1. Compliance Assistance Specialist
Common Questions & Answers about the New PST Rules Complying with the new PST rules 2019 Environmental Trade Fair
Rebekah Stanush
Compliance Assistance Specialist
Austin Central Office
Danielle Cochran
Technical Specialist
DFW Regional Office
This presentation will cover some of the common questions and answers regarding the new PST rules.

2. New EPA PST Rules 2015 Federal UST Regulations
2018 Texas UST Regulations
Texas adoption of new rules on May 31, 2018
This rulemaking incorporated the 2015 Federal UST Regulations into the Texas Administrative Code (Title 30, Chapter 334). New rules became effective on May 31, 2018.
These new rules require UST systems to be maintained in a manner that will prevent releases and minimize impacts to human health and the environment. The EPA estimates that as of 2015, more than 525,000 UST releases have been confirmed in the United States. Regular maintenance is important because it helps ensure timely repair or replacement of components when problems are identified, and helps reduce releases to the environment.
On the next slide, we will discuss why Texas had more time to comply with these EPA rules.

3. 2015 UST Federal Regulations
EPA updated the 1988 Regulations
Published in Federal Register July 2015
Effective in states without SPA
Texas has State Program Approval (SPA)
All states with SPA had 3 years to incorporate the federal rule changes
The EPA rules became effective in 16 states without State Program Approval (SPA) and Indian country; at that time they were not yet adopted in Texas. Since Texas has the SPA agreement, we had a delayed implementation deadline for these new rules. To reapply for the SPA agreement, Texas needed to adopt their rules prior to October 2018 deadline to keep the SPA agreement with EPA.

4. PST Rulemaking Process
Public Comment period was Dec. 1, 2017 to Jan. 9, 2018
Proposed rules went to Commissioner’s Agenda:
May 9, 2018
Rules became effective on May 31, 2018

5. Changes to Texas UST Regulations
Walkthrough Inspections
Periodic Testing
Periodic Inspections
Annual Testing
Release Detection every 30 days
Flow Restrictors
Repairs
Used Oil Tanks
E10+ and B20+
Operator Training
Here is an overview of the requirements that were affected by the new rules.

6. Common Questions & Answers About the New PST Rules ???

7. What equipment are you required to inspect in the 30-day walkthrough inspections?

8. Answer
30-day walkthrough inspections required for release detection equipment
Ensure equipment is operating with no alarms or unusual conditions (erratic behavior, sudden product loss, water in tank)
Review release detection records including inventory control, if applicable

9. Answer (continued)
30-day walkthrough inspections required for spill prevention equipment
Includes any spill containment device located around fill risers (or remote fill risers)
Rule support: 30 TAC (h)(1)(A)

10. What is the implementation date for 30-day walkthrough inspections?

11. Answer
First 30-day walkthrough inspections required by January 1, for all facilities
Can begin walkthrough inspections now
Currently, 60-day inspection requirements apply for spill prevention equipment
Keep records for 5 years
Rule support: (i) and (h)

12. Are containment sumps included in the spill prevention equipment category? That is, must they be included in the 30-day walkthrough inspections?

13. Answer
No. Containment sumps do not require 30-day walkthrough inspections and are not typically included in the spill prevention equipment category.
Spill prevention equipment refers to spill buckets, catchment basins or other spill containment devices
Rule Support: 30 TAC (h)
A few facilities do utilize the containment sump as their spill containment for fuel deliveries (ex: emergency generators).

14. What inspection requirements apply to containment sumps?

15. Answer Walkthrough inspections for sumps Required annually
Sumps installed prior to January 1, 2009
Check for damage, releases, debris
Remove debris within 96 hours
Check cathodic protection (if applicable)

16. Answer (continued) Sumps installed on or after Jan. 1, 2009
Containment Sumps with Interstitial Monitoring (IM)
Remove liquid (sumps should be liquid tight)
Check for damage, releases, debris, liquid
Remove debris and liquid within 96 hours
Check cathodic protection (if applicable)
Rule support: (i) and (d)(1)(E)(iv)
Containment sumps installed on or after Jan. 1, 2009 (and all sumps used for interstitial monitoring) are required to be liquid tight.
Check for damage, leaks to containment area, releases, and leaks in interstitial area (if applicable).
Remove liquid* and debris within 96 hours and dispose of properly.
Check for releases, presence of cathodic protection (if contains water that contacts metal components that routinely contain product).
*Not required to remove liquid from sumps (such as the submersible turbine (STP) sump and under dispenser containment (UDC)) during annual inspection if the equipment is cathodically protected, or if the sump is uncontained or installed before 1/1/2009.
For areas with submersible turbine pumps and under-dispenser areas that do not have containment sumps:
Check for damage, releases, presence of cathodic protection (if water, soil, or backfill contacts metal components that routinely contain product).
Remove any debris.

17. Do passing release detection results really have to be obtained every 30 days?

18. Answer
Yes. Federal rules (40 CFR 281) require release detection to be conducted at least every 30 days.
Required to obtain State Program Approval
Texas rules must be equally or more stringent than the federal rules
Inventory control must be reconciled at least every 30 days
Rule support: 30 TAC (b)

19. How is statistical inventory reconciliation (SIR) conducted with the new 30-day release detection requirement?

20. Answer Conduct SIR monitoring at least every 30 days
Receive SIR report within 15 calendar days following the last 30-day monitoring period

21. Answer (continued)
SIR provider must have Third Party Certification showing their method meets rule requirements
National Work Group on Leak Detection Evaluations
Report and investigate failing and inconclusive results according to suspected release reporting requirements

22. How is inventory control (IC) reconciliation conducted with the new 30-day release detection requirement?

23. Answer Reconcile inventory control at least every 30 days
No longer monthly
Use 30-day inventory control spreadsheets for non-blended and blended fuel systems
PST Compliance Resources Webpage

24. Compliance Resources EPA Guidance
Access to New Rules and Updates
New Rules Summary
Updated Texas UST Compliance Notebook
Updates to the PST Super Guide
-EPA Guidance
-Access to New Rules and Updates
-Updated Rules Summary basically if you don’t want to skim through a four hundred something page document for each specific rule change you can pick up a copy of our updated rules summary or online at our compliance resources page.
-We have just completed the update to our UST Compliance Notebook reflecting the rule changes. For those that don’t know this Compliance Notebook is a resource designed to help organize the record keeping documents for your USTs. It is divided into sections for things like your 30-day release detection documents, a section for your insurance or other financial assurance documents, and a section for your spill and overfill inspection documents. We have gone through and updated all the sections to reflect the changes and added some new resources like a form that can be used for the annual sump/hand held equipment walkthrough requirements.
-We are currently working on an update to our Petroleum Storage Tank Super Guide and while we have completed the revision we are waiting on the final approval of the changes before publishing. For anyone who does not know our super guide goes over all of the requirements for petroleum storage tanks but explains them in plain language instead of legal language located in 30 TAC which can be confusing.
-We have also updated our excel spreadsheets to represent the change to 30 days. We have also just recently added a blended 30 day worksheet for any facilities that blend their midgrade.

25. EPA Guidance
Operating And Maintaining Underground Storage Tank Systems- Practical Help And Checklists (EPA 510-K , 2/2016)
Page 54: Sample Walkthrough Inspection Checklist
Page 32: Checklist For Spill Buckets
Page 33: Sample Recordkeeping Form For Liquid Tightness Tests For Spill Buckets And Containment Sumps (For Use By A Qualified Tester)
Page 36: Checklist For Automatic Shutoff Devices
Page 38: Checklist For Overfill Alarms
Page 40: Checklist For Ball Float Valves
Page 42: Sample Recordkeeping Form For Overfill Equipment Inspections (For Use By A Qualified Inspector)
Page 10: Sample Annual Release Detection Testing Recordkeeping Form
EPA guidance available online:
Note: this is not an inclusive list of all the checklists available; there are more checklists in the EPA guidance.
Disclaimer: use caution when using this EPA guidance because it is based on the Federal rules; TCEQ’s rules must be at least as stringent, but the agency’s rules can be more stringent than the federal rules.

26. Access New Rules & Get Updates
Rule changes with section by section edits at:
Sign Up for Updates:
If you want to see the actual changes to the administrative code at 30 TAC 334, you can go to this link and it will have the old language with the removed language under the new rules crossed out and new language highlighted in yellow.
You can sign up for updates on specific topics (i.e. Petroleum Storage Tank Rules), or you can subscribe for The Advocate which includes rule updates for all media.

27. Technical Assistance SBLGA Hotline: 800-447-2827
Regional Compliance Assistance Specialists
TexasEnviroHelp.org
If you feel that you need additional technical support on understanding how these rule changes apply to your facility you can call our compliance assistance hotline at Monday-Friday from 8-12am or 1-5pm to speak to one of our compliance assistance specialists or outside these hours just leave your contact information in the voic and one of our specialists will contact you.
You can also contact the compliance assistance specialist specific to your region by going to the listed link and looking up your regional contact by your particular county.
Lastly you can log on to texasenvirohelp.org. This webpage has lots of good information that’s multi-media (it pertains to Air Quality, Water Quality, and Waste regulations.

28. Compliance Assistance Specialist
Thank You!
Rebekah Stanush
Compliance Assistance Specialist
Austin Central Office
Danielle Cochran
Technical Specialist
DFW Regional Office