New UST Requirement Takes Effect in Certain States

Businesses that own or operate an underground storage tank (UST) system in a state whose UST program does not have "state program approval" status from the Environmental Protection Agency (EPA) are subject to enhanced requirements as of April 12, 2016.
Specifically, all newly installed or replaced tanks and piping must have secondary containment with interstitial monitoring, according to EPA. But if the piping is safe suction piping, that piping does not require secondary containment and interstitial monitoring, EPA says. Suction piping is considered "safe" if it: 

(i) is below-grade piping that operates under atmospheric pressure; 

(ii) slopes enough that the product in the pipe can drain back into the tank when suction is released; and

iii) has only one check valve, which is as close as possible beneath the pump in the dispensing unit.  

In addition, pressurized piping in these states without state program approval status must continue to have an automatic line leak detector. The states and territories without program approval affected by the April 12 deadline are: New York, New Jersey, Florida, Ohio, Kentucky, Michigan, Illinois, Wisconsin, Wyoming, Arizona, California, Alaska, Guam, Samoa, and Northern Mariana Island. The other 38 states, Washington, D.C., and Puerto Rico each have approved programs and thus may be subject to different requirements.  

These enhanced requirements emanate from a final EPA rule released last summer. NATSO's detailed memorandum summarizing this rule is available here. 

More information on these requirements is also available from EPA here. Click on the link titled "Operating and Maintaining Underground Storage Tanks."

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David Fialkov

David Fialkov is the Vice President of Government Relations, as well as the Legislative and Regulatory Counsel, at NATSO. In this capacity, Mr. Fialkov directs NATSO's legislative, regulatory, and legal strategy on a range of issues, including transportation, energy and fuels, labor, data security, and taxes. Mr. Fialkov also oversees NATSO's political engagement program, including individualized legal and political counsel to member companies. Prior to joining NATSO, Mr. Fialkov was the senior associate in the Government Affairs and Public Policy practice at the law firm of Steptoe and Johnson in Washington, D.C. At Steptoe, Mr. Fialkov advised clients on legislative, regulatory, and political issues, as well as legal concerns. His primary clients included trade associations representing the motor fuel wholesale and retail industries, including the National Association of Convenience Stores and the Society of Independent Gasoline Marketers of America. Mr. Fialkov's focus was not only on the motor fuels business, but also the litany of other issues that retailers confront, including labor matters, foodservice issues, healthcare and employment issues, tax matters and data security. Prior to joining Steptoe, Mr. Fialkov graduated with honors from George Washington University Law School. He received his B.S. Summa cum laude with highest honors from Clark University in Worcester, MA. He lives in Washington, D.C. with his wife Allison and daughter Lilah. More
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