EPA's 2015 updates for underground storage tanks

September 18th, 2015 by Dakota Software Staff Industry News

The U.S. Environmental Protection Agency recently issued revisions of the regulations governing the installation and safe use of underground storage tanks. These updates will help strengthen previous regulations for environmental and safety compliance. The revised regulations will help prevent UST leaks and releases from USTs, the leading source of groundwater contamination, according to the EPA's website. These updates make sure that all USTs in the U.S., including those on Native American reservations, meet a minimum set of safety requirements.

Why the updates?
The previous regulations for USTs were created in 1988. Since that time, no major revisions have been made. Over that period of time, technology has advanced and improved significantly, which means there are better methods available for installing, using and keeping track of USTs and the materials they store. The regulations put into place in 1988 were sufficient then, but the EPA felt they were simply not enough today.

What was updated
A number of areas of the regulations were evaluated and revised as needed. Here are the updates:

• Operator training
  In the 1988 regulations, there was no mention of owners or operators of USTs having special training or requirements for specially trained personnel on site. With the 2015 update comes the requirement that owners and operators need to have at least one individual who has Class A definition training and Class B definition training and all individuals involved in the operation of the tank have Class C definition training. If the UST system is found to be out of compliance, retraining may be required. The owners and operators of UST systems must keep a list of all trained individuals and have proof of their credentials. This documentation doesn't need to be kept onsite.
• Secondary containment
  Under the new regulations, all USTs, including petroleum tanks, need to have a secondary containment system installed as well as interstitial monitoring for any new or replaced tanks and piping. Additionally, if half or more of the systems piping needs to be replaced, the entire system should be replaced and equipped with modern secondary containment equipment. Any new dispenser systems must be equipped with under-dispenser containment equipment. Definitions for dispenser system replacement, secondary containment and under-dispenser containment were also created with the new regulations.
• Notification, operations and maintenance
  Changes were made to the rules regulating the notification of the EPA, operations and maintenance of USTs. Previously, only an initial notification of a UTS was required. Now notifications of any changes in ownership or change in stored substance must be completed. The periodic testing and inspections, which typically occurred in a one- to three-year time frame, will now be increased. Walkthrough inspections looking at spill prevention equipment and release detection equipment will happen every 30 days. Additional testing pertaining to containment sumps and hand-held release detection equipment will now occur annually.
• Deferrals
  Previously, the EPA allowed deferral from release detection for UST systems storing fuel used by emergency power generators. Under the 2015 revisions, all UST owners and operators must perform release detection. Field-constructed tanks and airport hydrant systems, which also used to be subject to deferrals, may use alternative release detection options specifically designed for those systems.
• Spill prevention and detection
  The 1988 regulations required the use of flow restrictors in vent lines and internal lining to prevent overfill. The new 2015 regulations prohibit the use flow restrictors in vent lines because of weaknesses in the technology. The EPA outlines other suitable spill prevention methods in section 40 CFR part 280 of the new regulations. The regulations about internal lining has also changed. Previously, if internal lining was the only method used to protect against corrosion and it failed  during a periodic inspection, another internal lining or cathodic protection or both could have been installed. Now, the EPA orders owners and operators to permanently close these kinds of tanks in the event that they fail during a periodic inspection.
• Compatibility
  Under previous regulations, the EPA requires that the the the tank's materials are compatible with the substance stored in it. This will not change. However, owners and operators of the USTs must notify the EPA 30 days before they switch to a new substance so that it can be made clear that the tanks are compatible with the new substance before it is stored.
• Repairs
  Under the new regulations repairs no longer need an association with a release. Instead, the EPA adds other repairs to the list of possible repairs. This means testing following these repairs is needed. The EPA should be notified within 30 days of any repair.

When is compliance needed?
Compliance with these new regulations can come as quickly as October. For example, the regulations for flow restrictors in vent lines, internal lining, notification, and compatibility should be addressed this year. Other requirements won't be regulated until 3 years from now. Most state regulations will also take up to 3 years. Owners and operators will need to make the necessary changes for safety and environmental compliance.