Changes to the Underground Storage Tank Regulations
On Aug. 8, 2005, President George W. Bush signed the Energy Policy Act of 2005. Title XV, Subtitle B of this act (titled the Underground Storage Tank Compliance Act of 2005) contains amendments to Subtitle I of the Solid Waste Disposal Act, the original legislation that created the underground storage tank (UST) program. This law significantly affects federal and state underground storage tank programs, will require major changes to the programs and is aimed at reducing underground storage tank releases to our environment.
Missouri has already implemented the fuel delivery prohibition (“red tag”), new reporting requirements and now inspects facilities every three years. Missouri is working to implement operator training and secondary containment (double-walled systems).
While the department believes that our existing state program requiring financial responsibility for installers and manufacturers of underground storage tanks meets the requirements of the 2005 Energy Policy Act, we have been unable to demonstrate this to the satisfaction of U.S. Environmental Protection Agency (EPA). As such, we are moving forward to publish state regulations requiring secondary containment for new UST systems.
If you have questions regarding these regulations, contact Heather Peters of the Hazardous Waste Program at 800-361-4827 or 573-522-5665 or by email.
The upcoming rulemaking will try to address three primary goals:
- Include state specific requirements- resolve issues with 2011 rulemaking, address problems seen in Missouri, clarify vague or ambiguous language.
- Enact the secondary containment (double-walled) requirements, as mandated by EPA.
- Include the new EPA regulations, when finalized (expected Fall 2014).
For additional details on proposed changes, please check our current newsletter.
The State Specific Changes
These proposed changes are the state-specific proposals open to discussion.
These proposed changes can be enacted, modified or deleted completely.
We need your input!
- Prohibit installation of a UST at a new facility that is within 300 feet of an existing drinking water well (current water regulations prohibit installation of a well within 300 feet of a UST).
- Reduce the new installation notification requirement from 30 days to 14 days.
- Require tie-downs on all new USTs.
- Require post-installation tank and line tightness testing (0.1gph) to be conducted by a third party and in accordance with NWGLDE and method certification requirements.
- Establish a section for marinas (require new marina systems to comply with PEI RP 1000-2009).
- Clarify that if either wall of a double walled system fails, the tank must be repaired and recertified or replaced.
- Establish a maximum throughput allowance for statistical inventory reconciliation (SIR) based on the third party testing and NWGLDE listing.
- Should we lower the high-throughput threshold from 800,000 gallons/month?
- Require ATG owners to maintain batter backup system, if available, or upload data to a computer system.
- Prohibit “re-repair” of a spill basin (only allowing manufacturer-constructed retrofits or upgrades).
- Metal piping that is not adequately protected from corrosion for more than 90 days must be replaced or closed.
- Interior lining work must be conducted by a NACE International or International Code Council (ICC) certified technician.
- Interior lining inspections must include photo or video documentation.
- Incorporate the new UL 1856 standard into the regulations.
- Waive the 5 year internal inspection for double walled interior linings that are continuously monitored interstitially.
- Revisit the “tank within a tank” system to determine applicability under our regs.
- New USTs installed after July 1, 2017, must be double-walled.
- After July 1, 2017, new piping, or when 50 percent of a piping system is replaced, must be double-walled.
- Require interstitial space (the space between two walls of a tank or piping) be monitored in double-walled systems installed after July 1, 2017.
Proposed EPA Regulations
- Regulation of previously deferred or exempted tanks- field constructed (e.g. concrete) tanks, airport fueling systems.
- Regular testing of spill basins and containment sumps (sump testing only on new systems installed after July 1, 2017).
- Testing of overfill prevention equipment.
- Routine testing of all release detection equipment- line leak detectors, ATG probes, sump sensors.
- Elimination of vapor and groundwater monitoring in five years.
- Required “self-inspections”- log regular walk-through checks of all equipment, tank top areas, and dispensers.
- Prohibit the use of groundwater monitoring as a leak detection method after Jan. 1, 2016.
- Prohibit the use of vapor monitoring as a leak detection method after Jan. 1, 2016, except when using a chemical marker program.
Note: These changes are simply proposed. They are not yet final and, as such, may be changed or withdrawn. The frequency of proposed inspection, maintenance and testing requirements is subject to change.
For more information, please visit EPA’s webpage on their proposed changes
UST Operator Training in Missouri
The Petroleum Storage Tank Insurance Fund Board of Trustees has created an on-line operator training program, which includes a “test only” option. This program is free to Missouri operators. The Fund has also promulgated regulations to enact the operator training program. While Missouri did not meet the Aug. 8, 2012, deadline to have operators trained, Missouri has state program approval, and has been communicating with the EPA on this matter. Therefore, Missouri operators will be expected to comply with the Missouri requirements and deadlines.
The Missouri operator training regulations:
- Require qualified Class A/B Operator for all in-use facilities by July 1, 2016.
- Require Class C Operators must be trained or pass a test no later than July 1, 2016.
- Accept operator certifications from adjacent states (except Nebraska).
- Require retraining when the Department determines a significant operational compliance violation (defined by EPA) has occurred.
Regulations and Training available now on-line: http://www.pstif.org/ust_operator_training.html
For more information about UST compliance requirements, visit the Tanks and Compliance Unit Web page.
Note: The Missouri Risk-Based Corrective Action (MRBCA) regulations for underground storage tanks were not part of this rulemaking process.