In 2015, EPA released the 2015 underground storage tank regulations and the 2015 state program approval 
regulations. These revisions stopper the 1988 federal underground storage tank (UST) regulations by increasing emphasis on properly operating and maintaining UST equipment.
Why are these regulations so important?
According to the EPA, there are some 566,000 underground storage tanks (USTs) nationwide storing petroleum or hazardous substances. One of the biggest threats from a leak in these USTs is groundwater contamination. Groundwater is the main source of drinking water for nearly half of America. The 2015 regulations include improvements to the earlier 1988 federal regulations regarding USTs.
What are the changes the 2015 regulations make?
The 2015 UST regulation makes changes to the 1988 regulations in 40 CFR part 280 which specify federal requirements according to the Energy Policy Act of 2005. The EPA has also added new operation and maintenance requirements and addressed UST systems deferred in 1988 UST regulations.
Some of the changes are the addition of secondary containment requirements for new and replaced tanks and piping, addition of operator requirements, addition of periodic operation and maintenance requirements for UST systems, requirements to ensure UST systems are compatible before storing biofuel blends, removing past deferrals for emergency generator tanks, airport hydrant systems, and field- constructing tanks, updating codes of practice and, making editorial and technical corrections.
What are the biofuel compatibility requirements?
UST system equipment which is incompatible with biofuel that needs to be stored needs to be upgraded to equipment that is compatible with the fuel. Compatibility means that when storing fuels, the materials and equipment comprising the UST system continue to perform as they were intended to. Incompatible biofuels could lead to components of UST system shrinking, swelling, becoming harder, softer or brittle. According to the new regulations, biofuels containing over 10 percent ethanol or over 20 percent biodiesel may not be stored in incompatible UST equipment.
How do these regulations apply?
The 2015 state program approval (SPA) regulation also updates requirements in 40 CFR part 281 and incorporates the changes to the UST technical regulation. 38 states with SPA and the District of Columbia and Puerto Rico have 3 years to reapply to obtain their SPA status. Owners and operators of USTs in these states should continue to follow state requirements until the state changes its requirements or until state SPA status changes. For non-SPA states and territories, owners and operators are covered under federal requirements according to the 2015 UST regulations as well as state requirements. Owners and operators in Indian counties are also obliged to meet federal requirements under the 2015 UST regulations.
The 2015 UST regulation has been effective since October 13, 2015. It’s important to ensure your organization is compliant with the new EPA rules and regulations on underground storage tanks. With the new regulations come new walkthrough inspections, increased operator training requirements and a potential overhaul of the existing system in place in your organization. For an overview of these regulations from an environmental law perspective, and to learn compliance issues and implementation plans, check out this webinar by industry expert Tamar J. Cerafici. Tamar is an internationally recognized leader and legal specialist in the complex and challenging nuclear regulatory industry.
13 Things You Should Know About the New Underground Storage Tank Regulations and How EPA’S New Rules Affect Your Operation.
