New BUSTR Rules Take Effect in July

Every five years, the Bureau of Underground Storage Tank Regulations (BUSTR) reviews their rules and regulations. Over the past year, BUSTR has been updating its rules and adding new rules to conform to the Energy Act of 2005.  To help you understand potential impact for you, I’ve listed some of the new information below.

  • Tank owners and operators must have designated and trained Class A, B and C operators for all underground storage tank facilities, including those that power emergency generators. The operators must be in place by August 8, 2012.
  • Secondary containment requirements for new underground storage tank systems have been expanded to meet requirements of the federal Energy Policy Act of 2005. Existing systems will not have to be upgraded by a specific date, but most repairs requiring permits will trigger an upgrade to meet new system standards.
  • Designating and maintaining a tank as out of service will require a permit that can be renewed after an inspection by a BUSTR inspector.
  • Owners and operators completing corrective action will have until October 1, 2012, to comply with the new rule. For most, this involves updating previously submitted data to meet new reporting standards.
  • BUSTR has revised its approach to drinking water identification; removal and disposal of contaminated soils; and free product recovery. Some owners and operators may find the changes favorable for their sites.
  • The State Fire Marshal now has the authority to “red tag” underground storage tank systems. This prohibits delivering products to systems that are not compliant with requirements for spill prevention, overfill prevention, corrosion protection and release detection equipment. A system can also be red tagged if the owner or operator received a notice of a violation that is not resolved within 60 days.
  • Ohio EPA and USEPA have assumed responsibility for administering all brownfield-related funding for cleanup of petroleum-contaminated sites. BUSTR will no longer handle any brownfield funding applications.

If you have questions on any of these changes related to your site, contact me and we can discuss the impact to you directly.

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