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Environmental Law Alert: New UST Requirements Become Effective August 8, 2012

June 20, 2012

 RECENT AMENDMENTS TO CT DEEP UST REGULATIONS IMPOSE NEW REQUIREMENTS INCLUDING:

      • Operator Training
      •  Monthly Inspections and Testing
      • Secondary Containment

NEW REQUIREMENTS TAKE EFFECT ON AUGUST 8, 2012

The amendments can be found here.

WHO:

New requirements apply to owners and operators of underground storage tank systems (USTs):

Including:

  • Gasoline and diesel tanks;

  • Hazardous substance tanks;

  • Non-hazardous waste oil; and

  • Other underground tanks regulated under RCSA §22a-449(d)-101 et seq.

  • Not Including:

  • On-site heating oil;

  • Hydraulic lift and electrical lift tanks; and

  • Residential tanks.

WHAT:

I. Operator Training Requirement

No one may own or operate a UST after August 8, 2012 without designating at least 1:

  • Class A Operator - primary responsibility for compliance with applicable laws and regulations;

  • Class B Operator- responsible for compliance on a day to day basis, must know laws and best management practices; and

  • Class C Operator - emergency response procedures.

Fortunately, one person may qualify for more than 1 class. Class A & B operators must obtain a certificate from an approved training program and all owners and operators must notify the DEEP by August 8, 2012 of the identity of their designated Class A and Class B operators (together with information regarding their training programs and certification). The DEEP will be issuing a form to be used when identifying the operators. The form will be available here.

There are only 3 approved testing options for the Class A and B Operators:

  1. The International Code Council UST/AST certification program;

  2. The Maine Oil Storage Tank Search & Operator Training Online Service; and

  3. The Massachusetts UST program.

The International Code Council has 1 test center with limited seating in Connecticut. It also has test centers in neighboring states and Connecticut will accept ICC certifications obtained from the States of Maine, New Hampshire, Vermont and Rhode Island, as well. The Maine and Massachusetts programs are available entirely online but are based on their regulations, which are similar but not identical to Connecticut’s UST regulations. The Massachusetts and ICC programs charge fees to take the test. The Maine test is free.

As to a Class C operator, he or she can either obtain training from an A or B operator or from an approved training program. Note that the names of Class C operators must be posted on site, along with emergency response guidelines.

II. Monthly Inspections, Testing, Emergency Response Procedures & Response Guidelines

Beginning August 8, 2012, UST equipment must be inspected monthly by or under the supervision of a Class A or B operator. The inspection must be performed in accordance with the Petroleum Equipment Institute RP 900-08. Owners and operators must maintain a log of the inspection results and all defects must be repaired within 30 days. Oil, water and debris must also be removed from sumps on a monthly basis. There are new testing requirements for secondary containment, including testing before the first use, after repair, and every 5 years after installation, unless both the primary and secondary containment are continuously monitored.

Owners and operators must post emergency response guidelines at each facility. These guidelines include:

      •  Reporting procedures for suspected and confirmed releases;
      • Emergency contact phone numbers;
      • A list of malfunctioning equipment with lock-out/tag-out and notification procedures; and
      • Initial mitigation protocol for suspected and confirmed releases.

III. Secondary Containment

All UST equipment installed or replaced after August 1, 2012 must have secondary containment. This includes tank top sumps and under-dispenser sumps.

WHEN:

The new requirements become effective on August 8, 2012, which means that all training for Class A, B, and C operators and all posting requirements must be completed by August 8, 2012.