Update New USEPA Underground Storage

Tank Regulations

Detailed Look at Emergency Generators

Robert J May PE Synergy Environmental

November 2018

USEPA Published New UST Operating Regulations in July 2015

In the July 15, 2015 Federal Register (PDF)(119 pp, 1.5 MB), EPA published the 2015 underground storage tank regulation and the 2015 state program approval regulation. The revisions strengthen the 1988 federal underground storage tank (UST) regulations by increasing emphasis on properly operating and maintaining UST equipment. The revisions will help prevent and detect UST releases, which are a leading source of groundwater contamination. The revisions will also help ensure all USTs in the United States, including those in Indian country, meet the same minimum standards. This is the first major revision to the federal UST regulations since 1988.

UST Regulation Changes • The 2015 UST regulation changed certain portions of the 1988

underground storage tank technical regulation in 40 CFR part 280. The changes established federal requirements that are similar to key portions of the Energy Policy Act of 2005. In addition, EPA added new operation and maintenance requirements and addressed UST systems deferred in the 1988 UST regulation. The changes:

• Added secondary containment requirements for new and replaced tanks and piping

• Added operator training requirements • Added periodic operation and maintenance requirements for UST systems • Added requirements to ensure UST system compatibility before storing

certain biofuel blends • Removed past deferrals for emergency generator tanks, field constructed

tanks, and airport hydrant systems • Updated codes of practice

States Implement New Regulations

• The 2015 state program approval (SPA) regulation also updated SPA requirements in 40 CFR part 281 and incorporated the changes to the UST technical regulation listed above.

• 38 SPA states plus the District of Columbia and Puerto Rico currently have SPA and have three years to reapply in order to retain their SPA status. Owners and operators in these states must continue to follow their state requirements until the state changes its requirements or until the state’s SPA status changes.

• Owners and operators in 16 non-SPA states and territories must meet the federal requirements according to the schedule in the 2015 UST regulation. In addition, owners and operators will need to follow their state requirements.

New York Does Not Have State Program Approval (SPA)

What Does All This Mean?

• New USEPA regulations and deadlines are the operating regulations for USTs in New York enforceable only by USEPA

• New periodic operation and maintenance items have a deadline in the future – Monthly walk around inspection – Spill prevention equipment for tank filling, commonly

called spill buckets, must be tested – Certain UST systems with double wall USTs must test

tank top containment (tank top sumps)

USTs in New York State

• USTs in NY are managed by the New York Department of Environmental Conservation.

UST Fuel Supply Emergency Generator

Day Tank Requirements

Typical Day Tank

Tank Leak Detection

Monthly Tank Leak Detection

• Tanks must be monitored with a passing result every 30 days

•Most tanks monitored by ATG performing 0.2 gph test

• Tank testing by testing contractor is 0.1 gph

• SIR Statistical Inventory Reconciliation

•SIR must calculate leak rate

•Maintain monthly tank testing or passing results

Note concrete “anchors” which hold tanks in place after

installation.

Pressurized Piping Leak Detection

UST Piping • Double Walled (DW) – interstitial monitoring, continuously monitored • Single Walled (SW)– leak detection, continuously monitored

– 3.0 gph test every time pressurized – 0.2 gph test every month or – 0.1 gph test annually

• Mechanical leak detector will severely restricts flow when 3.0 gph test fails

– Not prudent choice for emergency generators • Electronic leak detectors indicates an alarm

• Leak detectors functionally tested annually • Must maintain monthly record of passing leak detection tests • Leak detector functionality tested annually

16

Suction Piping Leak Detection

NFPA 110 Proposed 2019

Diesel Fuel Polishing Units

NWGLDE

Consideration From the Complete Regulation

• The normal requirement is to restrict or shut off flow of product when a suspected leak is detected is problematic for emergency power generator tanks

• The Leak detection equipment must alert the operator to the presence of a leak by triggering an audible or visual alarm without shutting off or restricting the flow.

Spill Buckets and Tank Top Containment

Spill Buckets

Tank Top Containment (Tank Top Sumps)

Spill Bucket Testing continued

• Qualified person doing the testing • Two methods (industry standards)

– Vacuum test (special equipment) – Hydrotest

• Fill spill bucket to top with water • Mark level with Sharpie Pen • Wait 60 minutes and water level must not drop 1/8 inch

Tank Top Containment (Sump) Testing

• Industry standard following USEPA guidance is to fill the sump to a level just above the sump sensor.

• Mark the water level with a Sharpie Pen • Wait 60 minutes and water level must not

drop 1/8 inch

USEPA UST Rules

• USEPA new rules require tank fill spill prevention devices (spill buckets) and tank top sump containment devices to be tested by 10-13-18

• NYSDEC will be altering the regulations since NYSDEC cannot enforce this regulation at this time

• Water used in hydrotesting could be impacted by small amounts of gasoline, diesel and kerosene – Only gasoline has benzene

Hazardous Waste Resource Conservation and Recovery Act (RCRA)

• UST hydrotest spill bucket and tank top sump fluid may be characteristically hazardous: – DOO1 Ignitability

• 40 CFR Part 261-less than 140 degree F – D018 Benzene

• TCLP tested 0.5 mg/l – If test results less than thresholds, not classified as hazardous

• Media impacted debris from a regulated UST release is exempt as hazardous waste for benzene only – Argument could possibly be made that tank top sump hydrotest

water in contact with benzene is exempt as hazardous – Spill bucket hydrotest water in contact with benzene is not

exempt as hazardous

Client Education on Hazmat • Clients unaware of the Hazmat regulations were informed:

– Training would be required to be a haz waste generator ($450) – Training would be required to sign manifest per US Department

of Transportation as a hazmat shipper ($500 every 3 years) – Hazardous waste generator identification number required per

site – Biannual reporting for waste – Emergency Coordinator on call and information posted – Waste minimization plan and certificate – Weekly inspection of containers – No container within 50 feet of property line – 40 CFR 262.70 --farmers can triple rinse pesticide containers and

dispose of residue on own farm

EPA Clean Water Act Pretreatment Program -Industrial Users

• Municipal Sewage Treatment – Publicly Owned Treatment Works (POTW) – RCRA Domestic Sewage Exclusion (DSE)

• Any substance discharged to a POTW, if otherwise disposed of, would be considered a RCRA hazardous waste

• POTW will most likely want benzene tested (EPA method 620)

– Notification to POTW – Notification to USEPA Regional Waste Management

How To Manage Containment Testing Waste

• Clean inside of spill bucket or tank top containment with cloth wipe • Any item impacted by the benzene is considered a waste impacted

by the hazardous substance. • New York currently has a conditional exclusion in the hazardous

waste rules that allows solvent contaminated wipes to be laundered without the need for the generator to manage them as hazardous waste or the laundry or cleaning facility to obtain a hazardous waste storage permit.

• Those regulations narrowly define “solvent contaminated wipes”. • Other hazardous waste textiles such as gloves are not included in

the definition. The definition also limits the eligible contaminants to specified solvents, so if a solvent contaminated wipe exhibits the characteristic for toxicity for a heavy metal, it is not eligible for the exclusion for laundering.

How To Manage the Hydrotest Fluid to Exclude it as a Hazardous Waste

• Most POTW will accept “Industrial waste” under their own guidelines

• The generator will still need to prove the benzene impact level prior to discharge

• EPA Method 620 – Benzene limit in drinking water is 5 ppb

• Technically if test fluid < 5 ppb, could discharge fluid in the grass

– Benzene limit for hazardous waste is 500 ppb

Important Details

• Hydrotest fluid can be reused on the site and even used at different sites – Used hydrotest fluid is not a waste until no more

testing will occur • Cannot drum the used hydrotest fluid while testing for

POTW disposal since that is a determination that the fluid is now a waste and by rule is a hazardous waste

• Once tested and approved, pump directly from tank top sump into sanitary drain (or commode)

– If only testing spill buckets, decide to test a tank top sump (even in not mandated) and leave the water in one sump until disposal approval is obtained, under the guidance you will be testing the other tank top sumps

Best Strategies

• Test spill buckets with vacuum – Failed spill buckets will need replaced – Visually stained or odorous pea stone under spill

bucket may be a suspected release and other investigation may be required

• Need to hire a consultant savvy in UST release investigations

• Dispose hydrotest water at POTW – If you drum or transport used fluid ready for

disposal, the fluid is now a hazardous waste

40 CFR 280.36(a)(1)(i)(B) 30 Day Walkthrough Inspection

• Spill buckets and leak detection equipment must be inspected.

• Infers that all indications of leakage or release (alarms) were responded to and that records are complete, accurate and current

Questions • What is effective date for new UST regulations?

– 10-13-18 • Leak detection on tank and piping passing reviewed

what interval – 30 days

• Tanks leak detection rate? – 0.2 gph

• Piping leak detection rate? – 3.0 gph monthly and annual line test 0.1 gph

• All leak detection equipment third party certified by? – NWGLDE