Petroleum Storage Tank Rules:

Summary of recent revisions and why they are important

Lonnie Gilley

TCEQ Environmental Investigator/Technical Specialist

Petroleum Storage Tanks

2015 EPA UST Regulations

EPA updated their 1988 UST Regulations and incorporated key portions of the Energy Act of 2005 Altered 40 CFR part 280

Published to Federal Register in July 2015 All states with State Program Approval

(SPA) had 3 years to incorporate the federal rule changes

Incorporating UST Regulations in Texas EPA rule changes included many

provisions and requirements that Texas has already required in previous rule revisions including: Operator training Secondary containment for all new

installations since January 1, 2009 Interstitial monitoring requirements Sump testing & inspections for installations after

January 1, 2009

Effective Dates

Some rule modifications become effective when the rules were published in Texas Register such as monthly release detection every 30 days -formerly 35 days

For new installations after 09/01/2018, most rules become effective immediately

For existing fuel systems installed prior to 09/01/2018, most rules have a delayed implementation date of 01/01/2021

Delayed implementation 1/1/2021 - Annual testing for release detection

equipment (ATG, probes, sensors, vacuum pumps/pressure gauges, groundwater/vapor monitoring equipment)

1/1/2021 – Testing of spill buckets and containment sumps and inspection of overfill prevention equipment every 3 years at facilities installed before 9/1/2018

1/1/2021 – Periodic operation and maintenance walkthrough inspections

9/1/2018 – Interstitial monitoring is a mandatory primary form of RD for tanks installed on or after 1/1/2009

9/1/2018 – Flow restrictor devices (aka ball floats) no longer allowed when overfill prevention installed or repaired on or after 9/1/2018

Stakeholder Input Delayed implementation of certain sections 3-year hydrostatic testing of sumps

Disposal Reuse Required liquid levels

Revision of operator training courses Updated operator training deadlines

Stakeholder Input 3-year hydrostatic testing of sumps

Disposal – amendments proposed for TPDES General Permit to allow for land application, given best management practices are followed

Reuse of test water - allowed Required liquid levels – added low liquid level testing

method for containment sumps equipped with sensors wired for positive shutdown (to reduce volume of water needed for testing & subsequent disposal)

Some other changes made:Added periodic inspection of lined tanks (every

10 years)Required Interstitial Monitoring be the primary

method of release detection for systems installed on or after January 1, 2009

Required A/B operator training be retaken no later than January 1, 2020 with an updated training course

Out of Service fuel systems must maintain financial assurance until emptied and a site assessment has been completed

Other Changes of Interest

Texas Rule Changes

Walkthrough Inspections334.48(h) - Monthly

Current New Rules

Old regulations in 334.42(i) will end for existing systems such as: • 60 day sump & spill bucket

inspections

Every 30 days:• Spill and overfill equipment

(check for gauging sticks in drop tubes)

• If your UST system receives deliveries at intervals greater than 30 days, you may check spill prevention equipment prior to & after each delivery

• Release detection equipment

Walkthrough Inspections - AnnuallyCurrent New Rules

Old regulations in 334.42(i) will end for existing systems such as: • 60 day sump & spill bucket

inspections

Annually:• Containment sumps installed

after 2009 and all sumps used for interstitial monitoring – must be liquid tight - check for leaks Note: make sure sump sensors are installed within 2 inches of the bottom of the sumps

• Containment sumps before 2009 not required to be liquid tight, but if not, metal components must have cathodic protection - check for leaks

• Sump Turbine Pumps (STPs) and dispensers with no sumps are also required to be inspected annually for cathodic protection - check for leaks

Walkthrough Inspections334.48(h)

Current New Rules

Removal and disposal of liquids/debris • Within 96 hours of alert or

discovery

• Liquids/debris must be removed within 96 hours

• Waste must be properly disposed according to regulations

Helpful Documents EPA – UST Systems: Inspecting and Maintaining

Sumps and Spill Buckets

PEI/RP1200-12: Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities

Why conduct walkthrough inspections?Non-metallic flexible piping: Growth

issues and buckling

Why conduct walkthrough inspections?Non-metallic flexible piping: Growth

issues and buckling

Why conduct walkthrough inspections?Flex Hose Leak - Before

Why conduct walkthrough inspections?Flex Hose Leak - After

Why conduct walkthrough inspections?Leak in Healy Minijet - Before

Why conduct walkthrough inspections?Leak in Healy Minijet - After

Why conduct walkthrough inspections?Liquid Sensor in Bottom of Sump?

Why conduct walkthrough inspections?Corrosion at metal piping fittings

Why conduct walkthrough inspections?Corrosion at metal piping fittings

Why conduct walkthrough inspections?Cracks in spill buckets

Why conduct walkthrough inspections?Tears in spill bucket sidewalls

Why conduct walkthrough inspections?Retaining ring for two-piece spill bucket

Why conduct walkthrough inspections?Retaining ring for two-piece spill bucket

Why conduct walkthrough inspections?Fuel seeping to surface through

concrete expansion joints

Why conduct walkthrough inspections?Leaks at functional elements

Why conduct walkthrough inspections?Check cathodic protection system

connections

Why conduct walkthrough inspections?Corrosion issues due to microbial activity

Why conduct walkthrough inspections?Fuel under dispensers

Why conduct walkthrough inspections?Common leaks inside dispensers include fuel

filters, shear valves, and meter gaskets

Why conduct walkthrough inspections?Common leaks inside dispensers include fuel

filters, shear valves, and meter gaskets

Periodic Testing: Spill Prevention Equipment 334.48(g)

Current New RulesNot required Must meet one of the following:

Tightness testing required:• Every 3 years• Vacuum, pressure, or liquid

testing

Double-walled equipment may opt to periodically monitor• Every 30 days

• Applies to spill prevention equipment used for interstitial monitoring, including spill buckets or other containment devices, and containment sumps

Periodic Testing:Overfill Prevention Equipment334.48(g)

Current New Rules

Not required • Inspect every 3 years to ensure:o Equipment is set to

activate at the correct level

o Activation occurs

Release Detection Equipment Testing334.48(e)

Current New Rules

Not required • Test annually• Includes:

o Automatic TankGauge

o Line Leak Detectors (already required)

o Probes & sensorso Hand-held electronic

sampling equipment

Release Detection334.50

Former Current

Monitoring period for release detection:• Monthly (not to exceed

35 days)

Monitoring period for release detection:• Cannot exceed 30 days

Release Detection334.50(d)

Current Added to Current

Emergency generator tanks may use Automatic Tank Gauge (ATG) as a sole method of release detection if testing is programmed daily

Used oil tanks will have same exemption as emergency generator tanks• Automatic Tank Gauge

(ATG) must be capable of conducting a 30-day water check

Release Detection334.50(b) & (c)

Former Current

Interstitial monitoring is required to be conducted as a method of Release Detection on UST systems installed after 01/01/2009, but could be conducted as a secondary method for compliance

Interstitial monitoring is now required to be conducted as the primary method of Release Detection on UST systems installed after January 1, 2009 (effective 09/01/2018)

Flow Restrictors334.51(b)

Former Current

Flow restrictors (ball floats) were allowed

Flow restrictors (ball floats) are no longer allowed to be installed on new or replacement systems for overfill prevention

Existing ball floats may remain until they become inoperable

Repairs334.52(d)

Former Current

Not required Test/Inspect within 30 days following repairs to:• spill and overfill

equipment• secondary containment

used for interstitial monitoring (sumps)

Oil Water Separators334.4

Former Current

Owners/Operators of oil water separators must complete operator training, and use a registered UST contractor for installation and removal

Removed requirements

E10+ and B20+334.6(b)(1)(A)(ix) & 334.7(d)(1)(C)

Current New Rules

No current requirement tonotify agency of switching to E10+ and B20+

• Submit a 30 day notification to agency prior to switching to E10+ and B20+

• Submit a registration form to agency within 30 days after switching to E10+ and B20+

Lonnie GilleyTCEQ DFW Region Office2309 Gravel DriveFort Worth, TX 76118(817) 588-5841Lonnie.Gilley@tceq.texas.gov