1. Petroleum Storage Tanks – Program Updates
Becky Costigan
Small Business and Local Government Assistance

2. Agenda UST Regulations Overview State Program Approval (SPA)
2015 Federal Rule Changes
Rule Making Process and Progress

3. EPA 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
4/2012-9/2014: Comments Considered, Final Regulations Drafted
4/30/15: OMB Interagency Review Completed
6/2015: Publish to Federal Register
may want to add date for state rules being submitted to EPA for SPA.

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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.

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

11. 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

12. 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

13. 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

14. 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.

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

16. 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
Keep records during the entire time the tank has this type of regulated substance

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

18. Federal Rule Changes: Vapor and Groundwater Monitoring
Allows continued use of Vapor and Groundwater monitoring
Maintain site assessment

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

20. Texas UST Rulemaking Process
TCEQ Rulemaking Process
Public Participation

21. 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
-Stakeholder meeting is May 23, 2017
-Rule drafting will start June 2017
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.

22. 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
Comment Period:
After draft proposal, the comment period begins to receive official input from stakeholders and public. This 30 day comment period is set to start on October,
The Agency will also hold a public hearing to request comments. This is set for the week of November 6, 2017.
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
The last step is for the Commission to adopt the final rule. This should be around Mid-March The effective date will be 20 calendar days after the adoption is filed with the Texas Register.
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.

23. Texas UST Rulemaking Process
TCEQ encourages participation in the rules process
Provide input when rules are open for comments
May Stakeholder meeting should be scheduled May 23, 2017
Comments due by June 2, 2017
Agenda for adoption scheduled March 2018
See handout (GI-418)
Other useful info:  As I understand the process, after adoption we have a period of time to actually implement the rule changes.  Right now, for most situations where facilities would have to begin doing something new that they weren’t required to do before (new rules), we’re proposing a January 1, 2020 date when they’d have to begin doing this new thing.  This date is written into the rule text in those places.  For rule changes and modifications, they become effective when the rules published in the register.
TCEQ Overview & Timeline
1/2017 thru 5/2017 Texas drafting rules
5/2017 Publish notice for stakeholder meeting
5/2017 Stakeholder meeting
6/2017 Comments due and the program drafts the rule
6/14/2017 Sends completed rule, preamble, and draft information to Budget and Planning
6/28/2017 Prepare Executive Summary
9/01/2017 Send to Chief Clerk’s Office
10/06/2017 Published with Texas Register and 30 day comment period begins
11/6/2017 Public Hearing
11/6/2017 Comment period closes
11/ /2018 Program responds and incorporates comments and sends final documents for review
03/2018 Agenda for adoption by the Commission
Effective data – 20 calendar days after filing

24. Small Business and Local Government Assistance
Questions?
Becky Costigan
Small Business and Local Government Assistance