Proposed Rules

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Proposed Administrative Rules (Posted May 20, 2009)

Amendments to Chapter 135 and 134, "Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks"

The Department is presenting the proposed additions to Chapters 135 and 134 to implement the EPA’s Operating Training and UST Inspections guidelines, part of the Federal Energy Policy Act of 2005, and as authorized per legislation passed in 2007 (SF 499/HF792) (Iowa Act). Also included are amendments on piping in-line catastrophic leak detection at unstaffed facilities and using certified groundwater professionals for soil and groundwater sampling when permanently closing underground storage tanks and piping.

The rules outline three classes of operators that must be trained and designated at all underground storage tank (UST) facilities: Class A, Class B, and Class C. In brief, Class A operators have primary responsibility to operate and maintain the UST system; Class B operators actually implement applicable UST regulatory requirements and standards in the field; and the Class C operator is an employee at the UST site (e.g., cashier) and is the first line of response to events indicating emergency conditions. These rules contain specific job duties, training requirements, and training deadlines applicable to each operator class.

Additions to Chapter 134 include conflict of interest provisions contained in the EPA guidelines applicable to compliance inspectors. Compliance inspections cannot be conducted by licensed inspectors who are employees of the UST owner or operator. The change is required to continue receiving federal funding and EPA state program approval.

The rule change for piping leak detection at un-staffed facilities requires in-line leak detection to shut off the submersible pump and stop product flow to the dispenser. In-line leak detection is for catastrophic leaks in pressurized product lines. They are generally designed to alert the onsite operator of the catastrophic release by slowing down product flow or activating an alarm so the submersible pump can be immediately shut down. When facilities are not staffed, there is no one for an alarm to notify so the system can be shut down.

The amendments also require that the soil and groundwater investigations required when UST systems are permanently closed by removal or filling in place be conducted by a groundwater professional certified by the Department under chapter 567 IAC 134, Part A. The amendment allows the Department the discretion to exempt this requirement at its discretion.

Attached are the Notice of Intended Action, the Fiscal Impact Statement, and Form A1.

Elaine Douskey
Program Supervisor – Underground Storage Tank Section
Land Quality Bureau
Environmental Protection Division

April 27, 2009