Category Archives: USEPA

TCEQ Proposed Petroleum Storage Tank Rules

 

 

On Nov. 15, 2017, TCEQ commissioners approved publication of the proposed rules for petroleum storage tanks.

The proposed rulemaking amends Title 30 Texas Administrative Code (TAC) Chapter 334. This required rulemaking will incorporate necessary changes to 30 TAC Chapter 334 in accordance with the EPA’s 2015 revisions to the federal underground storage tank (UST) regulations in Title 40 Code of Federal Regulations Part 280.

The rule revisions include:

  • Periodic operation and maintenance requirements for UST systems to conduct walkthrough inspections and test UST system components,
  • New requirements to annually test specific release-detection equipment,
  • Changes to comply with existing EPA release-detection requirements to monitor at least every 30 days (instead of every 35 days), and
  • Minor rule revisions relating to the fee on delivery of petroleum products to reflect changes that were statutorily implemented in the Texas Water Code in 2015.

The public comment period will be Dec. 1, 2017 through Jan. 9, 2018. Comments may be submitted electronically beginning Dec. 1, 2017.

A formal public rule hearing is also scheduled for 2:00 p.m. on Jan. 9, 2018, at the TCEQ’s Central Office located at 12100 Park 35 Circle, Austin, TX 78753, in Building E, Conference Room 201S.

Visit the TCEQ website for more information about the proposed rule.  If you have questions about the proposed rule, contact Andy Tait at atait@tait.com.

EPA UST Office Address Change

Effective January 19, 2016, EPA’s Office of Underground Storage Tanks will be located in the Ronald Reagan Building, which is part of the Federal Triangle Complex in Washington, D.C.

EPA’s Office of Underground Storage Tanks (OUST) has moved from its Arlington, Virginia location to the Ronald Reagan Building in Washington, D.C. The new address: Office of Underground Storage Tanks, US EPA, 1200 Pennsylvania Avenue, NW, Mail Code 5401R, Washington, D.C. 20460.  The email addresses of the OUST staff and UST website www.epa.gov/ust, remain the same. You can access OUST employee’s phone numbers through the headquarters contact section on the OUST website http://www.epa.gov/ust/underground-storage-tank-ust-contacts .

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.

 

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

UST Corrective Action Training

Did you know the EPA offers UST Corrective Action Training?

Multiple webinars are available for immediate free online learning

What are you interested in learning more about?

Innovate treatment and site characterization technologies for waste remediation

EPA has a website dedicated to Contaminated Site Clean-Up Information called CLU-IN. It’s full of information about Technologies, Contaminants, Issues, Strategies & Initiatives, Vendors & Developers, and it even lists Training & Events and Additional Resources.

  • Their next webinar is July 28th – SRI Webinar Series: Green Infrastructure: Reusing Contaminated Sites and Promoting Sustainable Communities. Click here to register.
  • You can start learning right now through their Archived Internet Seminars & Podcasts

Innovative analytical techniques, sampling strategies, and remediation technologies that are relevant to contaminated UST sites

The EPA developed a two-part, six hour site assessment and remediation training webinar you can access online called Best Management and Technical Practices for Site Assessment and Remediation

Petroleum Vapor Intrusion

You can access the archived Training Petroleum Vapor Intrusion: Fundamentals of Screening, Investigation, and Management online. The Interstate Technology and Regulatory Council sponsored this training based on empirical data and research to support PVI decision making under different regulatory frameworks. Here is the ITRC Technical and Regulatory Guidance Web-Based Document. It’s very extensive and a great resource.

  • There is no cost to participate in the ITRC on-line training whether it is a “live” training session or an archive of a previously offered training session, so I recommend if you’re interested that you register to receive more information. You can watch for Upcoming Live Web Events online.
  • Starting in late 2015, ITRC will offer a 2-day PVI focused classroom training at locations across the US. Email to indicate your interest in learning more in-depth information about the PVI pathway and practice applying the ITRC PVI guidance document

Remediation Strategy Decision-Making

The EPA developed this five-part webinar to provide experience using publicly-available simulation and data analysis tools that can be used to support remediation decisions and strategy development for sites contaminated by chlorinated solvents, petroleum hydrocarbons, or other constituents

Are you a remediation and/or site assessment professional? You can track new publications and events of interest by subscribing online to the EPA’s TechDirect and other newsletters.