Affected USTs include tanks, and any underground piping connected to a tank, that have at least 10 percent of their combined volume underground. Federal UST regulations only apply to underground tanks and piping that store either petroleum or certain hazardous substances. USTs not mandated by federal UST regulations include:
Although the above types of tanks are not affected by federal requirements for USTs, some fall under other environmental regulations. Major initiatives continue to be made by the EPA, the USVI DPNR/DEP and other states and territories to prevent and minimize UST leaks, resultant groundwater and soil contamination, and associated human safety, health and environmental risks. A major benefit of local UST regulations is that, in addition to meeting federal requirements, local regulations would take into consideration the diversity, unique needs and priorities of the USVI community and environment. Local UST regulations also give the USVI, through the DPNR-DEP, primary responsibility for management of UST regulatory compliance, including enforcement and assessment of fines and penalties for violations. The EPA currently holds primary responsibility for UST regulation in the USVI, but has delegated, through memorandum of agreement, certain responsibilities to the DPNR-DEP. The Virgin Islands Underground Tanks Storage Act is found in Title 12 Chapter 16 of the Virgin Islands Code and local regulations are found in Title 12 Chapter 16 of the Virgin Islands Rules and Regulations.