Environmental Protection Agency (EPA) Regulation Background:
Under 2015 Federal UST regulations, sump integrity testing must be performed every three years for all containment sumps used for interstitial monitoring (IM) of piping in motor fuel systems. Note: Safe suction (European) systems are exempt.
Option 1: The original test method requires filling sumps with water 4” above the highest penetration of the sump wall. Water level is marked, measured and monitored for 1 hour: An observed level change of ⅛” - or more will constitute a potential release and must be reported as such.
Option 2: Recently, the EPA has approved Petroleum Marketers Association of America (PMAA’s) low liquid level integrity test method. This alternative only applies to facilities that are equipped with “positive shutdown”, and would require liquid to be introduced to the sump at a level 4” above the activation point of the liquid sensing device. This method can effectively eliminate potentially compromised penetration points from the testing zone.
- Positive Shutdown: A variant of leak detection system configuration in which the activation of a liquid sensing device would enable relays to effectively cut power to the fuel pump equipment, rendering the facility temporary incapable of dispensing product in the event of a leak.
- All liquid sensing devices used for IM must be in operable condition. Weekly sensor status and annual ATG certification records will verify operability.
Option 3: EPA has also allowed for an exemption for systems which installed secondary containment for piping prior to the regulatory requirement.
- April 11, 2016: Secondary containment and interstitial monitoring for new and replaced tanks and piping is required..
- Therefore; secondary containment pipe systems using sumps for interstitial monitoring installed before this date can perform an annual line tightness test in combination with line leak detectors in lieu of sump integrity testing.
- Annual line tightness testing would replace interstitial monitoring as the selected method of leak detection in this scenario and would remove the need for containment integrity testing.
New York State Department of Environmental Conservations (NYSDEC) Enforcement:
New York State is not designated State Program Approved (SPA) by the EPA, therefore NYSDEC does not have the authority to enforce EPA regulations directly. Currently, NYSDEC PBS regulations - 6 NYCRR Subpart 613 - does not contain equivalent regulations, as such, EPA violations discovered during an NYSDEC inspection will be referred to the EPA to be enforced at their discretion.
- In the event a facility is found to be in violation of 6 NYCRR Subpart 613 and EPA regulations; NYSDEC reserves the right to attach penalties associated with EPA regulations to NYSDEC issued violations.
- It is the prerogative of the NYSDEC to update 6 NYCRR: Sub-Part 613 to parallel the original sump integrity testing method. At this time, there are no indications the NYSDEC would adopt options 2 and/or 3. Continually, there is no anticipated timeline for an update to 6 NYCRR Subpart 613.
What this means for NY State operators:
Currently, all UST operators must adhere to EPA, NYSDEC and local regulations. According to NYSDEC; UST operators must continue all requirements set forth in 6 NYCRR Subpart 613 and will accept all options of the EPA regulations, but are subject to more stringent measures in the future.
Continually, local regulatory authorities (ie: Suffolk County Article 18) reserve the right to enforce more stringent requirements associated with interstitial monitoring and equipment integrity currently in place and moving forward as regulations are updated.
