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Delivery Prohibition

Background And Requirements

Title XV, Section B of the Energy Policy Act of 2005 amends Subtitle I of the Solid Waste Disposal Act, the original legislation that created the underground storage tank (UST) program. The UST provisions of the Energy Policy Act focus on preventing releases and direct EPA to help states comply with new UST requirements.

Section 1527 of the Energy Policy Act of 2005 states that EPA, in consultation with states, underground storage tank owners, and product delivery industries, must issue guidelines to implement delivery prohibition.

Grant Guidelines

On August 7, 2006, EPA issued final grant guidelines for delivery prohibition. View the grant guidelines (PDF) (11 pp, 68K, About PDF)

The guidelines address these five processes and procedures:

Additionally, a person must receive a notice of ineligibility to prohibit delivery, and any person making or accepting delivery at an ineligible facility is subject to the same civil penalty for each day of the violation.

State Delivery Prohibition Programs

EPA's state delivery prohibition programs Web pages provide information regarding states' and territories' delivery prohibition programs, including applicable laws, regulations, and policies. EPA compiled this information to help fuel delivery drivers determine if an underground storage tank is not eligible to receive fuel.

Policy for EPA Regions When Enforcing Delivery Prohibition

EPA's Policy on Underground Storage Tanks Delivery Prohibition (18 pp, 430K, About PDF) provides EPA's regions with recommended procedures for prohibiting deliveries and describes when delivery prohibition may be appropriate.

Request More Information

For more information about the delivery prohibition grant guidelines, contact Tim Smith at smith.timr@epa.gov or 703-603-7158.

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