For the first time in over 20 years, the US Environmental Protection Agency (EPA) has proposed significant revisions to the 1988 underground storage tank (UST) regulations. The proposed revisions will affect every gas station and can also affect hospitals, universities, and other facilities relying on backup power sources. The changes are intended to prevent and ensure quick detection of releases to the environment, emphasizing proper operation and maintenance of UST systems and including requirements for operator training and secondary containment.

Although some of these requirements already apply by statute to states receiving funding under the federal UST program, the proposed regulatory revisions are more extensive and will apply to all states. In states operating their own EPA-approved UST programs, state regulations will need to change to conform to EPA's final regulation.

Comments on the proposed revisions to 40 CFR parts 280 (UST regulations) and 281 (state program approval regulations) must be received by EPA on or before February 16, 2012. The proposed revisions are highlighted below.1

Operation & Maintenance

  • Monthly walkthrough inspections, beginning immediately2
  • Annual testing of spill prevention and release detection equipment, within one year
  • Testing every three years of overfill prevention equipment and secondary containment areas to ensure the integrity of the interstitial area (unless specified continuous monitoring methods are used), phased in over three years depending on the age of the UST

Operator Training

  • Designate individuals for each of three classes of operators at each UST system and maintain list of designated individuals
  • Mandated training or comparable examination
  • Phased in over three years depending on the age of the UST

Containment

  • Secondary containment and interstitial monitoring at all new and replaced USTs and piping
  • Under-dispenser containment for new dispenser systems
  • Containment requirements will apply immediately to all USTs and dispenser systems, except those for which installation began on or before the effective date of the final regulation

Emergency Power Generator USTs

  • Release detection at USTs storing fuel for use by emergency power generators, such as those used by hospitals, universities, and other facilities relying on backup power sources, within one year

Notifications

  • Notification to implementing agency within 30 days of change of ownership of UST system
  • One-time notification to agency of previously-deferred USTs, e.g., USTs storing fuel for use by emergency power generators, within 30 days of effective date of final regulation

Vapor and Groundwater Monitoring

  • Phase-out of vapor and groundwater monitoring as release detection options, within five years

Other Changes

  • Elimination of flow restrictors in vent lines as an option to meet overfill prevention requirements, beginning immediately
  • Permanent closure of USTs using internal lining as the sole means of corrosion protection if the internal lining has failed testing and cannot be repaired, beginning immediately
  • Demonstration of compatibility of UST systems with storage of more than 10% ethanol or more than 20% biodiesel, beginning immediately
  • Testing within 30 days after a repair to spill or overfill equipment and secondary containment areas
  • Investigate and address interstitial monitoring results, including alarms, signifying water or product in the interstitial area, and report within 24 hours results that indicate a release may have occurred, beginning immediately

State Program Approval

  • Update state program approval requirements to address proposed revisions to UST regulations
  • States with program approval have three years to submit a revised application to EPA conforming the state program to the final UST regulation
  • List of states with approved programs as of September 2011: http://www.epa.gov/oust/fedlaws/spa_frs.htm

Footnotes

1 The proposed revisions are at 76 Fed. Reg. 71708 (November 18, 2011), http://www.gpo.gov/fdsys/pkg/FR-2011-11-18/pdf/2011-29293.pdf.

2 All time periods begin after the effective date of the final UST regulation.

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