Tag Archives: Regulations

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EPA Pushes Back Final Regulation on USTs to Fall 2014

Looking for updates on the EPA UST Regulations?

We expect to hear more later this year. Here is an article that explains more. Copied from: http://pcmala.org/2014/04/epa-pushes-back-final-regulation-on-usts-to-fall-2014/ TAIT’s 50 year experience with USTs and all fuel system related regulations and work can help answer many questions for you. Reach out to us for additional information.

EPA Logo Seal

EPA Pushes Back Final Regulation on USTs to Fall 2014

By Anthony AdragnaBloomberg ReportApril 17 (BNA) — The Environmental Protection Agency now expects to finalize regulations in fall 2014 expanding monitoring and inspection requirements for certain underground storage tanks, and will take into account comments on the potential impacts on small businesses as it finalizes the rule, the agency has told Bloomberg BNA.

“We consciously developed our 2011 proposed underground storage tank (UST) regulation to avoid provisions that would require costly retrofits to UST systems,” the agency said April 16. “We are carefully considering all of the comments as we develop the final UST regulation.”

Industry groups and members of Congress have consistently and repeatedly criticized the proposed regulation as underestimating the compliance costs and impacts it would have on small businesses (74 DER A-21, 4/18/12).

EPA proposed revisions to underground storage tank requirements in November 2011 and previously said it expected to finalize the regulations in summer 2014. The proposed rule would apply to tanks holding petroleum or hazardous chemicals that are regulated under Subtitle I of the Resource Conservation and Recovery Act. Tanks regulated under Subtitle C of RCRA would not be affected.

According to the agency, there are more than 590,000 underground storage tanks around the country at 210,000 sites. Compliance costs for the proposed rule were $210 million, according to the regulatory impact analysis, but it said the regulation would lead to $300 million to $740 million in annual avoided remediation costs.

The 2011 proposed rule (76 Fed. Reg. 71,708) would create rules for backup containment of the substances in tanks and extend training requirements to more tank operators and owners. EPA says the proposed rule would enable better prevention and detection of leaks in storage tanks, which can cause groundwater contamination.

If finalized, the rule would be the first major revision to federal underground storage tank regulations since 1988.

Longstanding Concerns About Cost

Despite EPA assurances that it had taken into account the impact the proposed rule would have on small businesses, both industry groups and Congress have adamantly disagreed.

The Petroleum Marketers Association of America says EPA’s estimate of $900 in average annual compliance costs per facility is drastically wrong. The group estimates annual compliance costs would actually be $6,100.

Bipartisan groups of 11 senators and 58 House members sent separate letters in July 2013 raising concerns about the cost of the proposed regulation (144 DER A-31, 7/26/13).

“We are concerned that the Agency’s estimated annualized compliance costs of $900 may be significantly underestimated,” the Senate letter said.

TCEQ _ Texas Commission on Environmental Quality

TCEQ Issues a New Phase II MS4

TCEQ Issues a New Phase II MS4

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:

TCEQ _ Texas Commission on Environmental Quality

The new TPDES general permit for Phase II (Small) Municipal Separate Storm Sewer Systems.  TXR040000 became effective December 13, 2013. Operators of small MS4s must apply for authorization under the new permit by June 11, 2014.

Municipalities and other entities such as counties, universities, and special districts may be regulated MS4 operators if their roads, streets, gutters, ditches, channels, drains, or other stormwater conveyances are located within an urbanized area (UA). Maps identifying the urbanized areas are listed by city and state at the United States Census Bureau website.

To obtain permit coverage, submit a new Notice of Intent, a $100 application fee, and a Stormwater Management Program before June 11, 2014. Existing authorizations will remain active until the new applications are approved.

MS4s serving a population of fewer than 1,000 within a UA may qualify for a waiver. Those applications must also be submitted before June 11, 2014. Provisional coverage begins 30 days after the TCEQ receives the application.

The reissued general permit, factsheet, Response to Comments, and a Frequently Asked Questions document are now available on the TCEQ website.

The revised NOI Form No. 20368 and Waiver Form No. 20369 can be found on the TCEQ website. Forms from the previous permit period are no longer valid and will not be processed.

Additional compliance resources are available at Assistance Tools for Stormwater Permitting

For help understanding the requirements or the permitting process, contact the Small Business & Local Government Assistance Section’s compliance hotline at 1-800-447-2827 or the Stormwater & Pretreatment Team at 512-239-4671 or by email.

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?

EPA Proposes Public Comment Period for RFS – Renewable Fuel Standards

FOR IMMEDIATE RELEASE
November 15, 2013

EPA Proposes 2014 Renewable Fuel Standards

Proposal Seeks Input to Address “E10 Blend Wall,” Reaffirms Commitment to Biofuels

WASHINGTON – The U.S. Environmental Protection Agency (EPA) today proposed for public comment the levels of renewable fuels to be blended into gasoline and diesel as required by Congress under the Energy Independence and Security Act of 2007. Developed with input from the U.S. Department of Energy and U.S. Department of Agriculture, the proposal seeks public input on annual volume requirements for renewable fuels in all motor vehicle gasoline and diesel produced or imported by the United States in 2014. The proposal seeks to put the Renewable Fuel Standard (RFS) program on a steady path forward – ensuring the continued long-term growth of the renewable fuel industry – while seeking input on different approaches to address the “E10 blend wall.”

“Biofuels are a key part of the Obama Administration’s “all of the above” energy strategy, helping to reduce our dependence on foreign oil, cut carbon pollution and create jobs,” said EPA Administrator Gina McCarthy. “We have made great progress in recent years, and EPA continues to support the RFS goal of increasing biofuel production and use. We look forward to working with all stakeholders to develop a final rule that maintains the strength and promise of the RFS program.”

The proposal discusses a variety of approaches for setting the 2014 standards, and includes a number of production and consumption ranges for key categories of biofuel covered by the RFS program. The proposal seeks comment on a range of total renewable fuel volumes for 2014 and proposes a level within that range of 15.21 billion gallons. Specifically, EPA is seeking comment on the following proposed volumes:

Category

Proposed   Volume a

Range

Cellulosic   biofuel

17 mill   gal

8-30   million gallons

Biomass-based   diesel

1.28   bill gal

1.28   billion gallons

Advanced   biofuel

2.20   bill gal

2.0-2.51   billion gallons

Renewable   fuel

15.21   bill gal

15.00-15.52   billion gallons

aAll volumes are   ethanol-equivalent, except for biomass-based diesel which is actual

 

Nearly all gasoline sold in the U.S. is now “E10,” which is fuel with up to 10 percent ethanol. Production of renewable fuels has been growing rapidly in recent years. At the same time, advances in vehicle fuel economy and other economic factors have pushed gasoline consumption far lower than what was expected when Congress passed the Renewable Fuel Standard in 2007. As a result, we are now at the “E10 blend wall,” the point at which the E10 fuel pool is saturated with ethanol. If gasoline demand continues to decline, as currently forecast, continuing growth in the use of ethanol will require greater use of higher ethanol blends such as E15 and E85.

The Obama Administration has taken a number of steps to allow or encourage the use of these higher ethanol blends. In 2010, EPA approved E15 for use in vehicles newer than model year 2001 and developed labeling rules to enable retailers to market E15. In addition, since 2011, USDA has made funding available through the Rural Energy for America Program to support deployment of “flex-fuel” pumps that can dispense a range of ethanol blends. The 2014 proposal seeks input on what additional actions could be taken by government and industry to help overcome current market challenges, and to minimize the need for adjustments in the statutory renewable fuel volume requirements in the future. Looking forward, the proposal clearly indicates that growth in capacity for ethanol consumption would continuously be reflected in the standards set beyond 2014. EPA looks forward to further engagement and additional information from stakeholders as the agency works in consultation with the Departments of Agriculture and Energy toward the development of a final rule.

The renewable fuels program was developed by Congress in an effort to reduce greenhouse gas emissions and expand the nation’s renewable fuels sector while reducing reliance on foreign oil. The standards determine how much renewable fuel a refiner or importer is responsible for, and are the standards designed to achieve the national volumes for each type of renewable fuel.

Today, in a separate action, EPA is also seeking comment on petitions for a waiver of the renewable fuel standards that would apply in 2014. EPA expects that a determination on the substance of the petitions will be issued at the same time that EPA issues a final rule establishing the 2014 RFS.

Once the proposal is published in the Federal Register, it will be open to a 60-day public comment period.

More information on the standards and regulations: http://www.epa.gov/otaq/fuels/renewablefuels/regulations.htm

More information on renewable fuels: http://www.epa.gov/otaq/fuels/renewablefuels/index.htm

 

From the Petroleum Equipment Institute:

The U.S. Environmental Protection Agency (EPA) on November 15 proposed for public comment the 2014 levels of renewable fuels to be blended into gasoline and diesel as required by Congress under the Energy Independence and Security Act of 2007.

The proposal would lower the 2014 renewable biofuel mandate from 18.15 billion gallons to a range of 15 billion to 15.52 billion gallons. EPA’s recommended target of 15.21 billion gallons is within the proposed range. That includes 13.01 billion gallons of corn ethanol and 2.20 billion gallons of biodiesel and advanced biofuels.  The corn ethanol target of 13 billion gallons represents almost exactly 10 percent of the gasoline consumption forecast by the U.S. Energy Information Administration for next year. EPA also proposed changes for cellulosic biofuels, with a range between 8 million and 30 million gallons and a recommended target of 17 million gallons.

The proposed 2014 biofuels blending mandate of 15.21 billion gallons is down from the 16.55 billion gallon target finalized for 2013, and 14 percent lower than the original 2014 goal envisioned by Congress. The Renewable Fuel Standard (RFS) requires annually increasing amounts of biofuels to be added into U.S. transportation fuel supplies, to a total of 36 billion gallons in 2022.

This marks the first time in the history of the RFS that EPA has proposed to scale back the government’s overall biofuel blending target for the forthcoming year. If the proposed targets become law, the biofuels markets will stagnate with no growth expected in the foreseeable future. The bottom line for petroleum marketers is that E10—the blend sold in almost all gasoline stations in the U.S. today—will not be tampered with, but that 15-percent (E15) and 85-percent (E85) ethanol blends primarily will be sold as niche or regional products.

The proposal is subject to a 60-day comment period, and could later be changed.

Updated OSHA Hazard Communication Standard (HAZCOM)

Updated OSHA Hazard Communication Standard (HAZCOM)

 

The Occupational Safety and Health Administration (OSHA) is adapting their Hazard Communication Standard in order to comply with international criteria for chemical container labeling and material safety data sheets (MSDS). HAZCOM already requires that employers inform their employees of hazardous chemicals in the work place, so these changes only affect how to go about informing employees about these hazardous chemicals.

The updates are as follows:

  • The “Material Safety Data Sheet” designation will be changed to “Safety Data Sheet” (SDS);
  • The format will contain 16 numbered sections containing chemical information including first aid measures;
  • Chemical container labels will include international pictograms and a new format.

Labels must be formatted in accordance to new guidelines by December, 1, 2015. However, employees must be trained about these new labels and their formats by December 1, 2013.

  • Employees at c-stores, lube oil warehouses, bottled propane facilities, automobile quick lubes, car wash operations, and vehicle repair and maintenance shops will likely require training, while administrative employees that work in an office setting will not be required to be trained.
  • CDL drivers are only subject to HAZCOM compliance during loading and unloading operations at the work site. Once drivers leave the site, US DOT regulations apply only. Drivers should check with their HAZMAT training provider to see if their training required by US DOT regulations satisfies OSHA requirements, in which case the driver does not need to be trained.
  • Lack of training may lead to OSHA penalties.

Contact our Safety Manager Tim Kostel  or our Training Director Andy Tait with any questions you may have. Employers should check with their state OSHA programs for additional requirements as some states have more stringent criteria. State OSHA offices can be contacted here. For more information, visit the federal OSHA site. Also, feel free to take the time to look into TAIT’s safety training programs as well. We look forward to working with you.

 

TAIT Preps for NACS/PEI Show – Starting This Weekend!

Are you attending the PEI Convention OCTOBER 12th – 15th, 2013 at the NACS Show? Come see TAIT  in booth #4552!

This weekend, TAIT associates Melanie Nelson, Al Throckmorton and Dennis Tweedy head to Atlanta, Georgia from around the country to meet with 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.

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. Last year’s event the NACS Show 2012, was great and we expect this year’s turnout and events to be even better!

A few events we are looking forward to and hope to see you at are:

PEI Events

PEI After-Hours Lounge – Saturday, October 12, 5:30 p.m.-7:30 p.m. – Sunday, October 13, 5:30 p.m.-7:30 p.m. – Westin Peachtree Plaza, Lobby Bar PEI’s After-Hours Lounge is the perfect place to come and unwind after a day at the show. Catch up with old acquaintances or make new ones before venturing off to dinner or nightlife in Atlanta.

PEI’s Membership Breakfast

PEI Industry Reception – Monday, October 14, 5:30 p.m.-7:00 p.m. – GWCC, Building B, Level 2 Concourse, top of escalators outside of Fuel Equipment & Services area The PEI Industry Reception is the number one networking event of the week! This event provides the best opportunity to socialize with PEI friends while enjoying complimentary food, live music and beverages. Your PEI badge is your ticket. No extra charge to attend.  

Here is PEI’s full Schedule of Events

Here is NACS full Schedule of Events

NACS Show Kickoff Party

Sunday Funday

NACS Closing General Session featuring Hillary Rodham Clinton

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.

Contact us to learn more about what TAIT has to offer, or meet us at NACS! Reach out for a tour, we’ll be happy to show you around.

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.

TAIT in the News

TAIT is in the News, again! Here are some pictures and articles where TAIT projects and associates are being featured.

Spetember 2013

COO Tim Ericsen speaks regarding DUSTO program – featured in the O&A Marketing News article about the Pacific Oil Conference.

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

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.

Coming Soon! Online California Designated UST Operator Training Course!

After training Designated UST Operators (also known as DOs or DUSTOs) for over 9 years in a classroom setting, TAIT is now in the process of converting our classroom course to an online, self-paced course, which will be available in the Fall of 2013!

As required by the California State Water Resources Control Board (SWRCB), Designated Operators must have their license renewed every two years.  After taking our training, every student must pass an exam administered by the International Code Council (ICC). Our training covers:

  • UST Systems
  • Release Detection
  • Release Reporting
  • Operating Requirement
  • Record Keeping

This new online course will be available 24/7, and will be self-paced, meaning a student’s work will be saved, and they can pick up where they finished. If a student does not pass the first time, that student can take the course again with no additional cost. If a student fails a second time, TAIT will provide a full refund as long as that student completes the course a second time. TAIT has 40 years of UST training experience, so any student will be in good hands.

Please check out the preview below:

Please visit www.pstinstruction.com for more information on this new course, as well as the other UST Operator Training Courses TAIT offers.

CERS - Electronic Reporting to CalEPA

Need Help with CERS Submissions?

Need Help with CERS Submissions?

You aren’t alone.

The California Environmental Protection Agency (CalEPA) has indicated that the mandatory electronic submittals of Hazardous Materials Business Plans (HMBP)s and Underground Storage Tanks (UST)s information is significantly behind it’s scheduled implementation this year.

CERS - Electronic Reporting to CalEPA

CERS – Electronic Reporting to CalEPA

Excerpts from the September 2013 Cal/EPA Unified Program Newsletter include:

  • According to the California Environmental Protection Agency (Cal/EPA), if you haven’t already done so, now is the time to complete your facility’s electronic reporting for Hazardous Materials Business Plans and underground storage tank (UST) information.  The California Environmental Reporting System (CERS), a statewide web-based system to support California Unified Program Agencies (CUPAs) and Participating Agencies (PAs) in electronically collecting and reporting various hazardous materials-related data, was mandated by the California Health and Safety Code and legislation (AB 2286).  Starting in 2013, all businesses that have facilities regulated by a CUPA under the Unified Program must now submit Unified Program-related information such as hazardous materials business plans, chemical inventories, site maps, underground and aboveground tank data, and hazardous waste related data electronically to CERS instead of on paper forms.
  • The first year of electronic reporting is rapidly drawing to a close.  Cal/EPA reports that as of September 1, 2013, only one-third of the state’s regulated facilities have used CERS, the state’s on-line electronic reporting portal, to report or verify at least some Business Plan information.  Statutory mandates and state policy require ALL regulated facilities statewide to report business plan information or underground storage tank information electronically during 2013.
  • Only 4 months remain in 2013 and nearly two-thirds of the state’s regulated facilities are not current in CERS.  Businesses that have regulated facilities will need to take action during the next four months to complete their 2013 electronic reporting, as Cal/EPA indicates that the Unified Program Agencies (UPAs) will be stepping up their enforcement efforts to ensure that facilities are in compliance.

IF YOU NEED ASSISTANCE REPORTING TO CERS, WE CAN HELP.

To contact CalEPA directly, you can email them your questions, comments, and concerns.

TAIT is experienced in assisting businesses with their electronic reporting through CERS. Please contact TAIT if you need assistance with electronic reporting in CERS.  TAIT has uploaded data and plans for more than 100 facilities for our existing clients.