C. CHAPTER-SPECIFIC ROLES AND RESPONSIBILITIES
1. Office of Facilities Engineering and Operations (OFEO), Office of Facilities Maintenance and Reliability (OFMR) or resident Building Manager
2. Operators
3. Office of Safety, Health and Environmental Management (OSHEM)
E. PERFORMANCE STANDARDS FOR UST SYSTEMS
F. GENERAL OPERATING REQUIREMENTS
1. Identification of UST Systems
2. Notification of Installation of Tank Systems
3. Spill and Overfill Protection
4. Corrosion Protection (CP)
5. Release Detection
6. Repairs
7. Compatibility
H. RELEASE REPORTING, INVESTIGATION, AND CONFIRMATION
J. OUT-OF-SERVICE UST SYSTEMS AND CLOSURE
1. When UST systems are temporarily closed
2. When UST systems are permanently closed or a change-in-service occurs
Attachment 1 - Operation and Maintenance of UST System-Practical Help and Checklists
Attachment 2 - Systems: Inspecting and Maintaining Sumps and Spill Buckets - Practical Help and Checklist
1. The Smithsonian Institution (SI) owns and operates nineteen (19) regulated Underground Storage Tank (UST) systems located on eleven (11) facilities in four (4) different states. Each of these tanks contain a regulated petroleum product such as gasoline or diesel fuel for automotive use, #2 fuel oil for use by emergency generators or as back-up fuel for boilers, heating oil or used oil.
2. U.S. Environmental Protection Agency (EPA), defines a UST system as any tank, including all piping associated with the tank system that has at least ten percent (10%) of its volume underground.
3. It is the policy of the SI to operate and maintain all SI owned UST systems in accordance with EPA, state and local regulations and to prevent the release of regulated substances from those systems. It is very important to note that state and local regulatory programs may establish regulations that are more stringent than the Federal requirements specified in 40 CFR 280.
4. This Chapter focuses on Federal regulations that address the notification, operation and maintenance of existing UST systems that are owned by the SI. Federal UST regulations that address the design, construction, and installation of UST systems, will be addressed during the SD 410 review process.
5. However, where state and local regulations, based on Federal regulations are more stringent they must be followed.
6. State and local regulations are not addressed in this Chapter. Operators of SI owned and operated UST systems must be familiar with and comply with the state regulations that affect their location. Internet links to state UST regulations are provided at the end of this Chapter.
B. DEFINITIONS(according to EPA ( 40 CFR 280.12))
1. Underground Storage Tank (UST) system - an underground storage tank, connected piping, underground ancillary equipment, and containment system, if any.
2. Owner - Any person who owns a UST system used for storage, use, or dispensing of regulated substances.
3. Operator - Any person in control of, or having responsibility for, the daily operation of the UST system.
4. Person - an individual, trust, firm, joint stock company, Federal agency, corporation, state, municipality, commission, political subdivision of a state, an interstate body, a consortium, a joint venture, a commercial entity and the United States Government.
5. Release - any spilling, leaking emitting, discharging, escaping, leaching, or disposing from a UST into ground water, surface water or subsurface soils.
6. Spill bucket - contained sumps installed at the fill and or vapor recovery connection points of a UST system to contain drips and spills of fuel that can occur during delivery of fuel.
7. Sump - a subsurface area or pit designed to provide access to equipment located below ground and, when contained, to prevent liquids from releasing to the environment.
C. CHAPTER-SPECIFIC ROLES AND RESPONSIBILITIES
1. Office of Facilities Engineering and Operations (OFEO), Office of Facilities Maintenance and Reliability (OFMR) or resident Building Manager (for facilities without OFMR assigned staff) shall:
a. Designate responsible persons as the Operators of each tank system, per the requirements of the Underground Storage Tank Compliance Act established by the Energy Policy Act of 2005. Three Classes of Operators are required:
1. Class A: Person having primary responsibility for on-site operation and maintenance of the underground storage tank systems.
2. Class B: Persons having daily on-site responsibility for the operation and maintenance of underground storage tank systems.
3. Class C: Daily, on-site employees having primary responsibility for addressing emergencies presented by a spill or release from an underground storage tank system.
b. Ensure that an adequate budget is provided for personnel, equipment, materials, training, and monitoring required to comply with UST operating requirements.
c. Ensure that all designated UST Operators are trained as required by Federal and state UST regulations.
d. Ensure that Office of Safety, Health and Environmental Management (OSHEM) is notified at the design phase of new UST systems. OSHEM will provide guidance based on regulations established by the EPA and State and local authorities.
a. Comply with the requirements of this Chapter, the federal regulations and state and local regulations pertaining to the operation and maintenance of UST systems.
b. Act as the person in control of the UST system(s).
c. Be responsible for the daily operation of the UST system(s).
d. Ensure that Federal, state and local permits required for installation and/or operating UST systems are applied for and obtained.
e. Ensure that notification forms for UST systems are completed and forwarded to the appropriate federal or state agency as required.
f. Ensure that an accurate inventory of UST systems on each facility is maintained and a copy forwarded to OSHEM.
g. Ensure that data elements in the inventories are updated to reflect significant changes in the UST condition, especially at critical points during the useful life of each UST (e.g., when upgraded or repaired, if a release occurs, at closure, etc.).
h. Ensure that only qualified personnel conduct inspection and maintenance activities.
i. Ensure each regulated UST system is monitored at least every 30 days for release detection.
j. Ensure that documentation of each UST system release detection monitoring is maintained for one (1) year and is readily available for review by regulators.
k. Ensure that each UST system is routinely calibrated, operated and maintained in accordance with the manufacturer's instructions.
l. Ensure that calibration and routine maintenance is conducted by a certified or licensed UST contractor.
m. Ensure that documentation of all calibrations and maintenance of UST systems are maintained for one (1) year and is readily available for review by regulators.
n. Ensure that documentation of product inventory requirements are met as required by Federal, State and local UST regulations.
o. Ensure that transfer (filling) operations are monitored to ensure that spilling or overfilling does not occur.
p. Ensure that Spill Prevention Control and Countermeasures (SPCC) plans are prepared where required.
q. Ensure that OSHEM is notified immediately for any of the following conditions:
(1) Discovery of a release of a regulated substance at the UST site or in the surrounding area
(2) When unusual operating conditions or observed (e.g., erratic behavior of product dispensing equipment, the sudden loss of product from the UST system, or an unexplained presence of water in the UST)
(3) When monitoring results from a release detection method indicates that a release may have occurred.
r. Ensure that agencies having jurisdiction are notified within 24 hours for any of the above-mentioned conditions.
s. Maintain all records and reporting requirements, specified in this Chapter, for the UST system(s) assigned to them.
t. Maintain records of initial and recurrent Operator training as required by Federal and state regulations.
3. Office of Safety, Health and Environmental Management (OSHEM) shall:
a. Provide technical assistance, for compliance issues, to the Operators of the SI UST systems.
b. Accompany operators of SI UST systems during compliance inspections by agencies having jurisdiction.
1. Three classes of operators have been established by EPA and identified as Class A, Class B, and Class C. Each underground storage tank system or group of underground storage tank systems at a facility must have a Class A, Class B, and Class C operator designated. All individuals designated as a Class A, B, or C operator must, at a minimum, be trained according state specific guidelines. Separate individuals may be designated for each class of operator or an individual may be designated to more than one of the above operator classes. An individual who is designated to more than one operator class must be trained in each operator class for which he or she is designated. Because an individual may be designated for more than one operator class, states may allow a training approach that encompasses training for more than one operator class.
a. A Class A operator has primary responsibility to operate and maintain the underground storage tank system. The Class A operator's responsibilities include managing resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements. In general, this individual focuses on the broader aspects of the statutory and regulatory requirements and standards necessary to operate and maintain the underground storage tank system (i.e., 40 CFR 280 or requirements of a state underground storage tank program approved by EPA under SWDA Section 9004). For example, this individual typically ensures that appropriate individual(s):
1. Properly operate and maintain the underground storage tank system.
2. Maintain appropriate records.
3. Are trained to operate and maintain the underground storage tank system and keep records.
4. Properly respond to emergencies caused by releases or spills from underground storage tank systems at the facility.
5. Make financial responsibility documents available to the underground storage tank implementing agency as required.
At a minimum, the Class A operator must be trained in the following:
A general knowledge of underground storage tank system requirements so he or she can make informed decisions regarding compliance and ensure appropriate individuals are fulfilling operation, maintenance, and recordkeeping requirements and standards of 40 CFR 280 or requirements and standards of a state underground storage tank program approved by EPA under SWDA Section 9004 regarding:
a. Spill prevention
b. Overfill prevention
c. Release detection
d. Corrosion protection
e. Emergency response
f. Product compatibility
g. Financial responsibility documentation requirements
h. Notification requirements
i. Release and suspected release reporting
j. Temporary and permanent closure requirements
k. Operator training requirements.b. A Class B operator implements applicable underground storage tank regulatory requirements and standards (i.e., 40 CFR 280 or requirements of a state underground storage tank program approved by EPA under SWDA Section 9004) in the field. This individual implements day-to-day aspects of operating, maintaining, and recordkeeping for underground storage tanks at one or more facilities. For example, this individual typically monitors, maintains, and ensures:
1. Release detection method, recordkeeping, and reporting requirements are met.
2. Release prevention equipment, recordkeeping, and reporting requirements are met.
3. All relevant equipment complies with performance standards.
4. Appropriate individuals are trained to properly respond to emergencies caused by releases or spills from underground storage tank systems at the facility.
Training for the Class B operator, as compare to the Class A operator, will provide a more in-depth understanding of operation and maintenance aspects, but may cover a more narrow breadth of applicable regulatory requirements. States may require either site-specific operator training, which is focused only on equipment used at the underground storage tank facility, or broader training regarding regulatory requirements that, at a minimum, encompass the following:
1. Components of underground storage tank systems.
2. Materials of underground storage tank system components.
3. Methods of release detection and release prevention applied to underground storage tank components.
4. Operation and maintenance requirements of 40 CFR 280 or requirements of a state underground storage tank program approved by EPA under SWDA Section 9004 that apply to underground storage tank systems and include:
a. Spill prevention
b. Overfill prevention
c. Release detection
d. Corrosion protection
e. Emergency response
f. Product compatibility
g. Reporting and recordkeeping requirements.
h. Class C operator training requirements.
c. A Class C operator is an employee and is, generally, the first line of response to events indicating emergency conditions. This individual is responsible for responding to alarms or other indications of emergencies caused by spills or releases from underground storage tank systems. This individual notifies the Class B or Class A operator and appropriate emergency responders when necessary. Not all employees of the facility are necessarily Class C operators. This individual typically:
1. Controls or monitors the dispensing or sale of regulated substances, or
2. Is responsible for initial response to alarms or releases.
At a minimum, the Class C operator must be trained to take action in response to emergencies (such as, situations posing an immediate danger or threat to the public or to the environment and that require immediate action) or alarms caused by spills or releases from an underground storage tank system.
2. States must ensure that Class A, Class B, and Class C operators are trained according to state-specific training requirements by August 8, 2012, which is three years after the date states are required to develop state-specific training requirements. A state may want to establish a schedule for phasing in the training over this time.
3. After August 8, 2012, states must require operators be trained as follows:
a. Class A and Class B operators must be trained within 30 days or another reasonable period specified by the state, after assuming operation and maintenance responsibilities at the underground storage tank system.
b. Class C operators must be trained before assuming responsibility for responding to emergencies.
4. If a state determines an underground storage tank system is out of compliance, appropriate operator(s) must be retrained. States may determine whether both Class A and Class B operators are retrained, or if only one class of operator (either Class A or Class B) is retrained. At a minimum, an underground storage tank system is out of compliance if the system:
a. Does not meet EPA's Significant Operational Compliance requirements for release prevention and release detection measures identified at: http://www.epa.gov/oust/cmplastc/soc.htm ; or
b. Is not in significant compliance with other requirements, such as financial responsibility, as determined by the state.
5. Operators must be retrained within a reasonable time frame established by the state. At a minimum, retraining must include training of the areas determined not in significant compliance. States requiring at least annual operator training that covers all operator class requirements would meet retraining requirements.
E. PERFORMANCE STANDARDS FOR UST SYSTEMS.Owners and Operators of UST systems must meet, as a minimum, the Federal design, construction, installation and notification requirements established by EPA and found in 40 CFR 280.20, for as long as the UST system is used to store regulated substances. This requirement is in place in order to prevent releases due to structural failure, corrosion, or spills and overfills. State and local regulatory programs may have other requirements that are more stringent, and must be considered. All projects that include new UST systems that may be designed, constructed and installed on an SI facility, shall be reviewed by OSHEM for compliance with federal, state and local performance standards and regulations through the SD 410 review process.
F. GENERAL OPERATING REQUIREMENTS
1. Identification of UST Systems and Inventory of associated UST system equipment - An inventory of UST systems and associated equipment shall be developed and maintained at each facility. The inventory shall include information concerning:
a. The location, size, and the composition of the tank.
b. The material stored in the tank.
c. The type of piping used (pressurized or suction) and material composition of the pipes.
d. The method of release detection used.
e. Whether the UST system has corrosion protection, spill and overfill protection; and any other pertinent information regarding the UST system.
f. EPA has provided a checklist for Operators of UST systems to use as a tool to develop the UST inventory. It is included in theOperation and Maintenance of UST System-Practical Help and Checklists document found in Attachment 1.
2. Notification of Installation of Tank Systems -- Federal notification requirements specified in ( 40 CFR 280.22) require that UST system owners submit a notification form to the state or local agency or department designated to receive such notice when a UST system is installed or modified. This form provides information about the UST system, including certification of correct installation. The notification form is periodically updated and only the most recent version of the form should be used. The current notification form is EPA Form 7530-1 (Rev. 9-08) Copies of the notification forms are to be maintained as part of the recordkeeping requirements for the UST system.
3. Spill and Overfill Protection - Proper maintenance of the UST system spill and overfill protection equipment will prevent contamination of soil and ground water.
a. USTs are required to have spill catchment basins, also called spill buckets, at the fill pipe, to contain the drips and spills of fuel that occur when the delivery hose is disconnected from the fill pipe after fuel delivery. Spill buckets shall be:
(1) Kept clean and dry (empty of liquids).
(2) Periodically inspected to remove any debris and to ensure that the spill bucket is still liquid tight.
b. EPA has provided a checklist for Operators of UST systems to use when inspecting and maintaining spill buckets and other sumps associated with the UST systems. It is included in the UST Systems: Inspecting and Maintaining Sumps and Spill Buckets - Practical Help and Checklist document found in Attachment 2.
c. Overfill protection equipment installed on the UST is designed to stop or restrict the flow of product, or alert the delivery person during filling operations before the tank becomes full and begins to release petroleum into the environment. Types of overfill protection include: Automatic shutoff devices, overfill alarms, and ball float valves.
d. Filling operations are to be monitored:
(1) Before,
(2) During, and
(3) After the fuel delivery
EPA has provided a checklist on correct filling practices for the Operator of the UST system to use as a tool when tanks are being filled. It is included in the Operation and Maintenance of UST System-Practical Help and Checklists document found in Attachment 1.
4. Corrosion Protection (CP) UST systems (tank and piping) must meet EPA requirements for corrosion protection ( 40 CFR 280.31). All parts of the UST system that are underground and routinely contain product are to be protected from corrosion.
a. Tanks that are made of fiberglass reinforced plastic (FRP), a non-corrodible material, and pipes that are made of or are completely enclosed by FRP, do not require additional corrosion protection.
b. Tanks and piping made of steel must meet requirements for corrosion protection by adding cathodic protection to the UST system. UST systems that require cathodic protection shall be inspected within 6 months of installation and every three years thereafter, or as specified by state and local regulations.
a. Release detection, also referred to as leak detection or monthly monitoring, shall be provided for all UST systems containing petroleum products/regulated substances. The release detection method(s) must occur at least every 30 days and must meet three basic requirements:
(1) Must be able to detect a leak from any portion of the tank and its piping that routinely contains petroleum;
(2) Must be installed, calibrated, operated, and maintained in accordance with the manufacturer's instructions; and
(3) Must meet the performance requirements specified in40 CFR 280.43 and 280.44
b. Tanks - There are several approved methods that meet the federal release detection requirements for tanks specified in 40 CFR 280.43. All of the regulated UST systems owned by the SI, use Automatic Tank Gauging systems that automatically monitor product level and inventory control in the USTs.
c. Piping - Underground piping that routinely contains regulated substances must be monitored for releases in a manner that meets one of the following requirements:
(1) Pressurized piping must:
(a) Be equipped with an automatic line leak detector that meets requirements in 40 CFR 280.44; AND
(b) Have an annual line tightness test (specified in 40 CFR 280.44(b)) or have monthly monitoring (specified in 40 CFR 280.44(c))
(2) Suction Piping must
(a) Have a line tightness test conducted at least every 3 years (specified in 40 CFR 280.44(b)) OR
(b) Use a monthly monitoring method specified in 40 CFR 280.44(c))
d. If a leak is suspected, OSHEM and the regulatory agency having jurisdiction shall be notified. The entire UST system shall then be tightness tested and the site checked for additional information on the presence and source of contamination. The regulatory agency having jurisdiction will provide guidance for further investigation and any follow-up actions that are required.
6. Repairs. Any work on a UST system must be done by a certified UST contractor. The repairs must meet requirements specified in 40 CFR 280.33.
a. If the tank has been repaired, the integrity of the tank must be ensured by being inspected internally or by tightness testing according to industry standards within 30 days of the repair. If the tank has cathodic protection, the cathodic protection must be tested within 6 months of the repair.
b. Damaged metal piping cannot be repaired and must be replaced.
c. Piping made of FRP can be repaired in accordance with the manufacturers' instructions or national codes of practice. The repaired or replaced piping must be tightness tested with 30 day of the work.
7. Compatibility. Each UST system is to be made of or lined with materials that are compatible with the substance stored in the UST system.
1. The Owner/Operator (O/O) of UST systems must cooperate fully with inspections, monitoring and testing conducted by the agency having jurisdiction as well as requests for document submission, testing and monitoring by the O/O as specified in 40 CFR 280.34.
2. Reporting. The following information must be submitted to the agency having jurisdiction:
a. Notification for all UST systems, which includes certification of installation for new UST systems ( 40 CFR 280.22).
b. Reports of all releases, including:
(1) Suspected releases ( 40 CFR 280.50);
(2) Spills and overfills ( 40 CFR 280.53);
(3) Confirmed releases ( 40 CFR 280.61)
c. Notification of corrective actions planned or taken as a result of a release ( 40 CFR 280.62); and
d. Notification before permanent closure or change-in-service ( 40 CFR 280.74).
3. Recordkeeping. The following information must be maintained for each UST system:
a. A corrosion expert's analysis of site corrosion potential, if corrosion equipment is not used. ( 40 CFR 280.20(a)(4) and (b)(3))
b. Documentation of inspections and testing of corrosion protection equipment, if applicable. ( 40 CFR 280.31)
(1) The results of the last three inspections are to be maintained.
(2) The results of testing from the last two inspections are to be maintained.
(3) Documentation of each repair to the UST system shall be maintained for the remaining operating life of the UST system demonstrating compliance with the requirements of 40 CFR 280.33
(4) Recent compliance with release detection requirements ( 40 CFR 280.45):
(a) Copies of performance claims and schedules of required calibration and maintenance provided by leak detection manufacturers must be maintained for 5 years.
(b) Results of any sampling, testing, or monitoring must be maintained for at least 1 year.
(c) Results of the most recent tightness test are to be maintained until the next tightness test occurs.
(d) Documentation of recent maintenance, repairs and calibrations of on-site leak detection equipment, is to be maintained for at least 1 year after work is complete.
(5) Results of the site investigation conducted at the permanent closure of a tank must be maintained for three (3) years ( 40 CFR 280.74).
(6) Documentation of Operator training as required by Federal and state regulations.
(7) All records must be maintained at the UST site and be immediately available for inspection by the agency having jurisdiction; or be readily available at an alternative site and be provided on request. In the case of permanent closure records, the closure records may be mailed to the agency having jurisdiction if they cannot be kept at the site or at an alternative site.
H. RELEASE REPORTING, INVESTIGATION, AND CONFIRMATION( 40 CFR 280 Subpart E (280.50-280.53))
1. OSHEM is to be notified immediately of any release or suspected release of a regulated substance from a UST system.
2. Regulating agencies are to be notified within 24 hours if any of the following conditions occur:
a. Discovery of a release of a regulated substance at the UST site or in the surrounding area.
b. When unusual operating conditions are observed (e.g., erratic behavior of product dispensing equipment, the sudden loss of product from the UST system, or an unexplained presence of water in the UST) unless the system equipment is found to be defective but not leaking and is immediately repaired or replaced.
c. When monitoring results from a release detection method indicates that a release may have occurred, unless release detection equipment is found to be defective and is immediately repaired or replaced.
3. Investigations, required by the agency having jurisdiction, to determine if the UST system is the source of off-site impacts must follow procedures detailed in 40 CFR 280.52.
4. Spills and overfills ( 40 CFR 280.53) must be:
a. Contained;
b. Immediately cleaned up;
c. Reported to OSHEM; and
d. Reported to the agency having jurisdiction within 24 hours if the spill or overfill that results in a release to the environment:
(1) Is a petroleum product that:
(a) exceeds 25 gallons; or
(b) causes a sheen on nearby surface water.
(2) Is a hazardous substance that equals or exceeds its reportable quantity under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended (40 CFR 302).
I. RELEASE RESPONSE AND CORRECTIVE ACTIONS FOR UST SYSTEMS CONTAINING PETROLEUM OR HAZARDOUS SUBSTANCES. In response to a release, the Owner/ Operator of petroleum or hazardous substance UST systems must comply with the requirements of 40 CFR Subpart F (280.60-280.67).
J. OUT-OF-SERVICE UST SYSTEMS AND CLOSURE
1. When UST systems are temporarily closed, the following must occur:
a. Operation and maintenance of corrosion protection must continue.
b. Any release detection must continue if a release is suspected or confirmed unless the tank is empty ( 40 CFR 280.70).
c. If the UST system is closed for 3 months or more:
(1) Vent lines must be left open and functioning.
(2) All other lines, pumps, manways and ancillary equipment must be capped and secured.
d. If the UST system is closed for more than 12 months, it must be permanently closed ( 40 CFR 280.70(c)).
2. When UST systems are permanently closed or a change-in-service occurs the agency having jurisdiction must be notified of the intent to close or make a change in service at least 30 days before closure or a change in service, unless such action is in response to a corrective action.
a. In the event of permanent closure, the tank must be emptied and cleaned, and either removed from the ground or filled with an inert solid material.
b. In the event of a change in service, the tank must be emptied and cleaned and a site assessment must be conducted as specified in 40 CFR 280.72.
(1) The UST site must be assessed for the presence of a release.
(2) If contaminated soil or ground water or if free product as a liquid or vapor is discovered, corrective action must begin.
K. FINANCIAL RESPONSIBILITY. The Smithsonian Institution is exempt from Federal debt and liability responsibilities as outlined 40 CFR 280.90(c).
4. Internet Links to State UST Regulations:
a. Arizona - A.R.S. Title18 Chapter 12
b. District of Columbia - UST Program and DCRA Title 20 Chapters 55 - 70
c. Maryland - Oil Control Program and COMAR Tile 26, Subtitle 10, Chapter 02
d. Virginia - VAC Title 6, Subtitle 25, Chapter 580
5. UST Operator training requirements by State (Comply by August 2012)
a. Arizona-
b. District of Columbia- DDOE Title 20 Chapter 65 (Revised August 2009)
c. Maryland-
d. Virginia-
Attachments