The Kansas Department of Health and Environment (KDHE) acknowledges that travel plans may be altered due to the precautions to prevent the spread of the coronavirus (COVID-19). In the event a trainee or Operator is hesitant about traveling to an Operator Training venue or the classroom training event is canceled, the trainee or Operator may request an extension of the Class A/B Operator Training for up to 6 months past their initial due date, certificate expiration date, or re-training date. An Operator Training Request for Extension Form must be completed, signed and submitted to KDHE for review and approval prior to the trainee’s or Operator’s required certification due date or expiration date. Click the link for more information.
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.
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:
- 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
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.
EPA’s updated underground storage tanks (UST) regulations are final and will be published soon in the Federal Register
The U.S. EPA has strengthened the Underground Storage Tank (UST) requirements to protect us from groundwater contamination with better prevention and detection of leaks from UST systems. The UST program changes, revisions to the 1988 federal underground storage tank (UST) regulations, strengthen UST prevention and detection practices, increase emphasis on properly operating and maintaining UST equipment, and ensure parity in implementing the national UST program. This is the first major revision to the federal UST regulations since 1988.
Check out the Comparison Chart overview of the 468 page document– it points out major changes to the 1988 UST regulations with the new 2015 UST regulations. You can see the actual differences in a redline strikeout version showing the final 2015 regulations imbedded into the existing regulations. I’ve found both of these documents very helpful. The 10-page chart is a great quick review and the strikeout is a good resource.
EPA created a specific website for the Revised UST Regulations so you can access links to a pre-publication version of the signed regulations, regulatory impact analysis, and response to comments document as well as the comparison and additional resources. Once published, a link to the Federal Register version of the regulations will also be listed there.
I really liked that Carolyn Hoskinson, the head of EPA’s UST program shared
At all times we based our decisions on these strong values:
- balance important environmental protection with the reasonableness of the cost and complexity to our regulated community
- focus on the highest priority areas that appear to continue to lead to ongoing releases from UST systems
- allow flexibility whenever possible
- rely on industry standards whenever possible
- consider the implementation of these requirements and strive to make the requirements as straightforward as possible by things like aligning due dates and writing in plain, easy-to-understand language
While these changes may be difficult and expensive for people/companies, I understand that the underlying purpose is to protect us from groundwater contamination and appreciate the values Carolyn pointed out they operated under as they considered their revisions. The EPA granted a 3 year grace period for many of the significant changes. If you have any questions about your UST compliance, please ask. We’re here to help.
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
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.
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.
It is so great when an announcement or article I come across while researching is a positive one about moving forward with improving our environment. The constant struggle between the money it costs to do so, and the harm if we don’t, weighs on most businesses and municipalities. Here is what I just read:
FOR IMMEDIATE RELEASE
March 22, 2013
Agreement Reached with the Unified Government of Wyandotte County and Kansas City, Kansas to Improve Sewer and Stormwater Systems
Settlement will ensure reductions in raw sewage overflows and stormwater flooding in the most impacted neighborhoods
WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced that the Unified Government of Wyandotte Co. and Kansas City, Kan., has agreed to a settlement to address unauthorized overflows of untreated raw sewage and to reduce pollution levels in urban stormwater.
The settlement, lodged in federal court in Kansas City, Kan. requires the Unified Government to implement improved operation and maintenance programs for its sewer system, perform initial work to address sewer overflows, and implement an improved Storm Water Management Plan. The Unified Government will also develop a proposed overflow control plan for the sewer system by September 2016 for approval by EPA. Unified Government’s implementation of that plan, once approved, will be embodied in a subsequent judicial settlement.
“EPA is working with cities to find effective, affordable solutions to control raw sewage and stormwater overflows,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “The settlement allows the Unified Government to tackle their most important water quality problems first, while preparing a long-term approach to keep local waterways protected in the future.”
“This agreement will put the Unified Government of Wyandotte County on a clear path toward compliance with the Clean Water Act,” said Ignacia S. Moreno, assistant attorney general for the Justice Department’s Environment and Natural Resources Division. “The settlement will address deficiencies and require improvements to Wyandotte County’s sewer and stormwater systems that will reduce risks and bring cleaner water for the benefit of the county resident’s health and the environment.”
The Unified Government’s sewer system collects and receives domestic, commercial and industrial wastewater from approximately 110,000 area residents. The system includes five wastewater treatment plants and more than 800 miles of sewer lines. The system is served by about one-third combined sewers, which carry both stormwater and wastewater, and the remainder by separated sewers.
Since 2004, the Unified Government has reported more than 450 illegal sewer overflows from its sewer system. These overflows resulted in the discharge of raw sewage into the Missouri River, the Kansas River and their tributaries. Untreated sewage from overflows can cause serious water quality problems and health issues from pollutants including harmful bacteria, oxygen-depleting substances, suspended solids, toxic metals and chemicals, and nutrients. The overflows are in violation of the federal Clean Water Act and the terms of the city’s National Pollution Discharge Elimination System permits for operation of its sewer system.
Under the agreement, the Unified Government is required to perform initial work primarily in the combined sewer portion of the system, located in the oldest developed area of the city, which is expected to provide relief to residences and other properties in the urban core that are often affected by illegal sewer overflows.
The settlement also requires the Unified Government to implement an improved Storm Water Management Plan, designed to reduce pollutants in stormwater. Municipal stormwater sewers carry significant amounts of pollution into urban rivers, lakes, and streams. Pollutants such as lead, copper, oxygen-depleting materials and sediment in municipal stormwater can clog streams, harm or kill aquatic life, and result in human exposure to harmful substances. The existing stormwater management program at issue in this settlement was drafted by the Unified Government and made part of the stormwater discharge permit issued by the State of Kansas in 2001 and reissued in 2007.
Keeping raw sewage and contaminated stormwater out of the waters of the United States is one of the EPA’s highest priorities. Reductions in sewer and stormwater overflows are accomplished by obtaining cities’ commitments to implement timely, affordable solutions to these problems, which may also include the use of Integrated Municipal Stormwater and Wastewater Plans. Integrated plans are intended to be an option to help municipalities meet their CWA obligations by optimizing the benefits of their infrastructure improvement investments through the appropriate sequencing of work. This approach can also lead to more sustainable and comprehensive solutions, such as green infrastructure, that improve water quality and enhance community vitality.
The settlement, lodged in the U.S. District Court for the District of Kansas, is subject to a 30-day public comment period and approval by the federal court.
More information about the settlement: http://www.epa.gov/enforcement/water/cases/ugofkansascity.html
More information about EPA’s national enforcement initiative: http://www.epa.gov/compliance/data/planning/initiatives/2011sewagestormwater.html
More information about Integrated Municipal Stormwater and Wastewater Plans: http://cfpub.epa.gov/npdes/integratedplans.cfm