What About Above Ground Storage Tanks (AST)?

ASTs must be registered with the Division of the State Fire Marshal, Iowa Department of Public Safety, 621 East 2nd Street, Des Moines, Iowa 50309. The State Fire Marshal’s office can be reached by calling (515)281-5821.

ASTs must meet requirements of Chapter 661 - 5 of the Iowa Administrative Code (IAC) and Rules 30 and 30A of the National Fire Protection Association (NFPA). NFPA publications may be obtained from local fire marshals or by writing to NFPA, P.O. Box 9101, Quincy, MA 02269-9101. Contact the State Fire Marshal concerning design and installation requirements.

ASTs and associated piping installation and corrosion protection must be approved by local authorities (local Fire Marshal, zoning administrator, etc.). Only tanks designed for use above ground may be used for above ground storage. Tanks designed for underground storage cannot be used for above ground storage due to inherent design and structural deficiencies.

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7. What Is Required Of My Underground Home Heating Oil Tank?

Home heating oil tanks are not regulated by the DNR. They are not required to be registered with the department and sampling for contamination is not required when being removed. However, if contamination is noticed or suspected, it must be reported to the DNR. Check with the local fire inspector for any local ordinances concerning home heating oil tanks.

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8. I Just Discovered An Underground Tank On My Property. What Must I Do?

If the tank was last used prior to January 1974 and is currently empty, department’s regulations do not require tank registration, tank removal or testing for contamination. If you remove the tank and discover contamination, this must be reported to the DNR. If contamination is above certain "action levels", the site is required to follow the same corrective action rules as regulated tanks.

If the tank was operated after January 1, 1974, the tank must be registered and removed from the ground and sampled for contamination according to the department’s closure guidance documents.

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9. What Should I Do If I Spill Petroleum Or Another Regulated Substance Or Find That My UST Is Leaking?

The first thing that should be done is make every possible effort to contain a spill as much as possible. If a UST is found to be leaking, it should be emptied immediately.

Owners and operators of UST systems must report a release of regulated substance to the Department of Natural Resources within 24 hours, or within 6 hours if a hazardous condition exists. A hazardous condition is considered to exist if a potential explosive condition is created (gasoline in a sewer where vapors could cause explosive conditions), or other imminent health, safety or environmental hazard may result.

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10. How Do I Pay For Cleaning Up A Release?

All regulated USTs must have insurance or another approved financial assurance mechanism to provide the financial resources necessary to assess and clean up releases of a regulated substance and to provide coverage against claims by injured third parties. Certain UST systems may be eligible for financial assistance from a State UST Fund. The administrator of the UST Fund (a different governmental entity than the DNR) may be contacted at (515)267-9101 or information specifically about the application process can be obtained by calling (515)276-8046.

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11. How Can I Obtain Information On Registered Or Leaking USTs?

A database containing information on tank sites is available on the web at http://programs.iowadnr.gov/ustlust/pages/advanced.aspx .The UST System Database tracks regulated sites, as well as some unregulated USTs (usually smaller tanks that need only a one-time registration). Each UST site has a Registration Number, e.g., 198617966.

The department has a number of guidance documents relating to all aspects of the underground tank program, which may be obtained by calling the reception desk at (515)281-8941. You will then be directed to the most appropriate UST Section staff who will answer your questions and provide the applicable guidance to you.

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12. How Do I Get Information About A Specific UST Site?

A database containing information on tank sites is available on the web at http://programs.iowadnr.gov/ustlust/pages/advanced.aspx . The UST System Database tracks regulated sites, as well as some unregulated USTs (usually smaller tanks that need only a one-time registration). Each UST site has a Registration Number, e.g., 198617966.

The department also maintains hard-copy records available to the public on all UST sites that were required to be registered. Files are indexed by city, file number and registered owner. If the site has not been identified as a contaminated site, the file (referenced by an UST number) will include information on the number of tanks and their contents, information on the closure of the tanks and any soil or groundwater testing that was conducted when the tanks were removed or filled in place. If the site is a contaminated site, the files (referenced by a LUST number) may contain assessment reports showing the extent of soil and groundwater contamination and the potential risks it poses to health, safety, and the environment; and what type of cleanup system is proposed or in place. Copies of records can be obtained for a charge by calling (515)242-5818 or they are available for inspection at the DNR office on the 5th floor of the Wallace State Office Building in Des Moines, Iowa.

13. What is the Environmental Protection Charge (EPC) for petroleum storage tanks?

Iowa Code Chapter 424 gives the Iowa Department of Revenue the responsibility of collecting an Environmental Protection Charge (EPC) based on petroleum diminution from certain storage tanks. This charge is imposed on behalf of the Iowa Comprehensive Petroleum Underground Storage Tank Board.

The EPC is imposed on all petroleum products deposited into non-exempt storage tanks in Iowa. The charge is established at a rate estimated to generate $17 million in revenue each year to fund the Iowa Comprehensive Petroleum Underground Storage Tank Fund, which is used to finance petroleum leakage cleanup.

Call 1-800-367-3388 if you need to discuss the EPC with the Department of Revenue.

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