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EQB Proposes Adoption of New Regulation for the Control of Underground Storage Tanks

An McV Environmental Alert

January 23, 2018

On December 27, 2017, the Puerto Rico Environmental Quality Board (“EQB”) issued a public notice notifying its intent to adopt a new Regulation for the Control of Underground Storage Tanks (“New UST Regulation”), and repeal the current underground storage tank regulation (Regulation No. 8546 of December 24, 2014).

The New UST Regulation is intended to address new federal requirements for underground storage tanks (“USTs”) published by the Environmental Protection Agency on July 15, 2015, and which came into effect on October 13, 2015. Moreover and in addition to other significant changes to the current UST regulation, the New UST Regulation incorporates lender liability provisions for creditors who hold security interest in USTs that are used for petroleum products and/or the facility or property on which the UST is located.

The 30-day period for submitting written comments before the EQB expires on January 26, 2018 while a public hearing on the Proposed UST Regulation is scheduled to take place on February 15, 2018 at EQB’s headquarters in San Juan.  For a copy of the Proposed UST Regulation please follow this link.

The content of this McV Alert has been prepared for information purposes only. It is not intended as, and does not constitute, either legal advice or solicitation of any prospective client. An attorney-client relationship with McConnell Valdés LLC cannot be formed by reading or responding to this McV Alert. Such a relationship may be formed only by express agreement with McConnell Valdés LLC.

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