1. Underground Storage Tanks New Federal 2015 Requirements
Nathan Weiss
Becky Costigan
PST and Dry Cleaner Registration Team Leader
Small Business and Local Government Assistance

2. Agenda Operator Training Update UST Regulations Overview
State Program Approval (SPA)
2015 Federal Rule Changes
Rule Making Process

3. A/B Operator Training
6 courses have been approved and can be found on TCEQ’s website
Initial training deadline was 8/8/12 in Texas
TCEQ tracks operator training compliance
About 75% compliance rate last year
After Bullet # 1 - I brought a few copies of the training providers. If you’d like one, please see me later.
Track operator training compliance through self-certification renewal

4. A/B Operator Training
Training lasts for three years, so….lots of facilities changed to non-compliant in summer of 2015
Contacted large owners via and phone and the compliance rate increased
After Bullet # 1 - Last summer, compliance rate dropped to 25%

5. A/B Operator Training
Registration is mailing letters to owners/operators who do not show to be in compliance
Best way to update information is to submit a Registration & Self-Certification form AND a current A/B Operator Training certificate
Many owners/operators have already renewed their A/B Operator Training Certificate, but some have called and said they took the class back in 2012 and want to know what the problem is.

6. UST Rules Overview Overview & Timeline
1988: EPA adopts initial rules requiring
Leak detection
Spill/overfill prevention
Cathodic protection
11/18/11: Draft Released for Comment
4/19/12: Comment Period Closed after Extension
4/12-9/14: Comments Considered, Final Regulations Drafted
4/30/15: OMB Interagency Review Completed
June 2015: Publish to Federal Register
I deleted the original requirements in may want to add date for state rules being submitted to EPA for SPA.

7. State Program Approval
Texas has State Program Approval (SPA) along with 38 other states
3 years to approve new regulations
Deadline is 10/13/2018
Owners and operators must continue to follow state requirements
40 CFR 281

8. Federal Rule Changes: Operator Training
Owners and operators must designate an A, B, and C operator for each facility
Retraining may be required for significant noncompliance
Keep list of operators available
Texas – required since 2012
Texas has required operator training since August 8th, The operator training rule became effective March 2011.
Operator training must renewed every 3 years. Operator training certificates should be submitted with the annual registration/self certification form

9. Federal Rule Changes: Secondary Containment
Required for new and replaced USTs
Required if replacing more than 50% of the piping or system
Texas - 35%
Under dispenser containment systems (UDC)
*UDC is required if moving the dispenser or replacing the entire dispenser.
UDC required in Texas since

10. Federal Rule Changes: Operation and Maintenance
Walk through inspections
Every 30 days
Spill and overfill equipment
Release detection equipment
(Texas – 60 day sump inspection, 60 day spill bucket inspection)
AND
Inspected annually
Containment sumps
Hand held release detection
30 TAC (d)
Texas: If used for release detection: Inspect Sumps, spill buckets, and UDCs visually once a year. Check for liquid and debris; check for damage, leaks, or releases

11. Federal Rule Changes: Operation and Maintenance
Liquid tightness test for spill bucket
Every 3 years OR
Double walled spill bucket
Periodic interstitial monitoring
Section IV B.2
This is not currently in Texas rules

12. Federal Rule Changes: Operation and Maintenance
Overfill inspections
Inspect every 3 years
Must be set at the appropriate height
And activate when the regulated substance reaches that height
Remove drop tubes to verify the valve is operations.
Verify that the float will activate the alarm.

13. Federal Rule Changes: Flow Restrictors
No more flow restrictors in vent lines when overfill prevention is installed or replaced
Overpressurized and ineffective/dangerous
Only need to replace ball floats if they are defective. Fed rules require no new ball float valves

14. Federal Rule Changes: Operation and Maintenance
Containment sumps used with piping interstitial monitoring
Tested every 3 years OR
Double walled containment sumps
Periodic interstitial monitoring
Section IV B.4

15. Federal Rule Changes: Operation and Maintenance
Release Detection Components
Test annually
Includes:
ATGs
Line leak detectors
Probes
Hand-held electronic sampling equipment
Last Bullet: associated with GW & Vapor monitoring

16. Federal Rule Changes: Deferrals
Emergency Generators must conduct release detection
Texas has required this since 1989
New subpart K with partial exclusion
Field-constructed tanks
Airport hydrant systems
Waste water tanks
Required to comply after October 2015.
Emergency:
Emergency generator tank systems installed on or before April 11, 2016, except for emergency generator tank systems with safe suction piping, when 50% or more of a single-walled piping run is removed, and other piping is installed, the entire piping run must be upgraded to double-walled pipe with interstitial monitoring. (Texas 35%)
Emergency generator tank systems installed after April 11, 2016, must be secondarily contained and meet release detection requirements by using interstitial monitoring (Texas since 2009)
No longer deferred; need to meet release detection and release reporting requirements (Texas already regulates Emergency tanks)
Airport hydrant fuel distribution systems must meet federal release reporting requirements, release detection requirements,
must submit a one-time notification of existence to the implementing agency at which time financial responsibility must be demonstrated.
Walkthrough inspections of airport hydrant fuels distribution systems must include inspection of hydrant pits for visual damage, leaks, and liquid or debris to be removed. In addition, hydrant piping vaults must be inspected for leaking pipes.
Field Constructed tanks:
Piping associated with field-constructed tanks less than or equal to 50,000 gallons must meet the secondary containment requirements when it becomes necessary to replace the existing piping. Must meet
release reporting requirements, release detection requirements.
Texas rules have treated wastewater treatment tanks this way since 1989

17. Federal Rule Changes: Internal Lining
No more internal lining as sole method for corrosion protection
This will not be an issue in Texas as we didn’t allow it in the 1989 UST rules.

18. Federal Rule Changes: Notification
Notify EPA:
Change of ownership
One time notification for:
Field constructed tanks
Airport hydrant tanks
Notify EPA or TCEQ or both?
Texas required notification of ownership changes in 1989

19. Federal Rule Changes: Compatibility
Notify 30 days prior to changing regulated substance if:
Greater than 10% ethanol
Greater than 20% biodiesel
Must demonstrate tank compatibility:
Accredited Lab testing
Equipment manufacturer
Keep records
Notify EPA or TCEQ or both?
Keep records during the entire time the tank has this type of regulated substance

20. Federal Rule Changes: Repairs
Test within 30 days of repairs to:
spill and overfill
secondary containment
Notify EPA or TCEQ or both?
A repair includes actions taken to restore equipment that has caused a release or is not operating properly

21. Federal Rule Changes: Vapor and Groundwater Monitoring
Allows continued use of Vapor and Groundwater monitoring
Maintain site assessment
Notify EPA or TCEQ or both?

22. Federal Rule Changes: Release Reporting
Interstitial alarms
Secondary containment testing for tanks and piping for release investigation and confirmation
Notify EPA or TCEQ or both?
Closure is an option if system test confirms a leak
Transitioning to Rulemaking process

23. Texas UST Rulemaking Process
TCEQ Rulemaking Process
Public Participation

24. Texas UST Rulemaking Process
Proposed Draft
Staff proposes to open rule chapter and begins drafting rules
Stakeholder Meeting
Agency may schedule an initial stakeholder meeting to request input
Rules not proposed yet, but can discuss federal rule changes and stakeholder concerns
Draft Review
Agency proposes draft rules for review
Proposed Draft – Staff proposes to open rule chapter and begins drafting rules. Stakeholder meeting – Agency may schedule an initial stakeholder meeting to request input and rules not yet proposed but can discuss federal rule changes and stakeholder concerns. Draft Review – Agency proposes draft rules for review.

25. Texas UST Rulemaking Process
Comment Period
Comment period to receive official input from stakeholders and public
Final Rule Proposed
Final rule language proposed
Commission Adoption
Commission adopts final rules
Proposed Draft: After proposal, comment period begins to receive official input from stakeholders and public
Agency typically holds a public hearing to request comments
Agency staff cannot answer questions or comment during hearing, but can informally answer questions before and after hearing
Comments:
Staff will review comments and may make changes based on comments received during comment period
Commission adopts final rule; Federal requirements must be considered
Comment period allows the public to give official input on rules. TCEQ considers comments when drafting the final rule language. That rule is this proposed for adoption at the Commission agenda.

26. Texas UST Rulemaking Process
TCEQ encourages participation in the rules process
Provide input when rules are open for comments
Stakeholder meeting will be scheduled
Deadline for final UST rules October 2018
See handout (GI-418)

27. Questions? Nathan Weiss Becky Costigan
PST and Dry Cleaner Registration Team Leader
Small Business and Local Government Assistance