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HomeMy WebLinkAboutDERR-2025-006082 Summer 2025 INSIDE: July 2026 APST Upgrade Requirements 1-2 DERR Payment Portal 3 SPCC Rule and APST Fire Code Requirements 4-5 PST Loan Fund 5 Unorthodox UST and Dates to Remember 6 Position Changes and Certification Corner 7 Published by the Utah Department of Environmental Quality Tim Davis Executive Director Division of Environmental Response and Remediation Brent H. Everett Division Director Petroleum Storage Tank Branch Morgan Atkinson PST Branch Manager Mark Crim Utah Tank News Editor Understanding APST Regulations and 2026 Upgrades By Phillip Lundell and David Wilson The Utah Department of Environmental Quality, Division of Environmental Response and Remediation (DERR), is committed to protecting Utah's environment and public health from petroleum releases. A critical component of this mission involves the regulation of Aboveground Petroleum Storage Tanks (APSTs). As we come closer to APST upgrade requirements with a deadline of July 2026, it's crucial for owners and operators of regulated APSTs to be aware of the upgrade requirements, and recent legislative changes that impact their facilities. Regulated APSTs: What You Need to Know Not all APSTs are regulated by DERR. Generally, an APST becomes regulated if it is greater than 501 gallons and meets one or both of the following criteria: ● The APST rests directly on soil or gravel with no secondary containment. ● Any portion of the piping associated with the tank is underground or touching soil/gravel. Exemptions include tanks under 501 gallons, those at commercial airports for fueling, tanks used in farming or agriculture, and tanks at petroleum refiners or related to oil/gas production. If your APST is regulated, it's necessary to understand your obligations, including notification, financial responsibility, and obtaining a Certificate of Compliance. Since July 1, 2023, regulated APSTs have been required to hold a Certificate of Compliance and demonstrate financial responsibility. Coming Soon: Upgrade Requirements by July 2026 By July 1, 2026, DERR-regulated APSTs must be upgraded to meet specific technical standards. These requirements are made to enhance environmental protection and include: ● APSTs that rest directly on the ground must have monthly monitoring or a tightness test every 5 years. ● Cathodic Protection: To prevent corrosion of metal components. ● Overfill Prevention: Devices to prevent spills due to overfilling the tank. ● Automatic Line Leak Detectors: A system to alert operators to the presence of a line leak in piping connected to the tank. ~continued on page 2 UTAH TANK NEWS 1 2 ~ APST Upgrade Requirements from page 1 These upgrades are crucial for ensuring the integrity of APST systems and minimizing the risk of petroleum releases to the environment. Failure to comply with these requirements may lead to enforcement actions, penalties, and delivery prohibition. Navigating Recent Changes: HB0018 (2025 Legislative Session) The 2025 Utah Legislative Session saw the passage of House Bill 0018 (HB0018), "Petroleum Storage Tank Amendments," signed by Governor Spencer Cox on February 27, 2025. This bill represents the first major changes to the Petroleum Storage Tank Act since APST regulations were added in 2021. HB0018 introduces several key modifications that impact petroleum storage tank (PST) regulation, including underground storage tanks (USTs) and APSTs. While the full scope of changes is detailed in the bill, some notable provisions affecting APSTs include: ●Modified Definitions: Clarification and updates to terms related to PSTs. ●Registration Requirements: Addresses the registration of both USTs and APSTs. ●Petroleum Storage Tank Fund: Adjustments to the fund, including interest accrual and eligibility for participation. ●Certificates of Compliance: Provisions clarifying the issuance and requirements for Certificates of Compliance. ●Installation Company Restrictions: Clarifying restrictions for PST installation companies; now requiring an install permit for all PST installations (including APSTs) at least 30 days prior. ●Loan Opportunities: Owners and operators of both APSTs and USTs may now be eligible for loans to upgrade, replace, or permanently close a PST. ●Financial Assurance: DERR aims to ensure all APSTs meet certain minimum leak detection and testing requirements, regardless of their financial assurance method. ●Spill Prevention Testing: Simplifying spill prevention testing to align with fire code requirements and not necessarily requiring integrity testing where it doesn't fit APSTs. These changes, effective May 7, 2025, help strengthen the state's regulatory framework for PSTs. Staying Compliant The DERR encourages all regulated APST owners and operators to prepare for the July 2026 upgrade requirements and to familiarize themselves with the details of HB0018. Resources such as the DERR website and direct contact with DERR personnel can provide invaluable guidance. By understanding and adhering to these regulations and upcoming deadlines, we can work towards a cleaner and safer Utah, protecting our precious natural resources from the risks of petroleum contamination. For additional information visit the DERR website at: https://deq.utah.gov/environmental-response-and-remediation/aboveground-petroleum-storage-tanks-apst or contact your DERR-assigned area scientist for assistance at (801)-536-4100. 3 Online Payment Portal By Alicia Silotti and Mark Crim For your convenience the Utah Department of Environmental Quality, Division of Environmental Response and Remediation (DERR) has created an online payment portal that allows you to pay your underground storage tank (UST) or aboveground petroleum storage tank (APST) fees by credit card or electronic check. Known collectively as petroleum storage tanks (PSTs), the online payment portal allows for payment of PST Certifications or PST Fees. For access to the Payment Portal visit the DERR website found below and click on the appropriate link for PST Certifications or PST Fees: https://deq.utah.gov/environmental-response-and-remediation/derr-payment-portal-shopping-cart Below are Tips for Making your Payments Successful •Credit card transactions are not allowed if your total is greater than $4,000. If you still want to pay by credit card you will need to make multiple transactions. •Registration and Fund fees do not need to be listed as 2 separate items. Just select ‘UST Registration Fee and PST Fund Fee’ from the pull-down list under ‘Item’ and pay for the invoice total. •Do you have multiple invoices? Pay all of them in a single transaction. You can either combine them all into 1 item or have each invoice be a separate item. If you have multiple invoices with the same total, don’t forget you can always change the quantity from 1. Be aware that the system only allows 9 items per transaction, so combine the invoices if you are paying for more than 9. •Website not working? Try using a different web browser or a different computer. For example, if you are using the Edge browser, try it in Chrome. For additional information from the PST Branch, visit the DERR website at: https://deq.utah.gov/environmental-response-and-remediation/petroleum-storage-tank-branch or contact your DERR-assigned area scientist for assistance at (801)-536-4100. 4 SPCC Rule and Fire Code Requirements for APSTs By Chris Howell As the Utah Department of Environmental Quality, Division of Environmental Response and Remediation (DERR), continues to bring aboveground petroleum storage tank (APST) owners and operators into compliance with the Utah Underground Storage Tank Act, Utah Code § 19-6-401 et seq, the DERR wants to ensure that everyone is aware of and complies with both the Spill Prevention, Control, and Countermeasure (SPCC) Rule, and Fire Code requirements that are already in place. DERR Inspectors will be reviewing compliance with applicable SPCC and Fire Code requirements during future APST site visits. SPCC The Federal SPCC Rule (40 CFR Part 112) is enforced by the U.S. Environmental Protection Agency (EPA) and is intended to prevent discharges to waterways and drainage systems. In short, APSTs need to have ●An SPCC Plan prepared by a certified Professional Engineer (PE) ●Secondary Containment ●Operating Procedures ●Inspections and Integrity Testing ●Personnel Training ●Security ●A Facility Diagram ●Loading/Unloading Rack Requirements ●Five-Year Review Fire Codes The International Fire Code (IFC) has been adopted and amended by the Utah State Fire Marshal and supplemented by various state administrative rules and local ordinances. Additionally, the National Fire Protection Association (NFPA) (Flammable and Combustible Liquids Code) is widely adopted and enforced in Utah. Concerning APSTs, local fire departments and authorities enforce the fire code and may have additional requirements or interpretations. In short, the Fire Code has APST requirements for ●Local Permitting ●Tank Markings to identify the contents and potential hazards ●Maximum Capacity ●Placement and Separation from Buildings ●Tank Installation, Construction & Features ●Secondary Containment, Spill Prevention & Overfill Protection ●Integrity Testing ●Operational and Safety Measures ~continued on page 5 5 ~Fire Codes continued from page 4 For more information on SPCC and Fire Code Requirements, please see the links below or reach out to your DERR project manager at 801-536-4100. EPA SPCC Guidance https://www.epa.gov/oil-spills-prevention-and-preparedness-regulations/overview-spill-prevention- control-and NFPA Guidance https://www.nfpa.org/education-and-research/research/fire-protection-research-foundation/projects- and-reports/the-fire-risk-of-intermediate-bulk-containers/about-nfpa-30 International or Utah Fire Code regarding APSTs Access to the IFC requires a subscription: consult your local fire authority or PE for compliance advice about existing APST systems or those to be designed. Contacting your local fire authority, whether city or county, is the best bet for information concerning the IFC, SPCC or NFPA requirements as they include local ordinances or concerns. ________________________________________________________ Petroleum Storage Tank Loan Program By Thomas Kingston The Petroleum Storage Tank (PST) Loan Program offers 0% interest loans to help eligible businesses upgrade, replace, or permanently close regulated PSTs. Regulated PSTs include aboveground storage tank systems with tank or piping touching the ground, and most underground storage tank systems. Applicants may qualify for up to 80% of eligible project costs, with maximum loan amounts of $300,000 per facility or $100,000 per tank (for facilities with fewer than three tanks). Repayment terms can extend up to 10 years, depending on the loan amount and type of collateral provided. To apply, submit a completed application, contractor bid, financial statement, and two years of tax returns to the Division of Environmental Response and Remediation. Please note that work cannot begin until the loan is approved and closing documents are finalized. For more information or to get started, call the UST Section at (801) 536-4100 or visit https://deq.utah.gov/environmental-response-and- remediation/petroleum-storage-tank-loan-program _________________________________________________________ Important Dates to Remember •June 30, 2023-APSTs needed to have Financial Responsibility and obtain a Certificate of Compliance-PAST DUE •July 1st- Annual Tank Registration fees and EAP Fund fees for FY 2026-PAST DUE •August 4th- Penalty billing sent out •September 1st- Any facility that has not paid the annual fees will lose Petroleum Storage Tank (PST) Fund coverage and the Certificate of Compliance will lapse •December 15th- Secondary Containment Tests to qualify for a rebate must be received and Certificates of Compliance are mailed out •March 15th- Throughput forms are mailed out •April 30th- Throughput forms are due •May 15th- Annual Tank Registration fees and EAP Fund fees invoices are mailed out. Unorthodox UST Discovered and Removed By Sean Warner This is a picture of an underground storage tank (UST) being removed from the ground. Not quite a regulated UST as we know them, but a former tanker pup once used for delivery. 6 7 DERR Updates Position Changes Susannah Anders, Scientist, Joins the PST Compliance Section, March 2025 Oran Croft, Scientist, Joins the PST Compliance Section, March 2025 Quinn Walker, Scientist, Joins the RA Section, March 2025 Liberty Coe, Scientist, Moves from the RA Section to the EAP Section, March 2025 David Wilson, Scientist, PST Compliance Section, Becomes PST Compliance Section Manager, July 2025 Certification Corner EXAMS for A/B Operators, Groundwater and Soil Samplers, UST Removers, UST Installers, UST Technicians, UST Testers and PST Consultants Regarding the DERR’s A/B Operator Certification program, we are now offering an online option to take the final exam. We have two approved A/B Operator Courses that include a final exam. Those courses are provided by Pass Training & Compliance and UST Training, Inc. The exam provided is one that can be taken in place of the in-person exam offered by the State. This is not an endorsement of these courses, rather it is an added option we are offering to give applicants more flexibility with testing. Please note that the rest of the certification requirements must still be met, and be submitted via email or mail to Chelsea Qualls in order to be certified through the State. Taking a course with an exam is not enough to be certified. The requirements for State certification are below: Requirements for Initial A/B Operator 1.Application 2.A/B Owner Operator Training Certification within 30 days of beginning work, options listed here https://deq.utah.gov/environmental-response-and-remediation/owner-operator-testing- approved-training-courses-ust 3.Notarized Citizenship Form (page 3 of application) 4.Copy of Driver's License 5.$100 Registration Fee payable online here: https://secured.utah.gov/derr/Forms/Page/derr- market/derr-market/?groupName=PST%20Certifications *Renewal fee is $50. Please wait until your application is ready to email to the DERR before making your payment, since the DERR accounting group cannot process payments without the corresponding applications. Certified PST Consultant Recertification Regarding the Certified PST Consultant course: the DERR again has in-person courses. The course is held twice a year and was last held June 5, 2025. The next date will be in about 6 months; to be announced. If you need additional help, please contact Chelsea Qualls at cqualls@utah.gov or 801-536-4100.