UNDERGROUND STORAGE TANK EPA REGION 6 STATE 

MANAGERS & SENIOR INSPECTOR MEETING

Proposed Changes 

to UST Regulations

1
PROPOSED CHANGES TO UNDERGROUND STORAGE 

TANK REGULATIONS

Formal Activities Related 

to Determining What 

Changes Changes to make in the 

Current Federal UST 

Regulations were 

initiated in Early 2009

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INPUT SOLICITED

FROM

PROPOSED CHANGES TO UNDERGROUND STORAGE 

TANK REGULATIONS

WIDE VARIETY OF

STAKEHOLDERS

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ASSOCIATIONS 

REPRESENTING:

PROPOSED CHANGES TO UNDERGROUND STORAGE 

TANK REGULATIONS

Tank Owners

Manufactures

Installers

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GOVERNMENTAL

ENTITIES & OTHERS

PROPOSED CHANGES TO UNDERGROUND STORAGE 

TANK REGULATIONS

Local Governments Tribes

Federal Facilities States

Environmental Groups Defense Dept

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REGULATION WORKGROUP

(~22 members)

Worked on Proposed Regulations

PROPOSED CHANGES TO UNDERGROUND STORAGE 

TANK REGULATIONS

Worked on Proposed Regulations

Proposed Regulation was Published in 

Federal Register (FR) on 11-18-11.

Comment Period Closes 04/16/12

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REGULATION WORKGROUP

Reconvene to Respond to Comments 

and Develop Final Regulations in April or 

May timeframe

PROPOSED CHANGES TO UNDERGROUND STORAGE 

TANK REGULATIONS

May timeframe

Process Expected to Take Approximately 

One (1) Year.

Final Regulations Expected Spring or 

Possibly Summer of 2013

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Summary of Items in Proposed 

Regulation

PROPOSED CHANGES TO UNDERGROUND STORAGE 

TANK REGULATIONS

Energy Policy Act Requirements

Remove deferral for:

Several previously deferred Systems

Additional monthly, annual and triennial 

checks/tests

Corrections and update of rule

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ENERGY POLICY ACT REQUIREMENTS 

IN PROPOSAL

PROPOSED CHANGES TO UNDERGROUND STORAGE 

TANK REGULATIONS

Operator 

Training

Secondary 

Containment

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Remove Deferrals for Certain 

Requirements

PROPOSED CHANGES TO UNDERGROUND STORAGE 

TANK REGULATIONS

Emergency Generator Tanks

Airport Hydrant Systems

Field Constructed Tanks

Wastewater Treatment Tanks

10
Addition of Operation and Maintenance 

Requirements to Ensure Proper Operation 

Walk-through inspections on periodic 

timeframe-possibly monthly

PROPOSED CHANGES TO UNDERGROUND STORAGE 

TANK REGULATIONS

timeframe-possibly monthly

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Stick in Fill Tube
Addition of Actual Functionality Testing to 

Ensure Proper Operation (O&M)

Spill bucket and overfill testing 

proposal is – annually and every 3 years, 

respectively 

PROPOSED CHANGES TO UNDERGROUND STORAGE 

TANK REGULATIONS

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ATG system functionality, ATG probe 

functionality, line detector function tests, 

test annually

Interstitial integrity testing of tanks, piping, 

and sumps every 3 years (Not required for 

tanks & piping if continuous monitoring or for 

sumps with continuous monitoring & double 

walls.)
RECORDS

Facility will be required to maintain records 

of walkthroughs and findings, noting items 

checked and any problems found and what 

PROPOSED CHANGES TO UNDERGROUND STORAGE 

TANK REGULATIONS

checked and any problems found and what 

action was taken.

Must maintain records for 1 year in 

proposal

Must maintain Operation and Maintenance 

records previously discussed for 3 years.

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COMPATABILITY of COMPONENTS

Facility will be required to maintain 

records of compatibility of all components 

used in UST Systems for systems with 

PROPOSED CHANGES TO UNDERGROUND STORAGE 

TANK REGULATIONS

used in UST Systems for systems with 

greater than 10% ethanol or greater than 

20% biodiesel and any other substance 

designated by the agency. 

Records must be maintained for the life of 

the equipment/component.

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COMPATABILITY

Facility will also have to maintain records 

of all new and replaced equipment and 

components regardless of tank contents.

PROPOSED CHANGES TO UNDERGROUND STORAGE 

TANK REGULATIONS

components regardless of tank contents.

Records also must be maintained for the 

life of the equipment/component.

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METHODS AND EQUIPMENT BEING 

PHASED OUT

Release Detection Methods Being Eliminated: 

(proposal requires replacement within 5 years)

PROPOSED CHANGES TO UNDERGROUND STORAGE 

TANK REGULATIONS

Ground-water Monitoring 

Vapor Monitoring

Overfill: (for new and if failure)

Ball float valves in Vent lines not allowed

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Update/Corrections to Regulation 

Addition of new release detection 

methods: SIR (clarify requirement), 

CITLD and Interstitial monitoring

PROPOSED CHANGES TO UNDERGROUND STORAGE 

TANK REGULATIONS

CITLD and Interstitial monitoring

Require Notification of Ownership change

Remove references to 1998 deadline

Other Technical and Editorial changes

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STATE REGULATORY CHANGES 

State Program Approval (SPA) 

State must revise their State regulations to 

account for changes in EPA UST Regulations

Prior to submittal to EPA has to undergo 

PROPOSED CHANGES TO UNDERGROUND STORAGE 

TANK REGULATIONS

Prior to submittal to EPA has to undergo 

Public Comment

A 3 year timeframe is provided in the 

proposal for states to submit application

After submittal of a complete package to 

EPA, EPA has 180 days to make decision. 

(this is not new, current requirement) 

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Commenting on REGULATION

Comment Period now Open until April 16

Comments can be submitted on internet, 

PROPOSED CHANGES TO UNDERGROUND STORAGE 

TANK REGULATIONS

Comments can be submitted on internet, 

by email, by mail or can be hand 

delivered to EPA during normal 

business hours

Details available in Proposed Regulation 

on page 71708 19
Commenting on REGULATION

The Docket Number is:

PROPOSED CHANGES TO UNDERGROUND STORAGE 

TANK REGULATIONS

EPA-HQ-UST-2011-0301

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Commenting on REGULATION

On Internet at: http://www.regulations.gov

By email: mcdermott.elizabeth@epa.gov

PROPOSED CHANGES TO UNDERGROUND STORAGE 

TANK REGULATIONS

By email: mcdermott.elizabeth@epa.gov

By mail: EPA Docket Center (EPA/DC) 

Docket ID no. EPA-HQ-UST-2011-030 

Mail Code 2822T 

1200 Pennsylvania Ave. NW 

Washington, DC 20460

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Commenting on REGULATION

Hand carry to:

EPA Docket Center (EPA/DC) 

PROPOSED CHANGES TO UNDERGROUND STORAGE 

TANK REGULATIONS

EPA Docket Center (EPA/DC) 

EPA West room 3334

1301 Constitution Ave. NW

Washington, DC 20460 

Attention Docket ID No.

EPA-HQ-UST-2011-0301

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Contact for Further Information

Elizabeth McDermott, OSWER/OUST (5401P)

Environmental Protection Agency

PROPOSED CHANGES TO UNDERGROUND STORAGE 

TANK REGULATIONS

Environmental Protection Agency

1200 Pennsylvania Avenue, NW

Washington, DC 20460 

Telephone number: (703) 603-7175

Email: mcdermott.elizabeth@epa.gov 23