2007 EPA Region 4 – Department of Defense – States Environmental Conference June 21, 2007 Atlanta, Georgia

Underground Storage Tank Compliance Act of 2005 How Will Provisions of The Act Affect the Operation of DOD Facilities?

Energy Policy Act of 2005 Domenici-Barton Energy Policy Act of 2005 Signed into law by President Bush on August 8, 2005 Subtitle B – Underground Storage Tank Compliance Act

Short Summary Waiver of Sovereign Immunity Self Reporting Inspections Underground Storage Tank Compliance Act (the Act) substantially changes the underground storage tank program. Some of major changes affecting Federal agencies include: Waiver of Sovereign Immunity Self Reporting Inspections Operator Training Requirements Delivery Prohibition

Structure of the ACT The Act imposes requirements on EPA, other federal agencies, and any state receiving funding under Subtitle I of RCRA.

Structure of the ACT Almost every state UST program receives funding from EPA in the form of: Leaking Underground Storage Tank (LUST) grants (cooperative agreements) for the purpose of site remediation. ~ $1.4 million UST Regulatory (UST) grants to supplement the continued operation of a viable UST program. ~ $190K

Complications of the ACT In order to continue receiving EPA funding, the states must use the developed “grant” guidelines to develop rules and/or regulations to meet the requirements of Act. States cannot be less stringent than the federal UST regulations (40 CFR 281.10 (b)), but……………………..

Complications of the ACT Now they will become more stringent than the federal UST rule. What does this mean? Some state legislatures will have a difficult time passing more stringent rules. Some states will refuse grant money.* States will lose grant money if rules and regulations are not implemented by the mandated deadlines *Florida

Complications of the ACT What does this mean? In Region 4, there is the potential for 8 different sets of UST rules/regulations that major owner/operators will have to be aware of and follow. Remember this!!! EPA will not have any enforcement over the new UST regulations, only state grant provisions.

Requirements of the ACT Federal facility compliance report to Congress – August 8, 2006 Secondary containment – “implement” by February 8, 2007 Delivery prohibition – “implement” by August 8, 2007 Operator training – EPA guidelines by August 8, 2007 (implemented no later than August 8, 2009

3-Year Inspection Cycle Regular inspections – every 3 years or less 1st cycle completed by August 8, 2010

Common Observed Problems Product levels too low for monthly ATG “leak tests” – no leak detection Spill bucket integrity

Common Observed Problems Containment areas contain water or regulated substances

Common Observed Problems Piping release detection devices not tested (monitored) as required

Operator Training Training requirements: 3 tiers of operators; A, B, & C (daily on-site) State certified operator training, or an equivalent training program recognized by the state (DOD?) Remedial/repeat training for operators when the UST system is deemed out of compliance by the state.

Delivery Prohibition Delivery restrictions August 8, 2007

Delivery Prohibition Elements: A state will have the authority to prohibit delivery of product to an UST system for both equipment and operational violations.

Delivery Prohibition Elements: State discretion as to “best interest of the public” Ability to impose civil penalties on both those who deliver and receive product to prohibited USTs

Delivery Prohibition Elements: Mandatory conditions (violations): Spill & overfill prevention equipment Release detection equipment Corrosion protection equipment Failure to correct other violations in a timely manner State specific conditions

Secondary Containment February 8, 2007

Secondary Containment Elements: New or replaced tanks and piping within 1,000 feet of an existing community water system or existing potable drinking water well must be secondarily contained (includes interstitial monitoring).

Secondary Containment Elements: New dispenser systems within 1,000 feet of an existing community water system or existing potable drinking water well must have under dispenser spill containment.

Secondary Containment Elements: This requirement does not apply to repairs meant to restore a tank, pipe, or dispenser to operating condition.

Secondary Containment Elements: Under-dispenser containment Liquid tight Compatible with conveyed product Provide for visual inspection and access to components What is secondary containment? Meets the requirements of 40 CFR 280.43(g)

Secondary Containment Issues: State verification process of 1,000’ radius Most states will opt for “across the board” secondary containment regardless of location.

Remember this????????? “In Region 4, there is the potential for 8 different sets of UST rules/regulations that major owner/operators will have to be aware of and follow.” As an agency comprised of some of the major UST owner/operators in Region 4 and the nation, DOD, THIS MEANS YOU!

Proposed Major Owner/States/EPA Workgroup Goal: Meet with large UST owners in the Region, on a sub-regional (several states) level to discuss similar views on operator training requirements. Many organizations have developed and implemented in-house training programs that may dovetail into programs the states will be developing.

Proposed Major Owner/States/EPA Workgroup Goal: Discussion of the implementation and overall use of delivery prohibition at facilities found to be out of compliance. Eliminate where at all possible multiple variations of regulations affecting large UST owners with facilities in several states.

Contact & Questions Bill Truman EPA, Region 4 GWDWB-15 AFC, 61 Forsyth St., SW Atlanta, Georgia 30303-8960 truman.bill@epa.gov (404) 562-9457

EPA Contact Information Melanie Garvey EPA Federal Facilities Enforcement Office 202-564-2579 garvey.melanie@epa.gov Steven McNeely EPA Office of Underground Storage Tanks 703/603-7164 mcneely.steven@epa.gov