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 Smith.wg@epa.gov or 404-562-9467

Questions?