TASTP/TCEQ Q & A

October 13, 2009

Q. 1) What is the status of the new rule for Operator training?

A. 1) As stated in our last meeting, subject to Executive Director and Commission approval, the PST Program has tentative plans to begin a rulemaking which will specify that any provider approved by TCEQ can provide training for Category A, B or C Operators either on-line or in-person, as long as that provider is sponsored by an association or industry organization recognized nationwide or statewide with regard to its affiliation with regulated petroleum underground storage tank systems (e.g., TPCA, API, PEI, ICC).  That provider will also be required to provide training documentation, including the on-going maintenance of records of certified operators.  Those records will be required to be accessible to TCEQ on an on-going basis.  C Operators will also be allowed to be trained in-house by A or B Operators, either within a given company or by private A or B Operators.  In either case, in-house training providers will need to provide documentation and keep on-going records of those trained.

In Addition, we are looking at the on-line training provided by the state of Oklahoma with regard to whether a similar process could be incorporated by TCEQ.

Each state must have a viable plan acceptable to EPA by August 8, 2009 and all operators must be trained by August 8, 2012.  The tentative plan for an enabling rule package has not changed and begins February 2010 with adopted rule by February 2011, leaving facilities 18 months to implement and complete training.

Q. 2) Where does the TCEQ stand currently on Operator Training?  What programs for training will they offer, cost (if any).  Accessibility to RP (i.e. web based or other) Are they allowing or deferring to third party training, if so, what (State) certification will be required for third party to certify RP?

A. 2) Please see No. 1, above.

Q. 3) Has or will TCEQ set regulations for bio-diesel tanks?  Has there been a set blend determined by TCEQ to establish regulatory guidance?

A. 3) As of January 1, 2006, the Texas low emission diesel (TxLED) regulations specified in Title 30 Texas Administrative Code (30 TAC)  Chapter 114.312 (a) prohibit the sale, supply, transfer, dispensing, or storage of any diesel fuel that does not comply with the TxLED requirements in any storage tank located in any of the 110 counties specified in 30 TAC Chapter 114.319(b) if the diesel fuel is ultimately intended for use in a diesel-powered compression-ignition engine operating in any of the 110 counties affected by the TxLED regulations.  Diesel fuel mixed with biodiesel to produce a biodiesel blend, e.g., a B20 biodiesel, is required to comply with the TxLED regulations if sold or supplied for use in any of the TxLED counties.

Currently, biodiesel blends of more than 5 percent biodiesel by volume are required under the TxLED program to be treated with additional additives that have been approved by the TCEQ to reduce nitrogen oxide emissions when the fuel is used in a diesel engine.  A list of the TCEQ approved additive formulations for B20 and lesser volume biodiesel blends is available online at http://www.tceq.state.tx.us/implementation/air/sip/cleandiesel.html.  Biodiesel blends greater than 20 percent by volume have not yet been approved for use in the TxLED counties.

Q. 4) Last December in a meeting in Austin, concerning devices that alert to possible leaks or liquid penetrations in the sumps need only alert the attendant that there is 2” or more of liquid in one of the sumps. It was indicated that this need only alert them via a light or audiable device. Please confirm that this does not have to be done with a formal ATG or other device.

A. 4) A light or audible device is sufficient.

Q. 5) Is a Coaxial Drop tube acceptable for stage 1 vapor recovery as a retrofit in older sites?

A. 5) If installed before 12/22/08 yes, if after, no.  (Of course if it’s in a Stage II area, it’s pretty much a given it’s a no.)  Rule cite follows:

115.222 (11) in the covered attainment counties, any storage tank installed after December 22, 1998 which is required to install Stage I control equipment must be equipped with a non-coaxial Stage I connection.  In addition, any modification to a storage tank existing prior to December 22, 1998, requiring excavation of the top of the storage tank must be equipped with a non-coaxial Stage I connection, even if the original installation utilized coaxial Stage I connections.

Q. 6) We are being asked by an owner where we have made a line repair to sign the TCEQ-UST REGISTRATION & SELF CERTIFICATION FORM Section 6 INSTALLER-SITE SUPERVISOR CERTIFICATION.  It states to LEAVE BLANK IF NO TANK OR UNDERGROUND LINE INSTALLATION ACTIVITY IS INVOLVED.  We had been told in the past to only sign this section for new installations and not repairs.  Is this section also to be signed for repairs and if not is the only required TCEQ form for a repair the construction notification form?

A. 6) Since TCEQ rule does not allow “repair” of lines, only “installation” of a new replacement segment, certification would be required.

Q. 7) What happens if a tightness test is missed on sumps, man ways and spill containers?

A. 7) Tightness testing is only required for new sumps/manways installed on or after 01/01/09 which are used for leak detection, and new dispenser sumps installed on or after 01/01/09.  It is not required for spill containers.  If a required tightness test is missed, an NOV may be issued.