UST Rulemaking Update

UST Rulemaking Update

The Iowa Department of Natural Resources Underground Storage Tank Section, PMCI, and other interested parties are continuing to work toward finalizing a framework of rules for Iowa’s adoption of EPA’s 2015 amendments to their underground storage tank (UST) regulations. In addition to the adoption of EPA’s 2015 UST amendments, the Iowa DNR UST section must submit all of their rules contained in Iowa Administrative Code Chapter 135 for review as part of EPA’s state program approval (SPA) process.

Thirty-eight states along with the District of Columbia and The Commonwealth of Puerto Rico have state programs approved by the EPA. States with UST programs are provided some flexibility in how they adopt federal requirements governing UST systems and regulatory oversight of UST systems is also under the control of the state agency. Iowa’s UST section has until October 13, 2018 to submit their rules to the EPA for review of our state program.

Once amendments to Iowa Administrative Code Chapter 135 are completed, we will make the full text of Iowa’s revisions available for review in preparation for the state’s public comment period. The first two major changes that will be seen by Iowa UST owners and operators will be requirements for monthly walk-through inspections and a more comprehensive annual inspection. Monthly walk-through inspections are likely to begin at Iowa UST facilities in November. The monthly walk-through inspections are visual inspections of UST systems that may be conducted by a facilities Class A, B, or C operator. Documentation of each monthly walk-through will be required to be maintained and readily available for review. The form for the monthly walk-through is nearly complete and PMCI will distribute the template in the coming weeks when it is finalized.

Annual walk-throughs will begin in 2019. Additionally, EPA’s 2015 UST amendments require tri-annual testing of containment sumps, under-dispenser containments, spill buckets, and overfill prevention devices. Under the rule draft currently being reviewed by stakeholders, the first round of tri-annual testing for these components will be required by October 13, 2021. If you have questions about the rule please contact John Maynes in the PMCI office at 515-421-4043 or by email at john@pmcofiowa.com. PMCI will be providing frequent updates on this rule more over the next couple of months.