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.
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.
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.
All new dispensers need to have under-dispenser containment.
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.
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 Pushes Back Final Regulation on USTs to Fall 2014
“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.
New Hawaii UST regulations
Program’s new UST rules went into effect on August 9, 2013
The State of Hawaii’s Underground Storage Tank (UST) Program’s new UST rules went into effect on August 9, 2013. Some of the changes are specified below, and many more are listed on the Summary of Changes. If you have any questions about the regulations, Contact Us now to ensure you are and will be staying in compliance.
Class A, B, and C operators need to be trained, certified, and designated by December 9, 2013. Hawaii UST Regulation HAR 11-281-46 requires owners and operators to submit the Initial UST Operator Designation Form which lists the Class A and B Operators designated for each UST site within 120 days of December 9, 2013.
The New regulations include:
Annual sump testing must be conducted during your next scheduled annual maintenance.
All USTs or UST systems installed on or after the effective date of the rules must be provided with secondary containment (be double walled) AND use interstitial monitoring for release detection on the tank(s) and piping. If a portion of single walled piping is replaced, the replaced portion must be provided with secondary containment and interstitial monitoring. If you have any questions regarding these requirements, contact us – TAIT provides tank services and consulting and we are happy to help explain this in more detail.
Permits for UST Systems will be required within three years for those facilities that still do not have one yet. Permits for operating shall be submitted on the Application for an Underground Storage Tank Permit form with a $150 fee and will be effective for five (5) years, then will require renewal.
Retraining for Class C Operators will be required annually. Retraining for Class A and B operators will be required every 5 years. TAIT and UST Training offer these training courses online and can offer classroom courses as required for large groups. Contact us for more information.
Additional resources: Summary of Changes, Hawaii Administrative Rules Title 11 Chapter 281, the letter from Steven Y.K. Chang, Hawaii’s Chief of Solid and Hazardous Waste Branch regarding the Energy Policy Act of 2005, upcoming requirements and Summary of USTs in HI. More information about the training, the regulations and UST forms can all be found on the UST page of Hawaii’s DOH website. The Solid & Hazardous Waste Branch website contains additional information such as their Mission Statement, as well.
In preparing for the test, it will be very helpful to review the Technical Guidance Manual for UST Closure & Release Response which can be viewed and some sections can be downloaded. Be aware that revisions are expected to be made.
TAIT has been installing, working on, testing, repairing, removing and closing tank sites since the 60’s and we do projects in Hawaii on a regular basis. If you have any consulting or contracting needs, Contact Us today. We’d love to help answer questions and/or direct you to any other resources you may need.
2013 PEI/NACS show
Dennis Tweedy, Billy Watroba and Melanie Nelson attended the NACS show this year, and were joined by a close subcontractor of ours, Katie Seaborn from American Containment Services, Inc.
The 2013 PEI/NACS show, the biggest exposition of fuel handling equipment in the world, lasted from October 12-15 in Atlanta, Georgia. This was the largest NACS show in their history, with 1,050 companies in a attendance making it the 48th largest trade show this year. Over 20,000 people gathered to view and buy the latest advances not only in the convenience store industry, but also in the petroleum business. Every year PEI members convene to discuss, display, and market innovative technologies and services, keeping the industry on the cutting edge. As a bonus, the connections made throughout the convention help to expand and improve businesses, which leads to a greater, more efficient petroleum industry, and where better to have it than in the middle of the #1 buying show in the country. The educational sessions at the NACS show provided extensive information about the highly competitive and illustrious convenience industry. Topics covered in these sessions included:
- traditional vs. digital marketing
- good financing
- data-driven product positioning
- the impacts of health care reform
- customer engagement
- social media, and much more!
To read more about the topics covered in these sessions visit NACS Educational Sessions, and to learn more about the PEI/NACS Show visit their website. Click here to learn more about the Petroleum Equipment Institute (PEI). For those who are interested, the following is a video preview of what the PEI/NACS show is all about:
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 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
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.
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
54th Annual Pacific Oil Conference Heading for L.A. Live
Tim featured in the article
Tim’s Title Slide
Contracted Designated Operator – Managing a Successful Program
Example Slide from the Presentation
Common Errors and Omissions
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 is in the News, again! Here are some pictures and articles where TAIT projects and associates are being featured.
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.
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.
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.
Educational topics covered legal issues, environmental compliance, marketing, regulations and best practices for
- Retail, and
specific tracks over a three day period. Networking events were a large focus, to expand businesses professional circles at and away from the tradeshow floor.
Having performed over 50,000 DO inspections in California since 2005, “Designated Operators – What You Need to Know” was a comfortable topic for TES. Our team currently provides third-party DO services for over 650 UST locations throughout the state and thoroughly understands the challenges faced by UST owners. The session focused on how to effectively manage a third-party provider, while getting the most “bang for your buck.” Specific topics included:
- Understanding the role of the Designated Operator
- Common Errors and Omissions
- Value-Added Services
TAIT also provides certification prep courses for the ICC California Designated Operator exam. To date, TAIT has prepared over 4,000 students for their certification exam. Classroom-based courses are offered throughout the year in both southern and northern California. Learn more about TAIT’s training offerings in California and across the nation at www.PSTinstruction.com.
Whether you hire a third-party our handle the Designated Operator role in-house, TAIT has a solution for you! Contact us for more information and to schedule inspections.