Major revisions to the federal underground storage tank (UST) regulations, proposed by the United States Environmental Protection Agency (USEPA) in 2013, were finalized and became effective on October 13, 2015 (40 CFR Parts 280 & 281). The EPA sought to strengthen regulations that were first implemented in 1988 – to include current technologies and advancements in UST systems that allow improved release prevention, detection and containment. The revisions were also implemented to further protect groundwater by improving early detection and release prevention and to ensure that all USTs in the country, including Indian Lands, meet the same minimum standards.
The changes included new and revised requirements for secondary containment, operator training, periodic operations and maintenance (O&M) inspections, and provisions to ensure compatibility of UST system components before storing biofuel blends.
Changes were also made regarding specialty tanks/systems (such as field-constructed tanks and airport hydrant systems) some of which became effective immediately – including release reporting and investigation, notification, and financial responsibility. The EPA also eliminated the exemption for release detection testing for UST systems storing fuel for emergency power generators.
Timeframe for Implementation
Revisions for UST systems that became effective immediately pertained to elimination of internal tank lining as the sole method of corrosion protection, elimination of ball float valves in vent lines as an option for overfill protection for new UST systems, and notification requirements for UST system owners upon a change in ownership. With the introduction of new fuels with different chemical properties, EPA added a requirement that UST system owners and operators provide at least 30 days’ notice before switching to a product containing more than 10% ethanol or greater than 20% biodiesel – to ensure that the UST system is compatible with the stored fuel.
Revisions with an 180-day timeframe for implementation (by April 11, 2016) required new and replaced tanks and associated piping to have interstitial monitoring and secondary containment systems, and under-dispenser containment for new dispenser systems.
Revisions with a three-year implementation deadline (by October 13, 2018) included new requirements for UST system operator training and revisions to O&M inspections.
The new operator training requirements designate three classifications of operators – with different levels of training and responsibility:
- Class A operators must receive training, or pass an exam, that demonstrates broad knowledge of all aspects of UST system equipment and function, emergency response, reporting, and recordkeeping. Class A operators must have knowledge of the training requirements for Class B and C operators; and determine if the Class B and C operators under their supervision possess the understanding and skills to perform the required actions for their classification.
- Class B operators must receive training, or pass an exam, to demonstrate the knowledge and skills for day-to-day UST system operations that are site-specific and address the equipment and regulatory requirements for facilities under their supervision.
- Class C operators typically control and monitor the dispensing of fuel at a site and perform initial response actions for spills and UST system alarm events. They may be trained by a Class A or B operator, or pass a comparable exam, to demonstrate the knowledge and skills necessary to carry out their site-specific duties.
The revised rules include requirements for O&M inspections to ensure the functionality of release detection and spill prevention equipment, and to identify problems before a release occurs. Specific O&M requirements include:
- Walkthrough inspections every 30 days to assess functionality of spill prevention and release detection equipment.
- Testing of spill prevention equipment at least every three years to verify tightness, or use of double-wall spill buckets with interstitial monitoring.
- Testing of overfill prevention equipment at least every three years.
- Testing of containment sumps used for piping interstitial monitoring.
- Annual testing of line leak detection equipment.
Authorized State Programs
Under the state program approval (SPA) regulations, states meeting certain criteria receive authorization from EPA to operate UST regulatory programs in lieu of the federal program. State programs must be at least as stringent as EPA’s. Once approved, states have the lead role in UST program enforcement.
The revised regulations required that by October 13, 2018 states with existing SPA approval submit information to EPA to demonstrate that state regulations have been revised to comply with the new federal UST regulations.
To demonstrate compliance, states must show that their standards for eight performance criteria are at least as stringent as federal standards. States must have an adequate enforcement program and verify that they regulate at least the same USTs that are regulated under federal standards. As of November 2018, EPA received information from 39 states and territories which had updated their UST regulations to comply with the revised 2015 federal UST requirements.
Some states have gone beyond federal standards and have enacted operational compliance requirements that are more stringent than federal requirements. Some examples include:
- Florida: monthly release detection is required for emergency generator tanks and piping installed after January 2017.
- Missouri: cathodic protection must be installed for all metal UST components in contact with an electrolyte.
- Ohio: statistical inventory reconciliation may not be used to satisfy release detection requirements for piping or tank tightness testing requirements.
- Rhode Island: groundwater or vapor monitoring and statistical inventory reconciliation are not acceptable methods of leak detection.
Performance Measures
According to performance measures collected by EPA for fiscal year 2018, there are 550,379 active USTs at 199,000 sites. The backlog of UST release sites that have yet to achieve cleanup stands at 65,446 – down from a high of more than 171,000 in 1995. In 2018, cleanup was completed at 8,128 sites and 5,654 new UST releases were reported.
The EPA’s tracking of UST system compliance measures for 2018 indicates that 70.3% of UST facilities achieved operational compliance with UST release detection and release prevention requirements.
Analyses of performance data trends show that the number of reported releases and the backlog of open spill sites continue to decline. However, advances in technology and operator training may reduce, but not eliminate, the potential for release incidents at UST facilities. Such releases will continue to pose an environmental threat to soil and groundwater.
Regulatory Support…from HETI
HETI’s staff continually reviews new and proposed changes to regulations and standards to make sure we have current knowledge of compliance and environmental issues. We have extensive experience in supporting our clients through a comprehensive range of regulatory support and other services. Whether it’s USTs or other environmental issues, HETI is here to help.