Underground Storage Tank Regulations: Doug Ford, P.E. (Pollution Management, Inc.) Arkansas Environmental Federation Regulated Waste Seminar Presentation

Doug Ford, P.E., of Pollution Management, Inc. undertook a presentation at the Arkansas Environmental Federation Regulated Waste Seminar titled:

Summary of the New EPA UST Regulations (“Presentation”)

The Presentation addressed various aspects of the revisions to the United States Environmental Protection Agency (“EPA”) Resource Conservation and Recovery Act Subtitle I Underground Storage Tank (“UST”) regulations for which the agency recently undertook comprehensive revisions.

The revised federal regulations were issued on July 15, 2015.

The Presentation had a particular focus on the impact of the revised federal regulations on the State of Arkansas. Mr. Ford noted:

• The revised regulations are not in effect in Arkansas until the Arkansas Department of Environmental Quality (“ADEQ”) adopts them
• ADEQ has approximately 3 years to adopt the new regulations
• ADEQ must have the State Program Approval of the regulation by the General Assembly prior to adopting them

Objectives of the revised regulations are stated to include:

• Improve operation and maintenance along with reduction of petroleum releases
• Address UST systems that were deferred in the 1988 regulations (which include USTS serving emergency generators)
• Update the regulations to include new technologies and fuel blends
• Provide regulation for previously unregulated areas (i.e., tribal lands)

The key areas addressed by the revised regulations include:

• Operation and Maintenance
• Change of Ownership Notification
• Operator Training
• E-15 Compatibility
• Internal Tank Linings
• Overfill Prevention Equipment Inspections
• Release Detection Equipment Tests
• Secondary Containment
• Spill Prevention Equipment Tests
• Statistical Inventory Reconciliation
• Under Dispenser Containment
• Vent Line Flow Restrictions
• Field Constructed Tanks & airport Hydrant Systems

The Presentation also addressed Act 584 which was recently enacted by the 91st General Assembly addressing aboveground storage tanks. The legislation made some key changes to the aboveground storage tank requirements from a registration/Arkansas Petroleum Storage Tank Trust Fund perspective. Act 584 was addressed in some detail in a post that can be found here (http://www.mitchellwilliamslaw.com/91st-arkansas-general-assembly-act-584/aboveground-storage-tank-legislation-revisions).

A copy of the Presentation can be found here.