Determining which rules apply to you is going to depend on your tank’s content, size, and location. The federal programs that regulate ASTs are:
CAA – Air Emissions Standards
The CAA is the source of nearly all federal regulations involving the regulation of air pollution from tanks. Most states have incorporated by reference federal new source performance standards (NSPS) for liquid storage vessels and bulk gasoline storage terminals.
CAA – Risk Management Plans
The Risk Management Program regulations are designed to prevent the accidental release of toxic and explosive substances, reduce the severity of any accidents that may occur, and improve communication between facilities, regulators, and the community.
EPCRA
EPCRA affects almost all facilities that manufacture, use, or store numerous hazardous chemicals. The Act provides for emergency planning procedures and requires employers to report the presence of hazardous chemicals in the workplace to certain state and local authorities.
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CERCLA
CERCLA updated the National Contingency Plan (NCP), which outlines how the different federal agencies respond to hazardous substance releases and conduct response actions. A release of a CERCLA hazardous substance in quantities equal to or greater than its reportable quantity must be immediately reported to the National Response Center. Such releases are also subject to state and local reporting under EPCRA.
Oil Spill Prevention
The OPA was included in amendments to the CWA and established a stringent program for oil spill prevention and response. This required that facilities that store regulated quantities of oil must have containment structures and spill response plans.
SPCC Plans
Under the CWA, the EPA requires that regulated oil storage facilities develop and implement SPCC plans. In addition to the CWA requirements, the federal OPA requires that facilities detail and implement spill prevention and control measures in their plans.
Sites that store oil in ASTs are required to have an SPCC plan on-site. The regulation applies to nontransportation-related facilities with a total aboveground oil storage capacity of greater than 1,320 gallons (gal) or buried oil storage capacity greater than 42,000 gal, which, because of their location, could reasonably be expected to discharge oil into navigable waters of the United States or adjoining shorelines.
SPCC requires procedural and contingency plans, as well as various technical requirements, such as corrosion protection. The goal of an SPCC plan is to proactively prepare for and avert oil spills from reaching surface waters. The plan requires that spill containment equipment and secondary containment structures be on-site and that staff be trained in spill management in the event of an unexpected release. AST owners or operators subject to SPCC requirements must periodically test the AST’s integrity.
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RCRA – Hazardous Waste Tanks
Anyone storing hazardous waste must comply with the federal RCRA storage rules, which require storage facilities to be permitted. In addition, RCRA strictly regulates several types of hazardous waste storage units, including containers, tanks, containment buildings, surface impoundments, and waste piles. A hazardous waste tank’s leak prevention and leak detection system is referred to as a secondary containment. Tanks used to treat or store hazardous waste must have secondary containment and leak detection.
RCRA – Used Oil Requirements
Generators of used oil must keep storage units in good condition, label storage tanks and containers "used oil," clean up spills or leaks, and use a transporter with an EPA ID number. Facilities that store used oil in ASTs or in USTs must ensure that their spill-response procedures for these units comply with the requirements of the SPCC Plan.
Containers must be in compliance with DOT regulations and the storage areas around ASTs and underground storage containers must be equipped with a secondary containment system including oil-impervious floors and walls.
Keep in mind that these are the federal programs that regulate ASTs; there may also be local requirements imposed by state and local authorities.
These are just EPA rules. There are DOT and OSHA requirements for ASTs as well. See tomorrow’s Advisor for more on that.