Chapter 135 and 134 Posted 5/21/2009

Notice of Intended Action - Chapters 135 and 134, “Underground Storage Tank Licensing and Certification Programs”

Pursuant to the authority of Iowa Code section 455B.474, the Environmental Protection Commission gives Notice of Intended Action to amend Chapter 135, "Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks,” Iowa Administrative Code.

The amendments adopt new rules requiring underground storage tank (UST) operator training, requiring closure investigations be conducted by a certified groundwater professional, amending the conflict of interest provisions for conducting compliance inspections, and piping leak detection requirements at unstaffed sites.

The Iowa Legislature passed legislation (2007 Iowa Acts, Senate File 499) granting rule making authority to the Environmental Protection Commission in response to provisions of the federal Energy Policy Act of 2005 (Federal Act). The Iowa legislation requires the Commission to adopt rules consistent with Environmental Protection Agency (EPA) guidance (see http://www.epa.gov/OUST/index.htm) requiring underground storage tank operator training rules. (See Iowa Code section 455B.474(8)”a”).

EPA guidance requires three classes of operators: Class A operators responsible for managing resources and personnel to achieve and maintain compliance; Class B operators responsible for implementing day-to-day aspects of operating, maintaining and recordkeeping for one or more facilities; and class C operators who are the on-site employees controlling or monitoring the dispensing of fuel and who are the first line of response to emergency conditions. One person can be more than one class of operator.

The rules provide responsibilities for each class of operator and criteria for training. The Department does not plan on providing training for operators, but will be approving training classes for Class A and B operators. The training will be provided by third parties or within a company’s normal training of personnel.

All training must be approved by the Department. The rules do allow for approval of on-line computer training that meets the requirements. Class C operators can be trained by the Class B operator. Class A and B operators must be designated and trained by August 1, 2011. For Class C operators, written basic operating instructions, emergency contact names and phone numbers, and basic procedures specific to the facility are to be provided and they must receive some basic training within 6 months of the rule becoming effective.

The amendments to the conflict of interest provisions for compliance inspections are needed to meet the EPA guidance for inspections required in the Energy Policy Act. The Department’s rules were adopted prior to the Act and EPA guidance. The EPA guidance does not allow compliance inspections to be conducted by licensed inspectors who are employees of the underground storage tank 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 shutoff 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 on-site operator of a 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 available to respond to an alarm. At existing sites that operate unstaffed, this requirement must be met by June 1, 2010.

The amendments require a groundwater professional certified by the Department under 567—Chapter 134, Part A, conduct the soil and groundwater investigation required when underground storage tanks are permanently closed by removal or filling in place. The amendment gives the Department discretion to exempt this requirement if Department staff are able to provide direct supervision.

Any interested person may submit written comments on the proposed rule amendment on or before July 10, 2009. Written comments should be sent to the Iowa Department of Natural Resources, Attn. Paul Nelson, 502 E 9th St, Des Moines, Iowa 50319, fax (515)281-8895, or e-mail paul.nelson@dnr.iowa.gov

Three public hearings will be held at 1 p.m. at the following locations at which time persons may present their views either orally or in writing.

Tuesday, July 7, 2009 -Denison Public Meeting Room, 111 N. Main Street, Denison, IA

Wednesday, July 8, 2009 - Coralville Public Library, Meeting Room B, 1401 5th Street,       Coralville, IA

Thursday, July 9, 2009 - Wallace State Office Building, 502 E. 9th St., 5th Floor Conference Room, Des Moines, IA

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department of Natural Resources and advise of specific needs.