2015 Federal UST Regulation Changes
BY:Winston G. Smith
Environmental EngineerUST/PCB & OPA Enforcement & Compliance Section
EPA Region 4
2015 Federal UST Regulation Changes
EPA Administrator, Gina McCarthy, signed the final rule on 6/19/2015
Effective October 13, 2015
What do these new requirements mean for owners and operators?
• In states without state program approval (SPA) and in Indian country• the new requirements will apply according to time frames specified in
the 2015 UST regulation.
• In states with SPA• none of the new requirements will apply until state adopts the federal
requirements• if a state does not adopt the requirements, until EPA withdraws
approval of SPA for that state. Owners and operators in states with SPA must continue to meet the *state* UST requirements.
States with Approved UST Programs(SPA States)
• Operator Training
Implementation: Within 3 years (October 2018)
• Secondary Containment w/ interstitial monitoring
• Applies to new and replaced tanks & piping• Includes interstitial monitoring (and sumps if they are used for
interstitial monitoring)• Includes under-dispenser containment for new dispenser systems
Implementation:180 Days (after April 11, 2016)
2015 “Energy Policy Act of 2005” Requirements
Implementation: Within 3 years (October 2018)
Walkthrough Inspections:
• Owners and operators conduct walkthrough inspections every 30 days for spill prevention and release detection equipment.
• Annually for containment sumps and hand held RD equipment.
• Records kept for 1 year
New Operation and Maintenance Requirements
Implementation:
- New installations: after October 13, 2015
- Installs on or prior to October 13, 2015: within three years (October 2018)
Spill Prevention Test Requirement:
• Owners and operators test at least every 3 years for liquid tightness or use a double-walled spill bucket with periodic interstitial monitoring.
• Records kept for 3 years
New Operation and Maintenance Requirements
Overfill Test & Inspection Requirement
• Owners and operators inspect every 3 years to ensure overfill operates as intended
• Records kept for 3 years
New Operation and Maintenance Requirements
Implementation:
- New installations: after October 13, 2015
- Installs on or prior to October 13, 2015: within three years (October 2018)
Containment Sump Test Requirement:
• Containment sumps used for piping interstitial monitoring - owners and operators test every 3 years for liquid tightness
or • use a double-walled containment
sump with periodic interstitial monitoring.
• Records kept for 3 years
New Operation and Maintenance Requirements
Implementation:
- New installations: after October 13, 2015
- Installs on or prior to October 13, 2015: within three years (October 2018)
Implementation:
- Beginning October 13, 2018
Release Detection Test Requirement:
• Owners and operators test annually to ensure equipment is operating properly.
• Keep records for 3 years
Overfill Alarm
Product Level Float
Water Level Float
New Operation and Maintenance Requirements
Emergency Generator USTs:
• Deferral status is removed• Requires owners and
operators to perform release detection.
Implementation:
- New installations: required immediately for installs after October 13, 2015
- Installs on or prior to October 13, 2015: within three years (October 2018)
Addressing Deferrals
Implementation depends on requirement:
- October 13, 2015: release reporting, response, and investigation; financial responsibility; closure, notification (except one-time )
2015 UST regulation removes the deferral
• EPA created more specific and appropriate requirements for these systems
• Provides unique options for meeting release detection requirements
• One-time notification by October 13, 2018 for these systems
• Partially excludes aboveground tanks associated with these systems
Field-Constructed USTs and Airport Hydrant Fuel Distribution Systems
Implementation depends on requirement (cont):
- October 13, 2018: Spill and overfill prevention, corrosion protection, general operating requirements (including compatibility and repairs), release detection, and operator training
Field-Constructed USTs and Airport Hydrant Fuel Distribution Systems
Implementation:
- October 13, 2015
• Notification - Owners and operators must notify the implementing agency at least 30 days before switching to a regulated substance containing greater than 10 percent ethanol, 20 percent biodiesel, or any other regulated substance identified by the implementing agency
• Product compatibility - must be demonstrated
• Recordkeeping - Owners and operators must maintain compatibility records for as long as the biofuel blend is stored
Product Compatibility
Implementation:
- Record of site assessments by October 13, 2018
Vapor and groundwater monitoring still allowed as release detection options.
• Requires owner or operator to have a record of site assessment for as long as they use groundwater or vapor monitoring for release detection.
Groundwater and Vapor Monitoring
Implementation: - Immediately on new installations and replacements
Flow Restrictors:
• flow restrictors in vent lines (ball floats) are no longer an option for overfill protection in new UST systems and when these devices need to be replaced
Additional Requirements
Implementation:
- October 13, 2015
Internal Lining:
• If the internal lining of a UST fails the periodic inspection and cannot be repaired according to a code of practice, owners and operators must permanently close tanks using internal lining as the sole method of corrosion protection
Additional Requirements
Implementation:
- October 13, 2015
Notification:
• New owners must notify the implementing agency within 30 days of becoming an UST owner
• EPA adds a requirement that,
within three years, owners submit a one-time notification for previously deferred FCTs and AHSs.
Additional Requirements
Implementation:
- October 13, 2015
Repairs:
• 1988 regulations linked a repair to a release to the environment
• 2015 UST regulation removes this link so that fixes not associated with releases are also repairs
• Added testing after repairs to spill, overfill, and secondary containment equipment
Additional Requirements
Implementation:
- October 13, 2015
Interstitial monitoring results:
• Interstitial alarms are added as an example of an unusual operating condition and have been added as part of release investigation and confirmation
Additional Requirements
General Reg Updates
• Added newer technologies to the rule• Updated codes of practice• Removed references to old compliance
deadlines• Made editorial and technical corrections
Additional Information
OUST Website on Revised Regulationshttp://www.epa.gov/oust/fedlaws/revregs.html
Contact Info:
Winston G. Smith at [email protected] or 404-562-9467
Questions?