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.

TAIT’s Dallas Office Keeps Growing

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!

Dallas Employee Bios

Management

 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.

Key Personnel

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

Robert Kimberlin

Tim Norman

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

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.

Renewal of Texas Industrial Stormwater Permit

TCEQ is in the process of renewing the TPDES Multi-Sector General Permit for industrial facilities, TXR050000[3], 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)
TCEQ
P.O. Box 13087
Austin, TX 78711-3087
Or electronically

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.

 

Fueling System Compliance Violations

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.
TheTulsaLetter is the official newsletter of PEI and focuses on industry and association news. Regularly published by PEI since 1951, the TulsaLetter is relied upon by industry insiders for the latest information and updates on state and federal regulations, equipment standards, industry trends and personnel changes.
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.

No Cost Online Fuel Spill Training Available to Marina Summer Hires

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.
Image depicting No Cost Online Fuel Spill Training

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.

The BoatUS Foundation for Boating Safety and Clean Water is a national leader promoting safe, clean and responsible boating. Funded primarily by the half-million members of BoatUS, it provides innovative educational outreach directly to boaters and anglers with the aim of reducing accidents and fatalities, increasing stewardship of America’s waterways and keeping boating safe for all.

Image promoting Everything to Start Your Own Local Life Jacket Loaner Site

BoatUS Foundation Has Everything to Start Your Own Local Life Jacket Loaner Site
Signage, Discounted Life Jackets, How-To Guide

Picture of the TAIT 50th Anniversary Logo

TAIT is a contractor that does design & construction & maintenance for fueling systems. If your marina needs updates to or a new fueling system, please contact us to learn more about our experience

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

Enrollment for the Statewide Industrial General Storm Water Permit Extended 8/14/15

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

Image of a Storm Drain
After close of business today, the State Water Resources Control Board announced the extension, saying

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.

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: