The MassDEP has been provided a Discussion Draft of the UST Regulations to the UST Stakeholder Group.  The MassDEP hopes to officially propose these regulations but at this time, they are available for review, comments and discussion.  The MassDEP released a UST Vision Statement dated February 7, 2012.  This statement discusses the desire to have the MassDEP, Third-party inspectors (TPIs) and UST owners /operators work together to achieve compliance with UST regulations.  This “three legged stool” described in the vision statement factors into the draft regulations, as well as other regulatory changes.

Some of the key items to note in the draft:

Additions to Compliance Inspection Rules

• An added requirement for monthly and semi-annual (every 6 months) inspections to be performed by, or under the direction of the Class A or B operator.
• An added requirement for the UST owner or operator to self-certify compliance, every 3 years.  The owner or operator would complete a compliance certification, to attest to whether or not they have met the requirements for things such as financial responsibility, testing, recordkeeping, completion of the monthly and semi-annual inspections, etc. 
• The MassDEP will assign due dates for the Third-Party Inspections (TPIs) between August 8, 2013 and August 8, 2016 and this will be the permanent future due date (except in the case of early submittal, which would change the due date).
• The self-certifications would alternate with the TPIs, so that one item will be submitted to the MassDEP every 18 months.

Changes to Third-Party Inspector Certification and Training

• The MassDEP will continue the TPI program currently in place. However, the eligibility requirements for inspectors would be more stringent.
• Individuals that are currently registered as TPIs with the MassDEP would be exempted from the new pre-qualification requirements.
• In order to be certified as an inspector, an individual would need to take and pass an exam and meet other pre-qualification requirements.
• To keep certification, the inspector would need to complete annual MassDEP training.

Additions to General Operating Requirements

• Integrity testing requirement for sumps (every 3 years, by vacuum or hydrostatic testing)
• Integrity testing requirement for single-walled spill buckets (annually, by vacuum or hydrostatic testing)
• Change to tank and piping tightness testing method: Until December 31, 2015, must be able to detect 0.1 gallon per hour leak rate; on and after January 1, 2016, must be able to detect 0.05 gallon per hour leak rate.
• Change to temporary out-of-service requirements: The draft regulations would allow for a temporary out-of-service period of no more than 5 years (increased from the current maximum allowed 2 year period for double-walled UST systems)

The Discussion Draft will be the topic of the next UST Stakeholder Meeting, to be held on May 1, 2012.  To read the draft in full detail or for more information about the DEP UST Vision or where to send comments, please see the link below for the MassDEP UST Stakeholder Group webpage or contact a member of the ECS Eclipse staff at 413-789-3530 or info@ecseclipse.com

http://www.mass.gov/dep/public/committee/ust.htm

-          Megan Kazmierczak, Senior Compliance Manager