Tag: regulation updates
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The ADEM has delayed publishing their 30 day and annual walkthrough forms until the first week of December due to poor quarterly meeting turnout.
The updated legislation draft was published to the ADEM website during the ADEM conference last year, however there has been no update to the legislation.
We spoke to their offices directly for an update on Alabama’s walkthrough forms and proposed regulations which include delaying sump testing, overfill testing, and release detection or EPG tanks. According to their offices, there was low attendance at the previous ADEM quarterly meeting and the commission was unable to vote on the forms and proposed regulations. Therefore, the legislation approval was delayed.
However, there was another quarterly meeting with high-attendance in October and the commission was able to approve their annual walkthrough forms and proposed regulations. Due to Alabama’s mandated 45-day waiting period between approval of legislation and implementation, the regulations will not go into effect until the first week of December. Once the legislation is in effect, the documentation will be published to the general form list.
The general form list will be published to the ADEM website here.
Overview: The EPA has determined that the State of Utah’s UST program meets all requirements for the program’s approval and will go into effect on January 4th, 2019. The rule is subject to withdraw by the EPA prior to December 5, 2018 if implications arise.
The program approval by the EPA means that now all Utah UST systems must be ‘equivalent to, consistent with, and no less stringent than the federal UST program’. Because of the update to the EPA’s federal guidelines, states are required to revise their programs to comply with the federal guidelines and submit their revisions to the EPA for approval. This program approval does not impose additional requirements since these requirements were already in effect in Utah. However, it does make these regulations federally enforceable.
For a full list of questions and responses by the Government Publishing Office, click here.
For a full list of Utah state requirements, click here.
Alabama’s Department of Environmental Management (ADEM) has Proposed to Extend the Current October 13th Testing Requirements Deadline to 2020.
If the proposal is accepted, current UST owners and operators have ‘more time to prepare their equipment to meet these testing requirements and correction of typographical errors.’ You can find the proposal document summary here.
The ADEM’s Summary of Reasons Supporting the Adoption of the Proposed Amendments Chapter 335-6-16 Administrative Guidelines and Procedures for the Alabama Underground and Aboveground Storage Tank Trust Fund.
“A revision to ADEM Admin. Code Chapter 335-6-16 is being proposed to implement an adjustment to the Trust Fund scope of coverage as recommended by the Alabama Underground and Aboveground Storage Tank Trust Fund Management Board in accordance with the Alabama Underground and Aboveground Storage Tank Trust Fund Act, §§ 22-36-1 through 22-36-13, Code of Alabama 1975, as amended (2009 Regular Session). The Alabama Underground and Aboveground Storage Tank Trust Fund Management Board has recommended a change to the Trust Fund scope of coverage to ensure that necessary resources are available to perform required actions at sites impacted by releases of motor fuels. Adoption of the proposed changes will enable the Trust Fund to continue to fulfill its legislative mandate that adequate financial resources be readily available to provide for the expeditious supply of safe and potable water to affected persons and to provide a means for investigation and clean-up at contamination sites without delay. Without adequate resources, delays in response actions can result in the continuation and intensification of the threat to the public health, safety, and welfare, in greater damages to the environment, and in significantly higher costs to contain and remove the contamination. The proposed change is as follows: Rule 335-6-16-.09 “Scope of Tank Trust Fund Coverage” is being amended to increase the indemnification limit for a release from $1.5 million to $1.75 million per occurrence, less the applicable deductible.“
In other words, the ADEM has proposed a delay in order to ensure that the Trust Fund has resources prepared, without delay, in the event that there is contamination found on-site. ADEM fears that the state may not have enough resources prepared for an emergency by the October 13th deadline which could result “in the continuation and intensification of the threat to public health, safety, and welfare” in addition to higher overall containment and contamination costs and environmental damages.
Secondly, there are additional proposed changes to Alabama’s Division 6 Land Division.
This proposal suggests the following:Revisions to the Division 6 Code are being proposed to amend the implementation date for new testing requirements to allow UST owners and operators more time to prepare their equipment to meet these testing requirements and correction of typographical errors. The phrase [effective date of rule] has been replaced with December 8, 2017 throughout the document. Additionally, a typo in a rule referenced in rule 335‐6‐15‐.18 has been fixed. Rule 335‐6‐15‐.03 “Applicability” contains the definitions of which UST systems are included under the regulations and which are exempt or partially exempt. Revisions are being proposed to this rule to change deadline for UST systems storing fuel solely for emergency power generation to meet release detection requirements from October 13, 2018 to December 8, 2020. Rule 335‐6 15‐.09 “Operation, Maintenance, and Testing or Inspection of Spill and Overfill Prevention Equipment and Containment Systems; and Walkthrough Inspections” contains the requirements for operation and maintenance of key UST system components, including containment sumps and overfill prevention devices. Revisions are being proposed to this rule to change the deadline for testing of containment sumps and overfill prevention devices from October 13, 2018 to December 8, 2020. Rule 335‐6‐15‐.14 “General Release Detection Requirements for All UST Systems” contains the requirements for release detection for all underground tanks and piping. Revisions to this rule are being proposed alongside the revisions proposed in 335‐615‐.03 to change deadline for UST systems storing fuel solely for emergency power generation to meet release detection requirements from October 13, 2018 to December 8, 2020.
According to these proposed changes, they also want to extend the October 13th, 2018 deadline to December 8th, 2020 in order to provide UST owners and operators “more time to prepare their equipment to meet these testing requirements.”
There was a hearing on these proposed changes on September 5th, 2018 and we will continue to monitor ADEM’s website for updates.
If you would like to remain informed on all of the latest regulation changes, please contact us using the contact form on our website.
A Quick Summary of the Legal Changes:
The Florida Department of Environmental Protection (FDEP) published the new changes on August 27th, 2018 based on the June 20th Rule Development Workshops. The new law states that “Any visual inspection of any part of a storage tank system, dispenser, pipe, valve, pump, or other wetted portion of the system containing regulated substances that reveals uncontrolled pitting corrosion, structural damage, leakage, or other similar problems”. In other words, the FDEP has specifically included “pitting corrosion” as an incident under 62-761.430.What Does that Mean for You and Why Does this Matter Right Now?
For our present and future Florida clients who no longer inspect the inside of their sumps, owners are now required to report pitting corrosion as an incident and investigate it. If pitting corrosion is identified within the sump, the owner is responsible for the repairs.How Can You Prevent Additional Overhead Costs?
Thankfully, our team is prepared to handle any potential sump corrosion. Out team uses the Zerust (https://www.zerust.com/) product to fix corrosion issues, reducing overhead costs, and enhancing overall customer experience. We foresee this ruling change becoming an issue if sumps are not inspected for pitting corrosion. Our inspectors provides a 5-day notice of an inspection between our sump inspections. When the inspector opens the sumps, there could be an incident for pump head and other components that are pitting from the corrosion. Consequently, a NCL could be issued and the client would have 14 days to have it resolved under the new law.For Further Reading Taken from the FDEP Website:
Chapter 62-761, Florida Administrative Code (F.A.C.):
- Chapter 62-761, F.A.C., August 2018 Coded Draft Rules to be Amended
- Form 62-761.900(2) Storage Tank Facility Registration Form August 2018
- Form 62-761.900(3) Financial Mechanisms for Storage Tanks August 2018
- Instructions for Conducting Sampling During Underground Storage Tank Closure, August 2018
Chapter 62-762, F.A.C., August 2018 Coded Draft Rules to be Amended
- Form 62-762.901(2) Storage Tank Facility Registration Form August 2018
- Instructions for Conducting Sampling During Aboveground Storage Tank Closure, August 2018
As of June 1st, 2018 Oregon DEQ has revised UST regulations promulgated to rule and are now in effect. The regulations underwent public comment in February, and Environmental Quality Commission adopted the proposed rules on May 11th, 2018.
Some revises changes to the regulations include the following:
- 30 day notification for changing regulated substances of a UST containing greater than 10% ethanol or 20% biodiesel
- Demonstrations of UST system compatibility
- Under Dispenser Containment required for each new, moved, or modified dispenser
- All new or replacement USTs and connected piping must be secondarily contained and monitored using interstitial monitoring
- Flow Restrictors/Ball float valves are now longer allowed to be installed and cannot be repaired
- 30 day release detection for spill prevention and containment sumps used for interstitial monitoring
- 30 day walkthrough inspections for spill prevention and release detection begins 7/1/2020
- Annual inspections for containment sumps and hand held release detection
- Maintain these inspections for at least one year
- 24hr reporting on corrosion protection test failures
- Annual release detection operability testing
- Overfill prevention inspected at least once every 3 years
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On or after July 1st, 2020, owners and permittees of FCTs and AHSs must comply with 340-150-0137(2) and the training requirements for UST operators in this rule
- Vapor monitoring and groundwater monitoring are now longer allowed as an approved release detection method
- 24 hour notification to the DEQ for unusual operating conditions such as:
- erratic behavior of dispensing equipment
- sudden loss of product
- widely fluctuating water levels
- liquid in interstitial space (when brine is not used)
- Emergency generator tanks are subject to release detection requirements on 7/1/2020.
- All newly installed emergency generator tanks are subject to release detection requirements immediately