New EPA UST Regulations

Have you heard about the new EPA Underground Storage Tank (UST) regulations? The changes were made for a variety of reasons, including:

• To provide regulation for previously unregulated areas (i.e., tribal lands)
• To improve operation and maintenance and reduce petroleum releases
• To address UST systems that were deferred in the 1988 regulations (such as USTs serving emergency generators)
• To update the regulations to include new technologies and fuel blends.

Although issued on July 15, 2015, the regulations are not immediately effective in most states, as 38 states have EPA-approved state-regulated programs. These states will have three years to enact the new requirements at the state level, with a deadline of October 13, 2018. For states without EPA-approved programs (Alaska, Arizona, California, Florida, Illinois, Kentucky, Michigan, New Jersey, New York, Ohio, Wisconsin, and Wyoming), the requirements must be met by October 13, 2015.

Summary of the New EPA UST Regulations

Change of Ownership Notification

If a tank system’s ownership changes, the tank owners must notify the state regulatory authorities. The new EPA form is entitled “Notification of Ownership Change for Underground Storage Tanks”; however, states may have their own notification forms.

Operator Training

Owners and operators must designate at least one individual as Class A and B operators, and facilities should have at least one on-site personnel trained at the Class C operator level at all times. Class A & B operators are responsible for maintaining UST systems, while Class C operators are responsible for initially addressing emergencies presented by a spill or release from a UST system. Owners and operators will need to maintain a list and records for all training. States that already have their own operator training programs (such as Arkansas and Missouri) that meet the EPA’s training program definitions will not have to change their programs.

E-15 Compatability

The new EPA UST regulations use previously adopted EPA guidelines, requiring tank owners to prove that their UST system is compatible with ethanol gasoline blends greater than E-10 or diesel fuel blends greater than B-20 using one of three methods. If you plan to place fuel blends greater than E-10 or B-20 in your UST system, you must notify your state UST program authorities 30 days ahead of time.

Internal Tank Linings

If an inspector decides that a tank lining isn’t performing as it should (referring to original design specifications) and cannot be repaired, the tank owner must permanently close the UST if it uses internal tank liners as its sole method of corrosion protection. In addition, linings must be inspected within ten years after the initial lining and every five years after that.

Overfill Prevention Equipment Inspections

Overfill protection equipment must be tested and operationally inspected once every three years, and the owner must demonstrate that the equipment operates properly. In addition, owners must inspect automatic shut-off devices, flow restrictors, and alarms.

Release Detection Equipment Tests

To ensure proper operation, annual operational and maintenance tests on electronic and mechanical components of release detection equipment are required. Tank owners must complete several steps in this process, including checking ATG systems, testing alarms, inspecting probes and sensors, and more.

Secondary Containment Testing

Once every three years, tank owners must test all sumps used for secondary containment, and the test must show that the sump is water or vacuum pressure tight. In addition, interstitial monitoring of double-walled pipes is required (unless the walls of the containment sump are periodically monitored, that is).

Spill Prevention Equipment Tests

Spill prevention equipment must be tested once every three years. However, if double-walled spill containment equipment is periodically monitored, it does not need to be tested.

Statistical Inventory Reconciliation 

Under the new regulations, statistical inventory reconciliation is an approved method of leak detection. SIR methods must meet the performance standards detailed in the final rule.

Under Dispenser Containment

When the dispenser and the equipment used to connect it to the vertical riser pipe are replaced, double-walled under dispenser containment must be installed as well.

Vent Line Flow Restrictors

All ball float valves must be tested periodically to ensure they operate properly. Although existing ball float valves can continue to be used until they require replacement, new ball float valves are banned.

Walkthrough Inspections

Tank owners must conduct monthly UST system walkthrough inspections on spill buckets, fill caps, and release detection equipment. Once a year, they must also check the sump for damage, releases, and leaks.

_____

To learn more about the new EPA UST regulations, check out Missouri DNR’s summary. Finally, if you need assistance with UST compliance tasks, contact Environmental Works, a full-service environmental consulting and contracting firm. We can help you file Change of Ownership documentation, implement a UST closure, and assist with monthly and yearly walkthrough inspections. Plus, you can use our Virtual Task Manager (VTM) software to schedule inspections and tests. To learn more about our services, please give us a call at 417-890-9500 or contact us online.