2015 EPA Strengthens Underground Storage Tank Requirements to Improve Prevention and Detection of Leaks

WASHINGTON, DC – The U.S. Environmental Protection (EPA) is strengthening the federal underground storage tank (UST) requirements to improve prevention and detection of petroleum releases from USTs which are one of the leading sources of groundwater contamination. EPA’s action will strengthen existing requirements and help ensure all USTs in the United States meet the same release protection standards.

“These changes will better protect people’s health and benefit the environment in communities across the country by improving prevention and detection of underground storage tank releases,” said Mathy Stanislaus, assistant administrator of EPA’s Office of Solid Waste and Emergency Response. “Extensive and meaningful collaboration with our underground storage tank partners and stakeholders was vital to the development of the new regulations. The revised requirements will also help ensure consistency in implementing the tanks program among states and on tribal lands.”

Secondary containment and operator training requirements of the Energy Policy Act of 2005 will apply to USTs on tribal lands. In addition, these requirements improve EPA’s original 1988 UST regulation by closing regulatory gaps, adding new technologies, and focusing on properly operating and maintaining existing UST systems.

Underground storage tanks are located at hundreds of thousands of facilities across America. Both marketers and non-retail facilities own USTs. Marketers include retail facilities such as gas stations and convenience stores that sell petroleum products. Non-retail facilities include those that do not sell petroleum products, but may rely on their own supply of gasoline or diesel for taxis, buses, limousines, trucks, vans, boats, heavy equipment, or a wide range of other vehicles.

The revised requirements include:

  • adding secondary containment requirements for new and replaced tanks and piping;
  • adding operator training requirements;
  • adding periodic operation and maintenance requirements for UST systems;
  • removing past deferrals for emergency generator tanks, airport hydrant systems, and field-constructed tanks;
  • adding new release prevention and detection technologies;
  • updating codes of practice; and
  • updating state program approval requirements to incorporate these new changes.

States and territories primarily implement the UST program. Many states already have some of these new requirements in place. For others, these changes will set standards that are more protective.

In developing the final UST regulation, EPA reached out extensively to affected and interested UST stakeholders. EPA carefully considered the environmental benefits of the UST requirements, while balancing those with the potential future costs of compliance for UST owners and operators. For example, EPA is not requiring owners and operators to replace existing equipment, but rather is focusing on better operation and maintenance of that equipment.

The docket for the UST regulation is EPA-HQ-UST-2011-0301 and can be accessed at www.regulations.gov when the final regulation is published.

More information is available at EPA’s UST regulation website at: UST regulation

2015 Winner of Ronald M. Carvalho Memorial Scholarship

Xui chen

WASHINGTON, DC – On June 1, 2015, Michael Carvalho presented the 13th Annual Ronald M. Carvalho Environmental Policy Award & Scholarship for outstanding EnvironMentors Project. The recipient of this years award is Xui Chen for her project entitled, “The Effects of Copper on the Fecundity of Caenorhabditis elegans”. Ms. Chen attends The School Without Walls in Washington, DC. and represents the Washington, DC Chapter of EnvironMentors.

 

2015 Solar Bill HB 57 & Solar Power Update

Solar Bill HB 57 has unanimously passed both the Georgia House and Senate. Georgia homeowners and business owners will now have the choice to install solar systems on their property without upfront costs. Southface worked with the utility, solar industry and other clean energy advocates to get this historic legislation passed. The use of free-market tools, not previously available in Georgia, greatly expands the solar options for Georgia consumers. It is a new day for rooftop solar in Georgia.

Solar Power Southeast
Southface is a proud partner of Solar Power Southeast, a one-and-a half day regionally-focused event that will address forward-looking and in-depth discussions on policy, regulatory and technical topics facing the industry in the Southeastern United States, with a particular focus on Georgia, Florida and the Carolinas. The event will be held on May 7-8 in Atlanta.

To register for this event, please go to: Solar Power Events and enter discount code SPSE15SF to receive a 15 percent discount. Registration prices increase this Friday, April 3, so register today!

2015 Buyer Beware: Investigate Historic Use of Property

All property owners – residential, commercial and industrial – should investigate the historic use of property prior to committing to purchase using all appropriate inquiry under the circumstances of the transaction. Caveat Emptor (“buyer beware”) is an important legal concept that can hold the buyer and other responsible parties liable for hazardous substances on their property. The level of inquiry may vary given the nature of the transaction, lender requirements, etc., but national standards are available to determine the scope of any assessment. It is also critical to consider how the transaction is structured in terms of disclosures (e.g. representations by the Seller) and warranties that may attempt to limit the Seller’s exposure. According to this article, a division of national homebuilder Pulte Homes, denied responsibility for burying construction debris in the family’s backyard in Tampa, FL. Local news media claims that Pulte told them it “wasn’t responsible for the (homeowners) home which was built in 1990.” It should be noted that – in some parts of the U.S. – it was legal to bury construction related debris on-site, although such conduct is clearly not something most buyers would accept and has since been outlawed. Purchasers should retain the legal services of counsel familiar with such issues so that they can be addressed in the context of the purchase and sale agreement.

Read Article: Buyer Beware: Investigate Historic Use of Property

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