1. Purpose.
To establish GSA’s policy for managing fuel storage tanks.
2. Cancellation.
This Order does not cancel or replace any existing Order or policy.
3. Authority.
Title 40: Protection of Environment: Part 112—Oil Pollution Prevention; Part 280—Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (USTs) [dated July 2015]; Part 355—Emergency Planning and Notification; Part 370—Hazardous Chemical Reporting: Community Right-To-Know; Energy Policy Act of 2005; Title 41: Public Contracts and Property Management; Subtitle C, Chapter 102— Federal Management Regulations; the International Fire Code (IFC) and National Fire Protection Association (NFPA) codes and standards.
4. Background.
a. Federal, State, interstate, and local laws establish standards for the management of storage tanks used or previously used to store regulated substances of which petroleum is the substance of greatest concern. Collectively, these tanks are hereafter referred to as fuel storage tanks (FSTs). Owners and operators must install, operate, and maintain FSTs in a manner that reduces the potential for release of their contents into the environment. Laws further mandate specific training, emergency planning, release reporting, and closure procedures.
b. The Clean Water Act at 33 U.S.C. 1323, and Resource Conservation and Recovery Act (RCRA) at 42 U.S.C. 6991f, both waive Federal sovereign immunity to the requirements of these laws, as well as their implementing regulations – Federal, State, interstate, and local. The Clean Water Act (CWA) waiver does not establish a provision that mandates the payment of penalties. The RCRA waiver does however include potential payment of penalties. With the exception of underground storage tank (UST) systems located on Indian Lands, States have the primary authority to implement the UST program within their boundaries. Authorized State Programs’ governing standards must be no less stringent than Federal laws.
U.S. General Services Administration