UST 2018 / 2021 NEW RULESGeneral Overview for Owners/Operators Webinar

October 14, 2021

Dustin Turner, Johnson City Field Office

2018 Rule Change Resources

• UST Webpage– https://www.tn.gov/environment/program-areas/ust-underground-storage-

tanks/ust/new-rules.html

• Monthly Newsletter– Send name and email to: Mitzie.Berry@tn.gov to subscribe

• 2021 UST Owners Compliance Toolbox– https://www.tn.gov/environment/program-areas/ust-underground-storage-

tanks/ust/operator-training/educational-tools.html

Disclaimer

The State of Tennessee does not endorse any specific brands, manufacturers, or vendors of equipment, products or services.

Any brand names mentioned or depicted of any equipment, products, or services in this presentation are used for illustrative purposes only and are neither endorsements nor recommendations for such equipment, products, or services and shall not be construed as such.

2018 Rule Changes - New Requirements Summary

New Requirements for Tank Owners

1) Spill and Overfill Prevention Equipment Testing2) Sump Integrity Testing - IM3) Release Detection Equipment Testing4) Monthly and Annual Walkthrough Inspections5) Compatibility6) Release detection for Emergency Generators

These new rule requirements apply to UST system(s) installed on or after October 13, 2018, and to all existing UST system(s) prior to October 13, 2021.

Testing Requirements- Qualifications

• All testing requirements must be conducted by a “qualified person” as defined by U.S. EPA:

1) Licensed Contractor certified by device manufacturer2) Approved by authority having jurisdiction (Division of UST)3) Conducted in accordance with Division guidance and can demonstrate adequate

experience4) Obtain certification from nationally recognized organization (PEI)

Spill and Overfill Prevention Devices – What is NEW?!Spill Prevention Equipment• Monthly Walkthrough Inspections • 3-Year Spill Prevention Equipment Integrity Testing• Overfill Prevention Equipment• 3-Year Overfill Equipment Functionality Testing• Recordkeeping Requirements

• Monthly spill prevention device/spill bucket walkthrough inspections – ONE YEAR• 3-year spill prevention device integrity test – THREE YEARS• 3-year overfill device functionality test – THREE YEARS• Double-wall spill prevention equipment monthly monitoring results – All records must be

maintained as long as this monthly monitoring method is in use.

Spill and Overfill Device Testing must be conducted prior to October 13, 2021.

Spill and Overfill Prevention Devices

Spill Prevention Device “Spill Bucket” Flow Restriction Device “Ball Float Valve”

Automatic Shutoff Device “Flapper Valve”

High Level Audible / Visible Alarm “Overfill Alarm”

Spill Prevention Devices

• Action: Conduct a spill prevention device integrity test every 3 years and document the results on a Division approved form or use a double-walled spill bucket with an electronic interstitial monitoring sensor.

• Tank Owner Responsibility: Maintain a passing spill prevention device integrity test conducted within the last 3 years or documentation the prevention equipment is double walled and is monitored continuously.– Conduct an integrity test within 30 days of discontinuing

sensor monitoring of double wall spill prevention.

Spill Prevention Device Integrity Testing must be conducted by October 13, 2021.

Overfill Prevention Devices – Functionality Testing

• Action: Inspect overfill prevention equipment for functionality at least every 3 years.

• Tank Owner Responsibility: Maintain records demonstrating overfill functionality testing conducted within the last three years. Applies to all forms of overfill and documentation must be maintained for three years.

Overfill Prevention Device Testing must be conducted by October 13, 2021.

Three Types of Overfill Prevention

The 3 Types overfill prevention:

• Automatic Shutoff (sometimes called ‘flapper valves’)• Set to fully engage at 95% of tank volume

• Flow Restriction (sometimes called ‘ball floats’)• Set to fully engage at 90% of tank volume• Cannot be replaced or repaired after October 13, 2021

• Overfill Alarm (sometimes called ‘high level alarms’)• Set to alarm at 90% of tank volume• Must be visible and audible to delivery driver

Automatic Shutoff Devices An automatic shutoff device or “flapper valve” slows down and stops

product flow when the product has reached a certain level in the tank.

Automatic shutoff

devices are located

in the fill pipe.

Flow Restriction Devices / Ball Float ValvesAs the tank fills during a delivery, a ball in the valve rises and restricts the flow of vapors out of the tank.

The flow rate decreases and alerts the delivery person to stop thedelivery.

*If ball floats are found damaged or non-functional during overfill functionality testing then a new method of overfill must be installed.*

Overfill Alarms• An overfill alarm uses a sensor in the tank

located on the automatic tank gauge (ATG) probe.

• An overfill alarm provides a warning when the tank is close to being full that can be seen or heard (or both) by the delivery person.

• When the alarm activates, the delivery person should stop the flow of product to the tank immediately.

Spill and Overfill Equipment Repairs

• Action: Test or inspect components within 30 days after a repair or a replacement to spill or overfill prevention equipment.

• Tank Owner Responsibility: Maintain documentation of testing conducted within 30 days of a repair to spill and overfill equipment. Maintain test results for three years.

IM Pressurized Piping Systems - Sump Integrity Testing

• Action: Pressurized piping systems using (interstitial monitoring (IM) for piping release detection (required after July 24, 2007) must conduct a containment sump integrity test every three years.

• Tank Owner Responsibility: Maintain a passing containment sump integrity test conducted within the last three years. Sump integrity test records must be maintained for three years.

Sump Integrity Testing must be conducted prior to October 13, 2021, for all pressurized piping sumps using IM for its primary release detection method

Interstitial Monitoring- Sump Repair

Containment sump repairs must be conducted in accordance with:

• Manufacturer’s instructions• Division guidance• Code of practice developed by a nationally recognized association• Must be fuel compatible / Check for UL approval under section 2447

• All sumps must be integrity tested within 30 days of repair completion• Maintain post-repair integrity test records for 3 years• Maintain repair records for operational life of the UST system

Hydrostatic Testing – Water Disposal

• The Division does not regulate the disposal of petroleum contaminated test water. WHO DOES and WHO TO CONTACT??

• Division of Solid/Hazardous Waste Management-• -hazardous substance requires characterization• - “reclamation of hazardous material”

• Division of Water Resources• - NPDES permit required for onsite disposal to surface water• - stormwater disposal through local municipality• - wastewater treatment plants may receive locally generated water

Release Detection Equipment Operability

• Action: Annual testing of electronic and mechanical release detection components

• Tank Owner Responsibility: Maintain the three previous annual tests of electronic and mechanical release detection components.• Automatic line leak detector function testing• All IM tank and sump sensors testing• Automatic tank gauge and other controllers- test alarm; verify system

configuration; test battery backup• Probes- inspect for residual buildup; ensure floats move freely; ensure shaft is not

damaged; ensure cables are free of kinks / breaks; test alarm operability and communication with controller

• Vacuum pumps and pressure gauges- ensure proper communication with sensors and controller

Release Detection Components to be Tested

ATG Console

IM SensorATG Probe Line Leak Detectors

Monthly/ Annual Walkthrough Inspections

Monthly Walkthrough Inspections

• Action: Monthly Walkthrough inspections of spill prevention equipment and release detection equipment every 30 days.

• Tank Owner Responsibility: Maintain records of monthly walkthrough inspections conducted every 30 days, records must consist the following:– Inspect spill prevention device (spill bucket) for liquid, debris, and damage.– Visually inspect the tank fill riser drop tube and flapper valve (if present) for

damage or obstructions.– Operation of release detection equipment, – Presence of alarms or other unusual operating conditions.– Ensure monthly release detection records are reviewed and current.

Monthly walkthroughs must be conducted by October 13, 2021, and maintained a minimum of 12 months.

Monthly Walkthrough Inspections- Spill Prevention

Every 30 days:

Inspect each Spill Bucket• Remove liquid or debris• Check for cracks or damage• Remove fill pipe obstructions• Inspect fill cap for proper fitting and

gasket, and the fill cap does not touch the spill bucket lid.

• Record results on Division form or in a format pre-approved by the Division

Monthly Walkthrough – SIR Release Detection

Every 30 days: Inspect Release Detection Records

Statistical Inventory Reconciliation (SIR):

- Review data and accuracy of daily fuel level readings- Check tank Monthly for water (water finding paste)- SIR Reports received every 30 days from vendor - Review results and report suspected releases

Monthly Walkthrough – ATG Release Detection

Every 30 days: Inspect Release Detection Equipment and Records

Automatic Tank Gauge (ATG)– No alarms or unusual operation conditions– Review monthly release detection results– Report all suspected releases– Conduct a static test if no monthly result is

available.

Monthly Walkthrough- IM Release Detection

Every 30 days: Inspect Release Detection Equipment and Records

Interstitial Monitoring (IM)– Check monthly sensor status and Alarm

reports– All sensors normal, no alarms– Document alarms and response to alarms on

monthly inspection form– Report all suspected releases

Walkthrough Inspections- Requirements

Must be conducted in accordance with one of the following:

1. Device manufacturer’s instructions

2. Nationally recognized practice (PEI)

3. Format established by the Division (New Form FINAL CN-2544)

Annual Walkthrough Inspection

• Action: Annual Walkthrough Inspection• Tank Owner Responsibility: Annual walkthrough inspections are conducted

once every 12 months and consist of the following:

• Sumps: Visually check for damage, leaks to the containment area, or releases to the environment. (Contained and non-contained Dispenser, STP and Transition sumps)

• Remove liquid (in contained sumps) or debris.• For double walled sumps with interstitial monitoring, check for a leak in the interstitial

area. • Check hand held devices such as tank gauge sticks for operability and serviceability.

Annual Walkthrough Components to be inspected

Gauging Stick (SIR)

Contained STP SumpUncontained STP Sump

Contained Dispenser Sump

Uncontained Dispenser Sump

Walkthrough Inspections- Recordkeeping

Maintain monthly and annual walkthrough inspection records for one (1) year, including:

1) A list of each area checked

2) If each checked area was acceptable or needed action taken

3) Description of actions taken to correct an issue

4) Delivery invoices if spill buckets are checked less than every thirty (30) days due to infrequent deliveries.

General Record Keeping1. 12 months of monthly tank leak detection results2. Annual Line Leak Detector test results*3. Annual Release Detection Equipment Operability testing results* 4. Annual Line Tightness Test or 12 months of piping monthly monitoring results5. 12 months of Monthly Walkthrough inspections6. Annual Walkthrough inspection conducted in the last 12 months. 7. Spill Bucket integrity test conducted in the last 3 years8. Overfill functionality test conducted in the last 3 years9. Sump integrity test conducted in the last 3 years (IM on pressurized piping only)10. Corrosion Protection (CP) Test conducted in the last three years and previous 3 years CP Test

(If required)11. 60 Day Impressed Current CP System Rectifier Log (most recent three inspections)12. Non safe suction triannual line tightness test results must be kept for at least 3 years.

13. Records of all leak detection system maintenance, service, or repairs 1 year from date of repair

* Required to keep the last three years records beginning October 13, 2021.

Compatibility

• Action: UST systems used to store regulated substances blended with greater than 10% ethanol or greater than 20% biodiesel must comply with requirements for fuel compatibility.

• Tank Owner Responsibility: Notify the Division 30 days prior to storing biofuels greater than 10% ethanol or 20% biodiesel. Provide documentation showing compatibility of all UST system components including tank, piping, containment sumps, pumping equipment, release detection equipment, spill equipment, and overfill equipment.

2018 Rule Change: USTs for Emergency Generators

All emergency generators are required to begin performing

tank and piping release detection by October 13, 2021.

*Safe suction piping does not require piping release detection*

USTs for Emergency Generator Systems – General Updates

Please Contact your local Field Office with any questions regarding your Emergency Generator requirements.

EPA Guidance for Emergency Generator Release Detection

Currently in development

Changes to NFPA code for EGT- no leak detectors for pressurized piping

Division’s Dual Purpose/Emergency Generator Subcommittee will develop guidance

Temporarily Out of Service (TOS) USTs - UpdateDefinition: A UST system is empty when all materials have been removed using commonly employed

practices so that no more than one-inch (1”) of residue remains in the system.Current TOS Requirements:

– Cathodic protection system (if present) must remain operational which includes:• The two most recent 3 Year Cathodic Protection tests.• Three most recent 60 Day Rectifier Readings (impressed current).

– If TOS more than 3 months, pumps, lines, manways and ancillary equipment must be secured.

– If the TOS UST system is empty, no monthly release detection is required.– Release detection must be performed when greater than one-inch is in the UST system.

New Additional TOS Requirements as of June 15, 2021:– TOS UST systems are required to have spill and overfill prevention equipment installed. – If TOS UST system is empty, the three-year spill and overfill device testing is not required.– Three-year spill and overfill device testing is required when greater than one-inch is in the

UST system.

Petroleum Underground Storage Tank Fund

• The UST fund was established to help tank owners afford the remediation cost of petroleum releases.

• Monetary funding:– Annual tank fees ($125 per yr. per tank or tank compartment)

• Tank Fees have been suspended from July 1, 2021 to June 30, 2026

– Environmental assurance fee of four tenths of one cent (0.4¢) per gallon on each gallon of petroleum products imported into Tennessee and petroleum products manufactured in Tennessee

• The fund reimburses up to $2 million dollars for a release and up to $1 million dollars for third party damages.

• To date, the fund has paid out over $344 million in cleanup costs.• As of June 15, 2021, the Fund entry level (“deductible”) is now based upon:

– Operational compliance status at the time of the release– Criteria of release detection technology and type of UST system construction

New Fund Reimbursement Requirements If a tank owner/operator Fails to: 1. Timely submit a Fund Eligibility application. O/O will not receive

reimbursement. Application deadlines are spelled out under statute T.C.A. §68-215-111(f)(7).

2. Submit records demonstrating operational compliance a higher fund deductible may apply.

Thank you for your participation

• Dustin Turner– (423) 500-8157– Dustin.turner@tn.gov

• Don Taylor – (423) 309-1599– Don.Taylor@tn.gov

Any Questions or Comments on the New Rules?