Issue link: https://read.dmtmag.com/i/293496
11 Oil Prophets This is not an April Fool's Day joke. There really are changes to the Alabama Underground Storage Tank (UST) Regulations that are effective April 1, 2014. No UST owner or operator is likely to be affected by all of these changes, but most will be affected by a couple of these changes. So, if you are a tank owner or operator, you will want to check out the following regulation changes to see which ones apply to you. The UST regulation change that will affect most UST owners and operators is the new requirement to submit all test results required by the regulations (cathodic protection, line, tank, spill catchment basin, leak detector) within 30 days of completing the test, or if applicable, another time frame directed by ADEM. Prior to this change, the Department was only able to require a test to be submitted by a certain date if the Department asked directly for the test. Another regulation change will affect virtually all UST owners and operators who test their own spill buckets and the testing companies who test them. This change requires the test to be performed in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory. The only national code of practice for these tests is PEI RP 1200-12 "Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities." This may sound like a big change, but the only difference between the PEI "Hydrostatic Test Method" on pages 11 and 12 of the RP and the previous ADEM regulations is that the liquid level is only allowed to drop 1/8" during the test instead of 1/4". ADEM regulations still allow the "Vacuum Test Method" listed in PEI RP 1200- 12, which is unchanged. A regulation change to the Installation, Closure and Repair (ICR) certification regulations will now allow UST owners and operators who employ an Alabama ICR certified contractor to perform their own installations, closures and repairs to meet pollution financial responsibility requirements using the Alabama Underground and Aboveground Storage Tank Trust Fund; but only when: A Notice of installation or closure • is filed prior to performing installation or closure, All fees are pre-paid, and • The owner is in substantial • compliance with Alabama Underground and Aboveground Storage Tank Trust Fund regulations. Other revisions made to the Alabama ICR certification requirements clarify that adding or inspecting internal linings and repair of fiberglass tanks are not required to be performed by an Alabama ICR certified contractor. UST owners and operators also need to be aware of a regulation change affecting implementation of Delivery Prohibition (DP). Delivery Prohibition will no longer begin at 12 a.m. the Wednesday after the site was added to the ADEM website DP list. Instead, DP will begin upon placement of red tags on the tank fill pipes at the site. The Department will place red tags no sooner than Wednesday morning following the addition of the site to the ADEM website DP list. Shear valves were removed from the definition of "routine maintenance" in an attempt to decrease the chances that they would not operate as designed when needed. This definition has also been clarified by limiting routine maintenance to what can be done without breaking concrete, asphalt, other paved surfaces, or the ground surface. The remaining changes that were made to the ADEM UST regulations are as follows: All sumps are now required to be • inspected annually, not just under dispenser and STP sumps as the regulations previously stated. The manual tank gauging method • of release detection is now limited to use as a stand-alone method on tanks up through 1,000 gallons, where previously this method was also allowed to be used in conjunction with another release detection method for tanks from 1,000 gallons to 2,000 gallons. A grace period of 3 months has • been added to the end of the 3 year cathodic protection tester certification expiration. The regulation change also allows the Department to approve another time period, if warranted. Underground storage tanks • that are brought into temporary closure and are compromised in any way such that they may release a regulated substance are now required to be repaired or permanently closed within 90 days after beginning temporary closure. Line tightness testers are now • required to be certified by the testing equipment manufacturer. This has been an ADEM policy for years, but now is in regulation. After repair or replacement, • spill buckets are now required to be tested. During temporary closure, • spill buckets are not required to be tested. If you have any questions concerning any of these changes to the UST regulations, please contact the ADEM Groundwater Branch at (334) 270-5655. New ADEM UST Regulation Changes Effective April 1, 2014 By Curt Johnson, ADEM Groundwater Branch