The TFFA Texas course has been remodeled! Shortest TCEQ approved Texas course offered for AB Operator training! Eye appealing, direct, and easy to follow information. Click on the button below OR visit texas.ustcourse.com to get started!
Please join me in welcoming our new Associates in the Texas office!
Shane Cameron, Training & Project Coordinator
Shane joins TES in Texas as a Training and Project Coordinator. Shane is awesome and spends his off time in a band called Sunrise Pilots.
Miguel Vazquez, Petroleum Storage Tank Technician.
Miguel joins TES in Texas as an entry level technician. Miguel is married with two little girls, the youngest is now 3 months old!
Kevin Allen, Sr. Project Manager
Kevin joins TES in Texas as a Sr. Project Manager with 15 years of environmental experience. See Kevin with his youngest daughter in the photo attached. He also has an older daughter and he attributes both of his daughters’ good looks to his wife!
Paul Morgan, Project Coordinator
Paul started in our TX office this morning as a Project Coordinator. He’s originally from Long Island, NY and has been in Dallas for 20 years with his girlfriend Dianna and 3 dogs. He considers himself a huge NY Yankees and Pittsburgh Steelers fan. He likes to visit Los Angeles and NY as much as possible for the beach.
Dustyn Kilborn, Petroleum Storage Tank Technician
Dustyn joins TES in Texas as an entry level technician and starts his first day today!
Welcome to the TAIT Team!
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.
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.
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:
- 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
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:
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 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.
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 email@example.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)
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.
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.