EPA Proposes to Modify UST Regulations
Russ Boesch, CPEA, CHMM, Senior Program Director, Nashua, NH
In 1988, EPA promulgated underground storage tank (UST) regulations to prevent, detect, and clean up petroleum releases into the environment. The 1988 regulations (codified at 40 CFR 280) required new UST systems to be designed, constructed and installed to prevent releases, while existing UST systems had to be upgraded. In addition, owners and operators were required to perform release detection, demonstrate financial responsibility, and clean up releases.
While significant progress has been made in reducing releases from USTs, approximately 7,000 new releases are still discovered each year, mainly because of poor operation and maintenance. Although releases from tanks are less frequent, releases from piping and spills and overfills associated with deliveries have emerged as a common problem-in particular, releases at the dispenser. Finally, data show that release detection equipment only detects about half the releases it is designed to detect.
To further reduce releases from UST systems, EPA proposed substantial revisions in the November 18, 2011 Federal Register (76 FR 71708). Claiming sensitivity to the future costs of operating USTs, EPA minimized requirements for retrofitting existing UST systems while focusing on proper operation and maintenance of equipment. However, new UST systems will be subject to additional release prevention requirements.
The proposed regulation focuses on UST operator training; secondary containment; operation and maintenance; and release prevention and detection. A copy of the October 2011 rule proposal comparison matrix published by EPA can be found on the Resources page of our website - see Program Tools and Guidance. A brief summary of the more significant proposed changes follows; STC suggests you review the preamble and the proposed regulations for more details.
UST Operator Training
EPA proposes to establish three classes of UST operators: A, B and C. UST owners/operators must designate at least one Class A and one Class B operator for each UST or group of USTs at a facility. Any employee that may have to initiate a response to a UST emergency (e.g., an identified release or alarms signifying a release) is considered a Class C operator. Although EPA has not established criteria for training programs, designated UST operators require training to properly manage their assigned tasks. Operators will be assessed on their knowledge of the following minimum training areas through examination, practical demonstration, or another approach acceptable to EPA or the state/local environmental agency (aka "implementing agency"):
- Class A operators-spill and overfill prevention; release detection; corrosion protection; emergency response; product and equipment compatibility; financial responsibility; notification and storage tank registration; temporary and permanent closure; related reporting and recordkeeping; environmental and regulatory consequences of releases; and training requirements for Class B and C operators.
- Class B operators-operation and maintenance; spill and overfill prevention; release detection and related reporting; corrosion protection and related testing; emergency response; product and equipment compatibility; reporting and recordkeeping; environmental and regulatory consequences of releases; and training requirements for Class C operators.
- Class C operators-appropriate action to take in response to emergencies or alarms caused by spills or releases from an UST system.
The evaluation component of training programs and comparable examinations must be developed and administered by an independent organization, the implementing agency, or a delegated authority. Initial operator training is required one to three years after the effective date of the regulation, depending on the installation date of the UST(s) at a site. Records of training must be maintained for at least three years.
Secondary Containment
EPA proposes that owners and operators install secondary containment (including interstitial monitoring) for new or replacement tanks and piping installed after the effective date of the final UST regulation. However, EPA is not proposing secondary containment for suction piping nor piping associated with field-constructed tanks or airport hydrant fuel distribution systems.
Under the proposal, secondarily contained tanks and piping must meet certain performance standards and be monitored for a leak at least once every 30 days using interstitial monitoring. In addition, pressurized piping must have an automatic line leak detector.
Under-Dispenser Containment
The proposal requires under-dispenser containment (UDC)-containment beneath a dispenser system to prevent dispenser system leaks from reaching soil or groundwater-for new dispenser systems. A dispenser system is considered "new" when both the dispenser system and equipment needed to connect the dispenser system to the UST system (e.g., check valves, shear valves, unburied risers or flexible connectors, or other transitional components beneath the dispenser that connect it to underground piping) are installed. UDC must be liquid tight and allow for visual inspection and access to the components in the containment system, or must be continuously monitored for leaks from the dispenser system.
Operation and Maintenance
EPA proposes documented, monthly walkthrough inspections to verify that UST system components, including the following, are being properly operated and maintained:
- spill prevention equipment;
- sumps and dispenser cabinets;
- monitoring/observation wells;
- cathodic protection; and
- release detection.
Walkthrough inspections must follow an inspection protocol detailed in the proposed regulation;
a comparable standard code of practice developed by a nationally recognized association or independent testing laboratory; or a comparable inspection protocol developed by the implementing agency. EPA proposes that written inspection records be maintained for one year.
Testing Requirements
The following table indicates EPA's proposed testing requirements for certain UST system components.
Records of testing must be maintained for specified time frames.
Addressing Deferrals under the 1988 UST Regulation
Under the 1988 UST regulation, UST systems storing fuel solely for use by emergency power generators were deferred from release detection requirements because the technology to monitor remote, unmanned UST systems was not generally available. That is no longer the case. EPA is therefore proposing to eliminate the release detection deferral for emergency power generator USTs.
EPA is also proposing to regulate wastewater treatment tank systems (including oil/water separators) that are not part of a wastewater treatment facility regulated under NPDES or pretreatment regulations promulgated under the Clean Water Act. Newly applicable requirements for these tank systems will likely include release detection, release prevention, agency notification, and financial responsibility. Wastewater treatment tank systems installed on or before the effective date of the final UST regulation that do not meet the upgrade requirements within three years after the effective date of the rule must be permanently closed.
Several other types of UST systems deferred under the 1988 regulation are also addressed by this proposed regulation.
If you own or operate a UST system, STC recommends that you review this proposed regulation carefully to determine how it may affect your operations.
Russ Boesch, CPEA, CHMM,is an STC Senior Program Director with more than 25 years of experience conducting environmental compliance and management systems audits, regulatory analysis, and environmental management consulting. He has managed and performed numerous EHS compliance audits throughout the United States in a variety of industries including aerospace, automotive, utilities, pharmaceuticals, medical devices, optical devices, laboratories, foods, electronics, petroleum refining, and chemical manufacturing facilities; commercial hazardous waste TSDFs; cruise ships; educational institutions; and federal government installations. Russ has helped several large corporations design and implement audit programs by preparing facility- and state-specific audit protocols, conducting auditor training, and leading audit teams in the field. A Certified Professional Environmental Auditor in the disciplines of Environmental Compliance and Responsible CareŽ Management Systems, Russ is also a Certified Hazardous Materials Manager.
For more information about these proposed rules or for information about STC's audit services, contact Russ at (603) 888-2952 or RBoesch@stcenv.com.
