TCEQ’s PST Rulemaking: Adopted Rule Changes TCEQ Office of Compliance and Enforcement Cynthia Gandee Lonnie Gilley

TCEQ’s PST Rules Covers nearly 20,000 facilities Title 30 of the Texas Administrative Code (TAC), Chapter 334 Last minor update in 2012 Title 40 of the Code of Federal Regulations (CFR), Part 280 Last major update for federal rules was 1988

Texas UST Rulemaking Process Stakeholder Meeting 5/23 – 6/2/17: Receive input from stakeholders Proposal 11/15/17: Rule language proposed Public Comment Period 12/01/17 – 1/9/18: 30 day comment period extended for holidays Adoption 05/09/18: TCEQ adopts final rules 05/31/18: Rules become effective TCEQ held stakeholder meeting in May 2017, proposed rule language over the summer of 2017, and published the proposed rule language in Texas Register in November 2017. The public was given an opportunity to comment around the holidays and over 100 comments were received. Draft rule language was proposed before our Commissioners at a hearing on May 9th, 2018 where the rules were adopted. The rules will be published on May 25th and will become effective on the 31st.

Rulemaking Timeline Overview & Timeline 5/23/17: TCEQ stakeholder meeting 5/23/17 - 6/02/17: Stakeholder comment period 11/15/17: Proposal to Commissioners 12/01/17: Proposed rules published in Texas Register 12/01/17 – 01/09/18: Public comment period 01/09/18: TCEQ formal public hearing 05/09/18: Adoption to Commissioners 05/25/18: Rules published in Texas Register

2015 UST Regulation Updated the 1988 UST Regulation and incorporated key portions of the EPAct of 2005 Altered 40 CFR part 280 Published to Federal Register in July 2015 Effective in 16 states without State Program Approval (SPA) and Indian country Texas will reapply for SPA by October 2018 SPA = State Program Approval which means the state runs its own PST program with funding from EPA. Otherwise, EPA is responsible for compliance and enforcement.

Incorporating UST Regulations in Texas Included many provisions and requirements that Texas already met or exceeded including: Operator training Secondary containment Removed deferrals for emergency power generators, Airport Hydrant Systems and Field Constructed Tanks Notification requirements

Effective Dates Most rules become effective on 05/31/18 Some rules have delayed implementation dates EPA allowed delayed implementation when they implemented the federal rules. TCEQ has built in similar delayed implementation dates into the Texas rules.

Delayed implementation 1/1/2021 - Annual testing for release detection equipment (ATG, probes, sensors, vacuum pumps/pressure gauges, groundwater/vapor monitoring equipment) 1/1/2021 – Testing of spill bucket and containment sumps and inspection of overfill prevention equipment every 3 years at facilities installed before 9/1/2018 1/1/2021 – Periodic operation and maintenance walkthrough inspections 9/1/2018 – Interstitial monitoring is a mandatory primary form of RD for tanks installed on or after 1/1/2009 9/1/2018 – Flow restrictor devices no longer allowed when overfill prevention installed or repaired on or after 9/1/2018 Facilities installed after 9/1/18 must comply with sump & spill bucket testing and overfill prevention inspection regulations immediately.

Stakeholder Input May 2017 Delayed implementation of certain sections 3-year hydrostatic testing of sumps Disposal Reuse Required liquid levels Revision of operator training courses Updated operator training deadlines

Stakeholder Input May 2017 3-year hydrostatic testing of sumps Disposal – amendments proposed for TPDES GP to allow for land application, given best management practices are followed (public comment estimated March 2018) Reuse - allowed Required liquid levels – added low liquid level testing method for containment sumps to reduce volume of water for disposing

Public Comments December/January 2018 Received 100+ comments TCEQ reviewed and responded to each comment Many of the comments were out of scope or were regarding sections of the rules which were not open Comments and TCEQ’s response to comments will be published with the rule package TCEQ made changes based on some comments New definitions Clarifications of rules, dates, and terminology

Public Comments December/January 2018 Some of the changes made: Added periodic inspection of lined tanks (every 10 years) Clarified terminology Delayed operator training deadline to 01/01/2020

Texas Rule Changes

Walkthrough Inspections 30 TAC §334.48(h) Current Draft Rules Old regulations in 334.42(i) were end-dated: 60 day sump & spill bucket inspection Every 30 days : Spill and overfill equipment Release detection equipment Annually: Containment sumps after 2009 (and all sumps used for interstitial monitoring)– liquid tight Containment sumps before 2009 – not required to remove water Sump Turbine Pumps (STP) and Under Dispenser Containment (UDC) not in sumps Hand held release detection We’re replacing our old regulations in 334.42(i) with the new walkthrough inspections section in 334.48.  EPA has required that all containment sumps be inspected annually and liquid/debris removed.  This requires that sumps which were never meant to be water tight are now being required to be water tight, which will require a lot of replacement and expense.  TCEQ worked with LDEQ on this rule and has obtained allowance from EPA to separate the containment sumps into three categories with descending stringency.  Containment sumps installed prior to 2009 and which are not used for interstitial monitoring are not required to have the liquid removed from them during annual inspection.  The liquid can remain if the equipment is cathodically protected.

Walkthrough Inspections 30 TAC §334.48(h) Current Draft Rules Removal and disposal of liquids/debris Within 96 hours of alert or discovery Liquids/debris must be removed within 96 hours Waste must be properly disposed according to regulations Previously, facilities were required to dispose of liquid and debris within 96 hours. This is not feasible as it required facilities to dispose of very small amounts of waste immediately. The new rule requires that liquid/debris be removed within 96 hours, but facilities may accumulate the waste material onsite per the waste rules and properly dispose of it on a more convenient and cost effective schedule.

Periodic Testing: Spill Prevention Equipment 30 TAC §334.48(g) Applies to spill prevention equipment used for interstitial monitoring, including spill buckets or other containment devices, and containment sumps Current Draft Rules Not required Must meet one of the following: Tightness testing required: Every 3 years Vacuum, pressure, or liquid testing Double-walled equipment may opt to periodically monitor Every 30 days In order to meet the new spill prevention equipment testing rules, facilities have several options.  Double walled equipment which is periodically monitored at least every 30 days can meet this requirement.  Other equipment must be subjected to a tightness test every three years.  The facility may choose between vacuum, pressure, or liquid (hydrostatic) testing. 

Periodic Testing: Overfill Prevention Equipment 30 TAC §334.48(g) Current Draft Rules Not required Inspect every 3 years to ensure: Equipment is set to activate at the correct level Activation occurs Overfill prevention equipment such as flappers and ball floats must now be tested every three years.

Release Detection Testing 30 TAC §334.48(e) Current Draft Rules Not required Test annually Includes: Automatic Tank Gauge Automatic Line/Leak Detector Probes & sensors Vacuum pumps & pressure gauges Hand-held electronic sampling equipment Release detection equipment is now required to be tested annually. TCEQ has essentially adopted EPA’s regulation here without any significant changes.

Release Detection 30 TAC §334.50 Current Draft Rules Monitoring period for release detection: Monthly (not to exceed 35 days) 30 days Revised language in 334.50 to better organize which rules applied to tanks/piping installed before/after Jan. 1, 2009 EPA has always required 30 days. Our rules previously allowed monthly (35) but EPA required us to change this. In addition, the language in 334.50 was cleaned up somewhat to make it more apparent which rules applied to which tank installation date. This should make it easier for the public to understand which rules apply.

Release Detection 30 TAC §334.50(d) Current Draft Rules Emergency generator tanks may use Automatic Tank Gauge (ATG) as a sole method of release detection Used oil tanks will have same exemption as emergency generator tanks Automatic Tank Gauge (ATG) must be capable of conducting a 30-day water check New EPA regulations removed a previous deferral and now require emergency generators to have two methods of release detection. TCEQ has always had an exemption built in for emergency generator systems which allows only one method (ATG) to be used for release detection. TCEQ will keep this exemption in place and will also add used oil tanks to the exemption allowing additional flexibility to stay in compliance with release detection rules. Our exemption was put in place because emergency generators and used oil tanks typically don’t have dispensers, which makes achieving a second method of release detection difficult because the facility can’t easily measure the tank throughput.

Release Detection 30 TAC §34.50(b) & (c) Current Draft Rules Interstitial monitoring is required to be conducted as a method of RD on UST systems installed after 01/01/2009, but may be conducted as a secondary method for compliance Interstitial monitoring is now required to be conducted as the primary method of RD on UST systems installed after 01/01/2009 I.M. was required after 01/01/09, but TCEQ didn’t enforce that it be used as the primary method of compliance. So, some facilities would use other methods of release detection as their “primary” method and would submit records to TCEQ investigators using those methods. The rule change requires that IM records be used for RD compliance purposes, such as Energy Act inspections.

Release Reporting 30 TAC §334.72 Current Draft Rules Existing release reporting rules Added release rules to include: secondary containment Interstitial monitoring As interstitial monitoring becomes used more widely, it is important to ensure the regulation is clear on all aspects of its use. This change provides clarity about reporting, response, and testing for interstitial alarms.

Flow Restrictors 30 TAC §334.51(b) Current Draft Rules Flow restrictors are currently allowed Flow restrictors (ball floats) may no longer be installed on new or replacement systems The EPA has determined this technology has several inherent weaknesses and can result in tanks being over pressurized. This change eliminates flow restrictors in vent lines as an option for overfill protection in new and replaced systems. TCEQ has adopted this.

Repairs 30 TAC §334.52(d) Not required Current Draft Rules Not required Test within 30 days of repairs to: spill and overfill secondary containment Testing repairs is not currently required, but another EPA rule that TCEQ has adopted.

Fee on Delivery 30 TAC §334.19(a) House Bill (HB) 7 bill in the 84th Legislature amended the Texas Water Code 26.3574(b-1) The bill requires the TCEQ to adjust the petroleum product delivery fee rates ( results in 37% reduction in fees) Current Draft Rules Previous fee schedule New fee schedule (results in lower fees) House Bill 7 in the 84th legislature amended TWC Chapter 26. The change in TWC requires the TCEQ to adjust the petroleum product delivery fee rates to collect revenue in amounts not to exceed appropriations, less any amounts used for monitoring and remediation of releases occurring on or before Dec. 22, 1998. As a result, the rule change will reflect the fee reduction changes that were implemented in 2015 through the Texas Register and the Texas Comptroller’s rules.

Oil Water Separators 30 TAC § 334.4 Current Draft Rules Owners/operators of oil water separators must be trained, use a registered UST contractor/licensed supervisor for installation and removal Removed requirements Previously OWS had to get operator training and use registered UST contractor/licensed supervisor.

E10+ and B20+ 30 TAC §§334.6(b)(1)(A)(ix) & 334.7(d)(1)(C) Current Adopted Rules No current requirement to notify agency of switching to E10+ and B20+ Submit a 30 day notification to agency prior to switching to E10+ and B20+ Submit a registration form to agency within 30 days after switching to E10+ and B20+ Notification is now required at least 30 days BEFORE switching, and a UST registration form is required to be submitted within 30 days AFTER switching.

Accessing the New Rules Rules will be published in Texas Register on 05/25/2018 Prior to publishing, the adoption language is available on the TCEQ website: https://www.tceq.texas.gov/rules/adopt.html Reference Rule Project Number 2016-019-334-CE.  Notification is now required at least 30 days BEFORE switching, and a UST registration form is required to be submitted within 30 days AFTER switching.

Cynthia Gandee (512) 239-0179 Cynthia.gandee@tceq.texas.gov Lonnie Gilley (817) 588-5841 Lonnie.Gilley@tceq.texas.gov