Colorado UST regulations were officially adopted on January 1, 2017. For a summary of what has changed, check out the the Colorado Petroleum Bulletin. Here is a link to the entire regulations. Also, here is a link to a guidance document on secondary containment testing.
Andy Tait (Director, Texas)
Andrew “Andy” Tait is a Texas-licensed Professional Environmental Engineer and is the TAIT Operations Manager for Texas. He brings over 25 years of experience in environmental consulting including municipal clients as a project manager, engineer, and business resource manager. Andy has expertise in a diverse array of project and is proficient in a wide range of remedial technologies including soil vapor extraction, groundwater pump and treatment, in-site bio-degradation, and excavation. He has diverse civil and environmental consulting experience and is the Director of our UST Training Services. He has successfully converted a classroom training of UST operators to an online, e-commerce system to meet the needs of the 2005 UST Energy Policy Act operator training provisions, and also has tracked the development of UST operator training and inspection rules on a state-by-state basis for his clients. With his extensive experience with remedial investigations of hazardous waste sites, performance of feasibility studies, cost estimation, corrective measure studies, and design and construction of remedial systems for hazardous waste sites, he managed subsurface site investigation and remediation projects from initial site assessment through completion of remedial activities to successful site closure. Mr. Tait has hands-on experience with environmental, health, and safety compliance, including Spill Prevention, Control and Countermeasure Plans (SPCC) and Storm-water Pollution Prevention Plans (SWPPP).
Matt Denison (Director of Operations )
TAIT’s Non-Engineering Environmental Services program for the City of Dallas will be supported by Mr. Matt Denison who is the Director of Operations for TAIT. Mr. Denison brings to the City over 13 years’ experience managing large-scale compliance programs for complex organizations. Mr. Denison has successfully managed multiple environmental programs, including but not limited a Fortune 10 Telecom Company and a Fortune 500 Real Estate Holdings Company.
Melanie Nelson (Business Development Manager)
Mrs. Nelson develops relationships with TAIT clients and is a program point of contact to clients for TAIT and brings over 7 years of working with environmental consulting specializing in USTs to the group. She has extensive practical experience in people and project management of a variety of heavily regulated, compliance driven industries. She also has expertise in Microsoft SharePoint architecture and UST Operator Training and is skilled in the field of photographic construction documentation services. Mrs. Nelson is the Business Development Manager at TAIT Environmental Services and is a Certified Environmental and Safety Compliance Officer (CSEM), Associate Environmental Professional (AEP) and Certified Safety Environmental and Emergency Manager (CESCO). She also assists in communications with clients and internally works as a business resource manager.
Bill Duree (Fuel System Designer)
Mr. Duree has been working in the design and engineering business since 1973 and has been working for TAIT since 1984. He has experience in anything that involves fueling motor vehicles, aircraft, emergency generators and locomotives, as well as some construction management & business development/marketing. He has a hands-on, working knowledge of the operations and maintenance requirements of the latest equipment used in petroleum storage and distribution systems, including spill containment fill boxes, containment sumps, overfill prevention devices, tank monitoring systems, underground and aboveground storage tanks, pumps, dispensers, vapor recovery systems, fuel management systems, and fiberglass and flexible piping systems. ** Bill is lauded across the industry for his attention to detail in his designs such as drawing to scale all the components in a UST sump. He is a hands-on mechanically inclined person resulting in his having a mechanical understanding of how the components work together as well as head logic/knowledge that make him an ideal resource for any fueling system designs needed.
Key Field Personnel – Construction Managers / Technicians / Others
Mr. Norman has been working in the environmental industry for municipalities, private and public companies since 1978. After working alongside TAIT over that time, he joined the company as a full time employee and has been an Environmental Technician at TAIT for the last few years. His breadth of experience in the industry spans all aspects of petroleum fuel tank work, from installation through maintenance, including removal. He is a licensed A and B installer/remover and is also certified as a UST AB Operator.
Eric Durham has been employed by TAIT Environmental Services for 12 years performing multiple UST services focusing on compliance testing and repairs of USTs for both municipal and private clients. His years of hands-on experience performing inspections, conducting testing events, making repairs to UST systems, and installing UST components have allowed him to develop into a well-rounded technician skilled in all aspects of field UST work. Mr. Durham has a plethora of manufacturing-specific certifications as well as ICC & state certifications.
**States we do work in – perhaps list by person? can do fuel design in all 50, etc.
TCEQ is in the process of renewing the TPDES Multi-Sector General Permit for industrial facilities, TXR050000, which expires August 14, 2016. A public meeting will be held on November 16, 2015.
A quick synopsis of the changes include:
Changed the Standard Industrial Classification (SIC) code to clarify what facilities are regulated under the general permit.
Added narrative and numeric effluent limitations guidelines for airport and airplane deicing operations.
Changes to benchmark values and sampling.
Added SIC code 7699 to Sector R.
Clarified permit language in Part V, Sector P, pertaining to the storage of crude oil.
Clarified permit language in Part V, Sector I (Oil and Gas Extraction Facilities) when facilities qualify for permit coverage under the EPA NPDES permit, or when they qualify under the MSGP.
Clarified permit language in Part II, Section C.1(a) for above ground storage tanks (ASTs) requirements.
Added language to Part III, Section D.1 (c) to clarify how permittees should document zero rainfall totals, or no rain for sampling requirements.
- Added clarification to the section “Impaired Water Bodies and Total Maximum Daily Load Requirements” to address when discharges are considered discharging to an impaired water body.
Draft permit was similarly revised to clarify that an applicant who owns or operates a facility classified as an “unsatisfactory performer” is entitled to a hearing before the commission prior to denial or suspension of authorization.
You can view the full permit at: http://www.tceq.state.tx.us/assets/public/permitting/stormwater/txr050000_factsheet.pdf
Written public comments must be received by 5:00 p.m. on November 16, 2015 and may be submitted to:
Office of the Chief Clerk (MC 105)
P.O. Box 13087
Austin, TX 78711-3087
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.
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.
All new dispensers need to have under-dispenser containment.
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.
What happens when your fueling systems are out of compliance? Sometimes they leak. Often Notices of Violations (NOVs) will be given and fines may be assessed. Below are two examples recently shared by the Petroleum Equipment Institute (PEI), one from Texas – regulated by the TCEQ and one from California – regulated by the California State Resources Board (and individual CUPAs throughout the state). The PEI Convention at the NACS Show is coming up this October in Las Vegas, NV. TAIT will be there and will have a booth #7012 . Stop by and see us or contact us to learn more about keeping your fuel system in compliance. We have been working with fueling systems for over 50 years as a consultant and contractor and can answer questions and offer trusted advice on your particular situation.
From PEI’s Newsletter:
IN THE COURTS
Nicholas Petroleum, Inc. learned of a possible leak in 2006, when the Texas Commission on Environmental Quality (TCEQ) asked the company to inspect its underground gasoline tanks (USTs) after reports of subsurface contamination. The company conducted the initial environmental investigation—but not the subsurface assessment TCEQ requested—and it ignored further inquiries by the agency until 2008, when a TCEQ inspector located a leak in an unleaded gasoline line. At the agency’s direction, Nicholas then hired a licensed contractor to investigate the release, and well water samples confirmed the contamination. TCEQ formally advised Nicholas on February 5, 2009, that it was a potential responsible party (PRP). Nicholas filed a claim with its insurance company, Mid-Continent Casualty. Co., Inc., on April 10, 2009, and the insurer denied it. Mid-Continent cited a provision in its policy stating that the insured had 30 days after receipt of the claim from TCEQ for filing a written claim with Mid-Continent, and that Nicholas had failed to do so.A Texas appeals court held that contracts must be enforced as written, and the notice requirement in the policy trumped the fact that Mid-Continent admittedly suffered no prejudice by the late filing.
The San Francisco Municipal Transportation Agency negotiated a $1.35 million agreement to resolve alleged UST violations at four facilities, the California State Water Resources Board said July 27. Specific allegations accused the transportation agency of failing to ensure monthly inspections and testing of various equipment; recordkeeping failures; failure to adequately maintain spill containment systems and equip USTs with overfill protection; and making false statements to authorities. The settlement requires the agency to pay $425,000 in penalties and $100,000 for reimbursement of enforcement costs. State officials agreed to suspend $850,000 in penalties and other payments if, over the next five years, the agency completes several enhanced compliance projects and remains in compliance with the laws and terms of the final consent judgment.
Spill prevention, planning and response training from Boat US offers videos, interactive exercises and interviews
Great news from Boat US for marina workers – free training teaching on how to respond to fuel and oil spills:
As the summer boating season is underway, marinas, boat yards and clubs are staffing up. These seasonal employees, sometimes high school, college students or part-timers are responsible for refueling hundreds of boats – but do they have the training to prevent a fuel spill? With a grant from National Fish and Wildlife Foundation, the BoatUS Foundation now offers these seasonal employees a critical learning tool, “Spill Prevention and Response for Marina Staff,” at BoatUS.org/spill-prevention.
The free online course, which covers spill prevention, planning and response, offers videos, interactive exercises and interviews with spill responders, marina owners and managers, and can be taken at anytime.
Spill Prevention and Response for Marina Staff does not provide HAZWOPER certification but covers the simple ways any seasonal employee can help prevent spills and safely respond should a spill occur as well as the simple steps they can take to prevent a spill at your marina. While the course is designed for new marina staff, included throughout are management tips to provide additional information to more senior staff.
The course looks at practical topics, such as how to know when a boat fuel tank is full. Additional content includes a look at different types of oil and fuel products at marinas and how to handle each safely, legally and carefully; impacts on the environment; ways to identify spill prone activities and best practices to prevent a spill; safety concerns and precautions needed with handling oil and fuel; how spill prevention and response laws impact refueling facilities; how to prepare for spill events; and know what steps to take if you have a spill.
Signage, Discounted Life Jackets, How-To Guide
There’s still time for TAIT to assist with your CA Industrial General Storm Water Permit
Enrollment for the Statewide Industrial General Storm Water Permit (2014-0057-DWQ) has been Extended 6 weeks to close of business on Friday, August 14, 2015
As you likely have observed, the State Water Resources Control Boards’ (State Water Board) SMARTS Storm Water Program database is limiting new enrollments or annual submittals from existing enrollees as required by the Statewide Industrial General Storm Water Permit (IGP). State Water Board staff have identified a technical issue that is affecting bandwidth of the system and restricting access to the database. Due to these challenges, the July 1, 2015 deadline for enrollment under IGP Permit 2014-0057-DWQ, adopted by the State Water Board on April 1, 2014, and the deadline for submittals under the now expired IGP Permit 97-03-DWQ have both been extended to close of business on Friday, August 14, 2015. This database access issue does not impact saved work items in SMARTS. If you have any questions or need customer assistance, our staff will be available to assist you during our normal business hours – Monday through Friday, 8:00 a.m. to 5:00 p.m.
There are changes and you need to be prepared. For an overview, read our recent blog about CA’s New Industrial Storm Water Discharge Permit. IGP requires electronic applications and reporting. If you missed the 2015 Workshops for the New Industrial General Permit, we’ll be happy to discuss changes and the process with you, as well as perform the permitting for you. There are also resources available online such as the Summary of Significant Changes for the New Industrial General Permit. We look forward to talking with you.
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.
Here are more related blogs:
Are you aware of the changes to California’s Industrial Stormwater Discharge Permit? Are you prepared to submit electronically?
What are stormwater permits and why do I need to know?
The National Pollutant Discharge Elimination System (NPDES) permit program controls water pollution by regulating point sources that discharge pollutants into waters of the United States. Stormwater runoff is generated when precipitation from rain and snowmelt events flows over land or impervious surfaces and does not percolate into the ground. As the runoff flows over the land or impervious surfaces (paved streets, parking lots, and building rooftops), it accumulates debris, chemicals, sediment or other pollutants that could adversely affect water quality if the runoff is discharged untreated. Most stormwater discharges are considered point sources and require coverage under an NPDES permit. Click to learn more about the Stormwater program. Most states are authorized to implement the Stormwater NPDES permitting program. EPA remains the permitting authority in a few states, territories, and on most land in Indian Country.
Are you in California? Ready for the New Industrial Stormwater Permit?
In California, the CalEPA’s State Water Resources Board is the authority. The new Industrial General Permit (IGP) was adopted April 1, 2014 and is effective July 1, 2015. The IGP requires electronic applications and reporting. If you missed the
2015 Workshops for the New Industrial General Permit, we’ll be happy to discuss changes and the process with you, as well as perform the permitting for you. There are also resources available online such as the Summary of Significant Changes for the New Industrial General Permit.
NATIONALPOLLUTANTDISCHARGEELIMINATION SYSTEM (NPDES) GENERALPERMIT FOR STORMWATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITIES ORDER NPDES NO. CAS000001 ORDER 2014-0057-DWQ
TAIT’s professional environmental consultants can provide one or all of the following services associated with this plan:
- Preparation of the Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) and Site Map for the new General Permit. Assist clients with the electronic upload of the required information into the State Water Resources Control Board (SWRCB) Storm Water Multiple Application and Report Tracking System (SMARTS).
- Perform and document monthly inspections of the facilities to visually observe the best management practices (BMPs) for each drainage area for:
- Unauthorized non-storm water discharges (NSWDs)
- Authorized NSWDs
- Outdoor Industrial activities, BMPs, potential pollutant sources
- Perform Qualifying Storm Event (QSE sampling):
- 2 sampling events within first half of reporting year
- 2 sampling events within second half of reporting year
- Upload of sampling data into SMARTS database
- Prepare annual reports of facility activities, inspections, and sampling for the calendar year ending on July 1 of each year. Upload of reports into the SMARTS database.
- If your facility qualifies for a No Exposure Certification (NEC), TAIT can assist with the preparation and uploading of the initial Permit Registration Documents (PRDs) and annual recertification documents via SMARTS.
Reach out to us and ask any questions you have. The deadline is coming up quickly, and we are here to help 🙂