The Environmental Protection Agency (EPA) is proposing significant rule revisions to the 1988 federal underground storage tank (USTs) regulations by increasing emphasis on properly operating and maintaining UST equipment. These revisions include adding secondary containment for new and replaced tanks and piping, operating training, inspections and testing, release prevention and detection technologies, as well as updating codes of practice, and fuel storage compatibility. In addition, certain tank deferrals have been eliminated adding to the universe of regulated USTs. The proposed changes, expected to become final in December 2013, also require states to update their programs with the increased environmental protections.
The comment period has closed and EPA is in the process of meeting with stakeholders and reviewing comments in preparation of a final rule to be published in late 2013.
Proposed changes include:
• Adding secondary containment requirements for new and replaced tanks and piping
• Adding operating training requirements
• Adding periodic operation and maintenance requirements for UST systems
• Removing certain tank deferrals
• Adding new release prevention and detection technologies
• Updating codes of practice
• Updating state program approval requirements to incorporate these federal rule changes
• Making editorial and technical corrections
Secondary Containment
The Energy Policy Act of 2005 (EPAct) required states to implement additional measures to protect groundwater as a condition of receiving money from EPA. The EPA proposes to implement secondary containment and under-dispenser containment (UDC) to meet this provision. The proposed change will ensure secondary containment and UDC are required for all new and replaced UST systems across the country, including those in Indian country and in state without additional measures to protect groundwater requirements.
Federal regulations require secondary containment and interstitial monitoring for hazardous substance tanks only.
Operator Training
The EPAct required operator training in states that receive money from EPA. The proposed change will ensure that all operators across the country, including those in Indian country and in states without operator training requirements, are trained to prevent releases.
There are no current federal operator training requirements ~ only EPA guidelines in compliance with the EPAct. Designated operators must be trained on minimum defined areas and may need to be retrained if the UST system is not in compliance.
Owners and operators must retain a list of designated operators trained at each facility and proof of training or retraining.
EPA adds definitions for Class A operator, Class B operator, Class C operator, and training program.
Implementation of the federal operator training program would be phased in over three years based on tank installation date.
Operation and Maintenance
The 1988 UST regulations required equipment to be in place to reduce and prevent releases to the environment. Current rules require triennial cathodic protection testing, periodic internal lining inspections, annual line leak detector testing, and release detection equipment operation and maintenance according to manufacturer’s instructions.
The proposed regulations require UST owners and operators to conduct monthly walkthrough inspections that look at:
• Spill prevention equipment
• Sumps and dispenser cabinets
• Monitoring/observation wells
• Cathodic protection equipment
• Release detection equipment
The proposed rule changes will ensure owners and operators are looking regularly at their equipment to catch problems early and prevent releases.
Tank Deferrals
Emergency power generators. UST systems storing fuel for use by emergency power generators are deferred from release detection requirements. However, the proposed UST rules remove the deferral and require these UST owners and operators to perform release detection within one year of the effective date of the final rules.
The 1988 UST regulations deferred emergency generator tanks because technology was not available to monitor remote sites. The technology is now available to monitor and detect releases. These systems have releases similar to other regulated UST systems and need to have release detection monitoring.
Wastewater treatment tanks. In addition, the 1988 UST regulations deferred wastewater treatment tanks because of uncertainty of some release detection methods for these systems. EPA believes there are no active systems to which this regulatory requirement will apply. However, if any of these systems do exist, release detection and prevention technologies are available for these systems to prevent and quickly detect releases to the environment.
Field-constructed tanks (FCT) and airport hydrant systems (AHS). EPA’s proposed regulations also remove the deferral for FCT and AHS, but continue to defer aboveground tanks associated with FCT and AHS. The 1988 regulations deferred AHSs and FCTs because sufficient information and technology was not readily available for these unique systems. Technology is now available to monitor and detect releases at alternative leak rates and frequencies.
Release Prevention and Detection
Flow restrictors. USTs may use flow restrictors in vent lines (also called ball float valves) to meet the overfill prevention equipment requirement. This technology has several inherent weaknesses and can result in tanks being over pressurized. The proposed rules eliminate flow restrictors in vent lines as an option for owners and operators to meet the overfill prevention equipment requirement for newly installed UST systems and when flow restrictors in vent lines are replaced.
Internal lining. EPA’s proposed rules require that UST owners and operators must permanently close tanks using internal lining as the sole method of corrosion protection, if the internal lining fails the periodic inspection and cannot be repaired according to a code of practice. The 1988 regulations allowed lining as an upgrade option to extend the life of some tanks. While linings extended the life of many tanks, this is not a permanent solution. As the tank linings fail, these older tanks must be taken out of service to prevent releases to the environment.
Codes of Practice
The 1988 UST regulations require UST systems to be compatible with the material stored in them. Two codes of practice are referenced in a note. The proposed rule change does not alter that, but rather helps owners demonstrate compatibility with their system. As newer fuels enter the market place, it is even more important for owners and operators to clearly understand how to demonstrate compatibility with these fuels and ensure there are no releases to the environment due to stores fuels being incompatible with UST systems.
EPA’s proposed rules include the following:
• Owners and operators to demonstrate compatibility for UST systems storing greater than 10 percent ethanol or greater than 20 percent biodiesel, or any other regulated substance the regulatory agency identifies, by one of these methods:
– Listing by a nationally recognized independent testing laboratory
– Equipment or component manufacturer approval
– Another method the regulatory agency determines to be no less protective of human health and the environment than the other methods
• Owners and operators to maintain compatibility records for the life of the equipment or component for all new or replace equipment and for UST systems storing greater than10 percent ethanol or greater than 20 percent biodiesel
• EPA removes references to the two codes of practice.
• EPA revises definitions of motor fuel and regulated substance.
State Program Approval
EPA plans to update state program approval requirements to implement delivery prohibition, operator training, and additional measures to protect groundwater requirements contained in the EPAct of 2005. These proposed changes ensure states will also update their programs with the increased environmental protections. It provides consistency between federal and state UST regulations. States with program approval will have 3 years to submit a revised state program approval package.
Now is the time to determine if you are in compliance with the new UST requirements. Call Total at 908-442-8599 or visit us at www.TotalEnviron.com