July 13, 2015 TO: NATSO Members FROM: NATSO RE: EPAs Final Rule Revising Underground Storage Tank Regulations

I. Introduction

On June 22, 2015, the Environmental Protection Agency (EPA or the Agency) finalized a number of revisions to its underground storage tank (UST) regulations (final rule). The revisions are focused on spill prevention and proper operation and maintenance, imposing new requirements for secondary containment and operator training. EPA asserts that the revisions will improve the detection and prevention of UST releases. As of the date of this memorandum, the updated UST regulations have not been published in the Federal Register. The date that the final rule appears in the Federal Register starts the clock running on the compliance deadlines contained in the updated UST regulations. As a general matter, the final rule contains a number of improvements from the proposed rule that was released in 2011. These improvements come primarily in the form of requiring UST equipment testing and inspections to occur less frequently, and making compliance easier without seriously compromising the Agencys environmental objectives. NATSO had urged the Agency to make these changes.

This memorandum provides an overview of the final rule that are of most concern to NATSO members.

Updated UST Regulations July 13, 2015 Page 2 of 16 II. Summary of Final Rule The final rule represents the first substantial revisions to the federal UST regulations that were originally promulgated in 1988. It is the culmination of a multi-year review of existing regulations and technological advances, as well as data regarding releases that have occurred over the past two decades. Below is a brief overview of the final rules key components:

Secondary Containment, Including Under-Dispenser Containment (see pgs. 4-6 of this memo) New and replaced tanks and piping must be secondarily contained with interstitial monitoring systems, and new dispenser systems must be equipped with under-dispenser containment. Owners and operators must replace an entire piping run when 50 percent or more of piping is removed and other piping is installed. These requirements only apply to new and replaced systems there are no retrofit requirements.

Periodic Operation and Maintenance Walkthrough Inspections (see pgs. 6-7 of this memo) The final rule requires periodic walkthrough inspections to prevent and quickly detect releases, as well as additional requirements for periodic spill, overfill, and secondary containment monitoring.

Spill Containment Testing (see pgs. 7-8 of this memo) Under the final rule, spill prevention equipment must be tested every three years to ensure that it will contain small drips and spills when the delivery transfer hose is disconnected from the fill pipe.

Overfill Containment Inspections (see pg. 8 of this memo) Flow restrictors, or ball float valves, in vent lines have been eliminated as an option for satisfying the overfill prevention requirements (a) for newly- installed UST systems and (b) when flow restrictors in vent lines are replaced. (Ball float valves may be used in USTs that have already been installed before the final rule takes effect.)

Secondary Containment Testing (see pgs. 8-9 of this memo) The final rule requires double-walled containment sumps to be periodically monitored (generally every 30 days), or else undergo periodic testing. It further requires testing of containment sumps used for interstitial monitoring of piping at least once every three years.

Release Detection Equipment (see pgs. 9-11 of this memo) The final rule is designed to standardize the operation and maintenance requirements for release detection equipment by requiring owners and operators to follow a set of minimum operation and maintenance criteria for electronic and mechanical-based release detection equipment.

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Operator Training (see pgs. 11-12 of this memo) The final rule requires owners and operators to designate at least one individual for each of three classes of operators, and such operators must be trained in certain areas within three years of the final rule taking effect.

Tank Compatibility with Alternative Fuels (see pgs. 12-13 of this memo) The final rule generally allows tank owners to demonstrate equipment compatibility with alternative fuels (e.g., blends containing greater than 10% ethanol or 20% biodiesel) (a) through a listing by a nationally-recognized association (such as Underwriters Laboratories); or (b) based upon written equipment manufacturer approval.

Repairs (see pg. 13 of this memo) The final rule contains a number of requirements pertaining to repairs of leaking UST systems.

Emergency Generator USTs (see pg. 13 of this memo) The final rule includes requirements for release detection for UST systems that are storing fuel solely for use by emergency power generators.

New Technologies (see pg. 14 of this memo) The final rule adds steel tanks that are clad or jacketed with a non-corrodible material to the list of specific new tank design and construction options for UST systems.

Statistical Inventory Reconciliation (see pgs. 14-15 of this memo) The final rule adds statistical inventory reconciliation as a permissible release detection method and provides performance criteria for its use.

III. Interaction of the Final Rule with State UST Regulations It is helpful to briefly address how the final rule fits within the existing structure of state UST programs.

There are 38 states, plus the District of Columbia (DC) and Puerto Rico, with EPA program approval.1 In these jurisdictions, the state UST regulations apply in lieu of the federal tank requirements, provided that they are no less stringent than EPAs 1988 UST regulations. In many instances, the state requirements over the years have evolved and today are more stringent than those contained in the 1988 UST regulations.

1 The states with EPA approved programs are: Alabama, Arkansas, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, and West Virginia. In addition, the District of Columbia and Puerto Rico have EPA program approval.

Updated UST Regulations July 13, 2015 Page 4 of 16 The final rule adds a mandate for these jurisdictions to submit a revised program approval application to EPA within three years so that the state UST regulations are no less stringent than the new federal requirements. During this three-year window, NATSO members and other UST owners and operators in these jurisdictions remain subject to the existing, applicable state UST requirements. There are 12 states Alaska, Arizona, California, Florida, Illinois, Kentucky, Michigan, New Jersey, New York, Ohio, Wisconsin and Wyoming and the territories of Guam, Samoa and the North Mariana Islands that do not have EPA-approved state UST programs. In these states and territories, NATSO members and other tank owners and operators are subject to both the applicable state requirements and EPAs updated UST regulations upon the effective date of the final rule.2 III. The Final Rule Updating EPA UST Regulations EPA initially proposed amendments to the 1988 UST regulations in 2011. NATSO actively participated in the stakeholder meetings with EPA during the pre-proposal phase of the rulemaking, and the Association submitted extensive comments in April 2012. In the final rule, EPA adopted many of the changes NATSO suggested in its comments. The updated UST regulations are comprehensive and complex. Below is a summary of those issues of most relevance to NATSO members. A. Secondary Containment, Including Under-Dispenser Containment In the updated UST regulations, EPA adds new requirements for secondary containment and interstitial monitoring of new and replaced tanks and piping, as well as under-dispenser containment (UDC) for new dispenser systems. The Agency is requiring UST owners and operators to install secondary containment for new and replaced tanks and piping that:

will contain regulated substances leaked from the primary containment until they are detected and removed;

will prevent the release of regulated substances to the environment at any time during the operational life of the UST system; and,

2 As a general matter, EPA typically defers UST enforcement to the local authorities in those 12 states without program approval.

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is interstitially monitored for releases at least once every 30 days. (It should be noted that, under the Energy Policy Act of 2005 and state regulatory initiatives, many states already have adopted secondary containment requirements, including UDC.) EPA is not requiring secondary containment and UDC for UST systems where installation began on or before 180 days after the effective date of the updated UST regulations. The Agency considers an installation to have begun after (a) the owner or operator applied for or obtained all federal, state, and local approvals or permits; (b) physical construction or installation begins; or, (c) the owner or operator has entered into a contractual agreement that cannot be cancelled or modified without substantial loss and physical construction or installation will commence within a reasonable time frame. EPA has indicated to NATSO that the Agencys intent is to make a determination as to whether UDC is required on a dispenser-by-dispenser basis. EPA, while not requiring retrofits, expects UST owners and operators to replace single-walled UST systems as they age with secondarily-contained tanks, piping and UDC. The retrofit triggers for replacing single-walled systems with secondarily-contained tanks are as follows:

For a tank, this means to remove a tank and install another tank. For piping, it means to remove 50 percent or more of piping and install

other piping, excluding connectors, connected to a single tank. 3 A dispenser system is new when owners and operators install both the

dispenser and equipment needed to connect the dispenser to an UST system.

For UDC, EPA includes check valves, shear valves, unburied risers or flexible connectors, and other transitional components as equipment that connects a dispenser to an UST system. This equipment is located underneath the dispenser and typically connects underground piping to a dispenser. EPA says that, if an UST owner or operator replaces a dispenser, but uses existing equipment to connect a dispenser to the UST system, then UDC is not required. In order to contain small releases from the dispenser, piping, and other equipment, UDC must be liquid tight on its sides, bottom, and at any penetrations through the containment.

3 For tanks with multiple piping runs, this definition applies independently to each piping run.

Updated UST Regulations July 13, 2015 Page 6 of 16 The updated UST regulations require the closure (and replacement) of USTs that have been internally lined to meet the corrosion protection requirements under the federal UST rules if the lining fails the periodic walkthrough inspections and cannot be repaired in accordance with a code of practice developed by a nationally-recognized association or independent testing laboratory. B. Periodic Operation and Maintenance Walkthrough Inspections

The final rule requires periodic walkthrough inspections to prevent and detect releases, and further contains additional requirements for periodic spill, overfill, and secondary containment monitoring. EPA, based on comments from NATSO and others, substantially changed the final requirements for UST owners and operators to conduct periodic, physical walkthrough inspections from what it proposed in 2011. Under the updated UST regulations, periodic walkthrough inspections must be conducted as follows:

Every 30 Days UST owners or operators must check spill prevention equipment and remove any liquids or debris from spill buckets4; check fill caps to ensure they are securely fit on fill pipes; check release detection equipment to ensure it is operating with no alarms or unusual operating conditions; and, ensure release detection records are current and reviewed.

Annually At least once a year, UST owners or operators must check

containment sumps for damage, releases or leaks; check hand-held release detection equipment, such as bailers and gauge sticks, for operability and serviceability; and, for double-walled containment sumps with interstitial monitoring, check for leaks in the interstitial area.

In the updated UST regulations, EPA permits owners and operators to satisfy the periodic operation and maintenance walkthrough inspection requirements by using a code of practice developed by a nationally-recognized association or independent laboratory or according to requirements imposed by the state UST program.5

4 For double-walled spill buckets with interstitial monitoring, the owner or operator must check for a leak in the interstitial area, with the exception for USTs receiving deliveries at intervals greater than 30 days. In this exception, the spill prevention equipment must be checked prior to each delivery. 5 EPA cites the Petroleum Equipment Institutes (PEI) Recommended Practices for the Inspection and Maintenance of UST Systems (PEI/RP900) as a consensus code of practice that may be used to meet the periodic walkthrough inspection requirement.

Updated UST Regulations July 13, 2015 Page 7 of 16 EPA agreed with NATSOs comments and will require UST owners and operators to begin conducting the periodic operation and maintenance walkthrough inspections three years after the effective date of the updated UST regulations. UST owners and operators can conduct the periodic walkthrough inspections themselves or they can hire a third party to conduct these inspections. In addition to the foregoing, EPA did not change the existing requirement for checks of cathodic protection systems at 60-day intervals. C. Spill Containment Testing EPA has added an every three-year testing requirement for spill prevention equipment (such as a catchment basin, spill bucket, or other spill containment device) to ensure that the equipment will contain small drips and spills when the delivery transfer hose is disconnected from the fill pipe. The updated UST regulations require UST owners and operators to conduct testing using vacuum, pressure, or liquid methods using the manufacturers test procedures or a code of practice developed by a nationally-recognized association or independent testing laboratory. EPA says that the manufacturers requirement is an option only when the manufacturer has developed requirements for testing the tightness of its spill prevention equipment.6 In the updated UST regulations, EPA does not require periodic testing of double-walled spill prevention equipment if the integrity of both walls is periodically monitored by the walkthrough inspections discussed above.7

Owners and operators who use the code of practice option for meeting the periodic walkthrough operation and maintenance inspections requirements, as well as other requirements in the updated UST regulations, must use the entire code of practice. For example, an UST owner or operator cannot selectively choose which inspection areas in the code of practice it intends to follow. EPA will require UST owners and operators to maintain records of the periodic operation and maintenance walkthrough inspections for one year. 6 EPA cites PEIs Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities (PEI/RP 1200) as satisfying the spill prevention testing requirement. 7 For USTs that receive infrequent deliveries (less often than once every 30 days) , such inspections must occur before each delivery instead of at least once every 30 days.

Updated UST Regulations July 13, 2015 Page 8 of 16 EPA, in its proposed rule, intended a one-year period to begin the spill prevention testing requirement. In the final rule, EPA agreed with commenters, including NATSO, that the first test should be conducted no later than three years after the effective date of the updated UST regulations and then every three years thereafter. D. Overfill Containment Inspections The final rule requires owners and operators to test proper operation of overfill prevention equipment (i.e., automatic shutoff devices, flow restrictors, and high level alarms) at least once every three years to help ensure the equipment is operating properly and will activate before an UST is overfilled. For overfill prevention equipment inspections, owners and operators must use the manufacturers requirements or a code of practice developed by a nationally-recognized association or independent testing laboratory. 8 Manufacturers requirements are an option only when manufacturers have developed inspection requirements for their overfill prevention equipment that determines the device is set to activate at the appropriate level in the tank and will activate when the regulated substance reaches that level. EPA, in its proposed rule, intended a phase-in of the overfill prevention inspections over a three-year period based on tank age. In the final rule, EPA agreed with commenters, including NATSO, that the first inspection should be conducted no later than three years after the effective date of the updated UST regulations and then every three years thereafter. EPA eliminated in the updated UST regulations the use of flow restrictors (i.e., ball float valves) in vent lines as an overfill protection option for new UST systems installations or when overfill equipment is replaced. The Agency will allow the continued use of ball float valves in USTs installed on or before the effective date of the regulation, provided that the ball float operates properly. Beginning three years after the effective date, ball float valves must be tested for proper operation once every three years. If the ball float valve is not operating properly and cannot be repaired, it must be replaced with either automatic shutoff devices or overfill alarms. E. Secondary Containment Testing

8 EPA cites PEIs Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities (PEI/RP 1200) as satisfying the overfill prevention inspection requirement.

Updated UST Regulations July 13, 2015 Page 9 of 16 The final rule does not does require periodic secondary containment testing of secondarily-contained tanks and piping (which was required in the 2011 proposed rule).9 This is a positive development because it avoids discouraging tank owners to replace older single walled UST systems with secondarily-contained systems, and further does not penalize early installers of secondarily contained systems.

In addition, the Agency decided not to require periodic testing of double-walled containment sumps where the integrity of both walls is periodically monitored. The Agency says that periodically monitored means that the interstitial space must be monitored at a frequency consistent with, or more frequently than, the walkthrough inspections discussed above on pages 6-7. The final rule does add a requirement for owners and operators to conduct testing of containment sumps, including sump penetrations, used for interstitial monitoring of piping at least once every three years. EPA agreed with NATSO and other commenters that the three-year cycle for this testing aligns with other three-year testing and inspection obligations for UST systems. For containment sumps that require testing at least once every three years, the updated UST regulation requires owners and operators to conduct testing by using vacuum, pressure, or liquid methods. In addition, the test must be conducted in accordance with manufacturers requirements or a code of practice developed by a nationally recognized association or independent testing laboratory. The manufacturers requirement is an option only when the manufacturer has developed testing requirements for their containment sumps that ensure their containment sump is tight.10 F. Release Detection Equipment

9 However, the updated UST regulations do require testing following a repair or, as appropriate, in response to a suspected release. Interstitial areas where interstitial monitoring is used need to be tight following a repair so that the interstitial monitoring will detect a release before it reaches the environment. Likewise, interstitial areas need to be tested in response to a suspected release to determine whether a leak has reached the environment. 10 EPA does cite to PEIs Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities (PEI/RP 1200) as satisfying the secondary-containment testing requirement.

Updated UST Regulations July 13, 2015 Page 10 of 16 The final rule requires tank owners and operators to perform operation and maintenance tests on electronic and mechanical components of their release detection equipment once every three years. EPA has attempted in the updated UST regulations to standardize the operation and maintenance for all release detection equipment by requiring a set of minimum operation and maintenance criteria that owners and operators must follow for both electronic and mechanical based-release detection equipment. UST owners and operators must perform annual operation and maintenance tests on electronic and mechanical components of their release detection equipment to ensure the equipment is properly operating. Owners and operators are required, at a minimum, to check this equipment:

Automatic tank gauge (ATG) systems and other controllers Test alarm Verify system configuration Test battery back-up

Probes and sensors Inspect for residual build-up Ensure floats move freely Ensure shaft is not damaged Ensure cables are free of kinks and breaks Test alarm operability and communication with controller

Automatic line leak detector (ALLD) Simulate leak which determines capability to detect a leak

Vacuum pumps and pressure gauges Ensure proper communication with sensors and controller

Handheld electronic sampling equipment associated with vapor and groundwater monitoring Ensure proper operation

EPA provides three years to implement the operation and maintenance requirements for leak detection equipment.11

11 EPA cites PEIs Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities (PEI/RP 1200) as satisfying the testing requirement for release detection equipment.

Updated UST Regulations July 13, 2015 Page 11 of 16 Groundwater and vapor monitoring as methods of leak detection are allowed with some restrictions.12 For owners and operators choosing groundwater or vapor monitoring as their method of release detection, EPA is requiring hand-held electronic equipment such as photoionization devices. Non-electronic hand-held devices, such as measuring sticks and groundwater bailers, are covered under the periodic walkthrough requirements. EPA does clarify that its requirement for simulated testing of line leak detectors applies to both electronic and mechanical line leak detectors. EPA historically has referred to both electronic and mechanical devices as automatic line leak detectors. G. Operator Training In the updated UST regulations, EPA adds operator training requirements to ensure properly trained individuals operate all regulated UST systems. The operator training provisions of the Energy Policy Act of 2005 already require state UST programs, as a condition of receiving federal UST money, to develop state-specific training requirements for three classes (i.e., A, B and C) of UST system operators. In the updated UST regulations, EPA requires UST owners and operators to ensure all Class A, B, and C operators successfully complete a training program or a comparable examination within three years of the effective date of the final rule.13 This aligns with the timeline for the rules inspection requirement, which will make it easier for UST system owners and operators to comply.

Class A Operators These are the individuals with primary responsibility for operating and maintaining a UST system. The Class A training program must teach and evaluate operators knowledge to make informed decisions regarding compliance and determine whether appropriate people are performing the operation, maintenance, and recordkeeping requirements for UST systems.

12 EPA determined that vapor monitoring and groundwater monitoring are used by five percent of the UST owners to comply with the Agencys release detection requirements. UST owners in Arkansas (29 percent), Louisiana (12 percent) and Mississippi (65 percent) rely on vapor monitoring, groundwater monitoring, or a combination more often than UST owners throughout the rest of the country. 13 Because tank owners and operators often rely on contractors to perform various UST system tasks, the final rule allows UST owners to designate contractors as their Class A, B, and C operators, as long as they are trained in all areas for the class of operator designated.

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Class B Operators These are the individuals with day-to-day responsibility for implementing regulatory requirements established by the implementing agency (generally the state agency implementing the tank program). The Class B training program must teach and evaluate operators knowledge and skills to implement UST regulatory requirements on typical UST system components or site-specific equipment at UST facilities.

Class C Operators These are the individuals responsible for initially

addressing emergencies presented by a spill or release from the UST system. The Class C training program must teach and evaluate individuals knowledge to take appropriate action, including notifying appropriate authorities, in response to emergencies.

H. Tank Compatibility with Alternative Fuels The chemical and physical properties of ethanol and biodiesel can be more degrading to certain UST system materials than petroleum alone. As the use of ethanol and biodiesel-blended fuels increases, there is concern at EPA that not all UST system components are compatible with those fuel blends.

The 1988 UST regulations require that UST systems be made of, or lined with, materials compatible with the substance stored. EPA did not change this requirement in the updated UST regulations. The final rule stipulates, however, that owners and operators storing any regulated substance blended with greater than 10 percent ethanol or greater than 20 percent biodiesel must demonstrate compatibility by (a) certification of listing of their system components by a nationally-recognized testing laboratory (such as Underwriters Laboratories, or UL)14; (b) equipment or component manufacturer approval15; or, (c) another

14 Many pieces of UST equipment and components in the ground today were manufactured before regulated substances containing ethanol or biodiesel existed and are thus not approved for use with these fuels. Currently, certain tanks and piping have been tested and are listed by UL for use with higher-level ethanol blends. However, many other pieces of equipment and components of UST systems, such as leak detection devices, sealants, and containment sumps, may not be listed for use with these blends. 15 The manufacturers approval must be: in writing; include an affirmative statement that the equipment or component is compatible with the fuel blend stored; specify the range of fuel blends for which the equipment or component is compatible; and, must be issued by the manufacturer (and not the installer or distributor).

Updated UST Regulations July 13, 2015 Page 13 of 16 method that the implementing agency determines to be no less protective of human health and the environment than the other two options.

In addition to the materials compatibility requirement, the final rule requires

UST owners or operators to notify the state UST program 30 days prior to switching to a regulated substance containing greater than 10 percent ethanol or 20 percent biodiesel. The final rule does not require owners and operators to maintain records for all new and replaced equipment. They are required, however, to maintain records that demonstrate compliance with the final rules compatibility provisions for as long as the UST system stores fuel blends with greater than 10 percent ethanol or greater than 20 percent biodiesel. I. Repairs EPA continues to allow repairs to be made to leaking UST systems. Upon the effective date of the final rule, EPA requires:

Repaired secondary containment areas of tanks must be tested for tightness within 30 days of the repairs;

Repaired spill or overfill prevention equipment must be tested or inspected to ensure it is operating properly within 30 days of the repair; or,

Secondary containment areas of piping used for interstitial monitoring and containment sumps used for interstitial monitoring of piping must be tested for tightness within 30 days of the repair.

EPA requires that records for each repair must be kept until the UST is permanently closed or it undergoes a change in service J. Emergency Generator USTs In the updated UST regulations, EPA eliminates the deferral for release detection for UST systems storing fuel solely for use by emergency power generators. EPA says that owners and operators have the flexibility to choose the most appropriate release detection methods for their emergency generator UST systems, including line leak detectors that trigger an alarm only and do not necessarily shut down the pumps. The alarm must be transmitted to a monitoring center where someone can hear or see the alarm and where someone can be dispatched to respond to the suspected release. Owners or operators of emergency generator USTs installed before the effective date of the updated UST regulations must begin meeting the release

Updated UST Regulations July 13, 2015 Page 14 of 16 detection requirements within three years of the effective date. USTs storing fuel for emergency power generation installed after the effective date must meet the release detection requirements at installation. K. New Technologies In the updated UST regulations, EPA adds steel tanks that are clad or jacketed with a non-corrodible material to the list of specific new tank design and construction options for UST systems. EPA estimates that 10 percent of regulated USTs today are jacketed with a non-corrodible material and 18 percent are clad with a non-corrodible material.16 In addition to fiberglass, EPA recognizes in the final rule that manufacturers today are using other non-corrodible materials claddings for steel tanks, which are listed by UL standard 1746, External Corrosion Protection Systems for Steel Underground Storage Tanks.17 The 1988 UST regulations allowed fiberglass-reinforced plastic piping, but did not specifically include other non-corrodible piping options, such as flexible plastic piping. In the updated UST regulations, EPA recognizes that both fiberglass and flexible plastic piping are listed under the UL 971 standard, Nonmetallic Underground Piping for Flammable Liquids. The Agency estimates that at least 13 percent of regulated piping currently installed is made of non-corrodible materials that are not fiberglass-reinforced plastic. L. Statistical Inventory Reconciliation The update UST regulations add statistical inventory reconciliation (SIR) as an approved release detection method and provides performance criteria for its use. Many NATSO members have been using SIR as a monthly release detection method for years based upon state approvals. EPA considered, but did not include in the final rule, separate release detection requirements (particularly SIR) for high-throughput facilities, such as truckstops and travel plazas. EPA says in the final rule that SIR must:

16 The 1988 UST regulation allowed a steel-fiberglass-reinforced-plastic composite tank (also called a fiberglass clad tank), but did not specifically include other non-corrodible claddings. 17 EPA considers a cladding to be a non-corrosive dielectric material, bonded to a steel tank with sufficient durability to prevent external corrosion during the tanks life.

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Report a quantitative result with a calculated leak rate; Be capable of detecting a leak rate of at least 0.2 gallon per hour or a

release of 150 gallons within a 30-day period with a probability of detection of not less than 0.95 and a probability of false alarm of no greater than 0.05; and,

Use a threshold that does not exceed one-half the minimum detectable leak rate.

Some SIR methods are qualitative based methods that simply provide a result of pass or fail without any additional information for UST owners and operators to gauge the validity of reported results. EPA, however, estimates that 85 percent of SIR methods listed are quantitative-based methods. Because many state UST program already allow only quantitative methods, the updated UST regulations also only allow quantitative SIR as an option for meeting the release detection requirement. IV. Conclusion As noted above, this summary is intended to cover only some of the 25 topics addressed by EPA in the final rule. The Agencys website (www.epa.gov/OUST) contains additional helpful information, including:

Links to a pre-publication copy (468 pages) of the final rule, along with the Regulatory Impact Analysis and Response to Comments documents (there also will be a link to the Federal Register version once it is published);

A redlined comparison of the 1988 UST regulations with the amendments made by EPA;

A chart summarizing the changes made by the updated UST rule; and, Other resources, including a revised Musts for USTs booklet intended

primarily for small businesses. NATSO worked hard on behalf of its members to convince EPA to adopt requirements that were protective of the environment while understanding the capital, labor and paperwork burdens on the Associations members. Please direct any questions on the updated UST regulations to: Brad Stotler: Vice President, Government Affairs 703-739-8566, bstotler@natso.com David Fialkov: Legislative and Regulatory Counsel

Updated UST Regulations July 13, 2015 Page 16 of 16 703-739-8501, dfialkov@natso.com