Tag Archives: Underground Storage Tank

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.

California UST Operator Training Course is now available

After training Designated UST Operators (also known as DOs or DUSTOs) for over 9 years in a classroom setting, TAIT is now finished in the process of converting our classroom course to an online, self-paced course.  This course is now available on our website. http://tait.ustcourse.com/store

Here is a preview:

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 is available 24/7, and will be self-paced, meaning a student’s work is 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 visit http://tait.ustcourse.com/store for more information on this new course, as well as the other UST Operator Training Courses TAIT offers. You can take the course HERE.

Updated Illinois AB UST Operator Course – Shortened Exam

You requested we delivered! The Illinois AB UST operator course exam questions have been cut in half! Same great training, fewer questions, and a new look and feel! For simple and automatic enrollment visit tait.ustcourse.com. For quick purchase, click on the button below to get started on your training today!

 

New 2-hour TFFA Texas AB UST Course

The TFFA Texas course has been remodeled! Shortest TCEQ approved Texas course offered for AB Operator training! Eye appealing, direct, and easy to follow information. Click on the button below OR visit texas.ustcourse.com to get started!

2015 Revised Underground Storage Tank Regulations

2015 Revised Underground Storage Tank Regulations

We’ve been waiting for years for the update to finally be announced, and here it is: The requirements implemented on the effective date of the final UST regulation are those that either do not require significant education and outreach or apply to new installations, repairs, or releases. EPA is allowing up to three years for owners and operators to implement the requirements that require significant outreach, equipment to be upgraded or installed (such as for previously deferred UST systems), or scheduling and testing. During those three years, the regulatory/implementing agencies shall educate owners and operators about today’s new requirements and allow owners and operators to schedule testing. The exception to implementing the requirements immediately or in three years is that EPA is implementing the secondary containment requirement 180 days after the effective date of the UST regulation.

Keep in mind, we do not have the effective date, yet. We do know it will be soon, maybe tomorrow!

Here are the Implementation Time Frames for the New Requirements in an easy to read chart – Immediately, 180 days or Three Years

Chart of Implementation Time Frames for New Requirements

9 Note that EPA is requiring owners and operators to also submit a one-time notification of existence for these UST systems within 3 years of the effective date of today’s final UST regulation.

States with Approved UST Programs are going to have to incorporate the changes to the UST technical regulations.  They will have three years to reapply in order to retain their SPA status. Owners and operators in these states must continue to follow their state requirements until the state changes its requirements or until the state’s SPA status changes.
Map showing states with EPA State Program Approval

That means there will be three years grace period before we start seeing enforcement/NOVs for some of the required changes.

The owners and operators in 16 non-SPA states and territories must meet the federal requirements according to the schedule in the 2015 UST regulation. In addition, owners and operators will need to follow their state requirements. Indian country UST owners and operators must meet the federal requirements according to the schedule in the 2015 UST regulation.

Here is a Comparison that shows the 2015 Revised UST Regulations versus the 1988 UST Regulations. It’s a 10 page PDF Spreadsheet showing the highlights of the full 468 page document, called the Prepublication version of the final UST regulations. Some forms you may want to review are the New Ownership Change Notification Form and the Updated Notification Form. TAIT recommends all Owners and Operators download and read the updated MUSTs for USTs which provides a nice straightforward explanation of requirements when owning and working with underground storage tanks.

TAIT is an expert in and has been working with fueling systems and Underground Storage Tanks for over 50 years. Our Regulatory Affairs Manager Brian Harmon focuses on the regulatory environment and upcoming changes and his comments are integral to regulation changes such as this. ASK US your questions. Allow us to bid on your tank projects. Before making any quick decisions, let’s discuss your situation and your tanks and we can provide guidance on the most cost effective way to move forward to get you in compliance with the current and new regulations.

Visit the EPA’s Underground Storage Tanks 2015 Revised Underground Storage Tank Regulations page for all the details

In June 2015, EPA issued the 2015 underground storage tank regulation and the 2015 state program approval regulation. The revisions strengthen the 1988 federal underground storage tank (UST) regulations by increasing emphasis on properly operating and maintaining UST equipment. The revisions will help prevent and detect UST releases, which are a leading source of groundwater contamination. The revisions will also help ensure all USTs in the United States, including those in Indian country, meet the same minimum standards. This is the first major revision to the federal UST regulations since 1988.

Operator Training TX Classroom Courses 2015

2015 Texas A/B UST Operator Training

Register Now for your Refresher TX AB UST Operator Training Course

Next Upcoming Class: Abilene on June 16th Register Online or call 972-680-5120

Here is the current schedule of the date/s that are available for Texas AB Operator Classroom Training Sessions.

This Calendar was updated 6/24/2015, and lists the Dates and Locations of our planned UST Operator Training courses* – and shows Availability 

* If a class has been scheduled, but less than 10 attendees have registered within 72 hours of the class date, that class will be cancelled, and registrants will be moved to the next available date for UST Operator Training in their area.

Don’t see your city on the schedule? It probably will be or is a private class. Austin? Houston? Crockett? Others?

We also provide private classes and will come to your location for groups of 20 or more, or possibly with a minimum of 15 students if you are providing the location/facility and drinks/snacks/lunch for the class. Please call me to reserve a date or if you have any questions about the Texas A/B UST Operator Training: Melanie Nelson 214-531-9377 or you can email me at mnelson@tait.com.

The Deadline is Approaching

Most UST Operators were trained by the Wednesday, August 8, 2012 – DEADLINE. The course must be re-taken every three years. To secure their re-training session, many companies are beginning to schedule their Classroom Training dates even though they have months left before their deadline. We are happy to add additional classes, and are currently collecting contact information from individuals so that when we have enough for a class, we will schedule one. Please email mnelson@tait.com with your Name, Email Address, and Phone Number, along with the number of people that will be attending with you (and their contact info if you have it).  Contact us for details and to schedule a Texas A/B UST Operator classroom training session. Don’t wait for your UST Operator Training Certificate to Expire, REGISTER NOW
TX UST Operator Classroom Training Testimonials

UST regulation history

Do you remember where you were 30 years ago this month when you received word that President Reagan signed amendments to the Resource Conservation and Recovery Act (RCRA)? Robert from PEI recaps UST regulation history:

Subtitle I of those amendments specifically provided for regulation of underground storage tank (UST) systems. The Environmental Protection Agency’s Office of Underground Storage Tanks (OUST) was created the following year (1985) to carry out the Congressional mandate to develop and implement a new regulatory program for USTs. It resulted in the most comprehensive regulatory program PEI members have ever participated in.

Leaking tanks became a problem before 1984. PEI predicted in 1975 that state and federal controls related to tank and piping leaks would proliferate. At about the same time, the American Petroleum Institute’s (API’s) Operations and Engineering Committee recognized that UST leaks presented a growing industry problem and formed a task force to recommend procedures for detecting and dealing with them. By 1981, less than 10 percent of all USTs in the ground were protected from corrosion.

Emphasis shifted in the early 1980s from tank regulations for safety reasons (i.e., fire codes) to regulations for protecting the environment and public health. Pressure to deal with the impact of leaking USTs on groundwater mounted when 60 Minutes aired a disturbing segment on leaking underground service station tanks. Shortly after that, Congress stepped in with the 1984 Subtitle I RCRA amendments.

There were over two million USTs in 1984. Many of them were bare steel that were corroding and leaking fuel into the ground. When President Reagan signed the law, more than 85 percent of the USTs were still made of unprotected steel. By 1988, somewhere from 10 to 48 percent of existing tanks failed a tank tightness test, depending on which study you believed. And when you consider that from 8 to 20 percent of all USTs had releases, UST regulators back then had their hands full.

The U.S. EPA’s UST program has made significant contributions to the environment during the last 30 years. The program’s accomplishments are real, and there is much that regulators and the regulated community can point to with pride.

Part of the reason this governmental program works so well after three decades is because Ron Brand and other founders of the UST program involved everyone in the process of protecting our environment from UST releases. States, territories, tribes, industry, owners/operators, service providers, equipment manufacturers and trade associations were called partners. PEI and its members were treated that way back then and continue to feel that way today. This is a unique program with unique relationships that has produced quantifiable results.

I think successful managers and leaders should continuously focus on what can be, rather than what is. And I also believe that the best leaders are always focused on improving. From the equipment and contractor side of this unique partnership—and in that spirit—this is what I see still needs to be addressed to make a great UST program even greater:

  • Let’s figure out what is causing the metal components of our UST systems to corrode in the presence of ultra low sulfur diesel fuel.
  • Let’s get that last 25 percent of underground tank systems in the U.S. into compliance with release prevention and leak detection requirements. That will reduce the number of newly confirmed releases.
  • Let’s work together to determine why equipment is deteriorating in sumps containing ethanol and/or ethanol vapors.
  • Let’s find ways to clean up the releases in the backlog before state cleanup funds sunset or are diverted.
  • And let’s kick off an inspection and testing program that will identify equipment that no longer works as it was supposed to work.

Here’s to another 30 years. Let’s continue the good work.

TAIT is a longstanding member of PEI. Learn more about the Petroleum Equipment Institute and all they do by visiting their website http://www.pei.org/.

CA Single Wall Tanks to be Removed by 2025

swrb-logoAll single wall tanks in California that were designed and constructed prior to 1997 will have to be removed by 12/31/2025

On September 25, 2014, the Governor signed Senate Bill No. 445 (SB445).  SB445 requires that single-walled USTs be permanently closed no later than December 31, 2025. 

SENATE BILL NO. 445 (STATS. 2014, CH 547) SUMMARY OF SINGLE-WALLED UNDERGROUND STORAGE TANK (UST) PERMANENT CLOSURE PROVISIONS

On September 25, 2014, the Governor signed Senate Bill No. 445 (SB445) authored by Senate Member Hill. SB445 is an urgency statute that takes effect immediately. The complete text of SB445 can be found at: http://leginfo.ca.gov/pub/13-14/bill/sen/sb_0401-0450/sb_445_bill_20140925_chaptered.pdf. For your convenience the bullets below summarize the single-walled UST permanent closure provisions of SB445.

On or before December 31, 2025, the owner or operator of an UST shall permanently close the UST if it was designed and constructed before 1997 in accordance with paragraph (7) of section 25291(a) or if it was designed and constructed before 1984 and does not meet the requirements of section 25291(a)(1)-(6). Authority: California Health and Safety Code, section 25292.05(a).

The State Water Board may adopt regulations to implement section 25292.05(a) at an earlier date if the UST poses a high threat to water quality or public health. Authority: California Health and Safety Code, section 25292.05(b).

Grant and loan money will be available

Grant and loan money will be available through the Replacing, Removing, or Upgrading Underground Storage Tank (RUST) Program to assist eligible small businesses to permanently close single-walled USTs. More detailed information will be forthcoming regarding the single-walled UST permanent closure and RUST Program via each program’s Lyris Email Distribution System and through each program’s website. To sign up for the Lyris Email Distribution System please visit the following website: http://www.waterboards.ca.gov/resources/email_subscriptions/ust_subscribe.shtml.

Have Questions?

The State Water Resources Control Board (State Water Board) including the UST Leak Prevention Unit, UST Cleanup Fund Program, Orphan Site Cleanup Fund, Office of Enforcement, and the RUST Program are all working diligently to get information about SB445 disseminated to the public. After this detailed information is disseminated and you still have questions regarding the UST permanent closure provisions of SB 445 please contact Laura Fisher, Chief UST Leak Prevention Unit & Office of Tank Tester Licensing at (916) 341-5870 or lfisher@waterboards.ca.gov, or for RUST information contact Janice Clemons at (916) 341-5657 or jclemons@waterboards.ca.gov. For all other questions, please send an email to ustcleanupfund@waterboards.ca.gov using the subject line “SB445”.

This is a message from the State Water Resources Control Board.

 

EPA Logo Seal

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.

New Hawaii UST regulations

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.

Hawaii Department of Health and State Seal logos

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.