Underground Storage Tanks Energy Policy Act of 2005 Public Record Requirements

Delivery Prohibition

The EPA's state delivery prohibition website provides links to states' and territories' delivery prohibition programs where users will find detailed information, including applicable laws, regulations, and policies.  Information accessible through this site can help fuel delivery drivers determine if an underground storage tank is not eligible to receive fuel. Section 1527 of the Energy Policy Act of 2005 stated that, by August 2007, states and territories receiving funds under Subtitle I of the Solid Waste Disposal Act were required to meet delivery prohibition requirements described in grant guidelines EPA developed.  EPA consulted with states and representatives from the underground storage tank and fuel delivery industries to develop the guidelines.  During that consultation, some stakeholders requested that EPA provide information on delivery prohibition programs developed and used by states and EPA committed to provide that information.  This website fulfills that commitment.   CT DEEP maintains, annually updates and makes available to the public a record of USTs regulated under Subtitle I to meet the Energy Policy Act of 2005 public record requirements.  The CT public record contains the following type of information:

• The number, sources, and causes of UST releases in CT. 
• The record of compliance by USTs in CT with a state program approved under Section 9004 of Subtitle I.
• Data on the number of UST equipment failures in CT.

Operational Compliance Rates

Connecticut has reported 89% operational compliance for federal fiscal year 2022 compared to 91% for the previous year.  Significant operational compliance (SOC) generally means that the UST systems at a facility have the proper equipment/procedures in place and are being properly operated and maintained in order to detect a release.  EPA has changed this performance metric from SOC to Technical Compliance Rate (TRC). 

The average TRC in Region I was 44% for FY 2022.  Please note that some states, including Connecticut, have operational requirements that are more stringent than the federal requirements. The table below compares TRC for the New England states for FY 2022.  The figures are from the EPA FY 2022 End of Year Activity Report for the Underground Storage Tanks program.

State	%in Compliance with Spill Prevention Requirements	%in Compliance with Overfill Prevention Requirements	%in Compliance with Corrosion Protection Requirements	%in Compliance with Release Detection Requirements	% of UST Facilities meeting the Technical Compliance Rate (TRC)
CT1,2	DNA	DNA	DNA	DNA	DNA
MA1	DNA	DNA	DNA	DNA	DNA
ME2	66%	99%	100%	68%	57%
NH2	72%	82%	98%	34%	27%
RI2	50%	97%	97%	72%	43%
VT2	67%	58%	98%	93%	52%
Average	66%	84%	98%	64%	44%

¹DNA = Data Not Available. States/EPA Regions (Indian country) that have passed the compliance dates for their updated regulations must begin reporting TCR. CT and MA did not report TCR at End-of-Year FY 2022 because they do not have updated regulations at the beginning of this reporting period. For more detailed information technical compliance rate (TRC), and national data on compliance rates, follow the link to the End of the Year Reports for 2022 and prior fiscal years on the EPA Office of Underground Storage Tanks website at https://www.epa.gov/ust/ust-performance-measures

²States having requirements more stringent than the federal requirements.

For further information regarding this public record please contact the CT DEEP, Licensing and Enforcement Unit at (860) 424-3374, deep.USTEnforcement@ct.gov, or write to: 

Department of Energy and Environmental Protection
Bureau of Materials Management and Compliance Assurance
Licensing and Enforcement Unit
79 Elm Street
Hartford, CT 06106-5127

Content last updated December 2022