Five Most Common Underground Storage Tank (UST) Compliance Violations
In 2017, inspectors from the Indiana Department of Environmental Management’s Underground Storage Tank (UST) Branch found five common violations at petroleum UST facilities. UST owners and operators can avoid these violations and achieve compliance with environmental regulations by following the tips provided.
Top Five Violations
- Failure to submit notification to register the tank or UST system.
- Tip: Submit notice to IDEM to register the tank or UST system within 30 days of owning or bringing the system or tank into use, per 329 IAC 9-2-2(b) [PDF]. “Into use” means the tank or UST system contains or has contained a regulated substance and has not been closed under 329 IAC 9-6.
- Failure to provide monthly release detection for USTs.
- Tip: Monitor all USTs at least every 30 days using one of the methods listed in 329 IAC 9-7-4(4) through 329 IAC 9-7-4(8), per 329 IAC 9-7-2 [PDF]. Learn the exceptions and acceptable methods for tank leak detection in 329 IAC 9-7-4.
- Failure to provide proof of financial responsibility.
- Tip: Maintain evidence of all financial assurance mechanisms used to demonstrate financial responsibility for a UST, per 329 IAC 9-8-21(a) [PDF], until released from the requirements under 329 IAC 9-8-23. Always maintain the evidence at the UST site or the owner or operator's place of work. Records maintained off site must be made available upon request.
- Failure to have financial responsibility.
- Tip: Demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of a petroleum UST in a per occurrence amount of at least one million dollars ($1,000,000), per 329 IAC 9-8-4(a) [PDF].
- Failure to maintain proper release detection methods for piping.
- Tip: Conduct each method of release detection for piping used to meet 329 IAC 9-7-2 in accordance with automatic line leak detectors, line tightness testing, and applicable tank methods, per 329 IAC 9-7-5 [PDF].
In addition, UST owners or operators also must maintain accurate and current records and be able to produce these records upon request.
Hazardous Waste Generator Improvements Rule
U.S. EPA’s final Hazardous Waste Generator Improvements Rule (HWGI) was published in the Federal Register (FR) on November 28, 2016. This final rule became effective at the federal level on May 30, 2017. However, the HWGI rule will not be effective until it is adopted as a state rule in Indiana, which will not happen for many months. The IDEM Featured Topics page provides more information. Direct any questions to the IDEM Office of Land Quality Regulatory Reporting staff or the IDEM Compliance and Technical Assistance (CTAP) staff.
New Definition of Solid Waste (DSW):
The U.S. EPA published a final rule that went into effect July 13, 2015, which revises several recycling-related provisions associated with the definition of solid waste (DSW), which is used to determine hazardous waste regulation under Subtitle C of the Resource Conservation and Recovery Act (RCRA).
Note: IDEM adopted this new DSW rule language by reference in its entirety. A pending DC Court of Appeals ruling regarding portions of the EPA’s 2015 Definition of Solid Waste may affect the new requirements for Indiana’s regulated community differently than outlined below.
IDEM Trainings and Certifications:
IDEM offers information on a variety of trainings and certifications to assist businesses in sustaining compliance, including:
Solvents in the Workplace
The U.S. EPA has released a new guidance document, entitled, Solvents in the Workplace – How to Determine If They Are Hazardous Waste [PDF].
Solvents are used in the workplace for many different purposes and once they are spent or left unused and destined to be disposed, making hazardous waste determinations can sometimes be a challenging task. This e-enterprise user-friendly guidance walks through a series of questions and answers that will help a facility determine if it may have generated a hazardous waste solvent. The guidance provides information to assist a facility in recycling or reusing its solvents which could reduce its waste management costs and the nation’s need for virgin materials. Also, at the end of the document, there are a number of questions the U.S. EPA has answered through the years involving hazardous waste solvents.