State Reapplication For Underground Tank Program Approval

In July 2015 EPA published the 2015 underground storage tank regulation and the 2015 state program approval regulation. This was the first major revision to the federal UST regulations since 1988. The revisions were intended to strengthen the 1988 federal underground storage tank (UST) regulations by increasing emphasis on properly operating and maintaining UST equipment. The revisions included provisions to prevent and detect UST releases, which are a leading source of groundwater contamination, and to ensure all USTs in the United States, including those in Indian country, meet the same minimum standards.

Abandoned Underground Tanks Marked During 

Ground Penetrating Radar (GPR) Survey

The 2015 UST regulation changed certain portions of the 1988 underground storage tank technical regulation, added new operation and maintenance requirements, and addressed UST systems deferred in the 1988 UST regulation. The changes:

• Added secondary containment requirements for new and replaced tanks and piping
• Added operator training requirements
• Added periodic operation and maintenance requirements for UST systems
• Added requirements to ensure UST system compatibility before storing certain biofuel blends
• Removed past deferrals for emergency generator tanks, field constructed tanks, and airport hydrant systems
• Updated codes of practice
• Made editorial and technical corrections

The 2015 state program approval (SPA) regulation also updated SPA requirements  and incorporated the changes to the UST technical regulation listed above.

Currently 38 states plus the District of Columbia and Puerto Rico have SPA and have three years to reapply in order to retain their SPA status. UST system owners and operators in these states must continue to follow their state requirements until the state changes its requirements or until the state’s SPA status changes. Under the 2015 state program approval regulation, the 38 states plus the District of Columbia and Puerto Rico, which currently have SPA must reapply by October 13, 2018 in order to retain their SPA status. The remaining 16 non-SPA states and territories may apply for SPA at any time.

Owners and operators in 16 non-SPA states and territories must meet the federal requirements according to the schedule in the 2015 UST regulation. In addition, owners and operators will need to follow their state requirements.




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Revised 2018 Flammable and Combustible Liquids Code Released

The National Fire Protection Association (NFPA) has released a revised 2018 edition of NFPA 30 Flammable and Combustible Liquids Code. This version replaces the prior edition published in 2015. NFPA 30 is referenced in numerous OSHA, emergency prevention and pollution prevention regulatory programs and becomes enforceable under OSHA and many state and local regulations, NFPA 30 provides safeguards to reduce the hazards associated with the storage, handling, and use of flammable and combustible liquids.

The NFPA 30 code applies to the storage, handling, and use of flammable and combustible liquids, including waste liquids. It is intended to "reduce the hazard to a degree consistent with reasonable public safety, without undue interference with public convenience and necessity, of operations that require the use of flammable and combustible liquids." Compliance with the code does not eliminate all hazards in the use of flammable and combustible liquids.

Improper Storage And Labeling of Flammable 

Waste Observed During Audit

The NFPA 30 code does not apply to:

• Any liquid that has a melting point of 100°F (37.8°C) or greater
•  Any cryogenic fluid or liquefied gas
• Any liquid that does not have a flash point, but which is capable of burning under certain conditions
• Mixtures of flammable or combustible liquids and halogenated hydrocarbons either do not exhibit a flash point using the standard closed-cup test methods or will exhibit elevated flash points.
• Any aerosol product, which are addressed in NFPA 30B, Code for the Manufacture and Storage of Aerosol Products.
• Any mist, spray, or foam
• Transportation of flammable and combustible liquids as governed by the U.S. Department of Transportation, which are addressed in NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids, and in the U.S. Department of Transportation’s Hazardous Materials Regulations, Title 49, Code of Federal Regulations, Parts 100–199.
• Storage, handling, and use of fuel oil tanks and containers connected with oil-burning equipment, which are addressed in NFPA 31, Standard for the Installation of Oil- Burning Equipment.
• Use and installation of alcohol-based hand rub (ABHR) Dispensers, which are addressed in NFPA1, Fire Code, and NFPA101, Life Safety Code.

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Do I Need Permit For Oil Water Separator?

What Is A Flammable Waste Trap?

A flammable waste trap is sometimes called an oil-water separator. It is typically located underground, often under the floor of a building. It is intended to retain low density liquids (usually oils and fuel) from wastewater so that they do not discharge to the sewer. Most often oil-water separators are connected to floor drains inside a building. Oil water separately must have oil removed periodically to remain operational.


Flammable Waste Trap / Oil Water Separator

Do Flammable Waste Traps, Oil Water Separators Need a Permit?

In most cases no. However, most sewer agencies require installation of oil water separators at higher risk businesses to prevent significant quantities of oil being discharged to the sewer. Therefore they are included in facility designs which are approved by local permitting authorities for sewer connection permits, but are not permitted separately.

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Proposed Revision To Colorado Tank Rules

The Colorado Department of Labor and Employment (CDLE) – Division of Oil and Public Safety (OPS) is proposing changes to all Articles of regulation 7 CCR 1101-14, Storage Tank Regulations. These proposed changes include some technical changes (additions or changes of existing requirements) and to clarifications.

Some of the key proposed changes include:
Article 1 – General Provisions
• Add some definitions from statutes or from existing regulation Articles.
• Add a Glossary of terms.
• Clarified the definition of “Owner”.

Article 1.5 (New) – Motor Fuel Dispensing, Weights and Measures, and Product Quality
• Add a Motor Fuel Dispensing and Weights and Measures Article describing current requirements.

Article 2 – Underground Storage Tanks
• Clarify UST systems that are exempt from the Regulations.
• Clarify “Determination of Ownership and Use”.
• Remove specifics of what is required on the installation application and defaulted to the current application for these specifics.
• Added the requirement to conduct an assessment during repairs of subsurface portions of a UST system.
• Add out of service requirements to add flexibility for tank owners with systems that operate seasonally.

Article 3 – Aboveground Storage Tanks
• Added a new table describing restricted-capacity fleet vehicle motor fuel dispensing operations.

Article 4 – Release Reporting, Investigation, and Confirmation
• Define water in tank as two inches or more.
• Define suspected release in containment equipment as when fuel is in contact with penetration points, and add a requirement for hydrotesting of spill containment in response to this suspected release.
• Add a requirement for a site check in response to inconclusive SIR results.
• Add a requirement for a site check in response to a failed system test.

Article 5 – Release Response and Corrective Action
• Remove parameters of calculating site-specific target levels. This information will be included in the Guidance Document.
• Clarify that the responsibility for addressing releases remains with the owner/operator who owned the tank system at the time of the release.
• Add requirement to assess groundwater in response to a confirmed release.
• Add specifications for pilot testing.
• Add specific conditions to be met prior to requesting no further action.

Article 6 - Enforcement
• Add a description of the enforcement process which is currently employed.

Article 8 – Petroleum Storage Tank Fund
• Add language specifying that an owner/operator who is reimbursed for cleanup costs must remain in operational compliance to continue to be reimbursed.
• Add language specifying reimbursement/invoice format requirements.
• Add the requirement that applications for reimbursement of costs must be submitted within 5 years of incurring the costs.
• Add “unallowed status” for costs, associated with fees or other payments, incurred to obtain access to off-site properties.
• Add “unallowed status” for costs associated with the rental of equipment owned by the applicant if the purchase of the equipment was previously reimbursed.
• Add requirement to send an application back to the Committee for review if the facility is out of operational compliance.
• Add a description of the “Vendor Offset” policy.


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Revision To IDEM Underground Storage Tank Rules

Indiana Department of Environmental Management has revised its Underground Storage Tank Regulations under Senate Bill 168. The rule, which took effect July 1, added a new code section IC 13-23-7-10. The State may now impose a lien on the property of an owner or operator of an underground storage tank, if they fail to register or pay certain fees.

IDEM must: (1) provide 30 days written notice before filing a lien; and (2) perfect a lien by recording the lien with the county recorder in the county in which the property is located. The bill also added a new section to IC 13-23-8-4 that allows a bona fide purchaser eligibility to receive funds from the underground storage tank excess liability trust fund if the transferee pays past due fees of the transferor in certain circumstances.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs.

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Ohio Revises Rules For Underground Storage Tanks

Ohio has changed its underground storage tank regulations to align with federal rules.Under Ohio Rule OAC 1301-7-9-06, all new UST Systems must have secondary containment. Previously, only UST Systems in sensitive areas had to secondary containment. Further, when the cumulative replacement of an existing UST system exceeds 50%, then the entire system must have secondary containment. When new dispensers are installed or when existing dispensers are repaired and did not have containment pans under the dispenser, containment must be then installed under the dispenser.

Under Rule OAC 1301-7-9-19, by August 8, 2012, Owners and operators had to designate, train and document the training of Class A, B and C operators. This training was for operators of UST systems and is in addition to the licensure requirements for UST installers. Licensed UST installers automatically qualify as Class A operators.

Class A Operators have the primary responsibility for achieving and maintaining compliance with statutory and regulatory requirements and standards necessary to operate and maintain the UST system at one or more UST Sites. Class B Operators have the primary responsibility for implementing applicable requirements and standards for UST systems at one or more UST sites. Class A and B Operators have to undergo training from a state Fire Marshal approved trainer using formats approved by the state.

Class C operators (often being at least one attendant at the facility during working hours) are responsible for the initial response to alarms and other indications of emergencies caused by spills or releases from a UST system and for notifying the Class A or Class B Operators or emergency response personnel of the same. Class C operators may be trained by Class A or Class B operators using formats approved by the state.


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Final Guidance On Storing Ethanol and Biofuels In Underground Tanks

On June 17, 2011, US EPA Office of Solid Waste and Emergency Response released the final Guidance Regarding Compatibility of Underground Storage Tank (UST) Systems with Biofuels Blends. The guidance provides options for UST owners to use in complying with the federal compatibility requirement for UST systems storing gasoline containing greater than 10 percent ethanol or diesel containing greater than 20 percent biodiesel. EPA is submitting the guidance for publication in the Federal Register (FR).

Federal UST regulations in 40 CFR Part 280 addresses preventing and detecting UST system releases; 40 CFR §280.32 requires the UST system be compatible with the substance stored. As the US moves toward an increased use of biofuels, including ethanol and biodiesel, compliance with the UST compatibility requirement becomes even more important, since biofuel blends can compromise the integrity of some UST system materials. Therefore, EPA issued guidance on how owners and operators of UST systems storing fuels containing greater than 10 percent ethanol or greater than 20 percent biodiesel can demonstrate compliance with the UST compatibility requirement.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

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Guidance On Storing Ethanol Fuels and Biodiesel In Underground Storage Tank Systems

To help ensure that biofuels, such as ethanol and biodiesel, are safely stored in underground storage tanks (USTs), the U.S. Environmental Protection Agency (EPA) released draft guidance for UST owners and operators who wish to store these fuels. EPA is requesting comments on the proposed guidance that clarifies how an UST owner or operator can comply with the federal compatibility requirement for UST systems storing gasoline containing greater than 10 percent ethanol, and diesel containing a percent of biodiesel yet to be determined. After reviewing comments, EPA intends to issue the final guidance in early 2011.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

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UST Training Requirements - New MPCA Rule 7150

On December 7, 2009, the Minnesota Pollution Control Agency (MPCA) published notification its intent to finalize amendments to State rules governing the operation of underground storage tank (UST) systems (Minnesota Rules Chapter 7150). For the most part, these amendments are being made to bring Minnesota Rules into conformance with the Federal UST requirements in Section 1524 of the Energy Policy Act of 2005.

The revised Minnesota Rules include specific training requirements for the three classes of UST system operators. Class A and B operators must pass an agency-administered examination verifying operator knowledge of the UST system with a score of 75 % or higher. Newly designated Class A and B operators must pass the agency-administered examination within 30 days after being designated by the owner or operator of the tank system.

A Class B operator must retake the examination within 30 days after a change in any of the following tank system components:
(1) tank or piping construction material;
(2) tank or piping release detection method; or
(3) type of cathodic protection system.

Current Class A and B operators must be designated and pass the initial agency-administered examination according to the following deadlines:

(1) operators at UST facilities where the facility telephone area code is 651 or 952 must pass the examination no later than August 8, 2010.
(2) operators at UST facilities where the facility telephone area code is 612 or 763 must pass the examination no later than August 8, 2011.
(3) operators at UST facilities where the facility telephone area code is 507, 218, or 320, or other area code must pass the examination no later than August 8, 2012.

Further information on environmental and EHS Training

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EPCRA 311-312 Reporting For Fuels – Conditional Exemptions

Do facilities need to report fuels stored on-site under EPCRA 311 and 312?

In most cases, fuels must be considered under EPCRA 311 and 312, and must be reported on Tier I or Tier II forms if the maximum inventory during the reporting year exceeds the EPCRA reporting threshold of 10,000 pounds.

There are some limited exceptions for fuel storage. However, these apply only to retail establishments and only to storage in underground storage tanks (USTs). For such facilities, the condition exemption applies only to two fuel types:

• For gasoline at a retail gas station, the threshold level is 75,000 gallons, if storage meets some specific conditions
• For diesel fuel at a retail gas station, the threshold level is 100,000 gallons, again if storage meets some specific conditions.

Caltha LLP provides expert regulatory support to clients nationwide. Click here to request further information on State EPCRA Tier II reporting services.

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UST Operator Training Requirements Under Energy Policy Act

The Energy Policy Act of 2005 required EPA to develop training guidelines for three distinct classes of operators who operate and maintain underground storage tank (UST) systems. States receiving funding under Subtitle I of the Solid Waste Disposal Act are then required to develop state-specific training requirements consistent with EPA's guidelines no later than August 8, 2009.

The EPA guidelines for UST training recognize three classes of operator:

Class A Operator has primary responsibility to operate and maintain the underground storage tank system, including managing resources and personnel to achieve and maintain compliance with regulatory requirements. At a minimum, the Class A operator must be trained and have general knowledge of UST system requirements so he or she can make informed decisions regarding compliance and ensure appropriate individuals are fulfilling operation, maintenance, and recordkeeping requirements and UST standards and regulatory requirements

A Class B Operator implements applicable UST regulatory requirements and standards in the field. This individual implements day-to-day aspects of operating, maintaining, and recordkeeping for USTs at one or more facilities. Compared with training for the Class A operator, training for the Class B operator will provide a more in-depth understanding of operation and maintenance aspects, but may cover a more narrow breadth of applicable regulatory requirements.

A Class C Operator is an employee and is, generally, the first line of response to events indicating emergency conditions. This individual is responsible for responding to alarms or other indications of emergencies caused by spills or releases from underground storage tank systems. At a minimum, the Class C operator must be trained to take action in response to emergencies or alarms caused by spills or releases from an underground storage tank system.

All States must ensure all three classes of operators are trained according to state-specific training requirements by August 8, 2012.

Caltha LLP provides training to comply with a number of regulatory programs, including SWPPP Training, SPCC Training, RCRA Training and Hazard Communication Training.

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Underground Storage Tank UST - New Rules For South Dakota

The South Dakota Department of Environmental and Natural Resources has revised its requirements for Underground Storage Tanks (UST), and associated piping and dispensing equipment.

Effective January 1, 2009, if the system is located within 1,000 feet of a community water supply or any potable water well (including private household wells), new USTs or replacement of existing USTs must include SECONDARY CONTAINMENT and LEAK DETECTION measures. These control requirements also apply to new piping systems installed after January 1, 2009.

Any new dispensing equipment, or replacement of existing equipment, if located within 1,000 of a potable water supply, must have a UNDER DISPENSER SUMP. The sump needs to control any releases from the area around the dispensing equipment and prevent releases to the environment.

Finally, ALL owners and operators of UST systems, regardless of proximity to potable water supplies, must go through a training program on proper UST operation. Training must be completed by August 8, 2012.

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