Category Archives: Missouri

Missouri A/B/C Tank Operators

Missouri’s new UST operator training rule requires that persons with responsibility for the proper operation of USTs and for responding to emergencies and leaks be properly trained by July 1, 2016. When you want to learn about requirements for USTs in Missouri, you’re going to want to read the

Rules of Department of Natural Resources

Division 26—Petroleum and Hazardous Substance Storage Tanks

Chapter 2—Underground Storage Tanks—Technical Regulations

http://s1.sos.mo.gov/cmsimages/adrules/csr/current/10csr/10c26-2.pdf

To be a Qualified Class A/B Operator, an individual must:

  • Be certified as a Class A or Class A/B Operator in one (1) of the following states: Arkansas, Oklahoma, Kansas, Iowa, Illinois, Kentucky, or Tennessee; or
  • Pass a test offered by the Petroleum Storage Tank Insurance Fund Board of Trustees, which shall be available via the Internet at no cost to UST owners and operators.

To be a Qualified Class C Operator, an individual must:

  • Be certified as a Class C Operator in Arkansas, Oklahoma, Kansas, Iowa, Illinois, Kentucky, or Tennessee;
  • Be trained by a Qualified Class A/B Operator; or
  • Pass a test offered by the Petroleum Storage Tank Insurance Fund Board of Trustees, which shall be available via the Internet at no cost to UST owners and operators.

Training of certified A/B and C operators must be completed by July 1, 2016.   The MO operator training program is now on-line:  http://www.pstif.org/ust_operator_training.html Free web-based courses and tests are available for you http://optraining.pstif.org/intro/

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.

Has Your State Waived Stage II Vapor Recovery Requirements?

Has Your State Waived Stage II Vapor Recovery Requirements? Because recent models of most vehicles include vapor recovery technology in the cars and trucks themselves, EPA is allowing states that can demonstrate widespread fleet turnover to remove from their State Implementation Plans Stage II vapor recovery requirements for gasoline-dispensing facilities once state regulations are repealed.

A little history: Stage II vapor recovery is one of the tools states could use in order to attain and maintain air quality standards required by Part C or Title I of the Clean Air Act of 1990. The Stage II Vapor Recovery system was required to be installed in non-attainment areas that did not meet the state and federal air quality standards.

In vehicles that do not have an ORVR system, a Stage II Vapor Recovery system installed on the fuel dispensers is an important thing for anyone who pumps gas to consider. Before awareness was brought to the dangers of these toxic vapors escaping into the atmosphere, there were no measures taken to contain the vapors and dispose of them in an environmentally friendly way. Eventually, a method was developed that let the vapors flow back into the gasoline pump as the gas pumped into a vehicle. This development signified great progress but soon became unnecessary as cars become more technologically advanced and were able to treat these vapors themselves.

In 1994, automobile manufacturers were required ito install an ORVR system for the vehicles sold in the United States. ORVR Implementation was broken down into four phases starting with Light Duty Vehicles (LDVs) and ending in 2004 Heavier-Light Duty Trucks (LDTs).

Now, we are looking at regulation changes: As of May 16, 2012 the EPA waived the requirement for states to implement Stage II Vapor recovery systems at gasoline dispensing facilities. For a state-with the EPA’s approval-to revoke this regulation they must request to remove the program from their State Implementation Plan (SIP). The reason for this change is that the majority of cars that were built after 1996 have the means to safely control the vapor so it does not escape into the environment. Many of these states require pre-established gas pumps to keep the old technology but allow new or renovated gas pumps to forgo this extra amenity.

Due to the changing regulations, there is a need to constantly be aware of what each of the states, and in some instances local agencies, are requiring. The list below has been compiled to show the status of each state, and we have linked to the state websites and actual documentation where possible so you may review data from the source:

Alabama       Updated 9/13/12

Alabama has not waived Stage II Installation requirements in local rules.

Alaska     Updated 9/13/12

We do not have information at this time.

Arizona     Updated 9/13/12

Arizona has not waived Stage II Installation requirements in local rules. The Stage II vapor recovery program is implemented by the Arizona Department of Weights and Measures.

California     Updated 9/14/12

California has not waived Stage II Installation requirements in local rules. The California Environmental Protection Agency (CalEPA) still requires the operation of stage II vapor recovery systems throughout the state.  They are expected to keep this regulation until 2020-2030.

Colorado     Updated 10/23/12

Colorado has not waived Stage II Installation requirements in local rules. Stage II vapor recovery is not required in Colorado, but systems are used in certain isolated locations in this state.

Connecticut – YES     Updated 7/23/13

Connecticut has waived Stage II Installation requirements in local rules for newly constructed GDF as of 2/12/2012. The Department of Energy and Environmental Protection (DEEP) has found that the Stage II vapor recovery program is quickly becoming obsolete and soon will no longer provide air quality benefits. Governor Dannel Malloy signed a bill into law June 18, 2013, that allows gasoline dispensing facilities (GDFs) in the state to decommission Stage II vapor recovery systems provided the procedures outlined in PEI’s Recommended Practices for Installation and Testing of Vapor Recovery Systems at Vehicle-Fueling Sites (PEI/RP300-09) are followed. All GDFs must remove Stage II equipment on or before July 1, 2015.

DC     Updated 9/14/12

DC has not waived Stage II Installation requirements in local rules. When the EPA’s vapor recovery program was required, DC was subject to these regulations because they were a part of the Ozone Transport Region (OTR). DC adopted these regulations in November of 1992 and although the EPA has found that Stage II vapor recovery’s effectiveness is decreasing, DC still requires the systems to be maintained.

Delaware     Updated 9/13/12

Delaware has not waived Stage II Installation requirements in local rules. Any gasoline dispensing facility that ever exceeds a throughput of greater than 10,000 gallons of gasoline will be subject to all the requirements of the Delaware regulation. This regulation requires a gasoline dispensing facility to maintain a Stage II vapor recovery system.

Florida     Updated 9/13/12

Florida has waived Stage II Installation requirements in their local rules. They do not require Stage II installation on facilities installed after 5/15/2007 in Palm beach county, Broward county, and Miami-Dade county.

Georgia     Updated 9/13/12

Georgia has not waived Stage II Installation requirements in local rules. Currently Georgia’s Stage II gasoline vapor recovery rule prohibits any person from constructing or reconstructing a gasoline dispensing facility unless the “facility is equipped and operating with a vapor recovery system to recover the displacement vapors from the vehicle’s gasoline storage tank.” Rule 391-3-1-.02(2)(zz)(1). There are different requirements in the separate counties of Georgia. Knowledge on your area’s gasoline dispensing facility is key to understanding Georgia’s requirement. Current Georgia regulations can be found here.

Hawaii     Updated 10/23/12

Hawaii does not require Stage II vapor recovery controls.

Idaho     Updated 10/23/12

Idaho currently does not require Stage II vapor recovery controls.

Illinois     Updated 9/18/12

Illinois has not waived Stage II Installation requirements in local rules. Any new station in Cook, DuPage, Kane, Lake, McHenry and Will Counties, Oswego Township in Kendall County and Goose Lake and Aux Sable Townships in Grundy County with average sales of 10,000 gallons of gasoline per month or an existing station thats sales exceed 10,000 gallons of gasoline average per month must install and operate a Stage II vapor recovery system.

Indiana     Updated 9/13/12

Indiana has not waived Stage II Installation requirements in local rules. This state however, has passed a non-rule policy that Stage II vapor recovery requirements do not apply to used exclusively for dispensing E85 blended fuel.

Kansas     Updated 10/23/12

Stage II vapor recovery controls are not required in Kansas.

Kentucky     Updated 9/13/12

Kentucky has not waived Stage II Installation requirements in local rules. Stage II controls are still required at gasoline dispensing facilities in Kentucky. 401 KAR 59:174 holds the official requirements for these facilities.

Louisiana     Updated 9/14/12

Louisiana has not waived Stage II Installation requirements in local rules. Stage II vapor recovery controls are required in the parishes of Ascension, East Baton Rouge, Iberville, Livingston, Pointe Coupee and West Baton Rouge. On March 3, 2008, LAC 33:111.2132.B.5’s ban on the dispensing of motor vehicle fuel without a “Stage II recovery system certified by CARB on or before March 31,2001” does not apply to segregated E85 dispensing systems which can only dispense E85 to vehicles.

Maine     Updated 9/13/12

Maine has waived Stage II Installation requirements in local rules. As of November 5, 2008, Maine counties York, Cumberland, and Sagadahoc were required to operate a Stage II vapor recovery system if any gasoline dispensing facilities exceeded 1,000,000 gallons of output per year. In 2008, Maine law also enacted to repeal the recovery requirement for all gasoline facilities by January 1, 2012. (38 MRSA Section 585-E) They also exempted any facilities from this regulation if the facility exceeded the minimum threshold annual throughput or was constructed after June 30, 2008. As of April 3, 2011 Maine’s air rules require the removal of the Stage II system by January 1, 2012 as decreed by Chapter 118 in the rules.

Maryland     Updated 9/13/12

Maryland has not waived Stage II Installation requirements in local rules. They even require tests to be performed on the vapor recovery system ranging from every twelve months to every five years.

Massachusetts – YES     Updated 7/23/13

In 2009 the MassDEP amended 310 CMR 7.24 to exempt refueling facilities that dispense E85from Stage II requirements. On April 27, 2012, an amendment was proposed to 310 CMR 7.24(9) that facilities which refuel corporate and commercial fleets exclusively should be exempt from the Stage II requirements.

The Massachusetts Department of Environmental Protection has decided to exercise its enforcement discretion to allow all motor vehicle GDFs to decommission their Stage II vapor recovery systems. Beginning July 1, 2013, facilities may decommission their Stage II systems, provided that the facility meets the conditions set forth in its June 21, 2013, enforcement discretion directive. The directive requires, among other things, that the GDFs decommission their Stage II systems according to PEI’s 2009 edition of PEI/RP300.
Michigan     Updated 9/18/12

Michigan has waived Stage II Installation requirements in local rules. As of April 2011, the state requirements and the new federal rule do not require Stage II vapor balance systems.

Minnesota     Updated 10/23/12

Minnesota does not require Stage II vapor recovery; there are no designated ozone nonattainment areas in the state.

Mississippi     Updated 10/23/12

There are no ozone nonattainment areas in Mississippi that require Stage II vapor recovery.

Missouri     Updated 9/13/12

Missouri has not waived Stage II Installation requirements in local rules. Stage II vapor recovery is required by Missouri Regulation 10 CSR 10-5.220.

Montana     Updated 10/23/12

Montana does not require Stage II vapor recovery because there are no designated nonattainment areas within the state.

Nebraska     Updated 10/23/12

Nebraska currently has no nonattainment areas and does not require Stage II vapor recovery.

Nevada     Updated 10/23/12

Stage II vapor recovery currently is required in Las Vegas and Reno counties.

New Hampshire     Updated 9/13/12

New Hampshire has waived Stage II Installation requirements in local rules. Rule 1404.17 exempts stations installed after 1/1/2012 and allows existing to remove Stage II by 12/22/2015.

New Jersey     Updated 9/18/12

New Jersey has not waived Stage II Installation requirements in local rules. A gasoline station may only be in operation if it is equipped with a vapor control system.

New Mexico     Updated 10/23/12

Donna Anna county is the only ozone nonattainment area that requires Stage II controls in New Mexico.

New York     Updated 9/13/12

New York has not waived Stage II Installation requirements in local rules. The Department of Environmental Conservation (DEC) is responsible for regulating gasoline vapor releases at gasoline dispensing sites and from gasoline transport vehicles. The counties of Suffolk, Nassau, Rockland, Westchester, and lower Orange, and New York City are required to maintain Stage II vapor recovery systems according to 6NYCRR Part 230. The owner or operator of each dispensing site is responsible for maintaining the equipment. Recently, the state of New York has found that the emission benefits of Stage II no longer justify the the cost of installing new systems or maintaining existing ones.  The DEC is currently working to repeal Stage II requirements.

North Carolina     Updated 9/13/12

North Carolina has waived Stage II Installation requirements in local rules. Title 15A, chapter 2 Subchapter 2D, section 900, rule 953 & 954 were repealed in 2009. These rules required a stage II VR to be installed. 2.0953 specifically applies to facilities located in Mecklenburg County. It states that any facility built after June 30, 1994 or if a new tank is added after that date it must comply with the regulations for vapor return piping for stage II vapor recovery. 2.0954 regulates the control of gasoline vapors at the vehicle fill-pipe during refueling operations. These rules were repealed on April 19, 2009.

North Dakota     Updated 10/23/12

There are no ozone non-attainment areas in North Dakota; the state does not require Stage II vapor recovery.

Ohio     Updated 9/13/12

Ohio has not waived Stage II Installation requirements in local rules. However, the Ohio EPA is working to waive the Stage II requirements.

Oklahoma     Updated 9/13/12

Oklahoma has not waived Stage II Installation requirements in local rules.

Oregon     Updated 9/13/12

Oregon has not waived Stage II Installation requirements in local rules. Though the state only requires these vapor recovery programs in the Portland metropolitan area (Multnomah, Clackamas and Washington counties).

Pennsylvania     Updated 9/13/12

Pennsylvania has waived Stage II Installation requirements in local rules. New law (Act-135), signed on July 5, 2012, requires review of compliance strategy. The Pennsylvania DEQ will not enforce Stage II VR requirements on new installations with the Stage II VR Regs due to increased throughput.

Rhode Island     Updated 9/14/12

Rhode Island has not waived Stage II Installation requirements in local rules. Currently, Stage II vapor recovery controls are required for all gas stations that were constructed or substantially modified after Nov. 15, 1992. Gas stations built before that date that have or have had a monthly throughput of more than 10,000 gallons in any one month after Nov. 1991 also must comply.

South Carolina     Updated 10/23/12

South Carolina currently does not require Stage II vapor recovery controls.

South Dakota     Updated 10/23/12

South Dakota does not currently require Stage II vapor recovery controls.

Tennessee     Updated 9/13/12

Tennessee has not waived Stage II Installation requirements in local rules. Gasoline dispensing facilities in Davidson, Rutherford, Sumner, Williamson, and Wilson Counties are required to maintain vapor recovery requirements if they sell more than 10,000 gallons of gasoline in any one month. Independent small business marketers of gasoline are only required to install Stage II vapor recovery controls if they sell 50,000 or more gallons of gasoline in any month. A Tennessee rule-1200-3-18-.24-(4)-requires for these systems to be tested for vapor tightness ever five years.

Texas     Updated 3/20/14

3/20/2014: The EPA approved the Texas State Implementation Plan (SIP) to decommission Stage II Vapor Recovery. The final rule is available at http://www.regulations.gov  Docket # EPA-R06-OAR-2013-0439. The effective date for this rule is 4/16/14.

1/21/2014: Texas published that the rules for Stage II Vapor Recovery equipment removal
have been written
, and are waiting on EPA approval. Removal may not begin until a minimum of 30 days after approval is received. The TCEQ approved the proposal to the Environmental Protection Agency (EPA) to waive the requirement to implement Stage II in five counties near the Dallas – Fort Worth area; Ellis, Johnson, Parker, and Rockwall on April 11, 2012. On May 16, 2012 the Texas Commission on Environmental Quality (TCEQ) withdrew their proposed revision to the Stage II Vapor Recovery Program. Texas’ current Vapor Recovery Program does contain exemptions. For example, a facility that has never dispensed gasoline from stationary storage tanks is exempt from following the Stage II Vapor Recovery requirements.

Utah     Updated 10/23/12

Stage II vapor recovery controls are not required in Utah.

Vermont     Updated 9/13/12

Vermont has not waived Stage II Installation requirements in local rules. A law passed by Vermont Legislature (10 V.S.A. §583) in 2009 decreed that gasoline stations in Vermont will no longer be required to operate and maintain Stage II vapor controls by January 1, 2013. In many cases, Stage II will not need to be installed before January 1, 2013.

Virginia     Updated 9/13/12

Virginia has not waived Stage II Installation requirements in local rules. No proposals to waive the requirements have been seen. The only activity from Virginia legislature on the vapor recovery was in January of 1993 when Stage II was first implemented.

Washington     Updated 9/14/12

Washington has not waived Stage II Installation requirements in local rules. Starting January 24, 1998, Stage II vapor recovery programs were mandatory in various counties of Washington state. These programs were required if the annual throughput exceeded 1.2 million gallons in Cowlitz and Thurston counties. In Kitsap county, if the annual throughput is greater than 840,000 gallons and in Clark, King, Pierce, and Snohomish counties if the throughput is more than 600,000 gallons, a Stage II system must be installed by December 31, 1998. Gasoline dispensing facilities in all counties must abide by the regulation if their throughput is over 1.5 million gallons and is close to a resident.

West Virginia     Updated 10/23/12

Stage II controls are currently not required in West Virginia.

Wisconsin     Updated 9/14/12

Wisconsin has not waived Stage II Installation requirements in local rules. Specifically, vapor recovery is required in Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha counties. The owner or operator of the gasoline dispensing facility is responsible for making sure the vapor recovery equipment is is working properly. There are exemptions available from this program for facilities that never dispense more than 10,000 non-retail, or 50,000 retail, gallons of gasoline per month.

Wyoming     Updated 10/23/12

Wyoming currently does not require Stage II vapor recovery controls.

Guam     Updated 9/13/12

We do not have information at this time.

Puerto Rico     Updated 9/13/12

We do not have information at this time.

Virgin Islands     Updated 9/13/12

We do not have information at this time.

TAIT UST Inspections and Testing Across the US

Inspection Locations Across the Southern United States

Inspection Locations Across the Southern United States

TAIT Environmental Services is expanding throughout the United States in an effort to help clients address the new Class A/B UST operator training and inspection regulations promulgated by the 2005 Energy Policy Act.  To address the Energy Policy Act, each state has developed their own regulations for UST operator training and in some cases, inspections.  TAIT understands the regulations in each state and is acutely aware of their impact on UST owners.

For many clients, TAIT has assumed the role of the “Class B UST Operator” and is performing routine inspections and “Class C Operator” training at UST sites throughout the United States.  TAIT has performed more than 40,000 UST operator inspections in the past 6 years on behalf of our clients.

TAIT has developed a web-based system for performing inspections on a Microsoft SharePoint 2010 platform called TAIT Environmental Compliance System (TECS) Online.  TECS allows for complete web-based management of inspections,  forms, documents, and records.

Contact Scott Brehmer for more information about our inspection services and TECS Online.