MassDEP Issues New Underground Storage Tank Rules: 310 CMR 80.00 Reply

On January 2, 2015, new underground storage tank (UST) regulations went into effect and the previous Department of Fire Services regulations at 527 CMR 9.00 were rescinded.

While many of the requirements have remained the same, several new provisions have been added. These include:

• New design, construction and installation requirements
• New general operating requirements
• New third-party inspection requirements
• New financial responsibility requirements and
• New authority for MassDEP to institute delivery prohibition orders.

Of particular interest to owners and operators of UST systems serving emergency generators is a new requirement for these systems to have leak detection. There are also new requirements that may require upgrades of systems that utilize submersible pumps and ball-float valves. In addition, any new or replacement spill buckets must now be five gallons.

It is important to note that although the new regulations are issued and enforced by MassDEP, the local fire department will still maintain jurisdiction over permits for flammable storage.

More information, including a summary of the changes and a copy of the new regulations, can be obtained at http://www.mass.gov/eea/agencies/massdep/toxics/ust/newregs.html

CAPACCIO can help owners and operators interpret the new requirements and assist in determining if action is necessary to address the new requirements. Please contact Chris Walton, PE, BCEE, at (508) 970-0033 x139 or cwalton@capaccio.com if you would like to learn how we can help.

Department of Fire Services Issues Revision to 502 CMR 5 Reply

502 CMR 5 governs the permitting and use of containers greater than 10,000 gallons in capacity used for the storage of fluids other than water. On January 16, 2015, the new regulations went into effect, resulting in significant changes to the program.

Beginning with the next permit cycle, the use permit will be issued for five years. However, along with the next inspection report, owners must declare what nationally recognized standard applies to their tank. Future use permits will be issued contingent upon operators maintaining their tanks per the declared standard. Records must be kept in accordance with new recordkeeping requirements.
In addition, the new regulations clarify and expand application requirements, describe actions that must be taken to bring an unpermitted tank into the program, and specify how to apply for a change in use for a permitted tank.

CAPACCIO has extensive experience assisting clients with program compliance, through application preparation to inspections. Please contact Chris Walton, PE, BCEE, at (508) 970-0033 x139 or cwalton@capaccio.com for more information.