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
Emergency Generator Fuel Testing Update
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