Category Archives: United States

PEI Response to RP900 Public Comments

PEI is the leading authority for fuel and fluid handling equipment.

PEI’s Underground Storage Tank (UST) System Inspection and Maintenance Committee met earlier this month and acted on 98 public comments offered to update PEI’s Recommended Practices for the Inspection and Maintenance of UST Systems (PEI/RP900)

Many of the comments were accepted in one form or another. A few suggestions that were not incorporated into RP900 are also of some significance to users of the document.

Here is a summary:

  • The scope of the recommended practice was NOT expanded to include UST systems and associated equipment other than that used to store and dispense gasoline, diesel and related petroleum products at vehicle fueling facilities. In other words, the document is not intended to apply to marinas, aviation-fueling facilities, farms, emergency generators, etc. The committee did broaden the scope to include the shear valve.
  • The Committee recognized that, in many instances, the new federal inspection requirements that became effective October 13, 2015, were less comprehensive than the inspection practices contained in the 2008 edition of RP900. After reviewing all the inspection requirements of the federal rule, the Committee revised the document to meet or exceed the walkthrough inspection requirements and frequencies contained in the federal regulations. In a few instances, the Committee included recommended procedures for walkthrough inspections in the document that were not included in the federal rule. The Committee also rejected several proposals to increase the frequency of some inspections (e.g., spill bucket drain valves, interstitial space of drain valves).
  • A number of comments dealt with water and the quality of fuel in the UST. The Committee made a few tweaks to Section 7.6.5.1 that now requires the owner to check to see if water is present and, if found, to notify the appropriate person in the company. Section 7.6.5.1 also will direct the owner to a new appendix that will discuss water issues and suggest strategies to keep water out of the tank. The appendix will be available for public review and comment before it is included in the 2016 edition of RP900.
  • All of the testing requirements contained in RP900 were removed from the document and will be considered for inclusion in PEI’s Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities (PEI/RP1200). By this action, the Committee opted to provide one document to use for walkthrough inspections of UST systems (RP900) and another to test the equipment and verify it is working properly (RP1200). As a result of this decision, both RP900 and RP1200 will be released simultaneously, probably sometime this summer.

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.

 

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.

TCEQ Publishes Changes Coming for Stage II Vapor Recovery Systems

The TCEQ – Texas Commission on Environmental Quality‘s publication The Advocate – writing for and about small businesses and local governments affected by environmental regulations published this update regarding the removal of Stage II Vapor Recovery equipment. The rules are written, but are awaiting approval by the EPA. Removal will not begin until a minimum of 30 days after approval. Even with approval to remove the equipment, costs may restrict many owner/operators of fuel dispensing facilities to retain the equipment they have.

TCEQ Publication "The Advocate" for and about small business and local governments affected by environmental regulationsWhen the Federal Clean Air Act was written, it prescribed stage II vapor recovery systems be used until onboard vapor recovery canisters on vehicles were in widespread use. EPA has determined that onboard canisters on vehicles are now in widespread use, which will allow states to develop a procedure for removing or decommissioning stage II systems. The procedure must be approved by the EPA.

The TCEQ has completed revising the rules and they are being reviewed by the EPA. Decommissioning may not begin until 30 days after the EPA approves the modified TCEQ rules. We have been working closely with EPA in this process and we expect the EPA to approve the TCEQ rules sometime in the first half of 2014. In the meantime, you must maintain Stage II vapor recovery system equipment and testing.

Information will be sent to all owners and operators when the EPA approves the TCEQ rules. The updated information will be available online.

You can receive updates by e-mail: on the TCEQ home page, click on “sign up for e-mail updates” and after logging in, click on “Regulatory Announcements for Small Businesses and Local Governments.”

If you have any questions about Stage II Vapor Recovery requirements in Texas or other states, Contact Us to learn more. Our Regulatory Affairs Manager, Brian Harmon is a subject matter expert and will be happy to help answer questions or address scenarios where you may want to make changes at your facilities. TAIT has experience at all levels with Stage II Vapor Recovery Systems.

Previous Blogs:

TCEQ & Decommissioning Stage II

TCEQ Proposing to Decommision Stage II Vapor Recovery

Has Your State Waived Stage II Vapor Recovery Requirements?

Successful Designated Operator Program – Contact us to Request a Presentation

Tim Ericsen, COO of Tait Environmental Services, featured in the “O&A” Oil &Automotive Marketing News – for presenting “Contracted Designated Operator – Managing a Successful Program” at the 2013 Pacific Oil Conference in Los Angeles California September 3-5. Here are images from the article:

Newspaper Cover Image

Tim Ericsen, COO of Tait Environmental Services, featured in the "O&A" Oil &Automotive Marketing News - for presenting "Contracted Designated Operator - Managing a Successful Program" at the 2013 Pacific Oil Conference in Los Angeles California September 3-5.

Article Title

54th Annual Pacific Oil Conference Heading for L.A. Live

Article Title Page - Tim Ericsen, COO of Tait Environmental Services, featured in the "O&A" Oil &Automotive Marketing News - for presenting "Contracted Designated Operator - Managing a Successful Program" at the 2013 Pacific Oil Conference in Los Angeles California September 3-5.

 

 

Tim featured in the article

Tim Ericsen, COO of Tait Environmental Services, featured in the O&A Marketing News

Tim’s Title Slide

Contracted Designated Operator – Managing a Successful Program

Contracted Designated Operator - Managing a Successful Program by Tim Ericsen, COO Tait Environmental Services

Example Slide from the Presentation

Common Errors and Omissions

Example Slide - Common Errors - Expired Designated Operator Certification

 
Example Slide Common Errors portion of the presentation: Expired Designated Operator Certification

To request this presentation at your event, contact Tim Ericsen. For any questions about our DUSTO program and the similar Operator Inspections TAIT performs throughout the US, contact us today! TAIT is pleased to serve you in either capacity, and we do much more.

24th National Tanks Conference & Expo

24th National Tanks Conference & Expo

Come see TAIT in booth #102! We will be next to our training partner UST Training and are happy to discuss training and our many programmatic tank services such as testing and inspections, as well as the full gamete from design and installation, repairs and upgrades through removals and remediation.

The Annual National Tanks Conference and Exposition is produced by the New England Interstate Water Pollution Control Commission, in conjunction with the U.S. Environmental Protection Agency’s Office of Underground Storage Tanks, the Association of State and Territorial Solid Waste Management Officials, and the host state, this year it’s Colorado.

The purpose of this event is to provide learning and networking opportunities for federal, state, and tribal colleagues in the underground storage community. The focus is on progress, priorities, and plans for the pursuit of a common goal–to find new and better ways to work together to protect human health and the environment from tank releases.

TAIT enjoys participating in the shows and look forward to them each year. We are giving out an Apple prize again this year. See last year’s winner below.  Come visit us in Booth #102! If you’d like to schedule a time to meet, contact Melanie Nelson.

iPod Winner Chris Plassmeyer

iPod Winner Chris Plassmeyer

See TAIT at PEI / NACS – Atlanta, Oct 12-15

Come see TAIT  in booth #4552 at the PEI 2014 CONVENTION OCTOBER 12th – 15th, 2013

The Petroleum Marketers Association of America (PMAA) has held its Fall Meeting as part of the NACS Show since in 1995 and the Petroleum Equipment Institute (PEI) has held its annual meeting as part of the NACS Show since in 2002. In 2012, the NACS Show attracted more than 24,000 industry professionals from 65 countries — all seeking or offering the newest innovations, education and conversations about today’s important industry trends and issues.

As convenience and fuel retailing’s premier industry event, the NACS Show offers unmatched opportunities for buyers and sellers to come together, conduct business and learn from one another — all in an environment rich with new ideas and new partnerships.

TAIT enjoys participating in the shows and looks forward to them each year. One funny thing from last year was that my suit matched the carpet. No, really. I’ll add the picture below. Come visit us in Booth #4552!

Melanie matched the Carpet

Usually Melanie stands out in her Bright Red suit…