Dual Purpose Tank Policy Rescinded Effective March 1, 2006

On June 16, 2000, the Alaska Department of Environmental Conservation (Department) issued the Dual Purpose Tank Policy (Policy) excluding from regulation by the Department any underground storage tank (UST) system used for storing diesel fuel or heating oil that is used for both on-premises heat and emergency power. This policy affects approximately 70 UST systems active in June 2000, as well as an unknown number of "dual purpose" systems installed and placed into operation since then.

In August of 2004, the Department was notified by the US Environmental Protection Agency (EPA) that the Policy was not consistent with federal UST statutes and regulations. A review of the Policy by Department UST staff had already reached the same conclusion. In June 2005 the Alaska Attorney General's Office concurred that the Policy was not consistent with either Alaska or federal statutes and regulations. In November 2005 the Department requested a formal review of the Policy by the EPA, and in January 2006 the EPA responded with a memo stating that the Policy was not consistent with federal statutes, regulations, or EPA guidance for implementation of federal UST regulations. Alaska Statute

46.03.365(c) requires that state regulations be consistent with federal laws and regulations.

The Department has been notified that, absent regulation of dual purpose tanks by the State of Alaska, the EPA will begin actively regulating and inspecting UST systems excluded under the Policy. The Department believes Alaskans are best served by state regulation of these UST systems.

Effective March 1, 2006, the Department is rescinding the Dual Purpose Tank Policy. Owners and operators of UST systems formerly excluded from regulation by the Policy will be contacted, and timelines to bring systems into compliance with Alaska UST statutes and regulations will be established.

  Dual Purpose Tank Policy - EPA Response (PDF 34K) (01/2006)
  Former Dual Purpose Tank Policy (PDF 37K) (06/2000)

For more information about UST's in Alaska, please contact:

Bill Steele, UST Manager
Industry Preparedness Program
DEC Division of Spill Prevention and Response
555 Cordova Street
Anchorage, AK  99501-2617
Telephone: (907) 269-7886
Fax Number: (907) 269-7600
Email Address: Bill.Steele@alaska.gov