Do the NJDEP Underground Storage Tank Regulations Apply to You?


An industrial facility with an Underground Storage Tank (UST) can be subject to the New Jersey Department of Environmental Protection’s (NJDEP) Underground Storage Tank regulations set forth at N.J.A.C. 7:14B.

By definition a UST is any one or combination of tanks as set forth in N.J.A.C. 7:14B-1.4, including appurtenant pipes, lines, fixtures, and other related equipment, used to contain an accumulation of hazardous substances, the volume of which, including the volume of the appurtenant pipes, lines, fixtures, and other related equipment, is 10 percent or more beneath the surface of the ground.

Unless one of the exemptions within N.J.A.C. 7:14B-1.4 applies, any facility that operates an UST must comply with the regulations as set forth in the chapter. For the full list of exemptions, refer to the N.J.A.C. citation; however, below are some of the more common exemption triggers for our manufacturing, pharmaceutical, and similar clients in New Jersey:

  • 7:14B-1.4(b)(2) Tanks with a capacity of 2000 gallons or less used to store heating oil for onsite consumption in a non-residential building;

  • 7:14B-1.4(b)(8) Tanks situated in an underground area including, but not limited to, basements, cellars, vaults, mines, drift shafts, or tunnels, if the storage tank is situated upon or above the surface of the floor;

  • 7:14B-1.4(b)(9) Tanks situated in an underground area including, but not limited to, basements, cellars, vaults, mines, drift shafts, or tunnels, if the storage tank is equipped with secondary containment, and is uncovered, so as to allow visual inspection of the exterior of the tank;

  • 7:14B-1.4(b)(10) Any pipes, lines, fixtures, or other related equipment connected to any tank exempted from the provisions of this chapter as set forth in (b)1 through 9 above, [only relevant line items from (b) 1-9 are listed in summary above] and 11 through 15 below;

  • 7:14B-1.4(b)(11) Flow-through process tanks;

  • 7:14B-1.4(b)(12) Wastewater treatment tanks;

  • 7:14B-1.4(b)(13) Electrical equipment;

  • 7:14B-1.4(b)(14) Hydraulic lift tanks

  • 7:14B-1.4(b)(15) Any UST system holding hazardous wastes listed or identified under Subtitle C of the Solid Waste Disposal Act, or a mixture of such hazardous wastes and other regulated substances.

Even if UST requirements do not apply, other regulations and permitting actions may be required and should be assessed, including air permit requirements, New Jersey's DPCC program, EPA's SPCC program, RCRA regulations, etc. If your facility needs assistance with USTs or any other Environmental, Health and Safety needs, please contact anyone on the Baron team through email or at (908) 508-9000.

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776 Mountain Blvd, Watchung, NJ 07069

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