UST Rule Updates

​Title: West Virginia: Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference
Docket #: EPA-R03-UST-2020-0205
Link to the Federal Register: https://www.federalregister.gov/documents/2020/09/11/2020-17345/final-approval-of-state-underground-storage-tank-program-revisions-codification-and-incorporation-by

Summary

Pursuant to the Solid Waste Disposal Act of 1965, as amended (commonly known as the Resource Conservation and Recovery Act (RCRA)), the Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the State of West Virginia’s Underground Storage Tank (UST) program submitted by West Virginia (West Virginia or State). This action also revises the address of EPA’s Region 3 office. This action also codifies EPA’s approval of West Virginia’s state program and incorporates by reference (IBR) those provisions of West Virginia’s regulations and statutes that we have determined meet the requirements for approval. The provisions will be subject to EPA’s inspection and enforcement authorities under sections 9005 and 9006 of RCRA Subtitle I and other applicable statutory and regulatory provisions.

Dates

This rule is effective November 10th, 2020, unless EPA receives any significant negative comment opposing this action by October 13th, 2020.

New UST Rule (2018)

In 2015 EPA finalized the first significant changes to the federal UST regulations since 1988. The changes establish federal requirements that are similar to key portions of the Energy Policy Act of 2005 such as secondary containment, operator training, and delivery prohibition which had been in effect in West Virginia since July 1, 2008. In addition, EPA added new operation and maintenance requirements and addressed UST systems deferred in the 1988 UST regulation. The new federal changes include, but are not limited to:

• Adding secondary containment requirements or new and replaced tanks and piping
• Adding operator training requirements
• Adding periodic operation and maintenance requirements for UST systems
• Adding requirements to ensure UST system compatibility before storing certain biofuel blends
• Adding UST system testing requirements such spill bucket and operability testing
• Prohibiting the use of ball floats
• Removing past deferrals for emergency generator tanks, airport hydrant systems, and field constructed tanks
• Updating codes of practice
• Making editorial and technical corrections

For the most part, secondary containment, operator training, and delivery prohibition that first became effective in West Virginia since July 1, 2008 remains largely unchanged. WV Legislative Rule 33CSR30 ("the Rule") was updated to incorporate the federal regulations and became effective on June 1, 2018. A major difference is that starting on October 13, 2018, . the Class A/B Operator can train their Class C Operators.

Additional Information

The following documents may be useful to the tank owner/operator in obtaining and maintain compliance with the new UST regulations.

• WVUST Rule (33CSR30)

  This legislative rule governs the construction, installation, upgrading, use, maintenance, testing, and closure of USTs. The effective date of this rule is June 1, 2018.

• FederalUST Rule (40CFR280)

  This is the federal rule governing underground storage tanks that became effective at the federal level in 2015.

• Must for USTs

  This 36-page booklet summarizes federal UST requirements for installation, reporting, spill and overfill prevention, corrosion protection, release detection, walkthrough inspections, compatibility, operator training, repairs, financial responsibility, release response, and closure.

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• Operating and Maintaining UST Systems: Practical Help and Checklists

  This manual created by EPA contains brief summaries of the federal underground storage tank (UST) requirements for operation and maintenance (O&M), as well as practical help that goes beyond the requirements. Checklists prompt the user to look closely at what kinds of equipment are in use and how to keep that equipment working properly over the lifetime of the UST system. The manual provides recordkeeping forms that also help the UST owner and operator keep equipment operating properly.

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• Release Detection for USTs and Piping: Straight Talk onTanks

  This EPA created booklet provides easy-to-understand descriptions of several release detection methods for tanks and piping, as well as explanations of the regulatory requirements for release detection. Release detection methods include: secondary containment with interstitial monitoring, automatic tank gauging, continuous in-tank leak detection, statistical inventory reconciliation, tank tightness testing with inventory control, manual tank gauging, groundwater monitoring, vapor monitoring, and release detection for underground piping. Secondary containment with interstitial monitoring was first required in West Virginia starting on July 1, 2008. All new installs must be secondarily contained and use interstitial monitoring for leak detection.

• PEI/RP900 - Daily, Monthly, and Annual Inspection Checklists

  Appendices A-1 through A-4 are free downloadable inspection checklist that can be utilized by the tank owner and operator to assist them with compliance at their facility. The monthly PEI/RP 900 inspection may be helpful in meeting the requirements of the monthly walk through inspection for USTs.