MassDEP Underground Storage Tank (UST) Program

August 2024

The Environmental Protection Agency’s Proposed Approval of Massachusetts’ Revised Underground Storage Tank Program

The Massachusetts State Underground Storage Tank (UST) program applied to the EPA for approval of revisions to its UST program. The EPA has determined that revisions to the Massachusetts UST program satisfy all requirements for approval. The EPA has published a Proposed Rule and Direct Final Rule in the Federal Register dated August 2, 2024. To access EPA’s proposed rule, EPA’s direct final rule, Massachusetts’ application, or to provide public comments, please follow these links to the Federal Register.

• Massachusetts:  Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference
  https://www.regulations.gov/document/EPA-R01-UST-2023-0321-0002
• Massachusetts:  Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference
  https://www.regulations.gov/document/EPA-R01-UST-2023-0321-0001

Public comment must be received within 30 days of the date of publication in the Federal Register. This rule is effective 60 days after publication in the Federal Register unless the EPA receives adverse comment. If you have any questions, please contact Joan Coyle of the EPA at 617-918-1303 or coyle.joan@epa.gov.

March 2024

MassDEP made updates to the UST Registration Form, the UST Compliance Certification Form, and the Third-Party Inspection Form.  These updates took effect on March 18, 2024.

• Registration Form. Installation dates are now required for all equipment/components as part of the registration for each UST system. MassDEP is reminding owners and operators to review their registration information within MassDEP’s UST Data Management System to ensure equipment installation dates are included.
• Compliance Certification Form. The Compliance Certification form has been updated to: (1) incorporate October 2021 amendments the UST regulations, (2) make owners and operators more aware of specific requirements, and (3) include requirements for Temp-Out-of-Service tanks. To review the information that you will need to complete your Compliance Certification Form, you can view the UST Compliance Certification Questions ahead of time.
• Third-Party Inspection Report (TPIR) Form. The TPIR form has been updated to: (1) incorporate October 2021 amendments to the UST regulations, 310 CMR 80.00; (2) increase compliance rates; and (3) improve registration information. To review the changes and prepare for your inspection, you can view the UST TPIR Fact Sheet and the list of the UST TPIR Questions ahead of time.

July 2022

MassDEP reminded UST facilities that by October 13, 2022, they must perform:

• Integrity testing of turbine, intermediate, and dispenser sumps; and
• Testing of spill buckets and overflow prevention equipment.

See the regulations at 310 CMR 80.27(7) and 80.28(2)(f) for details.

Owner/operators of underground storage tank (UST) systems in Massachusetts are required to:

• Meet all registration, compliance, and reporting requirements of 310 CMR 80.00 by using the UST Data Management System. Follow the Key Actions link below. If you are new to online filing, please see Online Filing & Forms before beginning.
• Employ at least one MassDEP-certified Class A, B and C Operator for every UST system (see Key Actions for certification details and Additional Resources below for a current list of those who have passed their exams).
• Ensure that all UST systems and components are inspected every three years by a MassDEP-certified Third-Party Inspector (TPI). See the TPI Search in Key Actions.
• Submit a Compliance Self-Certification to MassDEP every three years via the UST Data Management System.
• Demonstrate sufficient financial resources to pay for environmental and other damages if their tanks release a regulated substance.

See Additional Resources below and the Regulations & Policies section of this web page to learn more.

The owners/operators of most underground storage tank (UST) systems in Massachusetts are required to have those systems and their components inspected every three years by Third-Party Inspectors (TPIs).

MassDEP's TPI Certification Program ensures that those responsible for inspecting UST systems have the necessary knowledge and understanding of how these systems work. Qualified individuals are certified for five years and need to apply for renewal at least 90 days before their current certifications expire. 

See the current List of Certified TPIs to view inspectors’ contact information and certification expiration dates.

Hired directly by tank owner/operators, these professionals document the results of their on-site inspections, review facility record keeping to ensure it meets state requirements, and report their inspection findings to the MassDEP via nSPECT, an online reporting system.

Although TPIs provide compliance advice to their clients, they are not authorized to enforce laws or regulations.

See Key Actions and Additional Resources below to learn more.

Use the UST Data Management System in Key Actions below to register underground storage tanks with MassDEP, notify the agency of changes in their status, and report the results of third-party inspections.

Notes:

• If you are new to online filing, see Instructions for New Owners of UST Systems in Additional Resources below.
• As a new user, you will also need to create an account and submit a completed and notarized Standard Proof of Identity Form, also available below. You may fill out and save the Microsoft Word form on your computer. The PDF version has to be printed out and completed by hand.
• Only if you are unable to file online, obtain the forms you need from the Download Center below.

MassDEP in October 2021 implemented amendments to 310 CMR 80.00: Underground Storage Tank (UST) Systems to make the regulation at least as stringent as 40 CFR 280 and 281, enforced by the U.S. Environmental Protection Agency (EPA), as well as to clarify and enhance other state UST program requirements. 

The full regulation, an FAQ, and information on UST system owner/operator, record-keeping, and installation contractor requirements are available in Additional Resources below.

See also: 310 CMR 40.000 (site and spill cleanup) and 503 CMR 4.00 (21J fund UST cleanup fees)