1

Topics for ASTSWMO Meeting on August 28, 2012

Below is a list of questions for which it would be helpful to get ASTSWMO’s input. As OUST 

continues to work through the comments to the reg proposal, there will likely be additional 

discussion topics. For our meeting on the 28th, we anticipate discussing the items below with 

you as time allows. If states have data, anecdotal information, reports, etc. that are responsive to 

any of the questions below, please share those documents with us. Please be aware that any 

documentation ASTSWMO provides to OUST will become part of the public record and entered 

into the docket.

 General Program Implementation

o Which states have a certified technician or similar program requirement for 

service providers to provide UST system testing on individual system 

equipment testing (e.g., release detection equipment, spill bucket, overfill 

prevention equipment, interstitial integrity testing)? 

o What do states require for a failed test or defective equipment? Is 

repairs/replacement or otherwise returning the system to proper operation 

implied in state regulations or specifically stated? What has been the 

experience of state inspectors?

o How are states implementing the 30-day release detection monitoring 

requirement? Is there a strict adherence to a 30-day monitoring frequency or 

what allowances are made for owners and operators to meet the requirement?

 New Technologies

o Do states allow technologies that construct a tank within an existing tank to be 

considered a new UST system (as opposed to a modification of an existing 

UST system)? If yes and the existing tank is steel, which states continue to 

require corrosion protection of the existing steel tank if it is not permanently 

closed? 

o Do states instead allow the existing tank to be permanently closed (for 

example, require a site assessment) without removal or filling with a solid 

inert material?

 Spill/Overfill Prevention

o Do states have any data on percent or size of releases from overfill and spill 

bucket failures?

o If no, are states aware of any documented anecdotal reports, new stories, etc., 

that spill bucket and/or overfill prevention failures specifically have led to 

releases?

o Do states have any information regarding how often spill prevention 

equipment and/or overfill equipment is a reason for noncompliance during 

inspections? (Ideally separate info for overfill and for spill prevention.)

o How often do owner/operators replace spill buckets?

o Are states seeing issues with double-walled spill buckets?
2

 Deferrals

o Emergency Generator Tanks (EGT) 

 Are states tracking these systems? Are states being notified when 

these systems are brought into service, as currently required?

 Have states experienced challenges with release detection on these 

systems? If so, how have states addressed these challenges?

 Are any release detection methods prohibited to be used on these type 

tanks? If so why?

o Field Constructed USTs

 Has any state established a specific definition for field constructed 

UST?

 EPA has assumed that all of the field-constructed USTs are owned or 

operated by the DoD. But we have heard from at least one industry

group (EHSCP) that they also own field-constructed USTs. They say

that they have notified states of these tanks. Do any UST state 

programs keep track of these FCTs (versus some other state program 

office)? If so, how many do they believe are non-DoD and who owns 

them?

o Wastewater treatment tanks

 Which state office manages these systems? 

 Do states track these systems? If so, how many do states have?

 Do states inspect them?

 Any know releases from these systems?

 Compatibility

o Are any states actively implementing EPA’s Compatibility Guidance?

o What are state inspectors finding?

o Have states encountered any releases due to incompatibility? If so, what 

equipment was incompatible and what type of fuel was the UST storing?

o Do any states require owners/operators to demonstrate compatibility before 

storing a particular product? If so, what are states finding?

 Interstitial Monitoring Results (including Alarms)

o Do states have any specific policies or guidance pertaining to addressing 

alarms indicating the presence of water? If so, what are they?

o Do states have any specific policies or guidance pertaining to preliminary 

investigations to address a suspected release? These would be actions that 

might negate the need for involving a third party service provider.

o How many UST systems are using secondary barriers (liners around or 

beneath the system) in states?

 Operator Training

o How do states address in-house training conducted by companies? 

Specifically interested in how the verification of training is addressed.
3

o Is there any variance in operator training requirements by type of facility or 

are operator training requirements required uniformly across all type UST 

systems? 

 Ground Water and Vapor Monitoring

o How are states monitoring these and how is it working?

o Are new gw/v monitoring wells going in?

o Are there instances in which gw/v monitoring was in place but missed 

detecting a spill?

o Are these methods allowed for any type of facility or do states only allow 

gw/v monitoring at certain facilities?

 Ball Floats 

o Do states have any (documented) information about operational issues or 

release experience associated with ball floats?

o What percent of USTs in states use coaxial stage I vapor recovery?

o What percentage of USTs in states have non-tight tank tops such that ball 

floats would not restrict flow?

High-through Put Facilities

o How do states implement the 3 gallon per hour within 1 hour performance 

requirement for automatic line leak detectors? Is this enforced as a per hour 

test or does the equipment have to perform some task in the event of a leak 

within the period of 1 hour? 

o What has been state experience with enforcement of the 3 gallon per hour 

performance standard? Does this differ according to facility (e.g., line 

remaining pressurized over short periods of facility closure)?

o Do states allow sump sensors to be used to meet the 3 gallon per hour

performance requirement for automatic line leak detectors? If so, are there 

any special circumstances for their use?