Petroleum Storage Tanks – Program Updates Becky Costigan Small Business and Local Government Assistance 713-767-3693 Rebecca.Costigan@tceq.texas.gov

Agenda UST Regulations Overview State Program Approval (SPA) 2015 Federal Rule Changes Rule Making Process and Progress

EPA UST Rules Overview Overview & Timeline 1988: EPA adopts initial rules requiring Leak detection Spill/overfill prevention Cathodic protection 11/18/11: Draft Released for Comment 4/19/12: Comment Period Closed after Extension 4/2012-9/2014: Comments Considered, Final Regulations Drafted 4/30/15: OMB Interagency Review Completed 6/2015: Publish to Federal Register may want to add date for state rules being submitted to EPA for SPA.

State Program Approval Texas has State Program Approval (SPA) along with 38 other states 3 years to approve new regulations Deadline is 10/13/2018 Owners and operators must continue to follow state requirements 40 CFR 281

Federal Rule Changes: Operator Training Owners and operators must designate an A, B, and C operator for each facility Retraining may be required for significant noncompliance Keep list of operators available Texas – required since 2012 Texas has required operator training since August 8th, 2012. The operator training rule became effective March 2011. Operator training must renewed every 3 years. Operator training certificates should be submitted with the annual registration/self certification form

Federal Rule Changes: Secondary Containment Required for new and replaced USTs Required if replacing more than 50% of the piping or system Texas - 35% Under dispenser containment systems (UDC) *UDC is required if moving the dispenser or replacing the entire dispenser. UDC required in Texas since 1-1-09

Federal Rule Changes: Operation and Maintenance Walk through inspections Every 30 days Spill and overfill equipment Release detection equipment (Texas – 60 day sump inspection, 60 day spill bucket inspection) AND Inspected annually Containment sumps Hand held release detection 30 TAC 334.45 (d) Texas: If used for release detection: Inspect Sumps, spill buckets, and UDCs visually once a year. Check for liquid and debris; check for damage, leaks, or releases

Federal Rule Changes: Operation and Maintenance Liquid tightness test for spill bucket Every 3 years OR Double walled spill bucket Periodic interstitial monitoring Section IV B.2 This is not currently in Texas rules

Federal Rule Changes: Operation and Maintenance Overfill inspections Inspect every 3 years Must be set at the appropriate height And activate when the regulated substance reaches that height Remove drop tubes to verify the valve is operations. Verify that the float will activate the alarm.

Federal Rule Changes: Flow Restrictors No more flow restrictors in vent lines when overfill prevention is installed or replaced Over pressurized and ineffective/dangerous Only need to replace ball floats if they are defective. Fed rules require no new ball float valves

Federal Rule Changes: Operation and Maintenance Containment sumps used with piping interstitial monitoring Tested every 3 years OR Double walled containment sumps Periodic interstitial monitoring Section IV B.4

Federal Rule Changes: Operation and Maintenance Release Detection Components Test annually Includes: ATGs Line leak detectors Probes Hand-held electronic sampling equipment Last Bullet: associated with GW & Vapor monitoring

Federal Rule Changes: Deferrals Emergency Generators must conduct release detection Texas has required this since 1989 New subpart K with partial exclusion Field-constructed tanks Airport hydrant systems Waste water tanks Required to comply after October 2015. Emergency: Emergency generator tank systems installed on or before April 11, 2016, except for emergency generator tank systems with safe suction piping, when 50% or more of a single-walled piping run is removed, and other piping is installed, the entire piping run must be upgraded to double-walled pipe with interstitial monitoring. (Texas 35%) Emergency generator tank systems installed after April 11, 2016, must be secondarily contained and meet release detection requirements by using interstitial monitoring (Texas since 2009) No longer deferred; need to meet release detection and release reporting requirements (Texas already regulates Emergency tanks) Airport hydrant fuel distribution systems must meet federal release reporting requirements, release detection requirements, must submit a one-time notification of existence to the implementing agency at which time financial responsibility must be demonstrated. Walkthrough inspections of airport hydrant fuels distribution systems must include inspection of hydrant pits for visual damage, leaks, and liquid or debris to be removed. In addition, hydrant piping vaults must be inspected for leaking pipes. Field Constructed tanks: Piping associated with field-constructed tanks less than or equal to 50,000 gallons must meet the secondary containment requirements when it becomes necessary to replace the existing piping. Must meet release reporting requirements, release detection requirements. Texas rules have treated wastewater treatment tanks this way since 1989

Federal Rule Changes: Internal Lining No more internal lining as sole method for corrosion protection This will not be an issue in Texas as we didn’t allow it in the 1989 UST rules.

Federal Rule Changes: Notification Notify EPA: Change of ownership One time notification for: Field constructed tanks Airport hydrant tanks Texas required notification of ownership changes in 1989

Federal Rule Changes: Compatibility Notify 30 days prior to changing regulated substance if: Greater than 10% ethanol Greater than 20% biodiesel Must demonstrate tank compatibility: Accredited Lab testing Equipment manufacturer Keep records Keep records during the entire time the tank has this type of regulated substance

Federal Rule Changes: Repairs Test within 30 days of repairs to: spill and overfill secondary containment A repair includes actions taken to restore equipment that has caused a release or is not operating properly

Federal Rule Changes: Vapor and Groundwater Monitoring Allows continued use of Vapor and Groundwater monitoring Maintain site assessment

Federal Rule Changes: Release Reporting Interstitial alarms Secondary containment testing for tanks and piping for release investigation and confirmation Closure is an option if system test confirms a leak Transitioning to Rulemaking process

Texas UST Rulemaking Process TCEQ Rulemaking Process Public Participation

Texas UST Rulemaking Process Proposed Draft Staff proposes to open rule chapter and begins drafting rules Stakeholder Meeting Agency may schedule an initial stakeholder meeting to request input Rules not proposed yet, but can discuss federal rule changes and stakeholder concerns Draft Review Agency proposes draft rules for review -Stakeholder meeting is May 23, 2017 -Rule drafting will start June 2017 Proposed Draft – Staff proposes to open rule chapter and begins drafting rules. Stakeholder meeting – Agency may schedule an initial stakeholder meeting to request input and rules not yet proposed but can discuss federal rule changes and stakeholder concerns. Draft Review – Agency proposes draft rules for review.

Texas UST Rulemaking Process Comment Period Comment period to receive official input from stakeholders and public Final Rule Proposed Final rule language proposed Commission Adoption Commission adopts final rules Comment Period: After draft proposal, the comment period begins to receive official input from stakeholders and public. This 30 day comment period is set to start on October, 6 2017. The Agency will also hold a public hearing to request comments. This is set for the week of November 6, 2017. Agency staff cannot answer questions or comment during hearing, but can informally answer questions before and after hearing Comments: Staff will review comments and may make changes based on comments received during comment period The last step is for the Commission to adopt the final rule. This should be around Mid-March 2018. The effective date will be 20 calendar days after the adoption is filed with the Texas Register. Comment period allows the public to give official input on rules. TCEQ considers comments when drafting the final rule language. That rule is this proposed for adoption at the Commission agenda.

Texas UST Rulemaking Process TCEQ encourages participation in the rules process Provide input when rules are open for comments May Stakeholder meeting should be scheduled May 23, 2017 Comments due by June 2, 2017 Agenda for adoption scheduled March 2018 See handout (GI-418) Other useful info:  As I understand the process, after adoption we have a period of time to actually implement the rule changes.  Right now, for most situations where facilities would have to begin doing something new that they weren’t required to do before (new rules), we’re proposing a January 1, 2020 date when they’d have to begin doing this new thing.  This date is written into the rule text in those places.  For rule changes and modifications, they become effective when the rules published in the register. TCEQ Overview & Timeline 1/2017 thru 5/2017 Texas drafting rules 5/2017 Publish notice for stakeholder meeting 5/2017 Stakeholder meeting 6/2017 Comments due and the program drafts the rule 6/14/2017 Sends completed rule, preamble, and draft information to Budget and Planning 6/28/2017 Prepare Executive Summary 9/01/2017 Send to Chief Clerk’s Office 10/06/2017 Published with Texas Register and 30 day comment period begins 11/6/2017 Public Hearing 11/6/2017 Comment period closes 11/2017- 2/2018 Program responds and incorporates comments and sends final documents for review 03/2018 Agenda for adoption by the Commission Effective data – 20 calendar days after filing

Small Business and Local Government Assistance Questions? Becky Costigan Small Business and Local Government Assistance 713-767-3693 Rebecca.Costigan@tceq.texas.gov