Category Archives: Minnesota

UST Secondary Containment and Interstitial Monitoring Requirements

Are you responsible for ensuring site or corporate environmental compliance or for implementing a site environmental management system that includes fueling systems? Whether you’re an environmental manager, a plant engineer, plant/general manager, facility manager, site manager or other role, if you’re involved with underground fuel storage tanks, the new rules regarding secondary containment should be of interest.

Federal UST Secondary Containment and Interstitial Monitoring Requirements

The 1988 requirement and criteria required secondary containment and interstitial monitoring for hazardous substance tanks only (280.42). The EPA is implementing secondary containment with interstitial monitoring and under-dispenser containment (UDC) as additional measures to protect groundwater. States that have already implemented secondary containment regulations that meet or exceed the federal regulations will not have to change their requirements. There are significant changes to the federal requirements and implementation which are summarized below. The implementation timeframe for secondary containment is 180 days. States with approved programs still have three years to reapply, and depending on which state you are in, you may still be governed by the state program rather than the EPA regulations.

Owners and operators are required to install tank and piping secondary containment that will contain regulated substances leaked from the primary containment until they are detected and removed and that will prevent the release of regulated substances to the environment at any time during the operational life of the UST system, and must be  monitored for leaks at least once every 30 days using interstitial monitoring.

NEW INSTALLS and REPLACING Tanks and Piping

Owners and operators are now required to install secondary containment and interstitial monitoring for ALL (including petroleum) new and replaced tanks and piping. There are still some exceptions like safe suction piping and piping associated with field-constructed tanks over 50k gallons, and airport hydrant systems.

REPAIRING Piping

Owners and operators must replace the entire piping run when 50% or more of the piping (excluding connectors) is removed and other piping is installed.

NEW DISPENSERS

All new dispensers need to have under-dispenser containment.

Interstitial Monitoring

Interstitial Monitoring of new and replaced secondarily contained tanks and piping must occur at least once every 30 days as a release detection requirement.

The EPA reviewed data from release sites and the higher number of releases from single walled tanks and piping when compared to secondarily contained systems was considered in the decision for new requirements to prevent regulated substances from reaching the environment and ensure a consistent level of environmental protection for regulated USTs across the USA.

 

The New UST Regulations have been Published

Picture of Melanie Nelson holding the new UST regs published in the Federal Register July 15 2015

The Implementation Timeline is now Ticking for the new Underground Storage Tank Regulations

The EPA’s Revisions to 40 CFR Parts 280 and 281 have been published in the Federal Register today – July 15, 2015

The Final Rule – Revising Underground Storage Tank Regulations—Revisions to Existing Requirements and New Requirements for Secondary Containment and Operator Training – was Published today in the Federal Register / Vol. 80, No. 135.

This rule is effective October 13, 2015.

Wondering how this may affect you, your company or your regulating authority? That depends on where in the country you are located. Owners and operators in states that already has state program approval (SPA), will keep operating under their current regulations for now – those states have three years to reapply in order to retain their SPA status. Owners and operators in the 16 non-SPA states and territories must meet the federal requirements – the implementation schedule in the 2015 UST regulations (and of course follow their state requirements). Here is a breakdown of the implementation times:

Required Immediately

  • Elimination of ball floats/flow restrictors in vent lines as standalone overfill prevention
  • Close tanks using internal lining as the sole method of corrosion protection when the lining fails
  • 30 day Notification of UST Ownership Change
  • Proof of compatibility of UST and product when storing >10% ethanol or >20% biodiesel
  • Testing 30 Days after Repairs to spill or overfill equipment and secondary containment areas

Required in 180 days

  • Secondary Containment

Required in three years

  • Operator Training
  • 30-Day Walkthrough Inspections
  • Annual Inspections of Containment Sumps and Hand Held Release Detection equipment
  • Spill Prevention Testing
  • Overfill Prevention Equipment Inspection
  • Containment Sumps used for Piping interstitial monitoring
  • Emergency Generators require release detection
  • State programs have to be re-approved

Here is the Summary, and you can find additional information in the blog links below.

The Environmental Protection Agency (EPA or the Agency) is making certain revisions to the 1988 underground storage tank (UST) regulation and to the 1988 state program approval (SPA) regulation. These changes establish Federal requirements that are similar to key portions of the Energy Policy Act of 2005 (EPAct); they also update the 1988 UST and SPA regulations. Changes to the regulations include: Adding secondary containment requirements for new and replaced tanks and piping; adding operator training requirements; adding periodic operation and  maintenance requirements for UST systems; addressing UST systems deferred in the 1988 UST regulation; adding new release prevention and detection technologies; updating codes of practice; making editorial corrections and technical amendments; and updating state program approval requirements to incorporate these new changes. EPA thinks these changes will protect human health and the environment by reducing the number of releases to the environment and quickly detecting releases, if they occur.

Contact us with questions you have about the new regulations and how they’ll affect you/your company. We have over 50 years experience with fueling systems – USTs, ASTs and piping and have a good understanding of how the regulations will be implemented and what that means to the UST owner/operators.

Previous TAIT Blogs about the New Regs

Overview of the EPA’s 2015 Changes to UST Regulations

Here are Some of the Significant Changes to 40 CFR part 280

The EPA’s 2015 Final Regulations for USTs changes certain portions of the 1988 underground storage tank technical regulation in 40 CFR part 280. The changes establish federal requirements that are similar to key portions of the Energy Policy Act of 2005. In addition, EPA added new operation and maintenance requirements and addressed UST systems deferred in the 1988 UST regulation. Some major changes include:

  • Requiring secondary containment for new and replaced tanks and piping
  • Requiring operator training
  • Requiring periodic operation and maintenance requirements, mandatory equipment inspections/testing that is focused on the parts most likely to leak: 30-day walk through (look at spill prevention equipment and release detection equipment), annual testing/inspections (containment sumps and hand held release detection, release detection equipment testing – including LLDs testing) and triennial testing/inspections (spill prevention equipment testing, overfill prevention equipment inspections, containment sumps used for piping interstitial monitoring)
  • Requiring proof of UST system compatibility with certain fuels and biofuels
  • Including emergency power generator tanks (now requires owners and operators to perform release detection)
  • Making technical corrections to disregard older technologies and recognize new ones like clad and jacketed tanks, non-corrodible piping, continuous in-tank leak detection and statistical inventory reconciliation (SIR)
  • No more ball floats/flow restrictors in vent lines as a standalone method of overfill prevention
  • Close tanks using internal lining as the sole method of corrosion protection when the lining fails
  • Requiring Testing 30 Days after Repairs to spill or overfill equipment and secondary containment areas
  • State programs need to be re-approved

Contact us with questions you have about the new regulations and how they’ll affect you/your company.

How much time do you have to implement these changes?

There’s still time while we wait for them to be published in the Federal Register. Once they are, they will be required to be implemented at different time increments:

  • some will be required quickly – Secondary Containment (180 days), Elimination of ball floats/flow restrictors in vent lines as standalone overfill prevention (immediately) Close tanks using internal lining as the sole method of corrosion protection when the lining fails (immediately), 30 day Notification of UST Ownership Change (immediately) proof of compatibility of UST and product when storing >10% ethanol or >20% biodiesel (immediately), Testing 30 Days after Repairs to spill or overfill equipment and secondary containment areas (immediately)
  • some in a year, and
  • some in three years – Operator Training, 30-Day Walkthrough Inspections, Annual Inspections of Containment Sumps and Hand Held Release Detection equipment, Spill Prevention Testing, Overfill Prevention Equipment Inspection, Containment Sumps used for Piping interstitial monitoring, Emergency Generators require release detection, state programs have to be re-approved

More detailed blog entries will address each of these issues, and you can ask us any questions in the meantime. We have over 50 years experience with fueling systems – USTs, ASTs and piping and have a good understanding of how the regulations will be implemented and what that means to the UST owner/operators. Here are some related previous blogs:

Comparing EPA’s 2015 Revised UST Regulations Documents

Where do you start?

Want to know where to start when reviewing the 2015 Revised Underground Storage Tank Regulations Documents? I’ve been pouring through the documents shared on EPA’s website created just for the revisions of the UST regulations and here are some quick descriptions that I hope you’ll find helpful.

Comparison Chart of the 2015 Revised UST Regulations versus the 1988 UST Regulations This is a 10 page PDF Spreadsheet showing the highlights of the changes

Prepublication version of the final UST regulations This is the full 468 page document that explains the rationale behind the changes that were made to the regulations and includes the new regulations. The first half is an explanation that helps the reader to understand what the EPA considered, such as suggestions from commenters, during the discussion and decision making and the rationale for the decisions that were made. Here are the page numbers to go with the Table of Contents. That should help you navigate this big document 🙂

Red Line Strikeout of 40 CFR part 280 and 40 CFR part 281 This is 141 pages but is very helpful if you are used to looking up information in the regs already. This shows the differences between the regulations we are currently using/looking at, and the changes that have been made to the regulations.

MUSTs for USTs If you are new to owning or operating underground storage tanks, start here. TAIT recommends all Owners and Operators download and read the updated MUSTs for USTs. It’s an instruction manual that provides a nice straightforward explanation of requirements when owning and working with underground storage tanks. It’s 40 pages.

Regulatory impact analysis 167 pages, Potential costs, benefits and other impacts of the updated regs. They’re referred to in the Prepublication Version of the Regs as well. This may be good for giving an explanation of what we might expect to see overall, like the number of facilities affected.

Response to comments document 181 pages, if you commented on the regs and want to see the responses given, this is where you would look. Comments are also referred to in the Prepublication version of the final regs.

I hope this serves as a nice reference for you, and this should make finding what you are looking for even easier 🙂 For a more details, see the announcement blog 2015 Revised Underground Storage Tank Regulations.
Picture of the TAIT 50th Anniversary Logo

Here are more related blogs:

Here are Page Numbers for the 468p Prepublication Version of the Final UST Regulations

Are you reviewing the 2015 Revised UST Regs to find out what applies to you?

I have been, and there is a lot to read! I found it extremely helpful to add page numbers to my table of contents for quick reference when going through the 468 page document, called the Prepublication version of the final UST regulations. I’m sharing those numbers with you, too! This should make finding what you are looking for even easier 🙂 Although the formatting doesn’t copy properly, it’s in the same order and I’ll put the page numbers (in parenthesis) and bold them so they stand out for you.
Picture of Melanie's 2015 UST Regulations Binder

We like to help you understand the UST regulations. TAIT stays abreast of current and upcoming regulations and performs tank work around the country. From fueling system design and installation, ongoing compliance inspections and testing, repairs and upgrades, to tank replacements, removals and closures, TAIT can assist you with your tank projects. In the business over 50 years, we are experts and can your nationwide tank compliance program or perform one inspection for you. Plan for the future – these regs are coming (we do have time, from immediate, to one year, up to three years for some changes) Reach out to me and tell me what you’re considering, I’ll be happy to discuss your options with you. Melanie Nelson mnelson@tait.com 214-531-9377

Prepublication Version of the Final UST Regulations Table of Contents

I. General Information (6)

Does this Action Apply to Me? (6)

II. Authority (6)

III. Background (7)

A. Changes to the UST Regulations (7)

B. History of the UST Laws and Regulations (12)

C. Potential Impact of this Regulation (13)

D. EPA’s Process in Deciding Which Changes to Incorporate in the Regulations (15)

E. Implementation Timeframe (17)

IV. Revisions to the Requirements for Owners and Operators of Underground Storage Tank Systems (19)

A. Establishing Federal Requirements for Operator Training and Secondary Containment (20)

1. Operator Training (20)

2. Secondary Containment (30)

B. Additional Requirements for Operation and Maintenance (39)

1. Walkthrough Inspections (40)

2. Spill Prevention Equipment Tests (46)

3. Overfill Prevention Equipment Inspections (51)

4. Secondary Containment Tests (55)

5. Release Detection Equipment Tests (62)

C. Addressing Deferrals (68)

1. UST Systems Storing Fuel Solely for Use by Emergency Power Generators – Require Release Detection (69)

2. Airport Hydrant Fuel Distribution Systems and UST Systems with Field-Constructed Tanks (74)

3. Wastewater Treatment Tank Systems that Are Not Part of a Wastewater Treatment Facility Regulated Under Sections 402 or 307(b) of the Clean Water Act (125)

4. USTs Containing Radioactive Material and Emergency Generator UST Systems at Nuclear Power Generation Facilities Regulated by the Nuclear Regulatory Commission ( )

D. Other Changes (133)

1. Changes to Overfill Prevention Equipment Requirements (134)

2. Internal Linings that Fail the Periodic Lining Inspection and Cannot Be Repaired (136)

3. Notification (138)

4. Compatibility (142)

5. Improving Repairs (153)

6. Vapor Monitoring and Groundwater Monitoring (157)

7. Interstitial Monitoring Results, Including Interstitial Alarms, Under Subpart E (163)

E. General Updates (168)

1. Incorporate Newer Technologies (168)

2. Updates to Codes of Practice Listed in the UST Regulation (178)

3. Updates to Remove Old Upgrade and Implementation Deadlines (182)

4. Editorial Corrections and Technical Amendments (184)

F. Alternative Options EPA Considered (188)

V. Updates to State Program Approval Requirements (194)

VI. Overview of Estimated Costs and Benefits (211)

VII. Statutory and Executive Orders (212)

A. Executive Order 12866: Regulatory Planning and Overview and Executive Order 13563: Improving Regulation and Regulatory Review (212)

B. Paperwork Reduction Act (212)

C. Regulatory Flexibility Act (214)

D. Unfunded Mandates Reform Act (215)

E. Executive Order 13132: Federalism (217)

F. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments (217)

G. Executive Order 13045: Protection of Children from Environmental Health Risks and Safety Risks (219)

H. Executive Order 13211: Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use (221)

I. National Technology Transfer and Advancement Act (223)

J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (223)

K. Congressional Review Act (225)

SUPPLEMENTARY INFORMATION

After the EPA’s explanation of considerations and decisions about the changes (p. 5-225), the regulations follow. As I note those changes, I will add them here.

 

New UST Regs for Protection from Groundwater Contamination

EPA’s updated underground storage tanks (UST) regulations are final and will be published soon in the Federal Register

The U.S. EPA has strengthened the Underground Storage Tank (UST) requirements to protect us from groundwater contamination with better prevention and detection of leaks from UST systems. The UST program changes, revisions to the 1988 federal underground storage tank (UST) regulations, strengthen UST prevention and detection practices, increase emphasis on properly operating and maintaining UST equipment, and ensure parity in implementing the national UST program. This is the first major revision to the federal UST regulations since 1988.

Check out the Comparison Chart overview of the 468 page document– it points out major changes to the 1988 UST regulations with the new 2015 UST regulations. You can see the actual differences in a redline strikeout version showing the final 2015 regulations imbedded into the existing regulations. I’ve found both of these documents very helpful. The 10-page chart is a great quick review and the strikeout is a good resource.

EPA created a specific website for the Revised UST Regulations so you can access links to a pre-publication version of the signed regulations, regulatory impact analysis, and response to comments document as well as the comparison and additional resources. Once published, a link to the Federal Register version of the regulations will also be listed there.

I really liked that Carolyn Hoskinson, the head of EPA’s UST program shared

At all times we based our decisions on these strong values:

  • balance important environmental protection with the reasonableness of the cost and complexity to our regulated community
  • focus on the highest priority areas that appear to continue to lead to ongoing releases from UST systems
  • allow flexibility whenever possible
  • rely on industry standards whenever possible
  • consider the implementation of these requirements and strive to make the requirements as straightforward as possible by things like aligning due dates and writing in plain, easy-to-understand language

While these changes may be difficult and expensive for people/companies, I understand that the underlying purpose is to protect us from groundwater contamination and appreciate the values Carolyn pointed out they operated under as they considered their revisions. The EPA granted a 3 year grace period for many of the significant changes. If you have any questions about your UST compliance, please ask. We’re here to help.

Melanie

View from one of TAIT's projects in Alaska

View from one of TAIT’s projects in Alaska

2015 Revised Underground Storage Tank Regulations

2015 Revised Underground Storage Tank Regulations

We’ve been waiting for years for the update to finally be announced, and here it is: The requirements implemented on the effective date of the final UST regulation are those that either do not require significant education and outreach or apply to new installations, repairs, or releases. EPA is allowing up to three years for owners and operators to implement the requirements that require significant outreach, equipment to be upgraded or installed (such as for previously deferred UST systems), or scheduling and testing. During those three years, the regulatory/implementing agencies shall educate owners and operators about today’s new requirements and allow owners and operators to schedule testing. The exception to implementing the requirements immediately or in three years is that EPA is implementing the secondary containment requirement 180 days after the effective date of the UST regulation.

Keep in mind, we do not have the effective date, yet. We do know it will be soon, maybe tomorrow!

Here are the Implementation Time Frames for the New Requirements in an easy to read chart – Immediately, 180 days or Three Years

Chart of Implementation Time Frames for New Requirements

9 Note that EPA is requiring owners and operators to also submit a one-time notification of existence for these UST systems within 3 years of the effective date of today’s final UST regulation.

States with Approved UST Programs are going to have to incorporate the changes to the UST technical regulations.  They will have three years to reapply in order to retain their SPA status. Owners and operators in these states must continue to follow their state requirements until the state changes its requirements or until the state’s SPA status changes.
Map showing states with EPA State Program Approval

That means there will be three years grace period before we start seeing enforcement/NOVs for some of the required changes.

The owners and operators in 16 non-SPA states and territories must meet the federal requirements according to the schedule in the 2015 UST regulation. In addition, owners and operators will need to follow their state requirements. Indian country UST owners and operators must meet the federal requirements according to the schedule in the 2015 UST regulation.

Here is a Comparison that shows the 2015 Revised UST Regulations versus the 1988 UST Regulations. It’s a 10 page PDF Spreadsheet showing the highlights of the full 468 page document, called the Prepublication version of the final UST regulations. Some forms you may want to review are the New Ownership Change Notification Form and the Updated Notification Form. TAIT recommends all Owners and Operators download and read the updated MUSTs for USTs which provides a nice straightforward explanation of requirements when owning and working with underground storage tanks.

TAIT is an expert in and has been working with fueling systems and Underground Storage Tanks for over 50 years. Our Regulatory Affairs Manager Brian Harmon focuses on the regulatory environment and upcoming changes and his comments are integral to regulation changes such as this. ASK US your questions. Allow us to bid on your tank projects. Before making any quick decisions, let’s discuss your situation and your tanks and we can provide guidance on the most cost effective way to move forward to get you in compliance with the current and new regulations.

Visit the EPA’s Underground Storage Tanks 2015 Revised Underground Storage Tank Regulations page for all the details

In June 2015, EPA issued the 2015 underground storage tank regulation and the 2015 state program approval regulation. The revisions strengthen the 1988 federal underground storage tank (UST) regulations by increasing emphasis on properly operating and maintaining UST equipment. The revisions will help prevent and detect UST releases, which are a leading source of groundwater contamination. The revisions will also help ensure all USTs in the United States, including those in Indian country, meet the same minimum standards. This is the first major revision to the federal UST regulations since 1988.

TAIT Civil Engineering

EPA Releases Top 25 List of Cities with Most Energy Star Buildings

TAIT has a presence in or near many of the cities listed below. If you have questions about civil engineering and architecture, contact us today to learn more about TAIT’s services and ensuring your buildings and projects exceed expectations!

TAIT Civil Engineering
FOR IMMEDIATE RELEASE
April 10, 2014

EPA Releases Top 25 List of Cities with Most Energy Star Buildings

Los Angeles, Washington, D.C., Atlanta, New York, San Francisco make top five, cutting energy costs while increasing efficiency, protecting health, reducing pollution

WASHINGTON
– Today, the Environmental Protection Agency (EPA) announced the sixth annual list of the top 25 U.S. metropolitan areas with the most Energy Star certified buildings. The cities on this list demonstrate the economic and environmental benefits achieved by facility owners and managers when they apply a proven approach to energy efficiency to their buildings.

The Top 10 cities on the list are: Los Angeles; Washington, D.C.; Atlanta; New York; San Francisco; Chicago; Dallas; Denver; Philadelphia; and Houston.

“Not only are the Energy Star top 25 cities saving money on energy costs and increasing energy efficiency, but they are promoting public health by decreasing greenhouse gas emissions from commercial buildings,” said Administrator Gina McCarthy. “Every city has an important role to play in reducing emissions and carbon pollution, and increasing energy efficiency to combat the impacts of our changing climate.”

Energy use in commercial buildings accounts for 17 percent of U.S. greenhouse gas emissions at a cost of more than $100 billion per year. Energy Star certified office buildings cost $0.50 less per square foot to operate than average office buildings, and use nearly two times less energy per square foot than average office buildings.

The data also show that more than 23,000 buildings across America earned EPA’s Energy Star certification by the end of 2013. These buildings saved more than $3.1 billion on utility bills and prevented greenhouse gas emissions equal to the annual electricity use from 2.2 million homes.

First released in 2008, the list of cities with the most Energy Star certified buildings continues to demonstrate how cities across America, with help from Energy Star, are embracing energy efficiency as a simple and effective way to save money and prevent pollution. Los Angeles has remained the top city since 2008 while Washington, D.C. continues to hold onto second place for the fifth consecutive year. Atlanta moved up from the number five to number three. For the first time, Philadelphia entered the top 10, ranking ninth.

Commercial buildings that earn EPA’s Energy Star must perform in the top 25 percent of similar buildings nationwide and must be independently verified by a licensed professional engineer or a registered architect. Energy Star certified buildings use an average of 35 percent less energy and are responsible for 35 percent less carbon dioxide emissions than typical buildings. Many types of commercial buildings can earn the Energy Star, including office buildings, K-12 schools, hotels, and retail stores.

Products, homes and buildings that earn the Energy Star label prevent greenhouse gas emissions by meeting strict energy efficiency requirements set by the U.S. EPA. In 2013 alone, Americans, with the help of Energy Star, saved an estimated $30 billion on their utility bills and prevented greenhouse gas emissions equal to the annual electricity use of more than 38 million homes. From the first Energy Star qualified computer in 1992, the Energy Star label can now be found on products in more than 70 different categories, with more than 4.5 billion sold. Over 1.5 million new homes and 23,000 commercial buildings and industrial plants have earned the Energy Star label.

The 2014 Energy Star Top Cities are:

1. Los Angeles
2. Washington, DC
3. Atlanta
4. New York
5. San Francisco
6. Chicago
7. Dallas-Fort Worth
8. Denver
9. Philadelphia
10. Houston
11. Charlotte
12. Phoenix
13. Boston
14. Seattle
15. San Diego
16. Minneapolis-St. Paul
17. Sacramento
18. Miami
19. Cincinnati
20. San Jose
21. Columbus, Ohio
22. Riverside, Calif.
23. Detroit
24. Portland, Ore.
25. Louisville

More on the 2013 top cities: www.energystar.gov/topcities

More on Energy Star certified buildings:
www.energystar.gov/buildinglist

More about earning the Energy Star label for commercial buildings:
www.energystar.gov/labeledbuildings

Minnesota’s Draft General Permit for Construction Stormwater Discharges

The Minnesota Pollution Control Agency (MPCA) is inviting stakeholders to comment on the draft Construction Stormwater General NPDES/SDS Permit up until March 20.

Comments, which must be writing, are due by 4:30 p.m. CT, March 20 to Lawrence Zdon, MPCA permit writer, at Lawrence.zdon@state.mn.us or 520 Lafayette Road N. St. Paul, MN 55155-4194.

Stakeholders will have an opportunity to ask questions about the draft permit at a public information meeting on March 8, beginning at 9 a.m., in the MPCA Citizens Board Room in the lower level of the agency’s St. Paul office.

Minnesota’s UST Operator Training Rules

Minnesota’s UST Operator Training Rules went into effect on May 18, 2010.  The good news for operators is the deadline has been officially pushed back one year.  Operators at UST facilities where the facility telephone area code is 651, 952, 612, or 763 must pass the examination no later than August 8, 2011.  Operators at UST facilities where the facility telephone area code is 507, 218, or 320, or other area code must pass the examination no later than August 8, 2012.