ASTSWMO Statement on ASTM E3225-20 and Testing of Spill Prevention Equipment and Containment SUMPs Requirements in 40 CFR – 280.35

In March 2020, ASTM released E3225-20, Standard Practice for Performing a Liquid Test of Spill Prevention Equipment and Containment Sumps Used for Interstitial Monitoring of Piping by Visual Examination. ASTM E3225-20 provides a practice for inspection of spill prevention equipment and containment sumps by visual examination (“naked eye”) that does not use vacuum, pressure, or liquid testing.

COVID-19 Impact to State UST Cleanup Funds

In efforts to slow down the spread of the COVID-19 pandemic in March 2020, many states across the US issued “Stay at Home” orders and other travel restrictions. As a result, demand for transportation fuels declined significantly in March and April. It is likely that many states will see 50 to 70% reductions in gasoline fuel consumption during this time.

According to the US Energy Information Administration reports released on April 23, 2020, the COVID-19 mitigation efforts resulted in the lowest U.S. petroleum consumption in decades. The most significant declines in the last four weeks (March 13 through April 17) were in motor gasoline and jet fuel.

Webinar – Sources and Causes of UST Releases

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The focus of the Energy Policy Act of 2005 was leak prevention and included a provision for States to annually report the sources and causes of UST releases. The average percentage of unknown release sources was approximately 40% and the average percentage of unknown release causes was approximately 60% based on most recent available EPA Public Record reports posted on State websites.

The ASTSWMO Tanks Subcommittee is hosting this webinar to discuss the currently available source and cause information nationally, the impacts of source and cause at the State level, and corrosion/degradation related issues internally and externally for UST systems. The webinar will also present a State example of how we can document source and cause more thoroughly for future national leak prevention analysis efforts.

Speakers include:

Alex Hall (EPA ORD) will discuss his analysis of the EPA National Database for UST and LUST. His analysis includes a review of specific States’ data looking at causes of releases, tank construction, tank age, and some broad national trends.

Therron Blatter (UT DEQ) will discuss their analysis on source and cause of releases covered by Utah’s Petroleum Storage Tank (PST) Fund, which includes an evaluation of cleanup costs and release discovery method and key points for data collection in their evaluation of source and cause impacts.

Chris Marks (AZ DEQ) will discuss corrosion and degradation that has been observed internally and externally in UST systems in relationship to source and cause.

Zach Barrett (FL DEP) will discuss Florida’s process for determining and recording release source and cause information, which has helped decrease their percentage rate of unknown release source and cause information.

EPA National Database for UST and LUST – Webinar

Working with State partners, EPA has developed the first comprehensive national database on underground storage tank facilities, underground storage tanks, and leaking underground storage tanks. This data, including geospatial data, will assist States and stakeholders in identifying facilities that may be prone to flooding and assessing potential risk to ground water and vapor intrusion from LUST sites as well as in prioritizing cleanup efforts. Additionally, this database provides key data on the tanks infrastructure nationally, including the tank age and type.

On October 10, 2019, ASTSWMO hosted a webinar to share the application with States. EPA will make the database publicly available at a later date.

UST Insurance Brochure

This Association of State and Territorial Solid Waste Management Officials created the UST Insurance Brochure to provide some basic information that will help in the selection and evaluation of private underground storage tank (UST) insurance. It was specifically designed as a template to allow individual States to edit information as needed. The yellow highlighted words and citations are possible locations for State inserts and changes. For State Program Approval (SPA) States, please use your State citation instead of the federal citation listed. For non-SPA States, you can add your State requirement in addition to the federal citation if desired. Reformatting may be necessary if changes are made to the brochure.

UST Insurance Brochure and Introduction (PDF)
UST Insurance Brochure Template (Word)

UST Financial Responsibility Insurance Submittal Checklist for Regulators

The State Fund-Financial Responsibility (SF-FR) Task Force created the UST Financial Responsibility Insurance Submittal Checklist to assist States in their evaluation of policies submitted by UST owners/operators for FR compliance. This checklist offers easy to follow yes/no questions and a documentation list that regulators will find to be a valuable resource in their reviews. A Word template is included for States who wish to modify the template for their use.

Insurance Submittal Checklist and Introduction (PDF)
Insurance Submittal Checklist Template (Word)

Ability to Pay Policy Template and Forms

This document provides a general policy for ability to pay settlements in which an entity’s financial ability to pay is a significant consideration. An ability to pay settlement allows a business or an individual to settle the State’s environmental liability claim for less than the full amount, and it may be a legitimate option if a company or an individual cannot pay the full liability, or if in doing so, it creates a financial hardship. The document also includes two template forms for collecting information from individuals and businesses.
All or part of these policies and forms may be adapted by States into the regulatory framework of their unique programs.