December 20, 2017 | Vol. 67, No. 25
Dear PEI Member:
The PEI staff (pictured above with this year’s Toys for Tots donations) wishes our members and friends the joy of this special Season and a most prosperous New Year. Please let us know how we can be of assistance to you in 2018. It is our honor and privilege to serve this great industry.
REQUESTS DELAY OF UST TESTING REQUIREMENTS
Under the 2015 amendments to the federal underground storage tank (UST) regulations, spill buckets, overfill prevention equipment and containment sumps used for interstitial monitoring must be tested for liquid tightness at least every three years.
In the 16 states and territories that have adopted the federal regulations, the initial compliance test must be conducted by Oct.13, 2018. The District of Columbia. Puerto Rico and 38 states with State Program Approval (SPA) status must amend their existing plans and reapply for SPA by Oct. 13, 2018. Owners and operators in these jurisdictions then have three years from the date of their SPA renewal to meet the initial testing requirements. As a result, owners and operators in some SPA states could have until Oct. 13, 2021, to complete their first compliance tests.
In its letter, PMAA asks the EPA to extend the last possible compliance deadline by three years, to Oct. 13, 2024. In support of its request, PMAA makes five arguments:
1. The equipment in older tank systems was not designed or installed with the 2015 testing protocols in mind.
2. Some PMAA members are having difficulty finding contractors who can conduct the tests before the current deadline.
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3. Available testing methods, including those in PEI/RP1200: Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities, are inadequate for the wide array of equipment in use in the field.
4. The testing methods in PEI/RP1200 will generate a significant volume of contaminated test water that must be handled and disposed of as a hazardous waste.
5. Removing overfill prevention equipment to conduct a tightness test might damage the equipment beyond repair.
The EPA may respond to the PMAA request in one of three ways:
First, the EPA could choose to do nothing, in which case the existing deadlines for testing containment sumps, spill buckets and overfill protection devices will remain in place.
Second, through a fast-track procedure known as a “direct final rule,” the EPA has the authority to issue certain regulatory amendments without a formal rulemaking process. Because this procedure is designed only for noncontroversial changes, any proposed deadline extension made through a direct final rule would fail if the EPA received even one public objection.
The third and final option for extending the testing deadline is a formal rulemaking process. This approach would include development of a detailed proposal, a lengthy comment period and, quite possibly, public hearings. The timeline for formal rulemakings typically is measured in years, not months.
How will the EPA respond to PMAA’s request to extend the testing date for sumps, spill buckets and overfill protection devices? We are betting on option #1 (the EPA taking no action) or #3 (a formal rulemaking process). Delaying such an important deadline doesn’t seem like the kind of “noncontroversial change” that is appropriate for a direct final rule.
But, we’ll see.
FOR UNIVERSITY OF INNOVATIVE DISTRIBUTION BY JAN. 10
UID is a customized educational conference for professionals in the wholesale distribution industry. PEI members who have attended in recent years give the event rave reviews, as evidenced by this success story of one PEI member and the personal testimonial of 2018 PEI President Robert Peavey.
In addition to the $100 early bird discounts, PEI offers $600 scholarships to the first 30 members who register, making the net rate only $495 for those who register by Jan. 10.
View the full menu of UID courses and register at www.pei.org/uid. Note: Many UID classes fill up well in advance, so early registration is strongly encouraged.
CONFERENCE HOTEL ROOM BY JAN. 2
PEI MEMBER NEWS
Patriot Capital promoted four of its financing professionals: Geoff Smith is now director of western sales; Emily Cain was named Texas territory manager; Midwest Regional Manager Brian Wolfgang was given added responsibility for Oklahoma; Southeastern Regional Manager Jonathan Carrizzo assumed responsibility for Louisiana, Arkansas and Tennessee.
Petrosoft opened a new corporate headquarters at 290 Bilmar Drive, Pittsburgh, PA. The 67,000-square-foot facility will house the company’s administrative, human resources, product development, implementation, customer services, marketing, sales and technical support teams.
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The TulsaLetter (ISSN 0193-9467) is published two or three times each month by the Petroleum Equipment Institute. Richard C. Long, Editor. Opinions expressed are the opinions of the Editor. Basic circulation confined to PEI members.