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News Release (C-29-98)

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For Immediate Release (C-29-98)
Contact: Communications Office (916) 324-9670
November 11, 1998

California Elects to Enforce State UST Upgrade Deadline

SACRAMENTO - On December 9, 1998, the U.S. EPA issued a memorandum stating that during the first six months immediately after the December 22, 1998 underground storage tank upgrade (UST) deadline, the agency would not focus enforcement on small UST facilities with generally four or fewer tanks owned and operated by one person not owning or operating other regulated UST facilities, or UST’s owned or operated by local or state governments.

Even though the memorandum clearly states that U.S. EPA has not extended the deadline and the document only affects federal enforcement actions, it is being interpreted by some to grant six months extension to these facility owners and operators.

Secretary for Environmental Protection Peter M. Rooney, when advised of the memorandum stated, "Many owners, large and small, have already made significant investments in new or upgraded facilities in a good faith effort to comply with the California statute."

"Any extension would be unfair to those companies and individual operators who have already complied and have played by the rules these past ten years. Further, any extension of the deadline or delay in enforcement postpones achieving the groundwater resource protection benefits which are the root of the California program."

Rooney continued, "California law is clear. Underground storage tanks need to be replaced, upgraded or properly closed by December. 22nd. Moreover, starting January 1, 1999, wholesale suppliers are prohibited from delivering fuel to tanks which have not been upgraded."

California’s Trade and Commerce Agency has a well-funded program to provide loans to assist qualified small owners to upgrade their tanks. This program, in existence for many years and with a significant fund balance, remains available.

"Cal/EPA’s commitment is strong and continuous. We plan to meet it," concluded Rooney.

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Last updated: June 23, 2006
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