As most of you probably know, the EPA is moving forward to promulgate new regulations requiring frequent (every 30 days as a matter of fact)  UST system inspections to be performed by a Class B operator or it’s designee for their respective sites. (There are at least 12 states requiring this now with many more states promulgating for implementation by August 8, 2012). By most industry experts these new rules will probably be in effect by end of 2012.

What exactly is the EPA proposing?

The EPA is proposing owners and operators perform walk through inspections of their UST systems at least once every 30 days and meet one of these three options:

Option 1: Conduct operation and maintenance walkthrough inspections that, at a minimum and as appropriate to the facility, check the following equipment:

• Spill prevention equipment
• Open and visually check for any damage;
• Remove any liquid or debris;
• Check each fill cap to make sure it is securely on the fill pipe; and
• If secondarily contained with continuous interstitial monitoring, check for a leak in the interstitial area.
• Sumps and dispenser cabinets
• Open and visually check for any damage, leaks to the containment area, or releases to the environment;
• Remove any liquid (in contained areas) or debris; and
• If contained areas are secondarily contained with continuous interstitial monitoring, check for a leak in the interstitial area.*
• Monitoring/observation wells
• Check covers to make sure they are secured.
• Cathodic protection Check to make sure impressed current cathodic protection rectifiers are on and operating; and
• Ensure records of three year cathodic protection testing and 60 day cathodic protection testing and 60 day impressed current system inspections are reviewed and current.
• Release detection
• Check to make sure the release detection system is on and operating with no alarm conditions or other unusual operating conditions present;
• Check any devices such as tank gauge sticks, groundwater bailers, and hand-held vapor monitoring devices for operability and serviceability; and
• Ensure records of release detection testing are reviewed monthly and current.

Option 2—Conduct operation and maintenance walkthrough inspections according to a standard code of practice developed by a nationally recognized association or independent testing laboratory that are comparable to the specific requirements listed above.

Option 3—Conduct operation and maintenance walkthrough inspections developed by the implementing agency that are comparable to the specific requirements listed above.

The EPA is proposing owners and operators maintain walkthrough inspection records for one year. Each record must include a listing of each area checked, whether each area checked was acceptable or needed to have some action taken, and a description of actions taken to correct an issue.

Why is the EPA proposing this change?

The 1988 UST regulation focused on owners and operators installing improved UST equipment, but did not require significant equipment operation and maintenance activities. After more than 20 years of experience with UST requirements, The EPA found that improved equipment and operating and maintaining UST equipment are necessary to protect human health and the environment.  12 states have adopted monthly walk through inspection requirements for their UST facilities. Of those states, only California has been implementing the requirement long enough to provide input about the effectiveness of walk through inspections.  California indicates that, according to UST inspectors and industry people, the monthly inspections decreased the number of violations found, reduced the frequency and duration of release detection alarms, prompted better record keeping, and resulted in overall better operations at the UST facility.

As part of operating and maintaining UST systems, the EPA proposes owners and operators conduct walk through inspections at least once every 30 days.

Periodic walk through inspections will help owners and operators detect problems earlier, resulting in fewer releases to the environment and reduced environmental impacts of releases that reach the environment. Walk through inspections are designed to verify proper function or operating condition of easily accessible UST system components and ensure required records are current. These inspections typically include reviewing records and checking components to confirm function or condition. For example, owners and operators will be required to review current records and ensure equipment is operating properly; containment sumps are free of liquid and debris; and leaks are not occurring at dispensers, submersible turbine pumps, and other areas. EPA used the Petroleum Equipment Institute’s Recommended Practice 900, Recommend Practices for the Inspection and Maintenance of UST Systems, as a walk through inspection requirements.

The EPA is proposing allowing owners and operators to hire a third party to conduct walk through inspections instead of performing the inspection themselves.

At a minimum, walk through inspections conducted according to a code of practice or developed by the implementing agency need to be comparable to the following requirements. The specific requirements proposed and reasons for their inclusion in the regulation are:

• For spill prevention equipment— open each spill prevention area, check for damage, and remove any liquid or debris; check the fill cap to make sure it is securely on the fill pipe; and for secondarily contained spill prevention equipment with continuous interstitial monitoring, check for a leak in the interstitial area.
  • Damaged spill prevention equipment can release regulated substances into the environment and liquid or debris can reduce the equipment’s capacity. Fill caps not secure on the fill pipe can result in vapors exiting the tank and can render overfill prevention inoperable in tanks that use flow restrictors in the vent line.  Some spill prevention equipment construction materials may not be designed to contain regulated substances for long periods of time. For spill prevention equipment with two walls and continuous interstitial area monitoring, owners and operators need to check the monitoring device or area to make sure the interstitial monitoring is operating properly and does not indicate a leak in the interstitial area.
  • For sumps, including submersible turbine pump sumps and transition sumps—open and visually check for damage, leaks to the containment area, or releases to the environment; remove any liquid (in contained sumps) or debris; and for secondarily contained sumps with continuous interstitial monitoring, check for a leak in the interstitial area.
  • Drips and other small releases from damaged components contained by the sump can result in regulated substances remaining in the sump. Damaged sumps can release regulated substances into the environment. Liquid or debris can reduce the capacity of a contained sump. Some sump construction materials may not be designed to contain regulated substances for long periods of time. For sumps with two walls and continuous interstitial area monitoring, owners and operators need to check the monitoring device or area to make sure the interstitial monitoring is operating properly and does not indicate a leak in the interstitial area.
  • For dispenser cabinets—open each cabinet; visually check for damage, leaks to the containment area, or releases to the environment; remove any liquid (in dispensers with under dispenser containment) or debris; and for dispenser sumps with continuous interstitial monitoring, check for a leak in the interstitial area.
  • Visual checks for dispensers are important because the 1988 UST regulation does not require release detection for dispensers. Drips and other small releases from damaged components in the dispenser cabinet can result in regulated substances remaining in the dispenser sump or being released to the environment. Damaged under-dispenser containment (if present) can release regulated substances into the environment. If under-dispenser containment is present, liquid or debris can reduce the capacity of the containment sump. Some under dispenser containment construction materials may not be designed to contain regulated substances for long periods of time. For dispenser sumps with two walls and continuous interstitial area monitoring, owners and operators need to check the monitoring device or area to make sure the interstitial monitoring is operating properly and does not indicate a leak in the interstitial area.
  • For monitoring or observation wells—check the covers to make sure they are secured.   These wells need to be secured to avoid potential contamination of wells through the well cover (for example by surface runoff or accidental fuel delivery to the well).
  • For cathodic protection—check to make sure impressed current cathodic protection rectifiers are on and operating; ensure records of three year cathodic protection testing and 60 day impressed current system inspections are reviewed and up to date.
    • Impressed current cathodic protection systems need to be on and operating to protect underground metal components of the UST system that routinely contain regulated substances from corrosion. In addition, owners and operators need to retain records of the most recent two cathodic protection tests (required once every three years) and the most recent three inspections (required once every 60 days) for impressed current systems. These records show that cathodic protection systems are on and operating properly to protect UST system components from corrosion. Owners and operators who record rectifier readings and compare those readings to the normal operating parameters of the rectifier during the 30 day walkthrough inspections will meet the 60 day impressed current inspection requirement in § 280.31(c) without further activity. Failure to operate and maintain cathodic protection could mean that metal UST system components are corroding and could result in a release to the environment.
    • For release detection—check to make sure the release detection system is on and operating with no alarm conditions or other unusual operating conditions present; check any devices such as tank gauge sticks, groundwater bailers, and hand-held vapor monitoring devices for operability and serviceability; and ensure records of release detection testing are reviewed monthly and up to date.
      • Release detection equipment needs to be operable in order to detect releases when they occur. Owners and operators must respond to release detection alarms. Manual release detection equipment needs to be serviceable and operational so owners and operators can perform proper release detection. In addition, owners and operators need to ensure they review the most recent month’s release detection information and retain the most recent year’s worth of release detection records. These records are required for all methods of release detection, and reviews ensure UST systems are being checked for a release at least once every 30 days. Failure to perform these checks could mean release detection equipment is not operating properly and could result in a release to the environment.
      • Owners and operators using continuous interstitial monitoring for double-walled spill prevention devices, sumps, or dispenser containment areas need to check the interstitial monitoring to make sure it is operating properly and does not indicate a leak in the interstitial area. EPA is aware of these continuous interstitial monitoring methods: vacuum, pressure, or liquid filled interstitial area monitoring and placing sensors in the interstitial area.  For vacuum, pressure, or liquid-filled interstitial area monitoring using electronic devices and sensors, owners and operators will need to check the electronic device to make sure it is not in alarm. For interstitial areas monitored using vacuum, pressure, or liquid-filled interstitial area monitoring not using some type of electronic monitoring, owners and operators will need to make sure the vacuum, pressure, or liquid is maintaining its appropriate level.

• Owners and operators who do not check the interstitial monitoring of spill prevention devices must perform periodic spill prevention equipment testing described in § 280.35(a)(ii) of the proposed UST regulation. Owners and operators who do not check the interstitial monitoring of sumps or dispenser containment areas and who use those areas for interstitial monitoring for their piping must perform the periodic testing of secondary containment described § 280.36(a)(iii) of the proposed UST regulation.

EPA is proposing walkthrough inspections be conducted at least every 30 days. 30 days is a reasonable time frame because:

• Deliveries occur frequently—often daily or every few days;
• Dispenser filters are changed every few weeks or months;
• It is consistent with the 30 day release detection monitoring requirement; and
• Current operation and maintenance industry standards (Petroleum Equipment Institute Recommended Practice 900) recommend monthly checks as one of the periodic inspection frequencies.

EPA is proposing owners and operators retain the most recent year’s worth of records to demonstrate compliance with the walkthrough inspection requirement. Owners and operators will be required to document they performed each of the required activities at least once every 30 days.  Keeping one year’s worth of records is consistent with the current recordkeeping requirement for release detection monitoring. EPA is proposing owners and operators document each area checked, whether each area checked was acceptable or needed to have some action taken, and provide a description of any actions taken to correct an issue. This information is important to assist implementing agencies in determining proper operation and maintenance.

What issues related to this change does EPA request comment or additional data on?

• Is a 30 day inspection frequency an appropriate time frame for owners and operators to conduct walkthrough inspections? Is it reasonable for owners and operators to begin conducting walkthrough inspections immediately?  After the final UST regulation becomes effective?
• Is specialized training required for individuals completing walkthrough inspections? If yes, what should EPA establish as the extent of the training?
• Are there other codes of practice that should be included for conducting walkthrough inspections?
• Is requiring owners and operators to keep the most recent year’s worth of records sufficient?
• Are the items EPA proposes checking appropriate? Should EPA add anything? Are there checks EPA is proposing that should not be required?
• Should EPA consider not requiring owners and operators to remove water from contained sumps when both of the following conditions exist?
• Owners and operators choose to connect an anode to the metal components in the sump for corrosion protection and The sump is not used for interstitial monitoring.

The bottom line is that the new regulations will require a huge quantum leap in owner operator requirements. It means a very high level of commitment by the operators and their staff.

Quite frankly, the nature and the technical requirements of these inspections will require specialized training, equipment so as personnel do not endanger themselves (and others around them). Personally, I really can’t see these monthly inspections being performed by MOST internal owner operator personnel. Most likely these inspections will be eventually performed by UST compliance service providers.

This literally means that hundreds of thousands of inspections will be happening each and every month all across the United States.

It is kind of mind numbing when you think about it. I call it punctuated equilibrium or another way to put it, a quantum evolution in UST compliance.

How will you as an owner operator handle this requirement? I would love the opportunity to discuss with any interested parties the impact and ramifications.

Call me any time @ 1-800-789-3530 and ask for Joel Hershey or Lorenzo DiBacco.

-Joel Hershey, Director of ECS Eclipse