When deciding whether to install underground or aboveground storage tanks for petroleum or hazardous substance storage, or when managing the daily tank operations, you need to consider the very different regulations related to ASTs and USTs.
These tips will help you make informed decisions related to USTs or ASTs storing petroleum or hazardous substances.
Tip #1: Check with Your State
These suggestions are based on federal regulations, and states and territories (but not Indian lands) are free to impose more stringent requirements. Therefore, before you follow these suggestions, you must confirm their status with your state AST or UST authority.
Some UST owners or operators mistakenly think they can avoid environmental and safety requirements by changing to ASTs. However, ASTs are not regulated under any single federal regulatory scheme, and are generally regulated on the local level by state fire codes and industry standards. In addition, many states have included ASTs in their UST regulatory program.
Tip #2: Know Which Fire Code Applies
At a minimum, most ASTs need to meet state and local fire codes. Most states follow one of the major national model fire codes, but may not be using the most recent edition of the code. Make sure you know which edition of the model fire code is being used.
Current editions of major codes establish criteria for the equipment required, level of fire resistance, and separation of the tank from buildings and property lines. Each model code, state, or local jurisdiction varies regarding definitions, minimum separation distances, tank sizes, or limitations imposed. However, a typical tank separation distance from a building is 50 feet on a 1-acre site, with reduced distances for smaller sites.
Tip #3: Tanks Storing Hazwaste Follow Different Rules
Different sets of federal rules regulate tanks. To determine which set applies, you need to know whether the substance being stored or treated in the tank is a hazardous waste, a petroleum product, or a hazardous chemical.
Federal laws that regulate ASTs include the Clean Water Act, the Oil Pollution Act, the Clean Air Act, and the Resource Conservation and Recovery Act (RCRA).
EPA established UST regulations under RCRA Subtitle I. USTs that store hazardous substances identified under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are subject to the same requirements as petroleum UST systems except that hazardous substance tanks must have secondary containment.
Tanks that store hazardous waste are regulated under RCRA Subtitle C and are therefore not covered by the federal UST regulations.
Tip #4: Know if Federal UST Regulations Apply to You
EPA's UST regulations apply to any person who owns or operates a UST or a UST system. Covered USTs are those that:
- Contain a regulated substance
- Have at least 10 percent of volume (including piping) underground
- Have a capacity greater than 110 gallons
Federal rules exempt certain groups of tanks from the definition of a UST. Some exemptions are full and some are partial. Partially exempt facilities must comply with only release reporting, corrective action, and financial responsibility standards.
Tip #5: Recognize When a Release Occurs
Releases from UST systems can originate from one or more system components, including tanks, piping, and pumps, as well as from spills and overfills. A release includes visual or analytical verification, a failed line, or a failed tank tightness test.
Since most of the UST components are buried, methods other than sight and smell must be used to determine if a leak has occurred. Warning signals include:
- Unusual operating conditions such as erratic behavior of the dispensing pump
- Results from leak detection monitoring and testing
- Reports from fuel delivery drivers
- Complaints from neighbors about vapors in their basements or about water that tastes or smells like petroleum
Tip #6: Follow Release Reporting Requirements
You must immediately report UST hazardous substance spills that meet or exceed their reportable quantities to the National Response Center at 800-424-8802. State authorities must be notified within 24 hours.
If the spill or overfill is smaller than its reportable quantity and is immediately contained and cleaned up, it does not have to be reported.
Tip #7: Keep Repair Records
A leaking UST may be repaired if standard industry practices are followed. After completion of the repair, the tank must be tested within 30 days. A cathodically protected tank must be tested within 6 months of repair.
Damaged metal pipes may not be repaired and must be replaced. However, a loose pipe may be tightened. Fiberglass-reinforced plastic pipes may be repaired in accordance with manufacturer's instructions or national standards if tested within 30 days.
Tip #8: Use Smaller Tanks for Used Oil
Used oil rules are based on the presumption that the used oil will be recycled. To simplify leak detection requirements for the piping on USTs, use a 1,000-gallon or smaller tank for collecting used oil.
Tip #9: Follow Procedures for Changing the Contents of a UST
A change in the contents of a UST to an unregulated substance (such as water) is considered a change in service. Before implementing a change in service, you must:
- Notify authorities at least 30 days before beginning a change in service.
- Clean the tank, removing all liquid and accumulated sludge.
- Conduct a site assessment as provided in 40 CFR 280.72.
- If contamination is discovered, take corrective action.
If no contamination is discovered, or after corrective action is complete, the tank may be refilled with unregulated substance.
Tip #10: Double Up on Spill Responsibilities
Spill prevention, control, and countermeasure (SPCC) regulations apply to non-transportation-related facilities with a total aboveground oil storage capacity of more than 1,320 gallons, or USTs with an oil storage capacity of more than 42,000 gallons.
If possible, have more than one person at your facility who is familiar with spill prevention and response procedures. This enables you to have backup protection to account for vacations, sick time, and other absences.
Bonus Tip: Check with Your State
This bears repeating any time you are dealing with federal regulations. State and local authorities have the option to be stricter in many cases. The stricter regulation always applies.