1. 2007 EPA Region 4 – Department of Defense – States Environmental Conference
June 21, 2007
Atlanta, Georgia

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

3. 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

4. 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

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

6. 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

7. 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 (b)), but……………………..

8. 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

9. 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.

10. 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

11. 3-Year Inspection Cycle
Regular inspections – every 3 years or less
1st cycle completed by August 8, 2010

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

13. Common Observed Problems
Containment areas contain water or regulated substances

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

15. 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.

16. Delivery Prohibition
Delivery restrictions
August 8, 2007

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

18. 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

19. 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

20. Secondary Containment
February 8, 2007

21. 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).

22. 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.

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

24. 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 (g)

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

26. 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!

27. 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.

28. 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.

29. Contact & Questions Bill Truman EPA, Region 4 GWDWB-15
AFC, 61 Forsyth St., SW
Atlanta, Georgia
(404)

30. EPA Contact Information
Melanie Garvey
EPA Federal Facilities Enforcement Office
Steven McNeely
EPA Office of Underground Storage Tanks
703/