Colorado UST regulations were officially adopted on January 1, 2017. For a summary of what has changed, check out the the Colorado Petroleum Bulletin. Here is a link to the entire regulations. Also, here is a link to a guidance document on secondary containment testing.
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 firstname.lastname@example.org 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.