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The New UST Regulations have been Published

Picture of Melanie Nelson holding the new UST regs published in the Federal Register July 15 2015

The Implementation Timeline is now Ticking for the new Underground Storage Tank Regulations

The EPA’s Revisions to 40 CFR Parts 280 and 281 have been published in the Federal Register today – July 15, 2015

The Final Rule – Revising Underground Storage Tank Regulations—Revisions to Existing Requirements and New Requirements for Secondary Containment and Operator Training – was Published today in the Federal Register / Vol. 80, No. 135.

This rule is effective October 13, 2015.

Wondering how this may affect you, your company or your regulating authority? That depends on where in the country you are located. Owners and operators in states that already has state program approval (SPA), will keep operating under their current regulations for now – those states have three years to reapply in order to retain their SPA status. Owners and operators in the 16 non-SPA states and territories must meet the federal requirements – the implementation schedule in the 2015 UST regulations (and of course follow their state requirements). Here is a breakdown of the implementation times:

Required Immediately

  • Elimination of ball floats/flow restrictors in vent lines as standalone overfill prevention
  • Close tanks using internal lining as the sole method of corrosion protection when the lining fails
  • 30 day Notification of UST Ownership Change
  • Proof of compatibility of UST and product when storing >10% ethanol or >20% biodiesel
  • Testing 30 Days after Repairs to spill or overfill equipment and secondary containment areas

Required in 180 days

  • Secondary Containment

Required in three years

  • Operator Training
  • 30-Day Walkthrough Inspections
  • Annual Inspections of Containment Sumps and Hand Held Release Detection equipment
  • Spill Prevention Testing
  • Overfill Prevention Equipment Inspection
  • Containment Sumps used for Piping interstitial monitoring
  • Emergency Generators require release detection
  • State programs have to be re-approved

Here is the Summary, and you can find additional information in the blog links below.

The Environmental Protection Agency (EPA or the Agency) is making certain revisions to the 1988 underground storage tank (UST) regulation and to the 1988 state program approval (SPA) regulation. These changes establish Federal requirements that are similar to key portions of the Energy Policy Act of 2005 (EPAct); they also update the 1988 UST and SPA regulations. Changes to the regulations include: Adding secondary containment requirements for new and replaced tanks and piping; adding operator training requirements; adding periodic operation and  maintenance requirements for UST systems; addressing UST systems deferred in the 1988 UST regulation; adding new release prevention and detection technologies; updating codes of practice; making editorial corrections and technical amendments; and updating state program approval requirements to incorporate these new changes. EPA thinks these changes will protect human health and the environment by reducing the number of releases to the environment and quickly detecting releases, if they occur.

Contact us with questions you have about the new regulations and how they’ll affect you/your company. We have over 50 years experience with fueling systems – USTs, ASTs and piping and have a good understanding of how the regulations will be implemented and what that means to the UST owner/operators.

Previous TAIT Blogs about the New Regs