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EPA cited the Agency for not complying with federal and state safeguards designed to prevent, detect, and control leaks of petroleum and other hazardous substances from USTs. EPA alleged that the agency failed to perform and/or document required release detection activities at a total of 17 USTs used to store diesel fuel and used oil at Division of Highway facilities.
In addition to the $30,000 penalty, the Agency has agreed to improve release detection procedures at 43 underground fuel tank facilities statewide by upgrading to a more sophisticated monitoring system which complies with regulatory requirements.
According to EPA, the settlement penalty reflects the agency’s cooperation with EPA in correcting the alleged non-compliance and resolving this matter.
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Check Your UST Compliance
Don’t take the chance of getting fined by EPA, use the checklist to see how closely you meet the federal regulations for USTs (40 CFR Part 280).
Keep in mind though, this is for the federal regulations only — your state may have stricter regulations.
Release Detection
Long-term “Monthly Monitoring” methods: These methods include interstitial monitoring, automatic tank gauging systems, groundwater monitoring, vapor monitoring, and other methods approved by an implementing agency to work equally well, such as statistical inventory reconciliation (SIR).
Temporary release detection methods: For 10 years following installation of a new UST or the upgrading of an old UST, you can often use a combination of periodic tank tightness testing with either inventory control or manual tank gauging.
There may be additional requirements for your UST’s piping. Pressurized piping and suction piping have different requirements.
- UST uses Interstitial Monitoring at least monthly?
- UST uses Automatic Tank Gauging at least monthly?
- UST uses Vapor Monitoring at least monthly?
- UST uses Groundwater Monitoring at least monthly?
- UST uses Manual Tank Gauging alone (only for tanks less than 1001 gallons (gal))?
- UST uses Manual Tank Gauging & Tank Tightness Testing (only for tanks less than 2001 gal and 10-year maximum use)?
- UST uses Inventory Control and Tank Tightness Testing (10-year maximum use)?
Specify any other release detection method, such as SIR.
Pressurized Piping
- Piping has automatic flow restrictor?
- Piping has automatic shutoff device?
- Piping uses continuous alarm system?
- Piping uses annual line tightness testing?
- Piping uses monthly monitoring?
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Suction Piping
- Piping uses monthly monitoring?
- Piping uses line tightness testing every 3 years?
- Piping has no release detection requirements?
Records of Release Detection
- You keep records at least 1 year showing the results of repairs and of monthly sampling, testing, and monitoring of release detection (except for tank tightness testing records, which you keep until the next test)?
- You keep records at least 5 years of calibration and maintenance of release detection equipment? (Note: This may not be applicable if you use manual tank gauging, inventory control, or tank tightness testing.)
- You keep vendor’s performance claims and results of third-party evaluations for 5 years for interstitial monitoring, automatic tank gauging, vapor monitoring, groundwater monitoring, tank tightness testing, or other applicable approved methods?
Please note that filling out this checklist does not guarantee that you are in fact in compliance with UST requirements. Only an official site inspection can confirm your compliance status. Be sure to check with state/local agencies that may have additional/different requirements or their own checklists.
See tomorrow’s Advisor for more of the UST compliance checklist.