New EPA Rule Changes

When Do I Have to Comply?

When an UST system has to comply with the new Federal requirements depends on where the UST is located. Since 1988, the US EPA has been working to get states and territories to adopt regulations that are at least as effective as the federal regulations. To date, the EPA has approved the UST programs in many states that have passed regulations that are consistent but not necessarily identical to the federal regulations. In these states, the state UST agency will have to update the STATE regulations to be consistent with the new Federal regulations over the next few years.

spa-map-05.19.15

States/Territories with EPA Approved Programs: State rules updated over next few years – target date to be determined state-by-state but around 10/13/2018. States/Territories with Programs Not Yet Approved by EPA plus Indian Country: Federal rules are phased in between now and 10/13/2018.

 

If you have an UST in one of the states or territories with EPA approved UST programs (dark green in map above), the target compliance deadline will be determined on a state-by-state basis. Each state must first update their UST rules to adopt the new EPA rules, so each state’s deadline is yet to be determined.  Check with your state agency to determine when the effective date will be. The date may be sooner or later than October 13, 2018. Rest assured that UST Training will be working with these state agencies over the next few years to keep our training materials up to date with evolving regulations. For a current list of each state/territories Program Approval status, click here.

If you have an UST in one of the states or territories where the EPA has NOT yet approved the UST program, or a UST in Indian Country (light green in map above), your compliance deadlines will be those stated in the federal rule. Depending on the requirement, the effective date will either be the effective date of the regulations (October 13, 2015), 180 days after the effective date (April 11, 2016), or three years after the effective date (October 13, 2018). UST training will be updating our training materials to reflect the new requirements.

What Must I Do?

The list below describes the major elements of the new Federal EPA UST rules in simplified language. Refer to 40 CFR 280 for the actual regulations. Contact UST Training or your state UST agency with specific regulatory questions.

NOTE: Some of the items in this list may already be required in your state. For example, most states already have operator training requirements in effect. The 10/13/2018 implementation date for operator training only applies to those areas that do not yet have operator training requirements in place.

The dates listed below only apply to those areas where the requirement is not already in effect and in those states that do not yet have EPA approved state level regulations!

Starting 10/13/2015

  • No new ball float valves.
  • Internal lining no longer performing in accordance with original design specs and cannot be repaired  = tank removed.
  • Notify UST agency within 30 days of taking ownership of an UST.
  • Test systems following any repair.
  • Newly installed emergency generator USTs must have release detection.
  • Demonstrate system/fuels compatibility.
  • Notify your UST Agency at least 30 days prior to storing fuels greater than E10 or B20.

Starting 4/11/2016

  • Secondary containment and interstitial monitoring required for new installations.
  • Under dispenser containment (UDC) sumps required when changing dispensers.
  • Line leak detectors required on new pressurized lines (sump sensors alone don’t qualify.

Starting 10/13/2018

  • Class A, B and C UST operators trained, including all designated Class Cs.
  • Class C employee must be on-site.
  • Train new Class A/Bs within 30 days.
  • UDCs/sumps must be liquid tight.
  • Upgrade to double wall piping if 50+% of single wall pipe run is replaced.
  • Keep testing/inspection records for at least 3 years.
  • Must respond to all sump alarms.
  • Deferred field constructed USTs and airport hydrant systems fully regulated.

Every 30 Days

  • Must perform walkthrough inspections (recommend using PEI RP 900).
  • Must look for water in tanks.
  • Must do release detection for emergency generators.
  • Must do release detection for field constructed USTs and airport hydrant systems.
  • SIR results due within the month tested.

Every Year

  • Inspect sumps.
  • Check handheld release detection equipment.
  • Function test release detection equipment (probes, sensors, floats, tank gauges, alarms, vacuum pump and gauges, etc.)
  • Function test all electronic line leak detectors for 3 GPH plus 0.2 and 0.1 GPH if used for compliance.

Every Three Years

  • Hydrostatic or vacuum test spill buckets (unless double-walled and periodically monitored).
  • Inspect overfill equipment (flapper, ball valve, high level alarm).
  • Hydrostatic test piping sumps.

You can also download EPA’s brochure that explains the implementation dates here.

Also here’s a great EPA Q&A document about the new rules.

 

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