BUSTR Proposes Rule Revisions for Ohio USTs

New regulations are coming for underground storage tank (UST) owners and operators in Ohio. The Bureau of Underground Storage Tank Regulations (BUSTR), a division of the State of Ohio’s Fire Marshal’s office, has issued a second draft of its revised rules in the Ohio Administrative Code (OAC) at 1301:7-9-01 et. seq. The draft rules are currently being prepared for filing with the Joint Committee on Agency Rule Review (JCARR) in March/April 2017 with an anticipated effective date of July 2017, according to BUSTR.

The proposed rule revisions are intended to align with new federal UST regulations issued by the U.S. Environmental Protection Agency, which became effective October 2015, and also to comply with the bureau’s own five-year rule review requirement. The proposed amendments and rule changes include the following:

Compliance with New Federal Rules

• Certain types of UST systems that were previously exempt or deferred from state and federal regulations are now required to comply with certain BUSTR rules. These include airport hydrant fuel distribution systems, UST systems with field constructed tanks, and UST systems that solely store fuel for emergency generators.
• Six new terms were added; five to align with federal changes and one (“sole source aquifer”) to accommodate the rescission of OAC 1301:7-9-09 (“Rule 9,” see below). Eleven existing terms were amended, either for clarification or to align with federal changes.
• Rules were amended to implement new federal requirements for: 1) periodic checks of UST system and release detection components, 2) compatibility of release detection components and UST systems with tank contents, 3) methods of UST release detection, 4) retrofitting of older single-wall UST systems, 5) qualifications of persons performing work on UST systems, 6) records retention for UST system components and release detection records, and 7) requirements for release detection on airport hydrant and field-constructed systems. Numerous standards were updated relating to the construction and operation of UST systems to match corresponding federal standards.
• Rule 9, regarding USTs located above sensitive areas, was rescinded because these areas generally correspond to federally designated sole source aquifers, and more accurate geographical information now exists for owners and operators to use in determining whether an UST site is located above a sole source aquifer.
• The definition of “free product” and “suspected release” were revised in OAC 1301:7-9-13 (“Rule 13”) to match the federal version, and references were changed from “sensitive area” to “sole source aquifer” to accommodate rescission of Rule 9.

Permitting, Registration, and Closure

• The annual registration application deadline is being changed from July 1 to June 30. Registration requirements were added for compartments of a manifolded UST and for previously (but no longer) exempt UST systems. BUSTR also added a requirement to modify a registration within 30 days when there is a change of product.
• Clarified that partially exempt UST systems do not require a permit, a certified UST installer, or a certified UST inspector for tank-related activities.
• Clarified changes to the installer license renewal process.
• Clarified timeframes in OAC 1301:7-9-12 (“Rule 12”) for initiating closure assessments, added closure sampling requirements for piping runs, and revised the closure action levels table to reflect current science.
• Added Class A operators to the Class B retraining requirements, but makes retraining discretionary on the part of the State Fire Marshal instead of mandatory.
• Extended the validity of inspector certifications from two to three years, and simplified and streamlined the license renewal process.

Corrective Action, Chemicals of Concern (COCs), and Petroleum Contaminated Soils (PCS)

• The applicability section of Rule 13 was revised to allow ongoing corrective actions to continue under a previous rule version.
• Added “Biodiesel blended fuels” to the list of middle distillation products; added three new chemicals of concern (1,2,4-trimethylbenzene, 1,2-dibromoethane, and 1,2-dichloroethane); and revised action levels throughout Rule 13 to reflect current science.
• Updated public notice requirements for certain advanced corrective actions; owner/operators are now required to submit proof of notification within 90 days.
• Revised the list of re-use chemicals of concern and the action levels for petroleum contaminated soils (PCS) to incorporate most recent science, and clarified that if PCS above action levels are returned to the excavation, the cavity must be lined.

If you would like to learn more about how the new regulations may impact your operations or would like further information regarding the new BUSTR rules, contact Ron Wells (rwells@cecinc.com), Tom Maher (tmaher@cecinc.com), or Andy McCorkle (amccorkle@cecinc.com), or call (800) 365-2324.

Author: Ronald Wells