1 GTECA Annual UST Management & Compliance Assistance SeminarAugust 25, 2016
2 INTRODUCTION (background)In 1984 Congress added Subtitle I to RCRA to address contamination from leaking Underground Storage Tanks (USTs). EPA then developed and implemented a comprehensive regulatory program for USTs known as the “1988 UST Regulations”
3 INTRODUCTION (background)40 CFR, Part 280 – Commonly referred to as the “Technical Standards” – phased in over 10 years 40 CFR, Part 281 – Approval of State UST Programs. Part 281 can be referred to as SPA requirements.
4 INTRODUCTION (background)EPA believed that UST systems will be most successfully regulated by State and local governments. EPA explored several options before adopting the “Franchise Model”
5 INTRODUCTION (background)State designs/implements its own unique UST program EPA established performance objectives to address consistency EPA works with states to develop/implement a “no less stringent” program so that they can apply for State Program Approval (SPA) EPA’s regional offices coordinate SPA process 38 states plus DC and Puerto Rico have SPA and must reapply by October 13, 2018 to retain their SPA status 16 non-SPA states/territories may apply for SPA at any time.
6 States with Approved UST Programs (SPA States)
7 INTRODUCTION (background)Region 4 covers 8 States making it one of the largest regions in the United States Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee. 6 of 8 states has SPA. KY/FL non-SPA States. KY is planning on applying for SPA soon. FL ? Regional Stats: 139,239 Active USTs (25%) – Nationally 562,751 Georgia - 29,270 Active USTs (21% of R4) – More than FL 22,372
8 Why is EPA making changes to the UST regulations?To address the requirements of the Energy Policy Act (EPAct) of 2005 Establish equity in Indian Country for secondary containment and operator training Improve operation and maintenance Address UST systems deferred in the 1988 UST regulation Update to include newer technologies
9 2005 EPAct Requirements Operator Training Delivery ProhibitionSecondary Containment/Financial Responsibility Public Record Requirements State Fund Soundness Inspections Requirements States that have met EPAct requirements do not have to address those in the 2015 UST regulations.
10 What is the history of the rulemaking?November 2011 – EPA published proposed changes to the 1988 UST and SPA regulations Did extensive stakeholder engagement since 2008 Allowed a 5 month public comment period Received many insightful comments during the public comment period that helped shape the Final Rule July 15, 2015 – EPA published the final changes to the regulations which became effective October 13 , 2015
11 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 (Georgia) none of the new requirements will apply until the state adopts the federal requirements or 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.
12 New Operation and Maintenance RequirementsPeriodic walkthrough inspections (beginning October 13, 2018) Every 30 Days Check spill prevention equipment Check release detection equipment and records Annually Check containment sumps Check hand held release detection equipment Keep records of the walkthrough inspection for 1 year
13 New Operation and Maintenance RequirementsThree year spill prevention equipment testing To make sure the spill bucket will hold drips and small spills when the delivery hose is disconnected from the fill pipe. Double-walled spill buckets with periodic interstitial monitoring between the spill bucket walls are not required to meet the testing requirement Applies to new installations after October 13, 2015 Applies October 13, 2018 for UST systems installed on or before effective date of rule Keep records for 3 years
14 New Operation and Maintenance RequirementsThree year overfill prevention equipment inspections Inspect to make sure overfill operates as intended Applies to new installations after October 13, 2015 Applies October 13, 2018 for UST systems installed on or before effective date of rule Keep records for 3 years
15 New Operation and Maintenance RequirementsThree year containment sump testing for sumps used for piping interstitial monitoring Applies to new installations after October 13, 2015 Applies October 13, 2018 for UST systems installed on or before effective date of rule Double-walled sumps with periodic interstitial monitoring between the containment sump walls are not required to meet the testing requirement Keep records for 3 years
16 New Operation and Maintenance RequirementsAnnual release detection equipment testing to make sure release detection equipment is operating properly Applies beginning October 13, 2018 Keep records for 3 years
17 Addressing Deferrals – Emergency Generator USTsRemoves the deferral and requires release detection for Emergency Generator Tanks Required October 13, 2018 for systems installed on or before October 13, 2015 Required immediately for UST systems installed after October 13, 2015
18 Addressing Deferrals – Field-Constructed USTs and Airport Hydrant Fuel Distribution Systems1988 UST regulation deferred AHS and FCT from meeting release prevention and detection requirements 2015 UST regulation removes the deferral, however given the unique nature of these systems EPA created more specific and appropriate requirements for these systems Exceptions to meeting secondary containment requirement for some FCT & AHS piping Provides unique options for meeting release detection requirements One-time notification by October 13, 2018 for these systems Implementation depends on requirement October 13, 2015: release reporting, response, and investigation; financial responsibility; closure, notification (except one-time ) October 13, 2018: Spill and overfill prevention, corrosion protection, general operating requirements (including compatibility and repairs), release detection, and operator training Partially excludes aboveground tanks associated with these systems
19 Addressing Deferrals – Wastewater Treatment Tank Systems, USTs Containing Radioactive Materials, and Emergency Generator USTs at NRC facilities These previously deferred systems are reclassified as partially excluded from the 2015 UST rule. As with 1988 rule, we will continue to regulate installation under subpart A and cleanup under subpart F.
20 Compatibility 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 Demonstration of compatibility – Owners and operators must demonstrate compatibility of the UST system through a nationally recognized testing lab listing or manufacturer approval of UST equipment or components, of use an alternative option identified by the implementing agency that is no less protective than demonstrating compatibility of the UST system Recordkeeping - Owners and operators must maintain records for as long as the biofuel blend is stored to demonstrate compliance
21 Groundwater and Vapor MonitoringRequires owner or operator to have a record of site assessment for as long as using groundwater or vapor monitoring for release detection Record of site assessments needed by October 13, 2018
22 Additional RequirementsFlow 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 Internally lined USTs - if the periodic internal lining inspection shows that the lining fails and cannot be repaired according to a code of practice, then that UST system must be permanently closed Notification – new owners must notify implementing agency within 30 days of becoming an UST owner
23 Additional RequirementsRepairs 1988 regulation 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 Interstitial monitoring results 2015 regulation considers an interstitial alarm being an unusual operating condition and added interstitial integrity testing as part of release investigation and confirmation
24 General Updates Added newer technologies to the ruleUpdated codes of practice Removed references to old compliance deadlines Made editorial and technical corrections
25 What is SPA? SPA is a process whereby EPA approves a “State UST Program” to operate in lieu of the federal UST program.
26 Components of the State Program Approval ApplicationGovernor’s Letter Attorney General’s Certification and Statement Demonstration of Adequate Enforcement Procedures Memorandum of Agreement Program Description State Statutes and Regulations
27 No Less Stringent In order to obtain SPA, a state’s requirements must be no less stringent than the corresponding federal requirements. Detailed information on what is considered no less stringent for each UST technical requirements is found at 40 CFR 281 subpart C – Criteria for No Less Stringent The region will determine whether the state regs meet the “no less stringent” requirement OUST will help review state regs and answer questions to help maintain national consistency
28 State Statutes and RegulationsState must revise regulations to meet 2015 part 281 Provide copies of all applicable statutes and regulations with SPA application. Regs must be final.
29 The End
30 Q & A