APPLICATION FOR APPROVAL OF 

IDAHO’S UNDERGROUND STORAGE TANK 

(UST) PROGRAM

Submitted By:

State of Idaho

Department of Environmental Quality

Submitted To:

United States Environmental Protection Agency

Region 10

July 2011
Application for Approval of Idaho’s UST Program

i

TABLE OF CONTENTS

Governor's Letter ..................................................................................................1

Attorney General's Letter of Certification ..............................................................2

Attorney General’s Statement ...........................................................................3

Demonstration of Adequate Enforcement Procedures........................................43

A. Procedures for Compliance Monitoring......................................................43

B. Procedures for Enforcement Response .....................................................49

Memorandum of Agreement ...............................................................................59

Program Description ...........................................................................................65

A. Program Description ..................................................................................65

B. Program Scope..........................................................................................65

C. Organization and Structure of State Program............................................66

D. Release Response, Reporting and Corrective Action................................68

E. UST Closure ..............................................................................................72

F. Financial Responsibility..............................................................................73

G. Resource Information ................................................................................74

H. Energy Policy Act of 2005..........................................................................74

Appendix A. State Rules

Appendix B. State Statutes

Appendix C. Idaho Rules of Civil Procedure

Appendix D. Notification Form for Underground Storage Tank Systems

Appendix E. Underground Storage Tank Program Implementation Manual

Appendix F. Operator Training Certification Form

Appendix G. Cathodic Protection Test Report and Line Leak Detector/Line 

Tightness Test Forms

Appendix H. Release Reporting Form

Appendix I Outreach Mailings

Appendix J. UST Inspection Application

Appendix K. Inspector Credentials

Appendix L. Sample Facility Management Plan

Appendix M. Facility Database Example

Appendix N. Sample Inspection Report

Appendix O. Sample Enforcement Action

Appendix P. Enforcement Procedures Manual: Section 2 Excerpt

Appendix Q. Chain of Custody Form

Appendix R. Enforcement Case Referral Package

Appendix S. Case Law

Appendix T. Hazardous Waste Management Act Civil Penalty Policy

Appendix U. Guidance for Supplemental Environmental Projects

Appendix V. UST/LUST Program Organizational Chart

Appendix W. Cost Recovery Guidance Manual

Appendix X. Example LUST Event

Appendix Y. Idaho Prime Loan Program Brochure


Application for Approval of Idaho’s UST Program

3

Attorney General’s Statement

The following tables contain references to Idaho rules and statutes. Certified copies of all referenced materials are 

provided in Appendix A (state rules), Appendix B (state statutes), and Appendix C (court rules). 

New UST Systems and Notification

Objective 40 CFR § 281.30 

The State must have requirements that ensure that all new UST 

systems conform with the following:

State Rule 

Citation (Idaho 

Administrative 

Procedures Act 

[IDAPA])

State Statutory 

Citation 

(Idaho Code)

(a) Be designed, constructed, and installed in a manner that will prevent 

releases for their operating life due to manufacturing defects, structural 

failure, or corrosion. [Note: Codes of practice developed by nationallyrecognized organizations may be used to demonstrate that the State 

program requirements are no less stringent in this area.]

IDAPA

58.01.07.004.01 

(Effective 4-2-08) 

Idaho Code 

§ 39-8805 

(Effective 5-23-07)

(b) Be provided with equipment to prevent spills and tank overfills when new 

tanks are installed or existing tanks are upgraded, unless the tank does not 

receive more than 25 gallons at one time.

IDAPA

58.01.07.004.01 

(Effective 4-2-08) 

Idaho Code 

§ 39-8805 

(Effective 5-23-07)

(c) All UST system owners and operators must notify the implementing State 

agency of the existence of any new UST system using a form designated by 

the State agency.

IDAPA

58.01.07.004.01 

(Effective 4-2-08) 

Idaho Code 

§ 39-8805 

(Effective 5-23-07)

Notes on Objective 40 CFR § 281.30 New UST Systems and Notification

The State has adopted the Federal regulations by reference and therefore meets the no less stringent criterion for 

Objective 40 CFR § 281.30(a) and (b). 

40 CFR § 281.30(c) The State has adopted the Federal regulations by reference and therefore meets the no less 

stringent criterion for Objective 40 CFR § 281.30(c). The State has designated a form for UST system owners and 

operators to notify the State of the existence of any new UST system. A copy of this form is provided in Appendix D. 
Application for Approval of Idaho’s UST Program

4

Upgrading Existing UST Systems

Objective 40 CFR § 281.31

State Rule 

Citation

(IDAPA)

State Statutory 

Citation 

(Idaho Code)

The State must have requirements that ensure existing UST systems will be 

replaced or upgraded before December 22, 1998, to prevent releases for 

their operating life due to corrosion, and spills or overfills.

IDAPA

58.01.07.004.01 

(Effective 4-2-08)

Idaho Code 

§ 39-8805 

(Effective 5-23-07)

Notes on Objective 40 CFR § 281.31 Upgrading Existing UST Systems

The State has adopted the Federal regulations by reference and therefore meets the no less stringent criterion for 

Objective § 281.31.
Application for Approval of Idaho’s UST Program

5

General Operating Requirements

Objective 40 CFR § 281.32

The State must have requirements that ensure that all new and existing 

UST systems conform to the following:

State Rule 

Citation

(IDAPA)

State Statutory 

Citation 

(Idaho Code)

(a) Prevent spills and overfills by ensuring that the space in the tank is 

sufficient to receive the volume to be transferred and that the transfer 

operation is monitored constantly;

IDAPA

58.01.07.004.01 

(Effective 4-2-08) 

Idaho Code 

§ 39-8805 

(Effective 5-23-07)

(b) Where equipped with cathodic protection, be operated and maintained 

by a person with sufficient training and experience in preventing corrosion, 

and in a manner that ensures that no releases occur during the operating life 

of the UST system. [Note: Codes of practice developed by nationallyrecognized organizations and national independent testing laboratories may 

be used to demonstrate the State program requirements are no less 

stringent.];

IDAPA

58.01.07.004.01 

(Effective 4-2-08)

Idaho Code 

§ 39-8805 

(Effective 5-23-07)

(c) Be made of or lined with materials that are compatible with the substance 

stored;

IDAPA

58.01.07.004.01

(Effective 4-2-08)

Idaho Code 

§ 39-8805 

(Effective 5-23-07)

(d) At the time of upgrade or repair, be structurally sound and upgraded or 

repaired in a manner that will prevent releases due to structural failure or 

corrosion during their operating lives;

IDAPA

58.01.07.004.01

(Effective 4-2-08)

Idaho Code 

§ 39-8805 

(Effective 5-23-07)

(e) Have records of monitoring, testing, repairs, and closure maintained that 

are sufficient to demonstrate recent facility compliance status, except that 

records demonstrating compliance with repair and upgrading requirements 

must be maintained for the remaining operating life of the facility. These 

records must be made readily available when requested by the 

implementing agency.

IDAPA

58.01.07.004.01

(Effective 4-2-08)

Idaho Code 

§ 39-8805 

(Effective 5-23-07)

Notes on Objective 40 CFR § 281.32 General Operating Requirements

The State has adopted the Federal regulations by reference and therefore meets the no less stringent criterion for 

Objective § 281.32(a) through (d).
Application for Approval of Idaho’s UST Program

6

40 CFR § 281.32(e) IDAPA 58.01.07.004.01 adopts the Federal regulations by reference including §280.34, which 

requires recent monitoring, testing, and repair records. Per §280.33(f), repair records must be kept for the operating life of 

the facility. Section 280.45 (b) requires monitoring, testing, and sampling records be kept for at least one year, while

§280.74 requires closure records be kept for at least three years. Section 280.34(c)(1)-(2) requires records be made 

immediately or readily available. 
Application for Approval of Idaho’s UST Program

7

Release Detection

Objective 40 CFR § 281.33(a)

(a) Release detection requirements for owners and operators must 

consist of a method, or combination of methods, that is:

State Rule 

Citation

(IDAPA)

State Statutory 

Citation 

(Idaho Code)

(1) capable of detecting a release of the regulated substance from any 

portion of the UST system that routinely contains regulated substances -- as 

effectively as any of the methods allowed under the Federal Technical 

Standards -- for as long as the UST system is in operation. In comparing 

methods, the implementing agency shall consider the size of release that 

the method can detect and the speed and reliability with which the release 

can be detected.

IDAPA

58.01.07.004.01

(Effective 4-2-08)

Idaho Code 

§ 39-8805 

(Effective 5-23-07)

(2) designed, installed, calibrated, operated and maintained so that releases 

will be detected in accordance with the capabilities of the method;

IDAPA

58.01.07.004.01

(Effective 4-2-08); 

IDAPA 

58.01.07.100

(Effective 4-2-08)

Idaho Code 

§ 39-8805 

(Effective 5-23-07); 

Idaho Code 

§ 39-8806

(Effective 5-23-07)

Notes on Objective 40 CFR § 281.33(a) Release Detection

40 CFR § 281.33(a)(1) The State has adopted the Federal regulations by reference and therefore meets the no less

stringent criterion for Objective § 281.33(a)(1). Idaho Code § 39-8806 and IDAPA 58.01.07.100 require UST systems 

installed after February 23, 2007, and within 1,000 feet of a potable drinking water source to be secondarily-contained and 

monitored interstitially for releases. 

40 CFR § 281.33 (a)(2) The State has adopted the Federal regulations by reference and therefore meets the no less 

stringent criterion for Objective § 281.33(a)(2). The State has additional measures that meet the no less stringent criterion 

in Idaho Code § 39-8806 and IDAPA 58.01.07.100, which provide that UST systems installed after February 23, 2007,

and within 1,000 feet of a potable drinking water source be designed and installed with secondary containment. The UST 

system must be calibrated, operated, and maintained so that releases will be detected interstitially. This is consistent with 

the purpose and intent of the Release Detection requirements in the Code of Federal Regulations. 
Application for Approval of Idaho’s UST Program

8

Release Detection

Objective 40 CFR § 281.33(b)

(b) Release detection requirements must, at a minimum, be scheduled 

to be applied at all UST systems:

State Rule 

Citation

(IDAPA)

State Statutory 

Citation 

(Idaho Code)

(1) immediately when a new UST system is installed:

IDAPA

58.01.07.004.01

(Effective 4-2-08)

Idaho Code 

§ 39-8805 

(Effective 5-23-07)

(2) on an orderly schedule that completes a phase-in of release detection at 

all existing UST systems (or their closure) before December 22, 1993, 

except that release detection for the piping attached to any existing UST that 

conveys a regulated substance under greater than atmospheric pressure 

must be phased-in before December 22, 1990.

IDAPA

58.01.07.004.01

(Effective 4-2-08)

Idaho Code 

§ 39-8805 

(Effective 5-23-07)

Notes on Objective 40 CFR § 281.33(b) Release Detection

The State has adopted the Federal regulations by reference and therefore meets the no less stringent criterion for 

Objective § 281.33(b).
Application for Approval of Idaho’s UST Program

9

Release Detection

Objective 40 CFR § 281.33(c)

(c) All petroleum tanks must be sampled, tested, or checked for 

releases at least monthly, except that:

State Rule 

Citation

(IDAPA)

State Statutory 

Citation 

(Idaho Code)

(1) new or upgraded tanks (that is, tanks and piping protected from releases 

due to corrosion and equipped with both spill and overfill prevention devices) 

may temporarily use monthly inventory control (or its equivalent) in 

combination with tightness testing (or its equivalent) conducted every 

5 years for the first 10 years after the tank is installed or upgraded, or until 

December 22, 1998, whichever is later; and

IDAPA

58.01.07.004.01

(Effective 4-2-08)

Idaho Code 

§ 39-8805 

(Effective 5-23-07)

(2) existing tanks unprotected from releases due to corrosion or without spill 

and overfill prevention devices may use monthly inventory control (or its 

equivalent) in combination with annual tightness testing (or its equivalent) 

until December 22, 1998.

IDAPA

58.01.07.004.01

(Effective 4-2-08)

Idaho Code 

§ 39-8805 

(Effective 5-23-07)

Notes on Objective 40 CFR § 281.33(c) Release Detection

The State has adopted the Federal regulations by reference and therefore meets the no less stringent criterion for 

Objective § 281.33(c).
Application for Approval of Idaho’s UST Program

10

Release Detection

Objective 40 CFR § 281.33(d)

(d) All underground piping attached to the tank that routinely conveys 

petroleum must conform to the following:

State Rule 

Citation

(IDAPA)

State Statutory 

Citation 

(Idaho Code)

(1) if the petroleum is conveyed under greater than atmospheric pressure: 

(i) the piping must be equipped with release detection that detects a 

release within an hour by restricting or shutting off flow or sounding an 

alarm; and

(ii) the piping must have monthly monitoring applied or annual tightness 

tests conducted.

IDAPA

58.01.07.004.01

(Effective 4-2-08); 

IDAPA 

58.01.07.100

(Effective 4-2-08)

Idaho Code 

§ 39-8805 

(Effective 5-23-07)

(2) if suction lines are used: 

(i) tightness tests must be conducted at least once every 3 years, unless 

a monthly method of detection is applied to this piping; or

(ii) the piping is designed to allow the contents of the pipe to drain back 

into the storage tank if the suction is released and is also designed to 

allow an inspector to immediately determine the integrity of the piping 

system.

IDAPA

58.01.07.004.01

(Effective 4-2-08); 

IDAPA 

58.01.07.100

(Effective 4-2-08)

Idaho Code 

§ 39-8805 

(Effective 5-23-07); 

Idaho Code 

§ 39-8806

(Effective 5-23-07)

Notes on Objective 40 CFR § 281.33(d) Release Detection

The State has adopted the Federal regulations by reference and therefore meets the no less stringent criterion for 

Objective § 281.33(d). The State has additional measures that meet the no less stringent criterion in Idaho Code § 39-

8806 and IDAPA 58.01.07.100, which provide that piping installed after February 23, 2007, and within 1,000 feet of a 

potable drinking water source use interstitial monitoring as the release detection method. This is consistent with the 

purpose and intent of the Release Detection requirements in the Code of Federal Regulations. 
Application for Approval of Idaho’s UST Program

11

Release Detection

Objective 40 CFR § 281.33(e)

(e) All UST systems storing hazardous substances must meet the 

following:

State Rule 

Citation

(IDAPA)

State Statutory 

Citation 

(Idaho Code)

(1) all existing hazardous substance UST systems must comply with all the 

requirements for petroleum UST systems in sections 281.33(c) and (d) 

above, and after December 22, 1998, they must comply with the following 

subsection (e)(2).

IDAPA

58.01.07.004.01

(Effective 4-2-08); 

IDAPA

58.01.07.004.02(b)

(Effective 4-2-08)

Idaho Code 

§ 39-8805 

(Effective 5-23-07)

(2) all new hazardous substance UST systems must use interstitial 

monitoring within secondary containment of the tanks and the attached 

underground piping that conveys the regulated substance stored in the tank, 

unless the owner and operator can demonstrate to the State (or the State 

otherwise determines) that another method will detect a release of the 

regulated substance as effectively as other methods allowed under the State 

program for petroleum UST systems and that effective corrective action 

technology is available for the hazardous substance being stored that can 

be used to protect human health and the environment.

IDAPA

58.01.07.004.01

(Effective 4-2-08); 

IDAPA 

58.01.07.100

(Effective 4-2-08);

IDAPA

58.01.07.004.02(b)

(Effective 4-2-08)

Idaho Code 

§ 39-8805 

(Effective 5-23-07); 

Idaho Code 

§ 39-8806

(Effective 5-23-07)

Notes on Objective 40 CFR § 281.33(e) Release Detection

The State has adopted the Federal regulations by reference and therefore meets the no less stringent criterion for 

Objective § 281.33(e). For 40 CFR § 281.33(e)(2), the State has additional measures that meet the no less stringent 

criterion in Idaho Code § 39-8806 and IDAPA 58.01.07.100, which require hazardous substance UST systems installed 

after February 23, 2007, and within 1,000 feet of a potable drinking water source to be secondarily-contained and 

monitored interstitially for releases. This is consistent with the purpose and intent of the Release Detection requirements 

in the Code of Federal Regulations. 
Application for Approval of Idaho’s UST Program

12

Release Reporting, Investigation, and Confirmation

Objective 40 CFR § 281.34

All owners and operators must conform with the following:

State Rule 

Citation

(IDAPA)

State Statutory 

Citation 

(Idaho Code)

(a) Promptly investigate all suspected releases, including:

(1) when unusual operating conditions, release detection signals and 

environmental conditions at the site suggest a release of regulated 

substances may have occurred; and

(2) when required by the implementing agency to determine the source 

of a release having an impact in the surrounding area; and

IDAPA

58.01.07.004.01

(Effective 4-2-08);

IDAPA 

58.01.02.851.01

(Effective 7-1-93);

IDAPA 

58.01.02.851.02 

(Effective 7-1-93);

IDAPA 

58.01.07.200 

(Effective 4-2-08);

IDAPA 

58.01.24 

(Effective 5-8-09)

Idaho Code 

§ 39-8805 

(Effective 5-23-07);

Idaho Code 

§ 39-107(7) 

(Amended for 

effective date of 

July 1, 2000)

(b) Promptly report all confirmed underground releases and any spills and 

overfills that are not contained and cleaned up.

IDAPA

58.01.07.004.01

(Effective 4-2-08);

IDAPA 

58.01.02.851.01

(Effective 7-1-93);

IDAPA 

58.01.07.200 

(Effective 4-2-08);

IDAPA 

58.01.24 

(Effective 5-8-09)

Idaho Code 

§ 39-8805 

(Effective 5-23-07); 

Idaho Code 

§ 39-107(7) 

(Amended for 

effective date of 

July 1, 2000)
Application for Approval of Idaho’s UST Program

13

(c) Ensure that all owners and operators contain and clean up unreported 

spills and overfills in a manner that will protect human health and the 

environment.

IDAPA

58.01.07.004.01

(Effective 4-2-08);

IDAPA 

58.01.02.851.04

(Effective 7-1-93);

IDAPA 

58.01.24 

(Effective 5-8-09)

Idaho Code 

§ 39-8805 

(Effective 5-3-07);

Idaho Code 

§ 39-107(7) 

(Amended for 

effective date of 

July 1, 2000)

Notes on Objective 40 CFR § 281.34 Release Reporting, Investigation, and Confirmation 

The State has adopted the Federal regulations by reference and therefore meets the no less stringent criterion for 

Objective § 281.34. 

40 CFR § 281.34(a)(1) The State has additional measures that meet the no less stringent criterion in IDAPA 

58.01.02.851.01.b, which requires owners and operators to report suspected releases due to unusual operating conditions 

within twenty-four (24) hours. IDAPA 58.01.24 establishes the standards and procedures to determine whether and what 

risk-based corrective action measures should be applied to property subject to assessment and cleanup requirements 

under IDAPA 58.01.02, Sections 851 and 852, “Water Quality Standards,” or when assessment and cleanup requirements 

are incorporated into compliance documents entered into per Chapter 1, Title 39, Idaho Code. (Appendix A contains 

IDAPA 58.01.02 and IDAPA 58.01.24 in their entirety). These provisions are consistent with the purpose and intent of the 

Release Reporting, Investigation, and Confirmation requirements in the Code of Federal Regulations. 

40 CFR § 281.34(a)(2) IDAPA 58.01.02.851.02 requires owners and operators to determine if the UST system is the 

source of off-site impacts. IDAPA 58.01.07.200 requires owners or operators to report within ninety (90) days the source 

of the release. IDAPA 58.01.24 establishes the standards and procedures to determine whether and what risk-based 

corrective action measures should be applied to property subject to assessment and cleanup requirements under IDAPA 

58.01.02, Sections 851 and 852, “Water Quality Standards,” or when assessment and cleanup requirements are 

incorporated into compliance documents entered into per Chapter 1, Title 39, Idaho Code. These provisions are 

consistent with the purpose and intent of the Release Reporting, Investigation, and Confirmation requirements in the Code 

of Federal Regulations. 
Application for Approval of Idaho’s UST Program

14

40 CFR § 281.34(b) IDAPA 58.01.02.851.01.b requires owners and operators to report suspected releases due to 

unusual operating conditions within twenty-four (24) hours. IDAPA 58.01.24 establishes the standards and procedures to 

determine whether and what risk-based corrective action measures should be applied to property subject to assessment 

and cleanup requirements under IDAPA 58.01.02, Sections 851 and 852, “Water Quality Standards,” or when assessment 

and cleanup requirements are incorporated into compliance documents entered into per Chapter 1, Title 39, Idaho Code. 

These provisions are consistent with the purpose and intent of the Release Reporting, Investigation, and Confirmation 

requirements in the Code of Federal Regulations. 

40 CFR § 281.34(c) IDAPA 58.01.02.851.04 requires owners and operators to contain and immediately clean up an 

above ground spill or overfill of petroleum only after identifying and mitigating any fire, explosion, and vapor hazards.

IDAPA 58.01.24 establishes the standards and procedures to determine whether and what risk-based corrective action 

measures should be applied to property subject to assessment and cleanup requirements under IDAPA 58.01.02, 

Sections 851 and 852, “Water Quality Standards,” or when assessment and cleanup requirements are incorporated into 

compliance documents entered into per Chapter 1, Title 39, Idaho Code. These provisions are consistent with the 

purpose and intent of the Release Reporting, Investigation, and Confirmation requirements in the Code of Federal 

Regulations.
Application for Approval of Idaho’s UST Program

15

Release Response and Corrective Action

Objective 40 CFR § 281.35

The State must have requirements that ensure:

State Rule 

Citation

(IDAPA)

State Statutory 

Citation 

(Idaho Code)

(a) All releases from UST systems are promptly assessed and further 

releases are stopped;

IDAPA

58.01.07.004.01

(Effective 4-2-08); 

IDAPA 

58.01.02.852.01

(Effective 7-1-93);

IDAPA 

58.01.02.852.02

(Effective 7-1-93);

IDAPA 

58.01.02.852.03

(Effective 7-1-93);

IDAPA 

58.01.24 

(Effective 5-8-09)

Idaho Code 

§ 39-8805 

(Effective 5-23-07);

Idaho Code 

§ 39-107(7) 

(Amended for 

effective date of 

July 1, 2000)
Application for Approval of Idaho’s UST Program

16

(b) Actions are taken to identify, contain and mitigate any immediate health 

and safety threats that are posed by a release (such activities include 

investigation and initiation of free product removal, if present);

IDAPA

58.01.07.004.01

(Effective 4-2-08);

IDAPA 

58.01.02.852.01

(Effective 7-1-93);

IDAPA 

58.01.02.852.02

(Effective 7-1-93);

IDAPA 

58.01.02.852.03

(Effective 7-1-93);

IDAPA 

58.01.02.852.04

(Effective 7-1-93)

Idaho Code 

§ 39-8805 

(Effective 5-23-07);

Idaho Code 

§ 39-107(7) 

(Amended for 

effective date of 

July 1, 2000)

(c) All releases from UST systems are investigated to determine if there are 

impacts on soil and ground water, and any nearby surface waters. The 

extent of soil and ground-water contamination must be delineated when a 

potential threat to human health and the environment exists.

IDAPA

58.01.07.004.01

(Effective 4-2-08);

IDAPA 

58.01.02.852.03

(Effective 7-1-93);

IDAPA 

58.01.02.852.05

(Effective 7-1-93);

Idaho Code 

§ 39-8805 

(Effective 5-23-07);

Idaho Code 

§ 39-107(7) 

(Amended for 

effective date of 

July 1, 2000)
Application for Approval of Idaho’s UST Program

17

(d) All releases from UST systems are cleaned up through soil and ground 

water remediation and any other steps, as necessary to protect human 

health and the environment;

IDAPA

58.01.07.004.01

(Effective 4-2-08);

IDAPA 

58.01.02.852.06 

(Effective 7-1-93);

IDAPA 

58.01.24.200 

(Effective 5-8-09);

IDAPA 

58.01.24.300 

(Effective 5-8-09);

IDAPA 

58.01.24.400 

(Effective 5-8-09)

Idaho Code 

§ 39-8805 

(Effective 5-23-07);

Idaho Code 

§ 39-107(7) 

(Amended for 

effective date of 

July 1, 2000)

(e) Adequate information is made available to the State to demonstrate that 

corrective actions are taken in accordance with the requirements of (a) 

through (d) of this section. This information must be submitted in a timely 

manner that demonstrates its technical adequacy to protect human health 

and the environment; and

IDAPA

58.01.07.004.01

(Effective 4-2-08);

IDAPA 

58.01.02.852.06 

(Effective 7-1-93);

IDAPA 

58.01.24 

(Effective 5-8-09)

Idaho Code 

§ 39-8805 

(Effective 5-23-07);

Idaho Code 

§ 39-107(7) 

(Amended for 

effective date of 

July 1, 2000)

(f) In accordance with section 280.67, the State must notify the affected 

public of all confirmed releases requiring a plan for soil and ground water 

remediation, and upon request provide or make available information to 

inform the interested public of the nature of the release and the corrective 

measures planned or taken.

IDAPA

58.01.07.004.01

(Effective 4-2-08)

Idaho Code 

§ 39-8805 

(Effective 5-23-07)
Application for Approval of Idaho’s UST Program

18

Notes on Objective 40 CFR § 281.35 Release Response and Corrective Action

The State has adopted the Federal regulations by reference and therefore meets the no less stringent criterion for 

Objective § 281.35.

40 CFR § 281.35(a) IDAPA 58.01.02.852.01(b) requires owners and operators to take action to prevent further releases 

within twenty-four (24) hours. IDAPA 58.01.02.852.02(a) requires owners and operators to remove the petroleum from 

the petroleum storage tank system to prevent further releases. IDAPA 58.01.02.852.03 requires owners and operators to 

perform a detailed site assessment. IDAPA 58.01.24 details Risk Based Corrective Action procedures.

40 CFR § 281.35(b) IDAPA 58.01.02.852.01 requires owners and operators to take action to mitigate hazards and 

prevent further releases within twenty-four (24) hours. IDAPA 58.01.02.852.02 requires owners and operators to remove 

the petroleum from the petroleum storage tank system to prevent further releases, continue monitoring and mitigating, and 

remedy hazards posed by contaminated soils. IDAPA 58.01.02.852.03 requires owners and operators to perform a 

detailed site assessment. IDAPA 58.01.02.852.04 requires owners and operators to remove free product in a manner that 

is safe and minimizes the spread of contamination and provide the State with a detailed free product report. IDAPA 

58.01.24 establishes the standards and procedures to determine whether and what risk-based corrective action measures 

should be applied to property subject to assessment and cleanup requirements under IDAPA 58.01.02, Sections 851 and 

852, “Water Quality Standards,” or when assessment and cleanup requirements are incorporated into compliance 

documents entered into per Chapter 1, Title 39, Idaho Code. 

40 CFR § 281.35(c) IDAPA 58.01.02.852.03 requires owners and operators to perform a detailed site assessment. 

IDAPA 58.01.02.852.05 requires owners and operators to investigate the full extent and impacts of soil, groundwater, and 

surface water contamination. 

40 CFR § 281.35(d) IDAPA 58.01.02.852.06 requires owners and operators to develop a corrective action plan that 

addresses the cleanup of the contamination. IDAPA 58.01.02.852.06 and IDAPA 58.01.02.852.07 allow the State to set a 

cleanup schedule through an enforcement mechanism. IDAPA 58.01.24 establishes the standards and procedures to 

determine whether and what risk-based corrective action measures should be applied to property subject to assessment 

and cleanup requirements under IDAPA 58.01.02, Sections 851 and 852, “Water Quality Standards,” or when assessment 

and cleanup requirements are incorporated into compliance documents entered into per Chapter 1, Title 39, Idaho Code. 
Application for Approval of Idaho’s UST Program

19

40 CFR § 281.35(e) IDAPA 58.01.02.852.06 requires owners and operators to develop and submit to the State a 

technical corrective action plan that addresses the cleanup of the soil, ground water, and/or surface water contamination. 

IDAPA 58.01.02.852.06 and IDAPA 58.01.02.852.07 allow the State to set a cleanup schedule through an enforcement 

mechanism. IDAPA 58.01.24 details Risk Based Corrective Action procedures.

40 CFR § 281.35(f) The State has adopted the Federal regulations by reference and therefore meets the no less 

stringent criterion for Objective 40 CFR § 281.35(f). 
Application for Approval of Idaho’s UST Program

20

Out-of-Service UST Systems and Closure

Objective 40 CFR § 281.36

The State must have requirements that ensure UST systems conform 

with the following:

State Rule 

Citation

(IDAPA)

State Statutory 

Citation 

(Idaho Code)

(a) All new and existing UST systems temporarily closed must:

(1) continue to comply with general operating requirements, release 

reporting and investigation, and release response and corrective action;

(2) continue to comply with release detection requirements if regulated 

substances are stored in the tank;

(3) be closed off to outside access; and

(4) be permanently closed if the UST system has not been protected 

from corrosion and has not been used in one year, unless the State 

approves an extension after the owner and operator conducts a site 

assessment.

IDAPA

58.01.07.004.01

(Effective 4-2-08)

Idaho Code 

§ 39-8805 

(Effective 5-23-07)

(b) All tanks and piping must be cleaned and permanently closed in a 

manner that eliminates the potential for safety hazards and future releases.

The owner or operator must notify the State of permanent UST system 

closures.

The site must also be assessed to determine if there are any present or 

were past releases, and if so, release response and corrective action 

requirements must be complied with.

IDAPA

58.01.07.004.01

(Effective 4-2-08)

Idaho Code 

§ 39-8805 

(Effective 5-23-07)

(c) All UST systems taken out of service before December 22, 1988, must 

permanently close in accordance with paragraph (b) of this section when 

directed by the State.

IDAPA

58.01.07.004.01

(Effective 4-2-08)

Idaho Code 

§ 39-8805 

(Effective 5-23-07)

Notes on Objective 40 CFR § 281.36 Out-of Service UST Systems and Closures

The State has adopted the Federal regulations by reference and therefore meets the no less stringent criterion for 

Objective § 281.36.
Application for Approval of Idaho’s UST Program

21

Financial Responsibility for USTs Containing Petroleum

Objective 40 CFR § 281.37

(a) State requirements for financial responsibility must ensure that:

State Rule 

Citation

(IDAPA)

State Statutory 

Citation 

(Idaho Code)

(1) owners and operators have $1 million per occurrence for corrective 

action and third-party claims in a timely manner to protect human health and 

the environment;

(2) owners and operators not engaged in petroleum production, refining, and 

marketing and who handle a throughput of 10,000 gallons of petroleum per 

month or less have $500,000 per occurrence for corrective action and thirdparty claims in a timely manner to protect human health and the 

environment;

(3) owners and operators of 1 to 100 petroleum USTs must have an annual 

aggregate of $1 million; and

(4) owners and operators of 101 or more petroleum USTs must have an 

annual aggregate of $2 million.

IDAPA

58.01.07.004.01

(Effective 4-2-08)

Idaho Code 

§ 39-8805 

(Effective 5-23-07)

(b) Phase-in requirements. Financial responsibility requirements for 

petroleum UST systems must, at a minimum, be scheduled to be applied at 

all UST systems on an orderly schedule that completes a phase-in of the

financial responsibility requirements within the time allowed in the Federal 

regulations under 40 CFR § 280.91.

IDAPA

58.01.07.004.01

(Effective 4-2-08)

Idaho Code 

§ 39-8805 

(Effective 5-23-07)

(c) States may allow the use of a wide variety of financial assurance 

mechanisms to meet this requirement. Each financial mechanism must meet 

the following criteria: be valid and enforceable; be issued by a provider that 

is qualified or licensed in the State; not permit cancellation without allowing 

the State to draw funds; ensure that funds will only and directly be used for 

corrective action and third-party liability costs; and require that the provider 

notify the owner or operator of any circumstance that would impair or 

suspend coverage.

IDAPA

58.01.07.004.01

(Effective 4-2-08)

Idaho Code 

§ 39-8805 

(Effective 5-23-07)
Application for Approval of Idaho’s UST Program

22

(d) States must require owners and operators to maintain records and 

demonstrate compliance with the State financial responsibility requirements, 

and these records must be made readily available when requested by the 

implementing agency.

IDAPA

58.01.07.004.01

(Effective 4-2-08)

Idaho Code 

§ 39-8805 

(Effective 5-23-07)

Notes on Objective 40 CFR § 281.37 Financial Responsibility for USTs Containing Petroleum

The State has adopted the Federal regulations by reference and therefore meets the no less stringent criterion for 

Objective § 281.37. 
Application for Approval of Idaho’s UST Program

23

Lender Liability

Objective 40 CFR § 281.39 

Notes on Objective 40 CFR § 281.39 Lender Liability

40 CFR § 281.39 is not applicable to the Idaho UST program. Idaho does not have a security interest exemption for 

petroleum UST owners or operators. Idaho’s UST program does not provide security interest exemption in the Idaho 

Underground Storage Tank Act, Title 39, Chapter 88, Idaho Code, nor in “Rules Regulating Underground Storage Tanks,”

IDAPA 58.01.07. Idaho does have a lender liability provision that protects security interests for qualifying persons with 

indicia of ownership from liability under Idaho Land Remediation Act, Idaho Code § 39-7209 (Appendix B), and “Idaho 

Land Remediation Rules,” IDAPA 58.01.18.026 (Appendix A). This lender liability provision in the Land Remediation Act 

is no less stringent than, and as broad in scope as, the federal program, and it is analogous to provisions in the

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and consistent with United States 

Environmental Protection Agency policy (60 Federal Register 63517, dated December 11, 1995, as amended). This 

provision in the Land Remediation Act and rules would not apply to liability arising under Idaho Underground Storage 

Tank Act, Title 39, Chapter 88, Idaho Code, nor in the “Rules Regulating Underground Storage Tanks,” IDAPA 58.01.07.
Application for Approval of Idaho’s UST Program

24

Legal Authorities for Compliance Monitoring

Objective 40 CFR § 281.40

The State must have the following specific compliance monitoring 

authorities:

State Rule 

Citation

(IDAPA)

State Statutory 

Citation 

(Idaho Code)

(a) Any authorized representative of the State engaged in compliance 

inspections, monitoring, and testing must have authority to obtain by 

request any information from an owner or operator with respect to the UST 

system(s) that is necessary to determine compliance with the regulations.

IDAPA

58.01.07.400.01

(Effective 4-2-08);

IDAPA

58.01.07.400.03 

(Effective 4-2-08); 

IDAPA

58.01.07.004.01

(Effective 4-2-08)

Idaho Code 

§ 39-108 

(Amended for 

effective date of 

July 1, 2000);

Idaho Code 

§ 39-8805 

(Effective 5-23-07)

(b) Any authorized representative of the State must have authority to 

require an owner or operator to conduct monitoring or testing.

IDAPA

58.01.07.400.03

(Effective 4-2-08);

IDAPA

58.01.07.400.01

(Effective 4-2-08);

IDAPA

58.01.07.004.01

(Effective 4-2-08)

Idaho Code 

§ 39-108 

(Amended for 

effective date of 

July 1, 2000);

Idaho Code 

§ 39-8805 

(Effective 5-23-07)
Application for Approval of Idaho’s UST Program

25

(c) Authorized representatives must have the authority to enter any site or 

premises subject to UST system regulations or in which records relevant to 

the operation of the UST system(s) are kept, and to copy these records, 

obtain samples of regulated substances, and inspect or conduct the 

monitoring or testing of UST system(s).

IDAPA

58.01.07.400.01

(Effective 4-2-08);

IDAPA

58.01.07.400.03 

(Effective 4-2-08)

Idaho Code 

§ 39-108 

(Amended for 

effective date of 

July 1, 2000);

Idaho Code 

§ 39-108(2)(b) 

(Amended for 

effective date of 

July 1, 2000)

Notes on Objective 40 CFR § 281.40 Legal Authorities for Compliance Monitoring

40 CFR § 281.40(a) Idaho Code § 39-108 provides the legal authority for the State to conduct an inspection program. 

IDAPA 58.01.07.400.01 authorizes the State to inspect UST systems. IDAPA 58.01.07.400.03 requires inspectors to look 

for records. IDAPA 58.01.07.004.01 references the adoption of the Federal rules by reference and 40 CFR § 280.34(c) 

requires owners and operators to make records immediately or readily available for inspection.

40 CFR § 281.40(b) IDAPA 58.01.07.400.01 authorizes the State to inspect the UST records related to monitoring and/or 

testing. IDAPA 58.01.07.400.03 requires inspectors to assess compliance with monitoring and testing. IDAPA 

58.01.07.004.01 references the adoption of the Federal rules by reference and 40 CFR §§ 280.31 and 280.40 require 

owners and operators to conduct monitoring and testing. Idaho Code § 39-108 provides various enforcement 

mechanisms to require monitoring or testing.

40 CFR § 281.40(c) IDAPA 58.01.07.400.01 authorizes the State to inspect USTs, their equipment, their records, and 

their contents. IDAPA 58.01.07.400.03 requires inspectors to inspect records and the monitoring and testing of the USTs. 

Idaho Code § 39-108 provides the legal authority for the State to enter any site or premises subject to UST system 

regulations. 
Application for Approval of Idaho’s UST Program

26

Legal Authorities for Enforcement Response

Objective 40 CFR § 281.41

The State must have the following specific enforcement response 

authorities for State program approval:

State Rule 

Citation

(IDAPA)

State Statutory 

Citation 

(Idaho Code)

(a) Any State agency administering a program must have the authority to 

implement the following remedies for violations of State program 

requirements:

(1) To restrain immediately and effectively any person by order or by suit 

in State court from engaging in any unauthorized activity that is 

endangering or causing damage to public health or the environment;

(2) To sue in courts of competent jurisdiction to enjoin any threatened or 

continuing violation of any program requirement;

(3) To assess or sue to recover in court civil penalties as follows: 

(i) Civil penalties for failure to notify or for submitting false information 

pursuant to tank notification requirements must be capable of being 

assessed up to $5,000 or more per violation. 

(ii) Civil penalties for failure to comply with any State requirements or 

standards for existing or new tank systems must be capable of being 

assessed for each instance of violation, up to $5,000 or more for 

each tank for each day of violation. If the violation is continuous, civil 

penalties shall be capable of being assessed up to $5,000 or more for 

each day of violation.

Idaho Code 

§ 39-8811 

(Amended for 

effective date of 

March 8, 2011);

Idaho Code 

§ 39-108

(Amended for 

effective date of 

July 1, 2000);

Idaho code 

§ 39-109 

(Amended for 

effective date of 

July 1, 2000)

Notes on Objective 40 CFR § 281.41 Legal Authorities for Enforcement Response

Idaho Code § 39-8811 provides that failure to comply with the Underground Storage Tank Act, Title 39, Chapter 88, Idaho 

Code, or the “Rules Regulating Underground Storage Tank Systems,” IDAPA 58.01.07, shall be subject to enforcement 

pursuant to the enforcement provision of the Idaho Environmental Protection and Health Act, Idaho Code § 39-108, and 

monetary penalties pursuant to Idaho Code § 39-8811 (Appendix B). Idaho Code § 39-108 of the Idaho Environmental 

Protection and Health Act, provides broad legal authority for the Director to investigate, inspect, enter property, assess 
Application for Approval of Idaho’s UST Program

27

violations, commence enforcement, assess penalties, seek injunctive relief, and bring civil enforcement actions. Idaho 

Code § 39-8811 provides for monetary penalties as follows: 

 Anyone who has been determined in a civil enforcement action to have failed to comply with tank notification 

requirements, or to have submitted false information pursuant to tank notification requirements, shall be liable for 

penalties of up to $5,000 per violation. 

 Anyone who has been determined in a civil enforcement action to have failed to comply with any provisions of the 

Idaho Underground Storage Tank Act or rules promulgated pursuant to the Underground Storage Tank Compliance 

Act, or any order entered related to such violation, for existing or new tank systems, shall be liable for penalties of 

up to $5,000 for each tank for each day of violation. If the violation is continuous, the violator shall be liable for 

penalties of up to $5,000 for each day of violation. 

Idaho Code § 39-109 provides that upon request of the Director, it shall be the duty of the attorney general to institute and 

prosecute civil enforcement actions or injunctive actions as provided in Idaho Code § 39-108 and to prosecute actions or 

proceedings for the enforcement of any criminal provisions. 

40 CFR § 281.41(a)(1) Idaho Code § 39-108(8) provides that if there is an emergency that creates conditions of imminent 

and substantial danger to public health or the environment, the prosecuting attorney or the attorney general may institute 

a civil action for an immediate injunction to halt any activities creating such condition. Further, Idaho Code § 39-109

provides for authority to institute and prosecute civil enforcement actions or injunctive actions as provided in Idaho Code

§ 39-108 and to prosecute actions or proceedings for the enforcement of any criminal provisions. 

40 CFR § 281.41(a)(2) Idaho Code § 39-108(3)(b) provides that civil enforcement actions shall be commenced and 

prosecuted in the district court in and for the county in which the alleged violation occurred. 

40 CFR § 281.41(a)(3)(i) and 40 CFR § 281.41(a)(3)(ii) Idaho Code § 39-8811 mirrors the language and penalty 

assessment in 40 CFR § 281.41(a)(3)(i) and (ii).
Application for Approval of Idaho’s UST Program

28

Public Participation in Enforcement Proceedings

Objective 40 CFR § 281.42

Any State administering a program must provide for public 

participation in the State enforcement process by providing any one of 

the following three options:

State Rule 

Citation

(IDAPA)

State Statutory 

Citation 

(Idaho Code)

(a) Authority that allows intervention analogous to Federal Rule 24(a)(2), 

and assurance by the appropriate State enforcement agency that it will not 

oppose intervention under the State analogue to Rule 24(a)(2) on the 

ground that the applicant's interest is adequately represented by the State.

Idaho Rules of Civil 

Procedures 

(I.R.C.P. 24(a)).

Notes on Objective 40 CFR § 281.42 Public Participation in Enforcement Proceedings

In a civil action, anyone having an interest that is or may be adversely affected may seek intervention of right pursuant to 

Idaho Rules of Civil Procedures (IRCP) Rule 24(a) (Appendix C). The State also assures that it will not oppose 

intervention under IRCP 24(a) on the grounds that the applicant’s interest is adequately represented by the State. 

Idaho has provided opportunity for public notice and comment for development of the UST program through the 

negotiated rulemaking process. 
Application for Approval of Idaho’s UST Program

29

Underground Storage Tank Compliance Act from Energy Policy Act of 2005—Inspection Requirements

Objective: 9005(c)(1), 9005(c)(2) of the Solid Waste Disposal Act, Subtitle I (42 U.S.C. 6991d)

Section 1523 of the Energy Policy Act of 2005

Grant Guidelines to States for Implementing the Inspection Provisions of the Energy Policy Act of 

2005

State Rule 

Citation

(IDAPA)

State Statutory 

Citation 

(Idaho Code)

(a) Underground storage tanks that have not been inspected since December 

22, 1998 must have an on-site inspection conducted not later than August 8, 

2007 to determine compliance with Subtitle I and 40 CFR 280 requirements or 

requirements or standards of a state program developed under Section 9004.

Idaho Code 

§ 39-8808(1) 

(Effective 2-23-07)

(b) On-site inspections of each underground storage tank must be conducted 

at least once every three years to determine compliance with Subtitle I and 

40 CFR 280 requirements or requirements or standards of a state program 

developed under Section 9004.

Idaho Code 

§ 39-8808(2) 

(Effective 2-23-07)

(c) At a minimum, an on-site inspection must assess compliance with the 

following:

• Notification (failure to notify)

• Corrosion protection

- tanks and piping have appropriate corrosion protection

- documentation available including testing, inspections, and other records

• Overfill prevention in place and operational

• Spill prevention in place and operational

• Tank and piping release detection

- appropriate method and appropriate equipment or procedures in place

- documentation of proper monitoring and testing

• Reporting suspected releases

• Records of tank and piping repairs

• Secondary containment where required

• Financial responsibility

• Temporary closure

IDAPA

58.01.07.400.03

(Effective 4-2-08)

Idaho Code 

§ 39-8805 

(Effective 5-23-07)
Application for Approval of Idaho’s UST Program

30

Notes on Objective from the Underground Storage Tank Compliance Act from Energy Policy Act of 2005 for 

Inspection Requirements, 9005(c)(1), 9005(c)(2) of the Solid Waste Disposal Act, Subtitle I (42 U.S.C. 6991d), 

Section 1523 of the Energy Policy Act of 2005

EPA has not yet established stringency criteria in 40 CFR Part 281 for Energy Policy Act requirements. The State has 

adopted the requirements of this objective in the statutory language of Idaho Code § 39-8808(1)(2) and it should meet the 

no less stringent criterion for the Inspection Requirements Objective once it has been established by EPA. 

A Department inspector, pursuant to IDAPA 58.01.07.400.03, will assess compliance with the following:

 Notification

 Corrosion protection

 Overfill prevention in place and operational

 Spill prevention in place and operational

 Tank and piping release detection

 Reporting suspected releases

 Records of tank and piping repairs

 Secondary containment where required

 Financial responsibility

 Temporary closure

An inspection will be conducted at least once every three years and all inspections will be conducted on-site. 
Application for Approval of Idaho’s UST Program

31

Underground Storage Tank Compliance Act from Energy Policy Act of 2005—Operator Training

Objective: 9010 of the Solid Waste Disposal Act, Subtitle I (42 U.S.C. 6991i(a))

Section 1524 of the Energy Policy Act of 2005

Grant Guidelines to States for Implementing the Operator Training Provisions of the Energy Policy 

Act of 2005

State Rule 

Citation

(IDAPA)

State Statutory 

Citation 

(Idaho Code)

(a) The operator training program shall appropriately train the following 

classes of operators:

 Persons having primary responsibility for on-site operation and 

maintenance of underground storage tank systems. 

 Persons having daily on-site responsibility for the operation and 

maintenance of underground storage tank systems. 

 Daily, on-site employees having primary responsibility for addressing 

emergencies presented by a spill or release from an underground 

storage tank system. 

IDAPA 

58.01.07.300.03

(Effective 4-2-08)

Idaho Code 

§ 39-8807 

(Effective 2-23-07)

(b) The operator training program shall be consistent with 42 U.S.C. 

6991i(a)

IDAPA 

58.01.07.300.01(a) 

(Effective 4-2-08)

Idaho Code 

§ 39-8807 

(Effective 2-23-07)

(c) The operator training program shall be developed in cooperation with 

tank owners and operators

IDAPA 

58.01.07.300.01(b) 

(Effective 4-2-08)

Idaho Code 

§ 39-8807 

(Effective 2-23-07)

(d) The operator training program shall take into consideration training 

programs implemented by tank owners and operators as of August 8, 2005

IDAPA 

58.01.07.300.01(c) 

(Effective 4-2-08)

Idaho Code

§ 39-8807

(Effective 2-23-07)

(e) The operator training program shall be appropriately communicated to 

tank owners and operators

IDAPA 

58.01.07.300.01(e) 

(Effective 4-2-08)

Idaho Code

§ 39-8807

(Effective 2-23-07)

(f) All persons subject to the operator training requirements must meet the 

state-specific training requirements

IDAPA 

58.01.07.300.03

(Effective 4-2-08)

Idaho Code 

§ 39-8807 

(Effective 2-23-07)
Application for Approval of Idaho’s UST Program

32

(g) All persons subject to the operator training requirements must repeat 

applicable requirements if the tank for which they have primary daily on-site 

management responsibilities is determined to be out of compliance with a 

requirement or standard of 40 CFR 280 or a requirement or standard of a 

state program approved under Section 9004. 

IDAPA 

58.01.07.300.03(c) 

(Effective 4-2-08)

Idaho Code 

§ 39-8807 

(Effective 2-23-07)

(h) States must establish a procedure to identify individuals who are 

required to meet the operator training requirements 

IDAPA 

58.01.07.300.02 

(Effective 4-2-08)

Idaho Code 

§ 39-8807 

(Effective 2-23-07)

Notes on Objective from the Underground Storage Tank Compliance Act from Energy Policy Act of 2005 for 

Operator Training, 9010 of the Solid Waste Disposal Act, Subtitle I (42 U.S.C. 6991i(a)) Section 1524 of the Energy 

Policy Act of 2005

EPA has not yet established stringency criteria in 40 CFR Part 281 for Energy Policy Act requirements. The State has 

adopted the requirements of this objective in the statutory language of Idaho Code § 39-8807 and the rule language of 

IDAPA 58.01.07.300.01. These provisions substantially meet the requirements described by EPA in the Operator Training 

Grant Guidelines, and they will likely meet the no less stringent criteria for the Operator Training Objective once they are 

established by EPA. Specifically, IDAPA 58.01.07.300.03(c) requires owners and operators to repeat the training within 

30 days of being out of compliance. IDAPA 58.01.07.300.02 requires owners and operators to notify the Department in 

writing within 30 days of the designation of operators. IDAPA 58.01.07.300.04 requires unattended sites have a sign 

posted in a location visible from the dispensers indicating emergency shut-off procedures and emergency contact phone 

numbers.

The State’s operator training program can be found in full in the Underground Storage Tank Program Implementation 

Manual in Appendix E, but it generally consists of the following:

 The training will be provided at no-cost.

 The training will be conducted at the owner or operator’s UST site.

 The owner or operator must designate a class A, class B, and class C operator. The class A and class B operators 

must be reported to the Department within 30 days of the designation and then be trained according to their class.

o Class A operator—has primary responsibility for the UST system (i.e., the owner)

o Class B operator—has daily on-site responsibility for the UST system (i.e., the manager)

o Class C operator—has daily on-site responsibility for addressing UST emergencies (i.e., the clerk)
Application for Approval of Idaho’s UST Program

33

 The class A or B operator may train the class C operator.

 The trained operators must repeat the training within 30 days if the UST system that they have responsibility for is 

out of compliance.

 Unattended or unmanned sites simply need a sign in a visible location indicating emergency shut-off procedures 

and contact information.
Application for Approval of Idaho’s UST Program

34

Underground Storage Tank Compliance Act from Energy Policy Act of 2005—Public Record

Objective: 9002(d) of the Solid Waste Disposal Act, Subtitle I (42 U.S.C. 6991a)

Section 1526 of the Energy Policy Act of 2005

Grant Guidelines to States for Implementing the Public Record Provisions of the Energy Policy 

Act of 2005

State Rule Citation

(IDAPA)

State Statutory 

Citation 

(Idaho Code)

(a) The public record of a state must include: 

 The number, sources, and causes of underground storage tank 

releases in the state. 

 The record of compliance by underground storage tanks in the 

state with Subtitle I or a state program approved under Section 

9004 of Subtitle I. 

 Data on the number of underground storage tank equipment 

failures in the state. 

IDAPA 

58.01.07.200.01(a)(i) 

(Effective 4-2-08);

IDAPA 

58.01.07.200.01(a)(ii) 

(Effective 4-2-08);

IDAPA 

58.01.07.600.01

(Effective 4-2-08)

Idaho Code 

§ 39-8810 

(Effective 2-23-07)

(b) The State must update the public record at least annually

IDAPA 

58.01.07.600.01

(Effective 4-2-08)

Idaho Code 

§ 39-8810 

(Effective 2-23-07)

(c) Each state must develop a web site that does one of the following: 

 The public record is posted on or downloadable from the 

internet. This option may be an interactive web site that 

retrieves the information, a web site that lists the information, or 

a file that is downloadable in electronic format. 

 The web site describes how to receive an electronic copy of the 

public record (for example via e-mail). 

IDAPA

58.01.07.600.04

(Effective 4-2-08)

Idaho Code 

§ 39-8810 

(Effective 2-23-07)
Application for Approval of Idaho’s UST Program

35

Notes on Objective from the Underground Storage Tank Compliance Act from Energy Policy Act of 2005 for the 

Public Record Provisions, 9002(d) of the Solid Waste Disposal Act, Subtitle I (42 U.S.C. 6991a), Section 1526 of 

the Energy Policy Act of 2005 

EPA has not yet established stringency criteria in 40 CFR Part 281 for Energy Policy Act requirements. The State has 

adopted the requirements of this objective in the statutory language of Idaho Code § 39-8810 and the rule language of 

IDAPA 58.01.07.200.01 and IDAPA 58.01.07.600. These provisions should meet the no less stringent criterion for the

Public Record Provisions Objective once it has been established by EPA. Specifically, IDAPA 58.01.07.200.04 requires 

the reporting of the source and cause of a confirmed release to occur within 90 days of confirming the release. IDAPA 

58.01.07.600.01 requires the State to update the public record at least quarterly. IDAPA 58.01.07.600.03 allows for the 

public to petition the State to correct any inaccurate information and the State shall correct any inaccurate information 

within 30 days after verification. The database is available on the Department’s website at 

www.deq.idaho.gov/applications/ust-lust.
Application for Approval of Idaho’s UST Program

36

Underground Storage Tank Compliance Act from Energy Policy Act of 2005—Delivery Prohibition

Objective: 9012 of the Solid Waste Disposal Act, Subtitle I (42 U.S.C. 6991)

Section 1527 of the Energy Policy Act of 2005

Grant Guidelines to States for Implementing the Delivery Prohibition Provisions of the Energy 

Policy Act of 2005

State Rule 

Citation

(IDAPA)

State Statutory 

Citation (Idaho 

Code)

(a) The State must prohibit the delivery, deposit, or acceptance of product to 

an underground storage tank that has been determined to be ineligible by 

the State for such delivery, deposit, or acceptance

IDAPA 

58.01.07.500.01

(Effective 4-2-08)

Idaho Code 

§ 39-8809 

(Effective 2-23-07)

(b) The State must develop criteria for determining which underground 

storage tanks are ineligible for delivery, deposit, or acceptance of product;

IDAPA 

58.01.07.500.02

(Effective 4-2-08)

Idaho Code 

§ 39-8809 

(Effective 2-23-07)

(c) The State must develop a process for reclassifying ineligible 

underground storage tanks as eligible for delivery, deposit, or acceptance of 

product;

IDAPA 

58.01.07.500.08

(Effective 4-2-08)

Idaho Code 

§ 39-8809 

(Effective 2-23-07)

(d) The State must develop a process for providing adequate notice to 

underground storage tank owners and operators and product deliverers that 

an underground storage tank has been determined to be ineligible for 

delivery, deposit, or acceptance of product; 

IDAPA 

58.01.07.500.04

(Effective 4-2-08)

Idaho Code 

§ 39-8809 

(Effective 2-23-07)

(e) The State must delineate a process for the application of delivery 

prohibition in rural and remote areas. 

IDAPA 

58.01.07.500.09

(Effective 4-2-08)

Idaho Code 

§ 39-8809 

(Effective 2-23-07)
Application for Approval of Idaho’s UST Program

37

(f) A State must classify an underground storage tank as ineligible for 

delivery, deposit, or acceptance of product as soon as practicable after the 

state determines an underground storage tank meets one or more of the 

following conditions:

• Required spill prevention equipment is not installed;

• Required overfill protection equipment is not installed;

• Required leak detection equipment is not installed;

• Required corrosion protection equipment is not installed; or

• Other conditions a state deems appropriate.

IDAPA 

58.01.07.500.02

(Effective 4-2-08);

IDAPA 

58.01.07.500.02(a) 

(Effective 4-2-08);

IDAPA 

58.01.07.500.02(b) 

(Effective 4-2-08);

IDAPA 

58.01.07.500.02(c) 

(Effective 4-2-08);

IDAPA 

58.01.07.500.02(d) 

(Effective 4-2-08)

Idaho Code 

§ 39-8809 

(Effective 2-23-07)

(g) A State should also classify an underground storage tank as ineligible for

delivery, deposit, or acceptance of product if the owner/operator of that tank 

has been issued a written warning or citation (notice of violation or other 

form indicating a violation) under any of the following circumstances and the 

owner/operator has failed to take corrective action after a reasonable time 

frame that is determined by the state:

• Failure to properly operate and/or maintain leak detection equipment;

• Failure to properly operate and/or maintain spill, overfill, or corrosion

protection equipment;

• Failure to maintain financial responsibility;

• Failure to protect a buried metal flexible connector from corrosion; or

• Other conditions a state deems appropriate.

IDAPA 

58.01.07.500.03

(Effective 4-2-08);

IDAPA 

58.01.07.500.03(a) 

(Effective 4-2-08);

IDAPA 

58.01.07.500.03(b) 

(Effective 4-2-08);

IDAPA 

58.01.07.500.03(c) 

(Effective 4-2-08)

Idaho Code 

§ 39-8809 

(Effective 2-23-07)

(h) The State, after notification by the owner/operator that the violation(s) 

has/have been corrected, must do the following as soon as practicable:

• Confirm compliance. If any deficiencies that led to the delivery prohibition 

remain, the state must notify the owner/operator.

• Return the underground storage tank to being eligible to receive product if 

the violation(s) has/have been corrected and confirmed by the state.

IDAPA 

58.01.07.500.08

(Effective 4-2-08)

Idaho Code 

§ 39-8809 

(Effective 2-23-07)
Application for Approval of Idaho’s UST Program

38

(i) The State must make a reasonable effort to notify tank owners and/or 

operators in writing (e.g., field notification, mail, e-mail, or fax) prior to 

prohibiting the delivery, deposit, or acceptance of product. If an owner or 

operator is not present at the facility at the time the underground storage

tank is identified as ineligible, an employee at the facility at the time of 

identification (in lieu of the owner or operator) may be notified in writing prior 

to prohibiting delivery.

IDAPA 

58.01.07.500.04

(Effective 4-2-08)

Idaho Code 

§ 39-8809 

(Effective 2-23-07)

(j) The State must develop processes and procedures for notifying product 

deliverers when an underground storage tank is ineligible for delivery, 

deposit, or acceptance of product. The mechanism a state chooses for 

identifying eligible/ineligible underground storage tanks (e.g., green tags, red 

tags) may provide adequate notice to product deliverers.

IDAPA 

58.01.07.500.05

(Effective 4-2-08)

Idaho Code 

§ 39-8809 

(Effective 2-23-07)

(k) The State may only defer application of delivery prohibition for up to 

180 days after determining an underground storage tank is ineligible for 

delivery, deposit, or acceptance of product.

IDAPA 

58.01.07.500.09(a) 

(Effective 4-2-08)

Idaho Code 

§ 39-8809 

(Effective 2-23-07)

Notes on Objective from the Underground Storage Tank Compliance Act from Energy Policy Act of 2005 for 

Delivery Prohibition, 9012 of the Solid Waste Disposal Act, Subtitle I (42 U.S.C. 6991), Section 1527 of the Energy 

Policy Act of 2005

EPA has not yet established stringency criteria in 40 CFR Part 281 for Energy Policy Act requirements. The State has 

adopted the requirements of this objective in the statutory language of Idaho Code § 39-8809 and IDAPA 58.01.07.500.

These provisions should meet the no less stringent criterion for the Delivery Prohibition Objective once it has been 

established by EPA. Specifically, IDAPA 58.01.07.500.06 requires the written notice to include the following:

(a) The specific reasons or violations that led to the ineligible classification

(b) A statement notifying the owner and operator that the petroleum underground storage tank is ineligible for delivery 

and it is unlawful for any person to deliver to, deposit into, or accept a regulated petroleum substance into the 

petroleum underground storage tank

(c) The effective date the petroleum underground storage tank is deemed ineligible for delivery

(d) The name and address of the department representative to whom a written request for re-inspection can be made, 

if a re-inspection is necessary
Application for Approval of Idaho’s UST Program

39

(e) A statement regarding the right to appeal the State’s action regarding ineligible classification pursuant to IDAPA 

58.01.23, “Rules of Administrative Procedure before the Board of Environmental Quality”

(f) The option to request a compliance conference pursuant to Subsection 500.07

IDAPA 58.01.07.500.07 allows for a compliance conference if the owner or operator disagrees with the delivery 

prohibition. IDAPA 58.01.07.500.11 says a person shall not be in violation of delivery prohibition if the State fails to 

provide the notice required in IDAPA 58.01.07.500.04 and IDAPA 58.01.07.500.05. IDAPA 58.01.07.500.12 says it is 

unlawful for any person to tamper with and/or remove the delivery prohibition/red tag without the State’s approval.

The State’s delivery prohibition requirements can be found in the Underground Storage Tank Program Implementation 

Manual (Appendix E).
Application for Approval of Idaho’s UST Program

40

Underground Storage Tank Compliance Act from Energy Policy Act of 2005—Additional Measures to Protect 

Groundwater

Objective: 9003 of the Solid Waste Disposal Act, Subtitle I (42 U.S.C. 6991b)

Section 1530 of the Energy Policy Act of 2005

Grant Guidelines to States for Implementing the Secondary Containment Provisions of the Energy 

Policy Act of 2005

State Rule Citation

(IDAPA)

State Statutory 

Citation 

(Idaho Code)

(a) Each new or replaced underground tank, or piping connected to any 

such new or replaced tank, that is within 1,000 feet of any existing 

community water system or any existing potable drinking water well must 

be secondarily contained and monitored for leaks. 

IDAPA 

58.01.07.100.03(a) 

(Effective 4-2-08)

Idaho Code 

§ 39-8806 

(Effective 2-23-07)

(b) In the case of a replacement of an existing underground tank or existing 

piping connected to the underground tank, the secondary containment and 

monitoring shall apply only to the specific underground tank or piping being 

replaced, not to other underground tanks and connected pipes comprising 

such system.

IDAPA 

58.01.07.100.03(d) 

(Effective 4-2-08)

Idaho Code 

§ 39-8806 

(Effective 2-23-07)

(c) Each new motor fuel dispenser system installed within 1,000 feet of any

existing community water system or any existing potable drinking water 

well must have under-dispenser containment.

IDAPA 

58.01.07.100.03(e) 

(Effective 4-2-08)

Idaho Code 

§ 39-8806 

(Effective 2-23-07)

(d) At a minimum, secondary containment systems be designed, 

constructed, and installed to:

• Contain regulated substances released from the tank system until they 

are detected and removed,

• Prevent the release of regulated substances to the environment at any 

time during the operational life of the underground storage tank system, 

and

• Be checked for evidence of a release at least every 30 days.

IDAPA 

58.01.07.100.03(a) 

(Effective 4-2-08)

Idaho Code

§ 39-8806 

(Effective 2-23-07)

(e) Interstitial monitoring must meet the requirements of 40 CFR 280.43(g).

IDAPA 58.01.07.

010.20 (Effective 4-

2-08)

Idaho Code 

§ 39-8806 

(Effective 2-23-07)
Application for Approval of Idaho’s UST Program

41

(f) If a new underground storage tank facility will be installed that is not 

within 1,000 feet of any existing community water system or any existing 

potable drinking water well and the owner will install a potable drinking 

water well at the new facility that is within 1,000 feet of the underground 

tanks, piping, or motor fuel dispenser systems as part of the new 

underground storage tank facility installation, then secondary containment 

and under-dispenser containment are required, regardless of whether the 

well is installed before or after the underground tanks, piping, and motor 

fuel dispenser systems are installed.

IDAPA 

58.01.07.100.03(b) 

(Effective 4-2-08)

Idaho Code 

§ 39-8806 

(Effective 2-23-07)

(g) To determine if a new or replaced underground tank or piping or new 

motor fuel dispenser system is within 1,000 feet of any existing community 

water system or any existing potable drinking water well, at a minimum the 

distance must be measured from the closest part of the new or replaced 

underground tank or piping or new motor fuel dispenser system to:

• The closest part of the nearest existing community water system, 

including such components as:

- The location of the wellhead(s) for groundwater and/or the location of the 

intake point(s) for surface water;

- Water lines, processing tanks, and water storage tanks; and

- Water distribution/service lines under the control of the community water 

system operator.

- The wellhead of the nearest existing potable drinking water well.

IDAPA 

58.01.07.100.03(a) 

(Effective 4-2-08);

IDAPA 

58.01.07.010.02

(Effective 4-2-08);

IDAPA 

58.01.07.010.16

(Effective 4-2-08);

IDAPA 

58.01.07.010.14

(Effective 4-2-08)

Idaho Code 

§ 39-8806 

(Effective 2-23-07)

(h) States must have a system in place for determining when new or 

replaced underground tanks or piping or new motor fuel dispenser systems 

are not within 1,000 feet of any existing community water system or any 

existing potable drinking water well.

IDAPA 

58.01.07.100.03(c) 

(Effective 4-2-08)

Idaho Code 

§ 39-8806 

(Effective 2-23-07)

(i) States must have a system in place so they will know that secondary 

containment and under-dispenser containment are installed where required 

by these guidelines. 

IDAPA 

58.01.07.100.01

(Effective 4-2-08)

Idaho Code 

§ 39-8806

(Effective 2-23-07) 
Application for Approval of Idaho’s UST Program

42

Notes on Objective from the Underground Storage Tank Compliance Act from Energy Policy Act of 2005 for 

Additional Measures to Protect Groundwater, 9012 of the Solid Waste Disposal Act, Subtitle I (42 U.S.C. 6991b) 

Section 1530 of the Energy Policy Act of 2005

EPA has not yet established stringency criteria in 40 CFR Part 281 for Energy Policy Act requirements. The State has 

adopted the requirements of this objective in the statutory language of Idaho Code § 39-8806 and the rule language of 

IDAPA 58.01.07.100. These provisions should meet the no less stringent criterion for the Additional Measures to Protect 

Groundwater Objective once it has been established by EPA. Specifically, IDAPA 58.01.07.100.01(a) requires an owner, 

operator, or designee to notify the State 30 days prior to installing a new piping system or a new or replacement 

petroleum underground storage tank. IDAPA 58.01.07.100.01(b) requires an owner, operator, or designee notify the 

State 24 hours prior to the installation of a replacement piping system. The State has adopted the definitions in the Grant 

Guidelines To States For Implementing The Secondary Containment Provisions Of The Energy Policy Act of 2005 in 

IDAPA 58.01.07.010.
Application for Approval of Idaho’s UST Program

43

Demonstration of Adequate Enforcement Procedures

A. Procedures for Compliance Monitoring

1. Identifying the Regulated Community / Facility Notification and 

Identification

The Department of Environmental Quality’s (Department’s) authorities require 

that any owner or operator intending to install a regulated underground storage 

tank (UST) system notify the Department 30 days prior to installing the UST 

system using the Department’s version of U.S. Environmental Protection (EPA) 

form 7530-1, “Notification for Underground Storage Tanks” (Appendix D). In the 

event of replacement piping, 24-hour advance notification is required. The form 

can easily be obtained through the Department’s website, fax, email, or mail 

services, or by calling during normal Department business hours. At the time of 

this application, the Department’s UST program does not accept electronic 

submittals as described in 40 CFR Part 3.

Once the UST system is installed, Department authorities require all owners or 

operators of regulated USTs to notify the Department within 30 days of bringing 

the system into use. Notification must be done on the Department’s notification

form (Appendix D). This notification requires submission of a site diagram 

depicting the location and layout of the UST system. It also requires notification 

of secondary containment for those systems installed within 1,000 feet of a 

potable drinking water source. In comparison with EPA form 7530-1, the 

Department’s version includes more notification options and sections for release 

detection methods, corrosion systems, tank and piping materials, and fuel 

substances. The Department’s form also specifically identifies the three types of 

overfill equipment.

The Department encourages and trains UST owners and operators to notify the 

Department if there are any facility changes such as an ownership change, new 

equipment, new release detection method, or any other change affecting the 

UST system. 

A change in service is considered a permanent closure and the Department 

requires notification 30 days prior to the change in service using the 

Department’s notification form. Once the change in service has occurred, the 

Department encourages the owner or operator to again submit the form to 

identify the exact change in service dates. The owner or operator is required to 

perform a site assessment and submit the report to the Department.

Occasionally, existing regulated but unregistered UST systems are discovered 

through property transactions, anonymous citizen tips, or Department UST 

inspectors. In those circumstances, the Department contacts the property owner 

and requires immediate notification. The Department will take enforcement 

actions if the newly discovered tank does not meet the upgrade requirements. 

The Department is continuously providing technical assistance to new or 

potential owners and makes every effort to tell current owners and operators that 
Application for Approval of Idaho’s UST Program

44

if they sell their property, they need to inform the new purchaser of his or her 

UST obligations, including notification. 

2. Record Review

The Department believes the best way to achieve a high compliance rate is to 

educate the owners and operators on proper record keeping. The Department 

provides detailed record keeping training through its operator training program. 

Each facility receives a 2-inch record-keeping compliance binder, and the 

inspector assembles the binder in the field with the site-specific tabs the owner 

and/or operator needs. Owners and operators are encouraged to put their 

records behind the appropriate tab. The binder also includes tabs for 

recommended practices, such as saving installation invoices.

The Department requires owners or operators to notify the Department on the 

Department’s notification form for the following activities:

 Intention to install a new or replacement tank and/or piping (30 days prior 

notice)

 Bringing a new or replacement tank and/or piping into use (within 30 days)

 Intention to close an UST system or do a change in service (30 days prior 

notice)

The Department recommends that owners or operators notify the Department 

using the Department’s notification form for the following activities:

 Ownership changes

 Equipment changes

 Release detection method changes

 Manager/operator changes

 Fuel substance changes

 Repairs

 After an UST system closure

 Temporary closures

 New insurance mechanism

In addition to the above notifications, the Department requires the facility owner 

to designate and notify the Department within 30 days of designating class A and 

class B operator(s). When the designated and Department-trained class A and

class B operators train replacement class A and class B operators, the training 

operator is required to submit to the Department the “Operator Training 

Certification Form” (Appendix F). 

The Department has created its own forms for recording cathodic protection, line 

tightness, and line leak detector testing results (Appendix G). The forms are 

posted on the Department’s website. 

Owners and operators are required to provide their compliance records during an 

inspection or have documents readily available at an alternative site to be 

provided to the inspector upon request. If the owner or operator cannot provide 

the records upon request, the facility is subject to enforcement action(s).
Application for Approval of Idaho’s UST Program

45

If there is a suspected release from an UST system, the owner or operator is 

required to notify the Department within 24 hours. The owner or operator then 

has 7 days to investigate and confirm the release. If there is a confirmed release 

from the UST system, the owner or operator has 45 days to perform a site 

characterization and risk evaluation. Within 90 days from the confirmed release 

date, the owner/operator is required to report the cause and the source of the 

release on the “Underground Storage Tank Release Reporting Form” 

(Appendix H). If the results of the approved site characterization and risk 

evaluation process indicate that corrective action is required, a corrective action 

plan must be developed and submitted to the Department within 60 days of the 

Department’s approval. All forms are available on the Department’s website.

To assist the Department in achieving a high level of reporting by owners and 

operators, the Department communicates with the Idaho Petroleum Marketers 

and Convenience Store Association, Idaho Petroleum Storage Tank Fund, Idaho 

Association of Realtors, Idaho Fire Marshal, Idaho State Department of 

Agriculture, Idaho Small Business Association, Idaho Reuse Brownfields 

Coalition, and the Department’s internal program staff. These organizations and 

local agencies have received program literature, such as “Musts for USTs,” to 

hand out to interested tank owners.

The Department attends the annual Idaho Petroleum Marketers and

Convenience Store Association trade show, where an entire booth is dedicated 

to current UST issues.

In addition, the Department prepares mass mailings as often as necessary on 

important issues such as new rule changes, frequent inspection concerns, UST 

equipment recalls, and anything else affecting UST systems. See Appendix I for 

examples of Department mailings.

If an owner or operator fails to submit the required documents for Departmental 

review, the Department may initiate enforcement. The Department has 

developed a tiered enforcement approach, which is explained in the UST 

program implementation manual (Appendix E) and below in Part B, Procedures 

for Enforcement Response.

3. Inspections

The Department believes the best way to achieve high compliance rates is to 

educate owners and operators. The Department not only conducts inspections 

to assess compliance but also trains the owners and operators. Owners and 

operators are encouraged to call their local inspector as often as they need to get 

their compliance questions answered.

The Department utilizes a periodic and random inspection program. When this 

inspection program identifies facilities with compliance challenges, the 

Department increases its inspection frequencies accordingly. The Department 

has statutory authority to enter and inspect UST facilities. Consistent with the 

UST Compliance Act of 2005, each facility is required to be inspected every 

3 years. The Department makes sure each facility is inspected every 3 years by 
Application for Approval of Idaho’s UST Program

46

keeping an electronic report in the UST/LUST database that lists the last date 

each facility was inspected. The inspectors use this report when scheduling UST 

facility inspections. The report lists the facility with the oldest inspection date first 

so that it is visited before those facilities with a more recent inspection date. This 

strategy allows for a systematic and consistent method for inspectors to schedule 

inspections.

Inspectors also attend all UST installations and closures that the Department has 

been notified about. Owners and operators are required to notify the Department 

30 days prior to a new installation or a closure on the Department’s notification

form. The form is turned in to the Department’s state office, which then contacts 

the local regional inspector and informs him or her that an installation or closure 

is occurring. The form stipulates that if the dates change, the Department must 

be notified. The Department UST inspector also takes Global Positioning 

System (GPS) coordinates of the site at the time of installation; that information is 

entered into the Department’s UST/LUST database. 

New Department inspectors are trained by the Department’s state office. The 

training includes researching Department and EPA literature on USTs, reviewing 

Department and EPA records, receiving instruction on the UST/LUST database, 

and attending meetings with other inspectors. The new inspector then spends 

time with experienced UST staff conducting on-site inspections. New inspectors 

undergo additional trainings with other experienced inspectors to help maintain 

consistency amongst the inspectors. 

The inspectors use an electronic inspection application when conducting UST 

inspections (Appendix J). Inspectors are required to document and take 

photographs of the UST facility if violations are encountered to aid in any 

potential enforcement proceedings. In addition to photographs, the inspectors 

are required to take the latitude and longitude of each UST facility. The 

geographic coordinates of all UST facilities are recorded in the Department’s 

UST/LUST database. If a new UST site goes into operation, the local UST 

inspector attends the installation and takes the latitude and longitude coordinates 

at that time. 

Inspectors are encouraged to conduct the UST inspection in a manner that is 

efficient to them, but the general procedure consists of the following steps:

1. Schedule a convenient time with the owner and/or operator. Tell the 

owner and/or operator that the training and inspection will require 4 hours 

of uninterrupted time. Tell the owner and/or operator which documents to 

have ready and to have dispenser keys and any locked sumps and fill 

pipes unlocked.

2. Give the owner and/or operator a reminder call the day before the 

inspection.

3. Once on-site, start with introductions and show inspector credentials 

(Appendix K).

4. Ask the owner and/or operator for the facility records and review them to 

get an idea of what to expect when conducting the physical inspection.
Application for Approval of Idaho’s UST Program

47

5. After the records review, begin the training by leading the owner and/or 

operator through the physical inspection. Show the owner and/or operator 

all of the equipment at the UST facility, including equipment that is not 

regulated, such as dispensers. Train the owner and/or operator on this 

equipment.

6. After the physical inspection, verbally go over any compliance issues.

7. Print out a site-specific facility management plan, which lists the 

equipment at the facility and what needs to be done with that equipment to 

achieve or maintain compliance. It also lists recommended practices. 

The owner and/or operator can use the management plan to conduct his 

or her own inspections/audits on a more frequent basis. An example 

management plan can be found in Appendix L. Review the management 

plan with the owner and/or operator. 

8. Provide the owner and/or operator with a record-keeping binder that 

contains operation and maintenance information on the site-specific 

equipment as well as places to store records.

9. Provide the owner and/or operator with the operator quiz, which tests 

understanding of the records and equipment at the owner/operator’s

specific facility. If the owner or operator passes the quiz, he or she 

becomes a certified operator and receives a certificate. If he or she fails, 

retraining will take place until he or she can pass.

10.Conclude the inspection with a compliance discussion. If there are 

compliance deficiencies, issue a warning or notice of violation(s) 

depending on the nature of the deficiency. 

For those facilities where Department inspectors indentified ongoing compliance 

challenges, the Department conducts inspections more often than every 3 years. 

Each inspector determines which facilities need additional support and maintains 

lists and schedules for these facilities. For example, some facilities are located 

on Idaho’s Rathdrum Prairie sole source aquifer and may receive more frequent 

inspections due to the sensitivity of this water supply. Inspectors will return to the 

facility as often as needed to make sure the appropriate records are being kept. 

If periodic, random, or frequent inspections are not achieving the required 

compliance level, the Department has the capacity to initiate enforcement. The 

Department has developed a tiered enforcement approach, which is explained in 

the UST program implementation manual (Appendix E) and below in Part B, 

Procedures for Enforcement Response.

4. Public Reporting

The Department’s website lists the contact information for the two central UST 

staff on the UST/LUST homepage (www.deq.idaho.gov/storage-tanks). The 

website encourages the public to call with any questions and to call for any 

suspected releases. It is the Department’s policy to respond to any citizen 

complaint.

As stated in each facility’s management plan, the regulated public is directed to 

call the Department’s regional inspector to report suspected releases and 
Application for Approval of Idaho’s UST Program

48

potential violations. Each facility receives a management plan and one-on-one 

site-specific training on the plan.

The Department communicates with, among others, the Idaho Petroleum 

Marketers and Convenience Store Association, Idaho Petroleum Storage Tank 

Fund, Idaho Association of Realtors, Idaho Fire Marshall, Idaho State 

Department of Agriculture, Idaho Small Business Association, Idaho Reuse 

Brownfields Coalition, individual owners and operators, and the Department’s 

internal program staff. 

The Department attends the annual Idaho Petroleum Marketers and 

Convenience Store Association trade show, where an entire booth is dedicated 

to current UST issues. The Department answers question and provides 

resources to petroleum marketers. When requested, the Department makes a 

presentation for the Idaho Association of Realtors. From time to time, the 

Department will speak at other corporate or state events. For example, in 2010 

the Department made a presentation at the Idaho Transportation Department’s 

Annual Hazardous Waste Seminar, where we discussed the procedures for 

handling an unregistered UST discovered during construction.

The Department also prepares mass mailings to all registered facilities as often 

as necessary on important issues such as new rule changes, frequent inspection 

concerns, UST equipment recalls, and anything else affecting UST systems. 

See Appendix I for examples of Department mailings.

5. Data Maintenance

The Department’s UST inventory is a web-based database called the UST/LUST 

database. For an example facility from the database, see Appendix M. The 

Department has maintained UST facility information since 1985. The database 

includes all the information contained on the Department’s notification form, 

“Notification for Underground Storage Tanks,” as well as information on 

inspection results, enforcement actions, operator training, and Energy Policy Act 

(2005) requirements, such as those facilities that are within 1,000 feet of a 

drinking water source. The database also has a leaking underground storage 

tank (LUST) section where staff records the source, cause, and size of the 

release, impacted receptors, and the site cleanup progress. 

The database allows queries in the form of reports for effective compliance 

monitoring. The database currently generates 18 reports. The database also 

generates reports specifically for EPA reporting purposes. Some of these reports 

can be accessed online by EPA without contacting Department staff.

The database is used and updated daily by all UST staff. Oftentimes when UST 

staff receive a phone call, they verify UST facility information with the owner or 

operator and make any needed changes in the database. Each time an UST 

inspector conducts an inspection, the inspector verifies that specific facility’s 

database information, notes any changes, and makes the changes to the 

database in the field via the inspection application (Appendix J). When the 

inspection is finished, it is sent electronically to the Department’s UST/LUST 
Application for Approval of Idaho’s UST Program

49

database, where the database is automatically updated with the current sitespecific information. At the same time, copies of the inspection report and 

enforcement action letter, if necessary, are posted directly into the database. If 

there are alleged violation(s), the state office performs a review and ensures any 

associated enforcement action(s) are consistent with the Underground Storage 

Tank Program Implementation Manual (Appendix E). 

The database and reports are also available on the Department’s website so the 

public can view UST and LUST information. The UST/LUST database is 

available at www.deq.idaho.gov/applications/ust-lust. There are also links to the 

database from the UST/LUST homepage (www.deq.idaho.gov/storage-tanks). 

The UST/LUST homepage describes what an underground storage tank is, when 

it is regulated, what regulations need to be followed, what happens if it leaks, and 

other commonly asked questions. The UST/LUST homepage also provides 

technical assistance on unregulated tanks such as home heating-oil tanks. The 

Department’s notification form, “Notification for Underground Storage Tanks,” can 

be found on this web page, as well as other forms for reporting the source and 

cause of releases and the Energy Act Public Record report. The Department has 

created a service provider directory and posted it on the website. The service 

provider directory is a phonebook list of service providers who perform 

installation, maintenance, and/or closure on UST systems. The UST/LUST 

homepage also provides links to websites such as the U.S. EPA Office of 

Underground Storage Tanks and the Idaho State Treasurer’s Office for small 

business loans.

B. Procedures for Enforcement Response

The Underground Storage Tank Program Implementation Manual (Appendix E) is 

the Department’s internal manual for ensuring statewide consistency in the UST 

program. It explains how to train owners and operators, assess compliance, and 

administer enforcement actions. It is intended to assist Department personnel in 

ensuring that all owners and operators are trained on the UST requirements for 

their facilities; inspections are conducted in a fair and consistent manner; 

enforcement actions are fair and consistent and are appropriate for the violation 

committed; that persons are deterred from committing violations; and that 

compliance is achieved. 

The Department’s goal is to properly train operators on UST equipment, 

operation, and maintenance so they prevent and detect releases to the 

environment. The Department believes proper training will help to achieve 

voluntary compliance. However, voluntary compliance is not always effective, so 

the Department does have the authority to pursue enforcement against any 

owner or operator who is in violation of state statutes or rules pursuant to the 

Idaho Environmental Protection and Health Act (EPHA) (Idaho Code §§ 39-101 

through 39-130) (Appendix B); the Idaho Underground Storage Tank Act (USTA) 

(Idaho Code Title 39, Chapter 88) (Appendix B); the “Rules Regulating 

Underground Storage Tank Systems” (IDAPA 58.01.07) (Appendix A); and the 

“Water Quality Standards” (IDAPA 58.01.02) (Appendix A). 
Application for Approval of Idaho’s UST Program

50

The Department uses a tiered enforcement approach consisting of the following 

actions presented in increasing levels of severity:

 Informal warning

 Formal warning

 Field notice of violation

 Delivery prohibition (red tag)

 Administrative enforcement

 Civil enforcement 

The Department’s state office case manager, in coordination with the regional 

office inspector, processes all formal enforcement actions to ensure statewide 

consistency and compliance. 

1. Inspections

Inspections are conducted at least once every 3 years by trained field inspectors. 

Inspections remain consistent due to adherence to the Underground Storage 

Tank Program Implementation Manual (Appendix E). Inspectors also attend 

routine trainings. Trainings are conducted by the Department’s state office staff 

as well as outside instructors.

Enforcement actions are the result of noncompliance by a facility. The 

Department has broad statutory authority (Idaho Code §§ 39-108(2) and 39-8808

[Appendix B]) to enter, inspect, and review the records of UST facilities. If an 

owner or operator fails to allow access to the UST system or records, the facility 

fails the inspection and enforcement actions are taken. 

The inspectors use an electronic inspection application when conducting UST 

inspections (Appendix J). Inspectors are required to take photographs of the 

UST facility if violations are encountered for documentation in an enforcement 

proceeding. When the inspection is finished, the inspection is sent electronically 

to the Department’s UST/LUST database, where the database is automatically 

updated with the current site-specific information. At the same time, copies of 

the inspection report (Appendix N) and enforcement action (Appendix O) are 

posted directly into the database. The state office reviews the alleged 

violation(s) and ensures any associated enforcement action(s) are consistent 

with the Underground Storage Tank Program Implementation Manual 

(Appendix E). 

Department inspectors are trained to recognize that when conducting

inspections, taking samples, or gathering other information, the evidence 

gathered may eventually end up in a court proceeding; thus, the procedures 

followed must be conducted in a manner that will produce evidence admissible in 

an enforcement proceeding or court action. The inspectors receive regular 

Departmental training by the Department’s attorney general staff as well as 

managers and supervisors regarding evidence collection, inspections, and 

enforcement procedures. The inspectors also follow the guidance in the 

Enforcement Procedure Manual, specifically, Section 2: “Writing the Inspection 

Report,” which describes the basic premise that any inspection may result in 
Application for Approval of Idaho’s UST Program

51

enforcement or litigation and how to gather information to support enforcement 

proceeding. Section 2.4 of the Department’s Enforcement Procedures Manual

describes the procedure to gather supporting documentation, such as 

photocopies, during inspections; proper chain of custody; and procedures for 

collecting samples or other information gathered during an inspection. Section 

2.4 of the Enforcement Procedures Manual references and instructs Department 

inspectors to follow chain-of-custody procedures according to EPA Order 5360.1 

(now CIO 2105.0) when collecting samples (Appendix P). Appendix Q provides a 

copy of the Department’s chain of custody form.

2. Warnings

The Department’s informal enforcement response consists of informal and formal 

warnings. Informal enforcement is preferred because it is initiated at the time of 

the facility’s operator training and facility inspection, giving the owner and 

operator an opportunity for voluntary compliance. At the training and inspection 

visit, all facilities receive a management plan and a supplemental compliance 

information binder that specifies what is required to comply with UST 

requirements. See Appendix L for a sample of a facility management plan. 

Typically, enforcement actions will only be initiated if the required duties specified 

in the site-specific management plan and supplemental compliance information 

binder are not being followed. For additional information about enforcement, see 

the Underground Storage Tank Program Implementation Manual (Appendix E). 

a. Informal Warnings

Informal warnings are recommended in the majority of cases, especially for firsttime violators. Informal warnings are given at the time of the inspection for firsttime violations and are documented on the enforcement form. See Appendix O

for an example of the Department’s enforcement action. Informal warnings are 

discussed with the owner and/or operator, who also receives a copy of the 

informal warning. Informal warnings are for minor issues such as missing 

1 month of leak detection records because the tank was not full enough to 

conduct the test. If, during the next inspection, the problem leading to an 

informal warning is still present, a formal warning can be issued. For more 

information about informal warnings, see the Underground Storage Tank 

Program Implementation Manual (Appendix E). 

b. Formal Warnings

Formal warnings are given at the time of inspection for a major first-time violation 

or a repeat violation (noted in a previous informal warning) that has not been 

corrected, although a more formal response occurs in situations where there is 

substantial risk to human health and the environment. Formal warnings are 

issued at the facility at the time of inspection via the enforcement form 

(Appendix O). Formal warnings need to be signed by the UST owner or 

operator, who also receives a copy of the form. Follow-up is done by the 

inspector. 
Application for Approval of Idaho’s UST Program

52

After the written formal warning is issued, the Department determines a time 

period of 30, 60, or 90 days (depending on the nature of the violation) for the 

facility to come back into compliance. If compliance cannot be achieved within 

the chosen timeframe, an extension may be granted if the reason for the delay is 

documented and approved by the inspector. If compliance is not achieved within 

the chosen timeframe and an extension is not granted, a field notice of violation 

(FNOV) may be issued. For more information about formal warnings, see the 

Underground Storage Tank Program Implementation Manual (Appendix E). 

3. Expedited Enforcement (Field Citation)

Field Notices of Violation(s)

An FNOV is a ticket-style citation that specifies which violation(s) occurred at the 

facility and the associated penalty dollar amount(s). The Department uses the 

Office of Solid Waste and Emergency Response (OSWER) directive 9610.16—

Guidance on Federal Field Citation Enforcement October 6, 1993, as revised

April 6, 2010—to determine the penalty dollar amount, which ranges from $70 to 

$420. A list of selected violations and associated penalty amounts can be found 

in Appendix G of the Underground Storage Tank Program Implementation 

Manual (Appendix E). 

Violations appropriate for FNOVs are those which are clear-cut and easily 

verifiable (i.e., "either they have it or they do not") and violations that are easily 

correctable. When inspectors make the decision to issue an FNOV, they 

consider the following factors:

1. Good faith efforts to comply 

2. Degree of willful, negligent, or unavoidable nature of a violation 

3. Extent of deviation from the requirements

4. Potential for harm 

5. History of noncompliance

6. Additional relevant factors 

Examples and considerations for each of these factors are as follows: 

1. Good faith efforts to comply

 Maintaining a well-organized management binder with a management 

plan

 Having trained class A, B, and C operators

 Performing routine nonrequired maintenance on the UST system

 Performing any action that goes above and beyond the compliance 

requirements

2. Degree of willful, negligent, or unavoidable nature of a violation

 Extent of the alleged violator’s direct or indirect control over the events 

resulting in the violation(s)

 The foreseeability of the events resulting in the violation(s)

 Whether the alleged violator took reasonable precautions to prevent the 

events constituting the violation(s)
Application for Approval of Idaho’s UST Program

53

 Whether the alleged violator promptly reported the noncompliance to the 

Department

 Whether the alleged violator knew, or should have known, of the 

violation(s)

3. Extent of deviation from the requirements

 Length of time not in compliance

 Extent of compliance (i.e., partial or full noncompliance). Examples include

the following scenarios:

 Not having proof of insurance but having coverage versus not having 

any insurance at all

 Not having paperwork versus not even having a printer

4. Potential for harm

 If human life or health is potentially threatened by the violation

 If any environmental media is potentially threatened by the violation

 Any adverse effect the noncompliance may have on the statutory or 

regulatory purposes or procedures for implementing the UST program

5. History of noncompliance

 The existence of prior UST violation(s) may be used to support issuing a 

field notice of violation (FNOV). Greater support is built when the prior 

violation(s):

 Resulted in a civil or criminal enforcement action.

 Resulted in a warning or FNOV.

 Was (were) documented on a prior inspection form.

6. Additional relevant factors to consider include:

 Similarity of the alleged violation to a previous violation.

 The number of previous violations.

 Recentness of the previous violation(s).

 The alleged violator’s efforts and success in correcting the previous 

violation(s).

FNOVs will be issued using the enforcement form (Appendix O). The FNOV 

needs to be signed by the UST owner or operator and a copy of the form left with 

the owner or operator. If the FNOV is issued from the office, the FNOV must be 

sent through certified mail. A copy of the FNOV, along with any photo 

documentation and a summary of the violations, must be sent to the 

Department’s case manager for follow-up. 

The FNOV will provide a specified time period, depending on the nature of the 

violation, during which the facility must come back into compliance. If compliance 

is achieved at the end of this time period, the Department’s inspector and case 

manager have the option to waive the penalty. If compliance cannot be achieved 

within the time period, an extension may be granted if the reason is documented 
Application for Approval of Idaho’s UST Program

54

and approved by the case manager. If compliance is not achieved within the 

time period and an extension was not granted, the facility may be referred for 

further formal enforcement. 

FNOV penalty payments can be waived by the case manager if the owner or 

operator has shown good faith efforts to remedy the violation(s) or if the UST 

inspector who issued the FNOV makes a recommendation to do so. 

4. Formal Enforcement 

In some instances, training and the supplied management plan may not be 

sufficient to deter noncompliance. In these instances, enforcement may become 

necessary to eliminate the potential for harm to human health and the 

environment. The Department’s formal enforcement responses consist of 

FNOVs, red tags, administrative enforcement, and/or civil enforcement. The 

Department can take a tiered enforcement action approach, as described below, 

or can go directly to district court for a civil enforcement action as provided in 

Idaho Code § 39-108(3)(b). For more information about formal enforcement, see 

the Underground Storage Tank Program Implementation Manual (Appendix E). 

If an owner or operator is unresponsive to an FNOV, the case manager will 

consult with the inspector who initiated the FNOV to determine which next course 

of action is most appropriate for the violation(s). For example, delivery 

prohibition will not be effective for tanks that are temporarily out of use. If an 

owner or operator has been unresponsive to several FNOVs, a civil action may 

be more effective. The Department is not required to initiate or prosecute an 

administrative action before initiating a civil enforcement action.

The process to initiate enforcement beyond an FNOV is similar to the referral 

process used in the LUST program. An enforcement case referral package, 

which explains why the facility requires formal enforcement, must be filled out by 

the inspector or case manager (Appendix R). If filled out by the inspector, the 

referral package is sent to the case manager, who works with the Attorney 

General’s Office and the Department’s Director to decide the appropriate actions 

to take. A referral package is either initiated for delivery prohibition (red tag), 

administrative enforcement, and civil enforcement.

a. Delivery Prohibition (Red Tag)

The Department must classify an UST ineligible for delivery, deposit, or 

acceptance of product when one or more of the following conditions exist: 

 Required spill prevention equipment is not installed

 Required overfill protection is not installed

 Required leak detection equipment is not installed

 Required corrosion protection equipment is not installed

The Department may classify an UST ineligible for delivery, deposit, or 

acceptance of product when one or more of the following conditions exist:

 Lack of financial responsibility (only after a formal warning or FNOV has 

been issued and ignored)
Application for Approval of Idaho’s UST Program

55

 Failure to properly operate or maintain leak detection equipment (only 

after an FNOV has been ignored)

 Failure to properly operate or maintain spill, overfill, or corrosion protection 

equipment (only after an FNOV has been ignored)

 Failure to correct violations within 30 days of receiving an FNOV for which 

an extension was not granted or an extension was exceeded without 

compliance

 Failure of the alleged violator to sign an FNOV 

 Noncompliance following a warning or FNOV 

The Department Director may only delay classifying an UST as ineligible for 

delivery for up to 180 days if such a delay is in the best interest of the public. 

When a tank is to be classified as ineligible for delivery, deposit, and acceptance 

of product, the following process is followed:

1. The case manager prepares and sends out (by certified mail to the last 

known address of the owner or operator) a written notice explaining the 

reason(s) for the delivery prohibition.

2. The case manager supplies the UST inspector with a red tag.

3. The UST inspector notifies the owner or operator by personally delivering 

the notice to the owner or operator or clearly posting the notice at a public 

entrance to the facility.

4. The UST inspector physically attaches the supplied red tag(s) to the fill 

pipe of the ineligible tank(s).

5. The case manager publicizes the ineligible tank(s) on the “Do Not Fill” list 

posted on the Department’s website.

b. Administrative Enforcement

An administrative enforcement action is initiated by a notice of violation (NOV). 

As provided in Idaho Code §§ 39-108(3)(a) and 39-8811, the NOV identifies the 

alleged violation with specificity, specifies each provision of the act or rule that

has been violated, and states the claimed amount of the civil penalty the 

owner/operator is liable for each alleged violation. 

c. Civil Enforcement

If the Department and the alleged violator cannot reach agreement on an 

administrative enforcement consent order within 60 days after the receipt of the 

NOV or if the recipient does not request a compliance conference, the 

Department may commence and prosecute a civil enforcement action. The 

Department can initiate a civil enforcement action without initiating an 

administrative action first. 

As provided in Idaho Code § 39-108(3)(b), enforcement actions shall be 

commenced and prosecuted in the district court and for the county in which the 

alleged violation occurred and may be brought against any person who is alleged 

to have a violation of the above mentioned statutes or rules or orders issued 

pursuant to those rules or statutes. The action may be brought to compel 

compliance with any provision of the above mentioned statutes or rules and for 
Application for Approval of Idaho’s UST Program

56

any relief or remedies authorized. Idaho Code § 39-108 does not contain any 

requirement that a violation be knowing or willful prior to imposing a penalty, 

although the Department will consider the nature of the violation and the 

owner’s/operator’s conduct when assessing the penalty.

In a civil enforcement action for these above mentioned statute or rule violations, 

the “preponderance of the evidence” standard controls, with the burden of proof 

falling on the party that is asserting a claim (Ebert v. Newton, 97 Idaho 418, 546 

P.2d 64 [1976] [plaintiff bears burden of persuasion by preponderance of 

evidence on all necessary elements of cause of action], Appendix S). 

5. Compliance Conference and Consent Order

If an alleged violator disagrees with an FNOV or administrative enforcement 

action, he or she has the right to request a compliance conference in accordance 

with Idaho Code § 39-108(3)(a) and IDAPA 58.01.07.500.07, “Rules Regulating 

Underground Storage Tank Systems.” The alleged violator must contact the 

Department within 15 days of the receipt of the FNOV or administrative 

enforcement, and the conference shall be held within 20 days unless the 

Department and the alleged violator agree on a later date. The compliance 

conference provides an opportunity for the alleged violator to explain the 

circumstances of the alleged violation and to present a proposal for remedying 

the damage caused by the alleged violation and ensuring future compliance. 

If the alleged violator and the Department agree on a plan to remedy damage 

caused by the alleged violation and to ensure future compliance, they enter into a 

consent order formalizing the agreement (see Idaho Code § 39-108(3)(a)(iv) and 

(v)). The consent order may include a provision providing a payment of any 

agreed civil penalty. The consent order is effective immediately upon signing by 

both parties and precludes any civil enforcement action for the same alleged 

violation. If a party does not comply with the terms of the consent order, or if the 

parties cannot reach agreement on the terms of the consent order, the 

Department may pursue a civil action in district court for specific performance of 

the consent order and/or any other relief allowed in the Idaho EPHA (Idaho Code 

Title 39, Chapter1), the Idaho Underground Storage Tank Act (Idaho Code 

Title 39, Chapter 88), and any other remedy as provided in law (Appendix B). 

6. Penalties

Idaho Code § 39-8811 provides for monetary penalties in civil enforcement 

actions for violation(s) of the Idaho Underground Storage Tank Act or rules 

promulgated pursuant to the Underground Storage Tank Compliance Act 

(USTCA) to be assessed against the violator, or the violator shall be sued to 

recover in court as follows: 

 Anyone who has been determined in a civil enforcement action to have 

failed to comply with tank notification requirements, or to have submitted 

false information pursuant to tank notification requirements, shall be liable 

for penalties of up to $5,000 per violation. 
Application for Approval of Idaho’s UST Program

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 Anyone who has been determined in a civil enforcement action to have 

failed to comply with any provisions of Idaho Underground Storage Tank 

Act or rules promulgated pursuant to USTCA, or any order entered related 

to such violation, for existing or new tank systems, shall be liable for 

penalties of up to $5,000 for each tank for each day of violation. If the 

violation is continuous, the violator shall be liable for penalties of up to 

$5,000 for each day of violation. 

When the Department evaluates the amount of violation to be assessed, it will 

utilize the Hazardous Waste Management Act (HWMA) Civil Penalty Policy, with 

some minor deviations due to the difference in allowable civil penalty amounts for 

the State of Idaho (Appendix T). The Hazardous Waste Management Act 

(HWMA) allows for a maximum of $10,000 per day, per violation, so when the 

Department utilizes the Hazardous Waste Management Act (HWMA) Civil 

Penalty Policy, it will reduce all amounts listed in the policy by half. The revised 

matrix will be as follows:

Extent of Deviation from Requirement

Major Moderate Minor

Potential For Harm

Major $5,000 to $4,000 $3,999 to $3,000 $2,999 to $2,200

Moderate $2,199 to $1,600 $1,599 to $1,000 $999 to $600

Minor $599 to $300 $299 to $100 $99 to $0

The imposition or computation of monetary penalties may take into account the 

seriousness of the violation, good faith efforts to comply with the law, and an 

enforceable commitment by the person against whom the penalty is directed to 

implement a supplemental environmental project. In lieu of monetary penalties, 

the Department may allow the violator to implement a supplemental 

environmental project as provided in Idaho Code § 39-108(5)(b). A supplemental 

environmental project is a project that the person is not otherwise required to 

perform and that prevents pollution, reduces the amount of pollutants reaching 

the environment, contributes to public awareness of environmental matters, or 

enhances the quality of the environment. In evaluating a particular supplemental 

environmental project proposal, preference may be given to those projects with 

an environmental benefit that relates to the violation or the objectives of the 

underlying statute or rule that was violated or that enhances the quality of the 

environment in the general geographic location where the violation occurred. 

The Department’s guidance document on supplemental environmental projects is 

in Appendix U. 
Application for Approval of Idaho’s UST Program

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Idaho Code § 39-108(6) provides that, in addition to civil penalties, the violator 

who has been determined to have violated the statutes or rules shall be liable for 

any expense incurred by the State in enforcing the EPHA (Idaho Code §§ 39-101 

through 39-130) or in enforcing or terminating any nuisance, source of 

environmental degradation, cause of sickness, or health hazard. Any expenses 

incurred include out-of-pocket costs incurred by the Department in its 

enforcement activities. In Idaho Dep’t of Health & Welfare v Southfork Lumber 

Co., 123 Idaho 146, 845 P2d 564 (1993), the Idaho Supreme Court interpreted 

Idaho Code § 39-108(6) stating that it is “clear that an award of expenses under 

EPHA is mandatory and unqualified, stating that a person who violates the Act 

‘shall be liable for any expense’” (Appendix S).

Idaho Code § 39-108(8) provides that if there is an emergency that creates

conditions of imminent and substantial danger to public health or the 

environment, the prosecuting attorney or the attorney general may institute a civil 

action for an immediate injunction to halt any activities creating such condition. 

In such an action, the court may issue an ex parte restraining order.

Finally, Idaho Code § 39-109 provides that upon request of the Department 

Director, the attorney general has the duty to prosecute actions or proceedings 

for the enforcement of any criminal provisions of the EPHA. The attorney general 

may delegate the authority and duty under this section to prosecute criminal 

actions to the prosecuting attorney of the county in which such a criminal action 

may arise. 
59

Memorandum of Agreement 

Between the

U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION 10 and the 

IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY 

For the Activities of the 

UNDERGROUND STORAGE TANK PROGRAM

I. GENERAL

This Memorandum of Agreement (hereinafter "Agreement") establishes policies, 

responsibilities, and procedures pursuant to 40 CFR Part 281 for the State of 

Idaho's Underground Storage Tank Program (hereinafter "State Program") 

approved under Section 9004 of Subtitle I of the Resource Conservation and 

Recovery Act (hereinafter "RCRA" or "the Act") 42 USC 6991 et seq., as 

amended, and the United States Environmental Protection Agency (hereinafter 

"EPA") regional office for Region 10. This Agreement further sets forth the 

manner in which the State and EPA will coordinate in the State's administration 

of the State program.

This Agreement is entered into by the Director of the Idaho Department of 

Environmental Quality (hereinafter "Director") and the Regional Administrator, 

EPA Region 10 (hereinafter "Regional Administrator" or "EPA"). 

Nothing in this Agreement shall be construed to restrict in any way EPA's 

authority to fulfill its oversight and enforcement responsibilities under Subtitle I of 

RCRA. Nothing in this Agreement shall be construed to contravene any provision 

of 40 CFR Parts 280 and 281.

The parties will review the Agreement jointly at least once every three years. This 

Agreement may be modified upon the initiative of either party in order to ensure 

consistency with State program modifications made or for other purposes 

mutually agreed upon. Any revisions or modifications must be in writing and must 

be signed by the Director and the Regional Administrator.

This Agreement will remain in effect until such time as State program approval is 

withdrawn by or is voluntarily transferred to EPA according to the criteria and 

procedures established in 40 CFR §§ 281.60 and 281.61.

This Agreement shall be executed by the Director and the Regional Administrator 

and shall become effective at the time the State's approval takes effect, which 

shall be the effective date of the approval as specified in the Federal Register

notice announcing EPA's final decision to grant approval to the State.
60

II. POLICY STATEMENT

Each of the parties to this Agreement is responsible for ensuring that its 

obligations under Subtitle I of RCRA are met. Upon award of final approval by 

EPA, the State assumes primary responsibility for implementing the Subtitle I 

Underground Storage Tank Program within its boundaries. EPA retains its 

responsibility to ensure full and faithful execution of the requirements of Subtitle I 

of RCRA, including direct implementation in the event the State is unwilling or 

unable to act. The Director and the Regional Administrator agree to maintain a 

high level of cooperation and coordination between their respective staffs in a 

partnership to ensure successful and effective administration of the State 

program.

EPA assumes a management role upon granting final approval to the State. EPA 

will review the State program in order to assist the State in implementing its 

program; to allow EPA to report to the President, the Congress, and the public on 

the achievements of the underground storage tank program; and to encourage 

the State and EPA to agree on desirable technical support and targets for joint 

efforts to prevent and mitigate environmental problems associated with improper 

management of underground storage tanks. Management will be accomplished 

by EPA through written reporting requirements, compliance and enforcement 

overview, and annual review of the State's program.

III. STATE PROGRAM REVIEW

The Regional Administrator will assess the State administration and enforcement 

of the underground storage tank program on a continuing basis for stringency 

with Subtitle I requirements, with this Agreement, and with all applicable Federal 

requirements and policies and for adequacy of enforcement. This assessment 

will be accomplished by EPA review of information submitted by the State in 

accordance with this Agreement and annual review of State program activities. 

The Regional Administrator may also consider, as part of this regular 

assessment, written comments about the State's program administration and 

enforcement that are received from regulated persons, the public, and Federal, 

State, and local agencies. Copies of any such comments received by the 

Regional Administrator will be provided to the State.

To ensure effective program review, the State agrees to allow EPA access to all 

files and other information requested by the Regional Administrator and deemed 

necessary for reviewing State program administration and enforcement.

Review of Department files may be scheduled at quarterly intervals. Program 

review meetings between the Director and the Regional Administrator or their 

assignees will be scheduled at reasonable intervals not less than annually to 

review specific operating procedures and schedules, to resolve problems, and to 

discuss mutual program concerns. These meetings will be scheduled at least 
61

15 days in advance unless agreed to differently. A tentative agenda for the 

meeting will be prepared by EPA.

IV. INFORMATION SHARING

A. General

As the national underground storage tank program matures, the respective roles 

and responsibilities in this State/Federal partnership will become more refined. 

As the respective information needs of the State and EPA evolve, changes to this 

section of the Agreement may be appropriate. During the annual review of this 

Agreement, the Director and Regional Administrator will carefully examine the 

following information-sharing provisions for necessary revisions.

B. EPA

1. EPA will keep the State informed of the content and meaning of Federal 

statutes, regulations, guidelines, standards, policy decisions, directives, 

and any other factors that affect the State program. EPA will also provide 

general technical guidance to the State. EPA will share with the State any 

national reports developed by EPA from the data submitted through State 

reporting requirements.

2. EPA will make available to the State other relevant information as 

requested that the State needs to implement its approved program.

3. EPA will allow the State to submit comments on proposed national 

legislation affecting the State program.

C. State

1. The State agrees to inform the Regional Administrator of any proposed or 

adopted program changes that would affect the State's ability to 

implement the approved program. Program changes of concern include 

modification of the State's legal authorities (for example, statutes, 

regulations, and judicial or legislative actions affecting those authorities);

modifications of memoranda of agreement or understanding with other 

agencies; and modifications of resource levels (for example, available or 

budgeted personnel and funds). The State recognizes that program 

revisions must be made in accordance with the provisions of 

40 CFR Part 281.

2. The State will provide compliance monitoring and enforcement information 

to the Regional Administrator, as specified in the annual grant guidance, 

on a semi-annual basis. The State agrees to provide EPA with copies of 

reports on data resulting from any compliance inspection and subsequent 

enforcement actions, if EPA requests such copies. EPA will give the State 

at least 14 days notice if they require such records.
62

3. If the State issues variances, it will do so in a manner that is no less 

stringent than the Federal program.

4. The State will establish policies, responsibilities, and procedures pursuant 

to the Underground Storage Tank Compliance Act of 2005.

5. State activities will further be described in detail in the State-EPA 

Agreement (UST Program) and Cooperative Agreement (LUST Program) 

work plans. 

D. National Data

EPA maintains certain national data on underground storage tanks. This data is 

used to report to the President, Congress, and the public on the achievements of 

the underground storage tank program and to support EPA's regulatory 

development efforts. Whenever EPA determines that it needs to obtain certain 

information, EPA will first seek to obtain this information from the State. The 

State agrees to supply the Regional Administrator with this information if readily 

available and as resources allow. If the State is unable to provide the information 

or if it is necessary to supplement the State information, EPA may conduct a 

special survey or perform information collection site visits after notifying the 

State. EPA will share with the State any national reports developed by EPA as a 

result of such information collection.

E. Confidentiality

The State agrees to furnish to the EPA information obtained or used in the 

administration of the State program which is not submitted under a claim of 

confidentiality. If information has been submitted to the State under a claim of 

confidentiality, the State must submit that claim to EPA when providing the 

information. Any information obtained from a State and subject to a claim of 

confidentiality will be treated in accordance with the regulations in 40 CFR Part 2.

V. COMPLIANCE MONITORING AND ENFORCEMENT

A. EPA

Nothing in this Agreement shall restrict EPA's right to inspect any underground 

storage tank facility or bring enforcement action against any person believed to 

be in violation of the approved State underground storage tank program. EPA will 

continue to do annual inspections for oversight monitoring. Before conducting an 

inspection of a facility, the Regional Administrator will normally give the State at 

least 30 days notice of the intent to inspect and provide the State an opportunity 

to participate in the inspection. Results of passed inspections will be shared with 

the State within 14 days of the completed inspection. Once compliance has been 

reached on non-passing inspections, EPA will send a copy to the State within 

14 days of closing the enforcement action. The State agrees to not release such 

information to the public if it is exempt from public disclosure pursuant to 
63

40 CFR Part 2. In the case of planned inspections at the start of the Federal 

fiscal year, EPA will provide the State with a list of the planned inspections as 

soon as the list is developed, but no later than 30 days before the first inspection.

If the State performs a compliance inspection and submits a report and relevant 

data thereto within that time to EPA, no EPA inspection will be conducted, except 

under the following circumstances: (i) EPA has a reasonable basis to conclude 

that the State report and data is inadequate, (ii) EPA is conducting its annual 

oversight inspections, or (iii) EPA has determined that an EPA inspection is 

needed at a facility(ies) that may have a suspected or on going violation(s) that 

is, or may be, subject to a Federal enforcement action. In case of an imminent 

hazard to human health or the environment, the Regional Administrator may 

shorten or waive the notice period. 

The Regional Administrator may take enforcement action against any person 

determined to be in violation of Subtitle I of RCRA in accordance with 

Section 9006. EPA also retains its right to issue orders and bring actions under 

Section 9003(h) or 9006 of Subtitle I of RCRA and any other applicable Federal 

statute. When issuing orders, EPA will cite the appropriate violation under 

IDAPA 58.01.07. The State will normally be given a chance to initiate 

enforcement prior to EPA involvement in an enforcement action. It is EPA's policy 

not to take such action where a State has taken appropriate enforcement action. 

Before issuing a compliance order under Section 9006, EPA will give notice to 

the State.

When the Department and EPA coordinate activities, as described in this 

Agreement, it is understood that the EPA Idaho Operations Office (IOO) shall be 

the initial point of contact between the Department and EPA. 

This Agreement does not apply to UST activities in Indian Country. EPA retains 

responsibility for implementing the UST program in Indian Country.

B. State

The State agrees to carry out an effective program for monitoring the compliance 

by owners and operators of facilities with applicable program requirements. As 

part of this program, the State will conduct compliance inspections and use other 

mechanisms to assess compliance with underground storage tank standards, 

compliance schedules, and all other program requirements.

The State agrees to implement an appropriate enforcement response against all

persons in violation of underground storage tank standards (including notification 

requirements), compliance schedules, and all other program requirements, 

including violations detected by State compliance inspections. The State will 

maintain procedures for receiving and ensuring proper consideration of 

information about violations submitted by the public.
64

The State agrees to retain all records relating to enforcement against all persons 

in violation of underground storage tank standards for at least 3 years unless 

there is an enforcement action pending. In that case all records will be retained 

until such action is resolved. Once the enforcement action is resolved the State 

will retain the records for at least 3 years. 

The terms set forth in this Agreement are intended solely for the purpose of 

memorializing the parties' understanding of their respective roles and 

commitments in the administration of the Underground Storage Tank Program. 

They are not intended, and cannot be relied upon, to create any rights, 

substantive or procedural, enforceable by any other party in litigation with either 

of the parties to this Agreement. The parties reserve the right to modify this 

Agreement in accordance with its terms.

_______________________________________ ____________________

Dennis J. McLerran, Regional Administrator Date

U.S. Environmental Protection Agency

Region 10

_______________________________________ ____________________

Toni Hardesty, Director Date

State of Idaho

Department of Environmental Quality
Application for Approval of Idaho’s UST Program

65

Program Description

A. Program Description

1. Type of Approval Requested

The State of Idaho is requesting final approval for a complete underground 

storage tank (UST) program regulating both petroleum and hazardous substance 

UST systems.

2. Does the State have any existing agreements with Indian tribes? If so, 

attach agreements and briefly describe.

The State of Idaho does not have any existing agreements with Indian tribes to 

regulate UST systems.

B. Program Scope

The State of Idaho has adopted the Federal regulations by reference, so its 

program scope is similar to that of the Federal government’s. The State program 

differs from the Federal program in the following areas (see Appendix A for the 

full text of IDAPA 58.01.07):

 The State’s UST program requires secondary containment and monitoring 

of any UST system installed or replaced after February 23, 2007, that is 

within 1,000 feet of a potable drinking water source. See Idaho’s “Rules 

Regulating Underground Storage Tank Systems,” IDAPA 58.01.07.100.

 The State’s UST program requires owners and/or operators to report the 

source and cause of a release. See IDAPA 58.01.07.200.

 The State’s UST program requires operator training. See IDAPA 

58.01.07.300.

 The State’s UST program requires that every UST facility be inspected at 

least every 3 years. See IDAPA 58.01.07.400.

 The State’s UST program allows for delivery prohibition. See IDAPA 

58.01.07.500.

 The State’s UST program requires the Department to create and maintain 

a public UST database. See IDAPA 58.01.07.600.

The following table outlines Idaho statutes and rules that are referenced in this 

Application for the UST program and the appendix where they can be found after 

the body of this document. Note that some references are subparts to a larger 

authority but are included specifically because of their pertinence to the State’s 

UST program.
Application for Approval of Idaho’s UST Program

66

Statute Rule Description Appendix

IDAPA 58.01.02 Water Quality Standards A

 IDAPA 

58.01.02.851

 Petroleum Release Reporting, 

Investigation, and Confirmation

 IDAPA 

58.01.02.852

 Petroleum Release Response and 

Corrective Action

IDAPA 58.01.07 Rules Regulating Underground Storage 

Tank Systems

A

IDAPA 58.01.18 Idaho Land Remediation Rules A

IDAPA 58.01.23 Rules of Administrative Procedure before 

the Board of Environmental Quality

A

IDAPA 58.01.24 Standards and Procedures for Application 

of Risk Based Corrective Action at 

Petroleum Release Sites

A

Idaho Code 

Title 39 Chapter 1

Idaho Environmental Protection and 

Health Act

B

 Idaho Code 

§ 39-107

 The composition of the Department’s 

Board and rule-making powers

 Idaho Code 

§ 39-108

 Investigation, Inspection, Right of 

Entry, Violation, Enforcement, Penalty, 

Injunctions 

 Idaho Code 

§ 39-109

 Commencement of Civil Enforcement 

Actions, Criminal Actions Authorized, 

Duties of Attorney General

Idaho Code

Title 39 Chapter 72

Idaho Land Remediation Act B

Idaho Code 

Title 39 Chapter 88

Idaho Underground Storage Tank Act B

Idaho Rules of 

Civil Procedures, 

Rule 24(a)

Intervention of Right C

UST Program Statistics

As of March 2011, the total Department-regulated UST population includes the 

following facilities and systems:

Total regulated UST facilities (active) 1,178

Total regulated UST facilities (closed) 3,848

Total regulated UST systems (active) 3,294

Total hazardous substance UST systems (active) 0

Total temporarily out-of-use UST systems (active) 173

Approximately 90% of the State’s UST facilities are single-owner entities.

C. Organization and Structure of State Program

The Idaho Department of Environmental Quality (Department) is the lead agency 

for facilitating communications between the U.S. Environmental Protection 

Agency (EPA) and the State of Idaho. The Department is the only state agency 

that implements the UST program. The Department’s mission statement is to 

“Protect human health and preserve the quality of Idaho’s air, land, and water for 
Application for Approval of Idaho’s UST Program

67

use and enjoyment today and in the future.” To carry out its mission statewide, 

the Department has a state office located in Boise and six regional offices. 

Appendix V contains an organizational chart. 

Within the Department’s state office, there is a Waste Management and

Remediation Division, which operates all waste-related programs such as UST, 

leaking underground storage tanks (LUST), solid waste, Resource Conservation 

and Recovery Act (RCRA), Voluntary Cleanup Program (VCP), Brownfields, and 

mining. 

The Department’s state office and the regional offices work cooperatively to 

implement the UST program. The Department’s state office UST program is 

responsible for the following tasks:

 Creating and amending regulations

 Developing policies

 Managing EPA assistance grants

 Issuing enforcement orders

 Training corporate operators

 Spot-checking field inspections

 Supporting the six regional offices

 Managing the UST database

 Responding to public records requests

 Setting the general direction of the UST program

The six regional offices are responsible for the following tasks:

 Conducting field inspections

 Performing follow-up for field inspections

 Training owners and operators

 Issuing enforcement orders

 Overseeing tank installations

 Overseeing tank closures

 Overseeing site cleanups

 Responding to public complaints

 Responding to public records requests

 Recording performance measures

The Department also has deputy attorney generals from the Idaho Attorney 

General’s Office assigned as in-house counsel. The Attorney General’s Office 

provides legal advice to the UST program and represents the Department in 

court actions. The Attorney General’s Office can pursue civil, criminal, and/or 

administrative enforcement when cases are referred for enforcement.

Idaho’s Petroleum Storage Tank Fund (PSTF) provides low-cost insurance to

most of Idaho’s UST facilities. The Department notifies PSTF administrators of 

the compliance status of each UST facility so that they may investigate their 

continuing insurance coverage. 
Application for Approval of Idaho’s UST Program

68

D. Release Response, Reporting and Corrective Action

1. Overview

The Department’s LUST program is responsible for the oversight of 

investigations of confirmed petroleum releases and any required site cleanup. 

Currently, the LUST staff is addressing approximately 150 petroleum release 

events and is using Federal resources to resolve problems on LUST sites that 

have no responsible party (RP) or have an RP with limited, if any, resources. 

The Department has been able to close at least 20 sites annually over the last 

5 years and has continuously met EPA cleanup goals. The Department enforces 

the release reporting and corrective action requirements of the UST regulations 

and seeks cost recovery where required. The Department finalized its Cost 

Recovery Guidance Manual in February 2008 (Appendix W). 

The process of release reporting and corrective action follows 40 CFR Part 280

as identified in Subparts E and F. Although the State adopted 40 CFR Part 280 

by reference on April 2, 2008, the State has been enforcing IDAPA 58.01.02 

Subsections 851 and 852 since July 1, 1993, which are consistent with 

40 CFR Part 280 Subparts E and F. 

The Department’s state office LUST program is responsible for the following 

actions:

 Creating and amending regulations

 Developing policies

 Managing EPA assistance grants

 Issuing enforcement actions

 Maintaining enforcement records

 Supporting the six regional offices

 Managing the LUST database

 Responding to public records requests

 Setting the general direction of the LUST program

The six regional offices are responsible for the following tasks:

 Conducting field inspections related to complaints

 Performing follow-up on reported confirmed releases

 Providing owners and operators with comments on LUST site issues

 Requesting enforcement actions

 Overseeing and reviewing LUST site information

 Overseeing and approving LUST corrective action plans

 Overseeing site cleanups based on corrective action plans

 Responding to public records requests

 Recording performance measures

The following are typical steps that occur during release reporting and corrective 

action circumstances:
Application for Approval of Idaho’s UST Program

69

1. All suspected releases must be reported by the owner or operator to the 

Department within 24 hours.

2. All suspected releases must be investigated and confirmed by the 

Department within 7 days.

3. If the release is confirmed, the UST owner or operator must perform the 

initial response actions within 24 hours of confirmation. Such actions 

prevent further releases and mitigate fire hazards.

4. Within 20 days or another reasonable time period after release 

confirmation, the owner or operator must submit to the Department a 

report summarizing the initial response steps.

5. A site characterization report needs to be submitted within 45 days of 

release confirmation. This would include a free product removal report, if 

needed.

6. The owner or operator must submit a corrective action plan for the 

Department’s approval that responds to the contaminated soils, surface 

water, and/or ground water.

7. The regional office LUST staff must submit a consent order referral 

package to the state office for evaluation, and if necessary, prepare and 

submit a consent order to the responsible party. 

8. The responsible party must negotiate terms and/or sign the consent order 

within 30 days of receiving the consent order.

9. The regional LUST staff, with support from the state office, approves the 

corrective action plan, which becomes an enforceable part of the consent 

order.

10.A schedule and criteria will be issued if owners and operators cannot 

reach an agreement with the Department on the terms of the consent 

order and can be issued within 30 days after issuance of the consent 

order.

11.If a corrective action plan is prepared, the Department must provide notice 

to the affected public and receive comments and address them before the 

corrective action plan can be approved.

12.Within 90 days of a confirmed release, the owner or operator must submit 

a report to the Department identifying the release source and cause.

Department LUST staff address the reporting and cleanup of spills and overfills in 

the same manner as other confirmed releases unless this activity results in a 

release of less than 25 gallons, does not cause a sheen on nearby surface water, 

and is cleaned up within 24 hours. Hazardous substance releases are managed 

by the Department’s hazardous waste management staff.

The Department’s UST and LUST staff work together on site discovery and 

confirming suspected releases. Reporting of suspected releases not due to 

offsite impacts is handled by the UST staff, while reporting of suspected releases 

due to offsite impacts is handled by the LUST staff. If an UST inspector suspects 

a release during an inspection, the inspector will work with the owner or operator 

to confirm or deny the suspected release. If the release is confirmed, the UST 

inspector will turn the case over to the LUST staff.
Application for Approval of Idaho’s UST Program

70

Department LUST staff are on site during tank closure activities and require 

environmental contractors to sample in certain locations such as the former tank 

basin, every 20 feet of a piping run, and dispenser areas. The LUST staff 

document and map the tank closure activities in their field book.

The Department’s LUST staff use the UST/LUST database to track LUST site 

progress. The database contains known information on the release, such as the 

cleanup project manager; who reported the release; how the release was 

detected; the source, cause, and amount of the release; which tank / piping run /

dispenser had the release; what the receptors are; what cleanup method was 

used; and all corresponding dates for when the release occurred, when cleanup 

started, and when cleanup ended. For an example of a LUST event database 

entry, see Appendix X. 

2. Risk Evaluation Manual for Petroleum Releases (Petroleum REM)

In May 2009, the Idaho Legislature approved rules promulgated by the 

Department and entitled “Standards and Procedures for Application of Risk 

Based Corrective Action at Petroleum Release Sites” (IDAPA 58.01.24)

(Appendix A). The rules required the Department to prepare a risk evaluation 

manual for petroleum releases that will be used as guidance for implementation 

of the rules. Development of this manual has been in progress since 

August 2009 and has involved the formation of a work group. It is anticipated that 

the guidance will be completed and provided to the public for comment and 

implementation in fall 2011, along with minor revisions to the rules. The following 

website includes the latest draft of the petroleum REM: www.deq.idaho.gov/riskevaluation-manual. The draft petroleum REM presents a roadmap for evaluating 

risk—from discovery through cleanup—at petroleum release sites. 

The petroleum REM is used to determine whether ground water, surface water, 

soil, or soil vapor at a particular location is contaminated to the extent it poses a

human health risk. The manual guides Department employees and others in 

responding when chemicals are released into the environment. It helps the 

Department evaluate whether an investigation or cleanup is needed and, if so, 

what its scope and nature should be. The manual provides a brief description of 

the steps in the risk evaluation process, gives general information related to the 

data requirements and implementation of the risk evaluation process, and then 

describes in detail each of the steps in the risk evaluation process including 

corrective action plans and activity and use limitations. 

The manual includes appendices which contain information to assist in 

implementing the risk evaluation process. This information includes the following 

elements:

 Residential use screening levels (RUSLs) for selected chemicals 

 Physical, chemical, and toxicological values for these chemicals

 Rationale for the selection of screening default fate and transport and 

exposure factor parameter values 

 Equations used in the calculations, guidance on natural attenuation, and 

evaluation of the vapor intrusion pathway
Application for Approval of Idaho’s UST Program

71

 Interpretation of practical quantitation limits as cleanup criteria

 Estimation of exposure point concentrations

 Examples of reporting formats 

 Activity and use limitations and environmental covenant discussion

Three software applications are provided to complement and assist in 

implementation of the risk evaluation process. All three are Microsoft Excel 

spreadsheets:

 A computational application to calculate risks and targets levels

 A utility to conduct a Mann-Kendall analysis of trend for up to five 

chemicals and ten sampling events

 A utility to calculate the 95% upper confidence limit (95% UCL) of the 

mean for chemical concentration data. The utility calculates the 95% UCL 

for normal and log-normal distributed sample data, as well as a bootstrap-t 

estimate. 

The Department’s website provides contact information for those persons 

wanting to take part in the REM training. Upon finalization of the draft guidance, 

the Department anticipates offering training to Department staff and the regulated 

community.

3. Voluntary Cleanup Program (VCP)

In 1996, the Idaho Legislature created the Idaho Land Remediation Act (Title 39 

Chapter 72, Idaho Code), which authorized the Department’s VCP. The VCP

encourages innovation and cooperation between the State, local communities,

and private parties working to revitalize properties with hazardous substance or 

petroleum contamination. In 1997, the Department developed the “Idaho Land 

Remediation Rules” (IDAPA 58.01.18) detailing implementation of the VCP. The 

Department also created an application to participate in the program and 

guidance for completing the application. 

A person may apply to participate in the VCP. If accepted into the program, the 

applicant is provided benefits from the VCP, including the following:

 An expedited remediation process

 Avoiding an adversarial enforcement action

 A 7-year partial property tax exemption

 A “Covenant Not to Sue” from the Department

 The use of institutional controls in cleanup plans

 “Lender liability” protections that are similar to the protections for “indicia 

of ownership” interests as in the Comprehensive Environmental 

Response, Compensation, and Liability Act (CERCLA)

The State of Idaho offers financial incentives for those willing to clean up a LUST 

site through the Community Reinvestment Pilot Initiative if the property owner did 

not cause the contamination. The VCP also allows for a 7-year partial property 

tax exemption wherein the owner can exempt 50% of the remediated land value 

for 7 tax years. 
Application for Approval of Idaho’s UST Program

72

4. Community Reinvestment Pilot Initiative (Pilot)

The Community Reinvestment Pilot Initiative (Pilot) makes available up to 

$1,500,000 in State funds to private and non-profit entities completing 

Department-approved cleanups at up to 10 properties selected as Pilot sites. To 

be eligible for Pilot funds, the applicant must be selected to be in the VCP and 

must not have been the responsible party to have caused the contamination. 

Pilot sites are vacant or underutilized properties whose reuse is complicated by 

contamination. Upon cleanup completion, the State issues the participant a 

Community Reinvestment Rebate equal to 70% of the cleanup costs incurred, 

with a maximum rebate of $150,000 per Pilot site. 

The participant submits to the Department for review and approval a proposed 

remediation work plan. Once the Department approves the work plan, the 

participant conducts the Department-approved cleanup with Departmental 

oversight. When identified cleanup goals are reached, the participant submits to 

the Department a work plan completion report and the Department issues a 

certificate of completion. Within 60 days of receiving the certificate of 

completion, participants may request their community reinvestment rebate. The 

Department will review the rebate request and certify the amount of qualifying 

remediation costs. Within 30 days of certifying these costs, the Department will 

issue the participant a community reinvestment rebate.

E. UST Closure

When closing an UST, owners or operators are required to notify the Department 

30 days prior to closure. They do this on the Department’s notification form. The 

form is turned in to the Department’s state office, which then contacts the local 

regional inspector and informs him or her that a closure is occurring. The form 

stipulates that if the closure date changes, the Department must be notified. All 

UST closures are attended by a Department inspector. The inspector directs the

environmental contractor in finding the best locations to sample and in taking the 

appropriate number of samples. In addition to Department personnel, closures 

are also usually attended by the local fire department and a representative from 

the State’s Petroleum Storage Tank Fund. 

Although closing tanks in place is an acceptable method of closure, the 

Department discourages such actions unless the removal of the tank will 

compromise a structure. Lending institutions will rarely lend on a property with 

tanks still present, even if they are properly closed in place. The Department 

conveys this information to all owners and operators who want to close a tank in 

place. The Department reaches out to realtors on this subject as well.

Once a closure occurs and the site assessment report is reviewed, the 

Department issues a no further action (NFA) letter. This letter states the owner 

or operator does not need to perform remediation in connection with the UST 

closure. If contaminants are discovered in unacceptable amounts, the UST site

becomes a LUST site. 
Application for Approval of Idaho’s UST Program

73

F. Financial Responsibility

The State of Idaho has created the Idaho Petroleum Clean Water Trust Fund, 

administered by the Petroleum Storage Tank Fund (PSTF). It is a not-for-profit 

insurance organization that provides coverage for approved petroleum cleanup 

costs and valid third-party claims resulting from covered accidental releases 

commencing during the policy period. PSTF offers coverage for USTs, above 

ground storage tanks (ASTs), and residential, farm, and heating oil tanks. PSTF 

offers the following benefits:

 Coverage on an "occurrence" basis, which means that once a tank is 

insured, accidental releases that occur while the policy is in force may be 

covered even if the release is not discovered until a later date.

 The insurance contract may be transferable to a new owner upon sale of 

the property without any lapse in coverage if all underwriting requirements 

are met.

 A reimbursable deductible allows the PSTF to pay the first dollar of 

cleanup costs and compensatory damages to third parties for valid bodily 

injury or property damage claims. This enables the PSTF to react quickly 

to monitor the cleanup process and to pay cleanup costs as they are 

incurred. Tank owners or operators are not required to pay the cost and 

then wait for reimbursement.

The cost for PSTF insurance is $25 per tank per year. The PSTF provides for 

the following coverage for USTs:

 For petroleum marketers operating 1 to 100 covered underground 

petroleum storage tanks, no more than $1 million in costs per occurrence 

and no more than $1 million annual aggregate

 For petroleum marketers operating 101 or more covered underground 

petroleum storage tanks, no more than $1 million in costs per occurrence 

and no more than $2 million annual aggregate

 For non-marketers of petroleum products who are owners or operators of 

ASTs and USTs and who consume 10,000 gallons or less of petroleum 

products each month, no more than $500,000 per occurrence and no 

more than $1 million annual aggregate

 $10,000 deductible per annum

 Annual inspection

EPA evaluated the PSTF coverage and found it to be equivalent to the 

40 CFR Part 280.93 (amount and scope of required financial responsibility) 

requirements under 40 CFR Part 280.100 (use of state-required mechanism).

The State of Idaho has an “Idaho Prime Loan Program” for small business

owners who want to improve or expand their businesses (Appendix Y). 

Department inspectors hand out the Idaho Prime Loan Program brochures to 

UST owners and operators who may need some financial help in purchasing new 

UST equipment. UST owners can borrow up to $750,000 and have the interest 

rate set at prime. 
Application for Approval of Idaho’s UST Program

74

G. Resource Information

Currently, the Department’s UST/LUST program has approximately 11 full-time 

employees; 3 in the state office and 8 in the six regional offices. The UST/LUST

program has the following sources of funding:

1. The Federal State and Tribal Assistance Grant (STAG)

The Federal STAG provides funding for database maintenance, program 

management, UST inspections, state program approval, outreach, and general 

program oversight. As of fiscal year 2011, this annual grant includes $88,207

in Federal funds (75%) and $29,402 in State funds (25%) for a total of 

$117,609. Administrative costs account for $31,721 (27%) of the total grant 

amount. The grant funds 1.17 full-time employees.

2. The Federal LUST Prevention Grant

The Federal LUST Prevention Grant provides funding for Underground 

Storage Tank Compliance Act implementation, database maintenance, 

program management, and UST inspections. As of fiscal year 2011, this 

annual grant includes $306,372 in Federal funds (75%) and $102,124 in state 

funds (25%) for a total of $408,496. Administrative costs account for $111,546

(27%) of the total grant amount. The grant funds 4.54 full-time employees.

3. The Federal LUST Trust Fund Grant

The Federal LUST Trust Fund Grant provides funding for site investigations, 

enforcement and corrective action, emergency and complaint response, 

database maintenance, rulemaking, and public outreach. As of fiscal year 

2011, this annual grant includes $565,000 in Federal funds (90%) and 

$62,778 in state funds (10%) for a total of $627,778. Administrative costs 

account for $145,934 (23%) of the total grant amount. The grant funds 

5.25 full-time employees. 

The total amount the State of Idaho has in UST and LUST assistance grants is 

$1,153,883. Occasionally, the State may receive additional grants for special 

projects. For example, the State currently has a LUST stimulus grant in the 

amount of $1,284,000, a grant to investigate temporarily out-of-use or 

abandoned UST systems for $250,000, and a grant to assist in cleaning up LUST 

sites in the Boise regional office’s jurisdiction for $250,000. 

H. Energy Policy Act of 2005

The Idaho Underground Storage Tank Act (Idaho Code Title 39, Chapter 88) was 

enacted on February 23, 2007 (Appendix B). This act allowed the Department to 

make rules regarding the Energy Policy Act of 2005. It also allowed the 

Department to start enforcing on many measures in the Energy Policy Act of 

2005. On April 2, 2008, the “Rules Regulating Underground Storage Tank 

Systems” (IDAPA 58.01.07) were enacted (Appendix A). The rules contain the 

following sections, as discussed in more detail below:
Application for Approval of Idaho’s UST Program

75

 Incorporation of the Federal Technical Standards and Corrective Action 

Requirements for Owners and Operators of Underground Storage Tanks, 

40 CFR Part 280

 Additional Measures to Protect Ground Water from Contamination

 Release Reporting Requirements

 Training Requirements

 Inspections

 Delivery Prohibition

 Maintenance of the Petroleum Underground Storage Tank Database 

Technical Standards and Corrective Action Requirements for Owners and 

Operators of Underground Storage Tanks, 40 CFR Part 280 (Section 004)

This section incorporates, by reference, the Federal UST laws that have been in 

effect since December 22, 1988.

Additional Measures to Protect Ground Water from Contamination 

(Section 100)

This section explains new notification requirements for all tank systems and 

requirements for UST systems installed or replaced after February 23, 2007. 

Some of those requirements include the following:

 The Department must be notified 30 days prior to installing a new piping 

system or a new or replacement tank.

 The Department must be notified 24 hours prior to replacing a piping 

system.

 Each new tank and/or piping system installed or replaced after 

February 23, 2007, that is within 1,000 feet of a potable drinking water 

source must have secondary containment (an inner and outer barrier) 

installed, and the space between the inner and outer barrier must be 

monitored.

 Each new motor fuel dispenser system that is within 1,000 feet of a 

potable drinking water source and is installed after February 23, 2007,

must have under-dispenser containment.

Release Reporting Requirements (Section 200)

When a release occurs, the owner or operator must report the source and cause 

of the release. Sources may include, but are not limited to, the following:

 An underground storage tank

 Piping

 Dispensers

 Submersible turbine pump area

 Delivery problem

Causes may include, but are not limited to, the following:

 Spills

 Overfills
Application for Approval of Idaho’s UST Program

76

 Physical or mechanical damage

 Corrosion

 Installation problems

Operator Training Requirements (Section 300)

This section describes both the Department’s and owners’ and operators’

obligations to training. 

Some of those requirements include the following:

 The Department will adopt an owner and operator training program.

 The training will be provided at no cost.

 The training will be conducted at the owner or operator’s UST site.

 The owner or operator must designate a class A, class B, and class C 

operator. The class A and class B operators must be reported to the 

department within 30 days of the designation and then be trained 

according to their class.

 Class A operator—has primary responsibility for the UST system 

(i.e., the owner)

 Class B operator—has daily on-site responsibility for the UST system 

(i.e., the manager)

 Class C operator—has daily on-site responsibility for addressing UST 

emergencies (i.e., the clerk)

 The class A or B operator may train the class C operator.

 If their UST system is out of compliance, the trained operators must repeat 

the training within 30 days of the noncompliance event.

 Unattended or unmanned sites need a sign in a visible location indicating 

emergency shut-off procedures and contact information.

Inspections (Section 400)

This section describes what UST equipment, actions, and paperwork a 

Department inspector will use to assess compliance, including the following:

 Notification

 Corrosion protection

 Overfill prevention in place and operational

 Spill prevention in place and operational

 Tank and piping release detection

 Reporting suspected releases

 Records of tank and piping repairs

 Secondary containment where required

 Financial responsibility

 Temporary closure

An inspection will be conducted at least once every 3 years and all inspections 

will be conducted on site. 
Application for Approval of Idaho’s UST Program

77

Delivery Prohibition (Section 500)

This section states that it is unlawful to deliver to, deposit into, or accept a 

regulated substance into an ineligible UST. A tank will be ineligible if any of the 

following statements are true:

 Required spill equipment is not installed

 Required overfill protection equipment is not installed

 Required leak detection equipment is not installed

 Required corrosion protection equipment is not installed

A tank may be ineligible if any of the following situations occur:

 Failure to properly operate or maintain leak detection equipment

 Failure to properly operate or maintain spill, overfill, or corrosion protection 

equipment

 Failure to maintain financial responsibility

The owner will be notified prior to prohibiting deliveries and will have the 

opportunity to appeal. A tamper-proof red tag will be attached to each ineligible 

fuel tank’s fill pipe.

A current list of all ineligible fuel tanks will be posted on the Department’s 

website.

UST Database Maintenance (Section 600)

This section states that the Department will maintain a quarterly-updated 

database that contains information on the status of all UST systems. The 

database is available on the Department’s website at

www.deq.idaho.gov/applications/ust-lust.