October 13 is a significant date for retail-fueling operators across the U.S. That’s when latest EPA regulations go into full effect regarding the testing and maintenance of UST equipment and systems. And if you’re not compliant, the penalties can be fierce. Click on the above image to view the “Are You Ready?” video. You will have to provide your name to view the video.
Check out OPW’s exclusive infographic for reality check on the “Cost of Non-Compliance” below.
Please feel free to contact us at 1.800.451.4021 with any questions about the October 13, 2018 EPA regulations, whether you are in compliance and how OPW products and the John W. Kennedy Company can ensure that you are!
The John W. Kennedy Company appreciates your business and continued support!
OPW has put together a quick reference guide for everything you need to know to be compliant with the new EPA testing requirements.
Download OPW’s EPA Regulations guide to gain access to information from brochures, videos and articles to help you prepare for the October 13, 2018 compliance deadline. Please be sure to indicate the specific OPW EPA-Compliant testable products for which you would like to receive additional information.
Aside from getting some background on why the new regulation exists, who and what it affects, specifics about testing and what happens for non-compliance, it also includes 7 Ways Your Underground Fueling System Can Save You Money.
The following is reproduced from an OPW newsletter.
The Massachusetts Department of Environmental Protection (MassDEP) is proposing to amend 310 CMR 7.24(3) Distribution of Motor Vehicle Fuel, to update the tables of Stage I systems certified by the California Air Resources Board (CARB) since January 2, 2015, the date the current Stage I regulation was last revised.
The existing regulations at 310 CMR 7.24(3) is part of the Massachusetts Ozone State Implementation Plan (SIP) and the regulatory amendments will be submitted to the U.S. Environmental Protection Agency (EPA) for approval into the SIP. A public hearing will be held to receive comments on the proposed amendments on:
August 1, 2017
10am – 12pm
Conference Room A
MassDEP Boston Office
1 Winter Street, Boston 02108
Testimony may be presented orally or in writing at the hearing. MassDEP will accept written comments until 5:00 p.m. on August 31, 2017. Written comments must be submitted by email to: DEP.Talks@state.ma.us or by mail to: Tom DeNormandie, MassDEP, One Winter Street, Boston, MA 02108. A copy of the proposed amendments and technical support document is available on MassDEP’s website at mass.gov/dep/public/publiche.htm.
Stage I Vapor Recovery Enforcement Discretion Directive
for Owners/Operators of Motor Vehicle Fuel Dispensing Facilities Subject to
310 CMR 7.24(3)
Attached is an Enforcement Discretion Directive, effective immediately, allowing the installation of Stage I enhanced vapor recovery (EVR) systems and components that are contained in California Air Resources Board (CARB) Orders issued since January 2, 2015 prior to the effective date of revisions to 310 CMR 7.24(3).
If you have any questions concerning the proposed amendments to 310 CMR 7.24(3), or the conditions of the above directive, please call the MassDEP Stage I hotline at 617-556-1035, ext. 1, or Jeff Gifford at 617-556-1144; jeffrey.gifford@state.ma.us.
The following has been reproduced from a Morrison Brothers email blast from the desk of Rick Zillig, Manager QCCS June 6, 2017:
Subject: California Proposition 65 Notice
Morrison Bros. Co. (MBC) has recently been made aware of several MBC products being made available “online” and/or through retail outlets in the state of California. California’s Proposition 65 requires formal, public notice through proper warning labels for individual items, such as the one shown below, and MBC will immediately begin including warning labels for products that contain brass.
Click above warning image to read full notice from Morrison Brothers
MBC products are not intended for applications involving potable water or any form of human or animal consumption. They are designed and manufactured exclusively for use in fuel and chemical handling. The Morrison catalog and product specification sheets include the materials of construction. Please take necessary precautions when designing systems, specifying products, and selling these products. If you have any questions on an application, contact MBC immediately.
MBC products are sold exclusively through authorized distributors. Distributors are trained and kept aware of product specifications, applications, and regulatory status. MBC cannot control the retail sales and end use of the products, but will immediately send notice, such as this, to distributors when the company is made aware of any situation in the field. It is important to read and understand the notice, comply with the warnings, and take corrective action when necessary in cases involving noncompliance.
Thank you for your attention.
If you have any questions in regards to any of these Morrison products, please feel free to contact us at 1.800.451.4021.
We appreciate your continued business and support!
The following article was written by Richard Browne of Patriot Capital for www.cspdailynews.com. Read the original article here.
ATLANTA — There was a collective sigh of relief on Dec. 1, when Visa, followed quickly by MasterCard, announced a shift in the forecourt gas-pump liability date from 2017 to 2020. I believe there also was a smile in some boardrooms, as retailers that already have invested see an opportunity to capture gallons and inside sales.
Industry reports suggest that about 33% of dispensers in the market are capable of processing payments to Europay MasterCard Visa (EMV) data-security standards with either a software or small hardware upgrade. This represents dispensers installed since 2011, when both Wayne and Gilbarco started shipping “EMV-ready” dispensers. Both manufacturers are reportedly close to or have released the required software to enable EMV, and there’s high probability that many networks will be processing EMV from pumps by mid- to late 2017.
So what?
Consumers are quickly becoming used to using a chip card. They are aware of the reason for it: increased security. Crooks are aware of EMV, and can quickly identify fuel dispensers that have—or don’t have—EMV payment enabled.
I believe we’ll see two things happen:
Consumers will shift their buying behavior to EMV-enabled gas pumps, starting in 2017. A high percentage of your customers have had one of their cards breached in the past and want the most secure transaction possible. In Europe and Canada, which have completed their implementation, retailers saw gallons shift to “secure” EMV sites from those that hadn’t yet been upgraded. Switching costs are low in our industry; it’s very easy for a customer to drive another block for a safer experience.
Criminals will have a shrinking number of sites to target. About 10% of dispensers are replaced each year. This suggests that, with no acceleration in upgrades, more than 50% of dispensers will be EMV-enabled in 2018, and 70% in 2020. The crooks have got to eat, and they will have half the sites to target that they had in 2015. Combine this with EMV implemented at restaurants and retail, and the potential places to commit card fraud becomes a small target.
Gray Taylor, executive director of Conexxus, said that Visa and MasterCard’s delay announcements appear to not clearly delay liability for retailers who experience higher fraud rates or those accepting foreign-issued cards. “We don’t see this announcement as a true game delay, but a bit of breathing room,” he said.
It is important to review your fraud liability with your processor, and understand Visa and MasterCard’s plans and how increased fraud may affect you.
It’s highly unlikely that we’ll see the liability upgrade deadline move again. With the installed EMV base naturally approaching 80% or more dispensers, the arguments that caused the date to move have less sway, and all other U.S. payments markets will have been EMV-enabled for five years.
Waiting will get more expensive. It’s generally anticipated that the new administration’s economic plans will result in higher inflation and interest rates. Combine this with promised lower tax rates, which effectively reduce the benefits of capital depreciation and makes equipment more expensive on a net-cost basis, and increases in labor costs, and waiting will be expensive. For multisite operators, the change in bonus depreciation from 50% today to 30% in 2019 and 0% in 2020 can have a significant cash-flow impact.
Competitors that have upgraded to new pumps will have enhanced marketing capabilities that the newest pumps provide. Video screens and contactless payment provide marketing options that can increase adoption of customer-loyalty programs and drive more traffic into your store.
The bottom line: Delaying pump EMV upgrades means potential market-share loss and higher fraud risk for your site. Consumers—and crooks—will know who’s made the move.
The John W. Kennedy Company appreciates your business and continued support!
Dear Stage I/II Facility Owner/Operators and Stakeholders,
An updated spreadsheet, “MassachusettsStage I & II Facilities’ Compliance Certification Due Dates & Status”, is now posted on our MassDEP Stage I / II Vapor Recovery website.
Please note the revised spreadsheet was posted on 9/9/16. An updated spreadsheet will be posted in October.
The spreadsheet can be viewed and downloaded at this link:
The spreadsheet is located in two sections on the website;
“Stage I Vapor Recovery Certification Forms” section, and
“Stage II Vapor Recovery Certification & Decommissioning Forms” section.
Please Review the Following:
Registered Stage I / II facilities:
The spreadsheet lists Stage I or Stage II facilities that are registered in the MassDEP Stage I / II database.
Reasons you cannot find a facility or certification form on the report:
There are a number of scenarios why you cannot find a facility or current certification form on the report:
A Stage I / II facility has not registered with the MassDEP Stage I/II program.
The annual Stage I or Stage II certification form, or Stage II decommissioning form, was not received by the Stage I/II program.
Tanks were removed at a facility, and the Stage I/II account was closed, but the Stage I/II program was not notified that new tanks were installed.
For example, a facility removes an underground storage tank (UST), but does not register a newly installed aboveground storage tank (AST) with the Stage I program. ASTs are applicable to the Stage I Vapor Recovery Program and must register with MassDEP by submitting the applicable Stage I certification form, either a Stage I Form A or Stage I Form C,
Data Fields and comments:
Facility ID: The “Facility ID” is Stage I/II ID number, NOT the UST ID number.
Company Name: Company name, facility name, and facility address currently on record in the Stage I / II database.
Facility Name:
Facility Address:
Facility Town/State/Zip
Tank Type: Indicates if an underground storage tank (UST) or aboveground storage tank (AST) is installed.
Class: Indicates if the facility is registered as a Stage I facility (STG1), or Stage II facility (STG2).
CARB #/Sys Type: Indicates the Stage II CARB number, Stage I CARB number, or Stage I system type.
Test Cycle: Stage II facilities have three test cycles; Third Annual, First Annual, and Second Annual.
Stage I facilities have one test cycle, First Annual, since the same tests are required every year.
Form Sent: The date the applicable Stage I/II form was generated by MassDEP.
Form: The type of form sent to the facility or received.
Form C – Stage I or Stage II Form C (refer to “Class” type)
Form D1 – Stage II Form D1 (no test required)*
Form D2 – Stage II Form D2 (test required)**
Decom – Stage II Decommissioning form
* Facilities eligible for Stage I Form D1’s will be generated starting in 2017.
** Facilities eligible for Stage I Form D2’s will be generated starting in 2018.
Test Date: Most recent Stage I/II compliance testing date.
Postmark Date: Date the completed form was mailed or emailed to the MassDEP Stage I/II program.
Due Date: Compliance Due Date for the applicable Stage I/II annual certification form.
Form Rcvd & Complete? Complete – Form was received and is complete.
Incomplete- Form was received but sections of the form are Incomplete.
Not Received – Form has not been received.
Suspended – Form has not been received and enforcement was issued.
Calculating Due Dates:
Decommissioned Facilities:
Facilities that have submitted Stage II decommissioning forms can be calculated as follows:
Decommissioning test date + 60 days + 1 year = First Stage I Form C due date.
For example, if MassDEP received a decommissioning form with a test date of 12/22/15 the next due date will be…
12/22/15 + 60 days + 1 year = 2/22/17
For decommissioned Stage II facilities the Stage I/II database will generate the first Stage I Form C based on this formula.
Next Due date for certification forms received:
A certification due date is determined by the postmark date on the envelope of your previous year’s certification submission to MassDEP. This approach ensures that all Stage I and Stage II systems are certified at least once every 12 months.
For example, if a facility’s Year 1 certification is postmarked March 23, the facility will be required to mail its next certification to MassDEP by March 23 of Year 2. If, however, the facility mails its Year 2 certification more than 30 days before the facility’s currently applicable due date (for example on February 20), the due date for its Year 3 certification will be February 20, and not remain March 23. Future certification due dates for certifications mailed less than 30 days before their currently applicable due date will remain unchanged.
If maintaining your facility’s current certification due date is important to you, simply schedule your compliance tests for no more than 30 days in advance of that date. You may also schedule your tests and submit your certification at any time before your due date if you wish.
If you have any questions, please contact:
Jeff Gifford
MassDEP
Bureau of Air & Waste
Stage I / II Vapor Recovery Program
1 Winter St., 7th floor
Boston, MA 02108
Phone: 617-556-1144
The John W. Kennedy Company appreciates your business and continued support!
In light of new EPA guidelines, Universal Valve Co. has forwarded details about several of their compliance products, designed to be easy to remove for testing without damaging the components attached to them, as well as to reliably protect against water intrusion.
Spill Containers
Due to new EPA guidelines, all spill containers are required to be tested before being put into service. All Universal spill containers, both single and double wall, are made with a metal construction, which is found to be 40% more durable than containers made of polyethylene. In addition to the increased durability, the Universal containers can be removed easier when being replaced, without breaking concrete, allowing for quicker repair.
Overfill Protection Valves
Universal overfill valves are designed to be easily removable without damaging the float on which they’re attached. With only a single moving part, they are among the most reliable valves on the market. This is convenient due to the frequent testing required by EPA regulations (every 3 years at minimum). The Model 49 valve is also the only UL approved device on the market compatible with both gravity and pressure fill products.
Sump Retrofit Lids
Universal’s retrofit sump lids allow for both fast, easy installation in under 30 minutes per sump and maximum protection against water intrusion. Offered in various standard sizes as well as custom sizes, the lids feature a double seal as well as an inspection port for simplified testing.
Check out this video highlighting the simple, quick installation process for the retrofit lids:
The John W. Kennedy Company appreciates your continued business and support!
The following has been reproduced from an article posted by Joel Hershey on http://www.ecsconsult.com
Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks
Late last month, the USEPA published the long-awaited revisions to the Underground Storage Tank (UST) rules under 40 CFR 280 and 281. The full 120-page rule is available on the EPA Office of Underground Storage Tanks website (http://www.epa.gov/oust/fedlaws/revregs.html) and has just been published to the Federal Register. If you do not have the time to delve into the document, we have put together this summary of 10 key things you need to know about the 2015 rule rewrite. This is not an exhaustive list, and the full rule text should be consulted for a comprehensive understanding and evaluation of owner/operator obligations.
OPERATOR TRAINING IS REQUIRED FOR EVERYONE – The Energy Policy Act of 2005 only required training for operators in states that received monies from the EPA. This change ensures that all operators across the country and in states without operator training requirements, and in Indian Country, have training. The EPA is attempting to ensure that all operators across the country are trained to prevent and respond to releases. The EPA has provided a 3 year timeframe for implementation.
WALKTHROUGH INSPECTIONS ARE REQUIRED FOR ALL FACILITIES – Monthly (30) day inspections are required for all facilities that consist of a visual evaluation of spill prevention equipment and release detection equipment. Containment sumps such as for STPs, piping must be viewed at least annually. The purpose is to ensure that owners are looking regularly at their equipment to catch problems early and prevent releases. The EPA is allowing a 3 year adoption period for these inspections.
TESTING REQUIREMENTS FOR SPILL PREVENTION EQUIPMENT, OVERFILL PROTECTION EQUIPMENT, CONTAINMENT SUMPS, AND RELEASE DETECTION – Owners/operators are required to test spill prevention equipment, containment sumps used as secondary containment for piping and overfill protection equipment every three years, and release detection devices must be tested annually. This testing will ensure that all components of a UST system that are designed to detect and prevent a discharge are operating properly. Some components, such as spill buckets, will fail. This rule modification will help operators catch issues early. The EPA is requiring testing within 3 years of the adoption of the rule.
EMERGENCY GENERATORS ARE NO LONGER EXEMPT FROM PERFORMING RELEASE DETECTION MONITORING – With technology now available to monitor tanks and detect releases at remote locations, the EPA has lifted the deferral on this requirement. Owners/operators of emergency generator tanks are now required to equip tanks with release detection monitoring. The EPA is allowing 3 years for the upgrades to take place.
FIELD CONSTRUCTED TANKS AND AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS MUST PERFORM RELEASE DETECTION – The 1988 UST Regulations deferred release detection for hydrant systems and field constructed tanks because there was not sufficient technology or information available to effectively test these systems. With technology changes in the marketplace, methods are now available to monitor and detect releases at alternative leak rates and frequencies. To address the uniqueness of these systems, EPA has added in an entirely new subsection (Subpart K) that outlines the general requirements and exceptions. As for an adoption timeframe, various provisions are phased in anywhere from immediately to over a seven year period.
VENT LINE FLOW RESTRICTORS ARE NO LONGER AN OPTION TO MEET OVERFILL REQUIREMENTS – UST systems used to be able to rely on flow restrictors on vent lines (ball floats) as a means to meet the overfill prevention requirements of the 1988 UST rule. Several inherent weaknesses had been identified with the use of this technology, which included in the over-pressurization of tanks. Owners/operators are required to use alternate overfill prevention measures listed in the rule (Subpart B) on all new systems and replaced vent lines. This portion of the rule goes into effect immediately.
INTERNAL LINING NO LONGER ACCEPTABLE AS A SOLE MEANS OF CORROSION PROTECTION -In the past, UST systems that relied on an internal lining as the sole method of corrosion protection could add another internal lining, cathodic protection, or both when internal lining failed a periodic inspection and could not be repaired. The new rule requires tanks using internal lining as the only method of corrosion protection to be permanently closed if the internal lining fails inspection and cannot be repaired according to a code of practice. This portion of the rule is effective immediately.
OWNER NOTIFICATION PRIOR TO SWITCHING TO REGULATED SUBSTANCE CONTAINING >10% ETHANOL, 20% BIODIESEL, OR THAT MEETS COMPATIBILITY CONCERN REQUIREMENTS – With the increased use of biofuels in the marketplace, there is an increasing concern regarding tank material compatibility. The rule revision addresses this concern by requiring owners/operators to notify the regulatory agency at least 30 days prior to switching to a regulated substance containing greater than 10 percent ethanol, greater than 20 percent biodiesel, or any other fuel that the agency identifies as a concern. The owner/operator must demonstrate material compatibility through a listing by a nationally recognized testing laboratory, equipment manufacturer approval, or other method that the agency deems to be no less protective. This change is effective immediately.
INTERSTITIAL MONITORING RESULTS NOW REPORTABLE – As interstitial monitoring becomes a more widely used method of release detection, the EPA has clarified the rule to include its use. Specifically, interstitial alarms are now considered an unusual operating condition under release reporting. EPA adds an option to test secondary containment when present as a means of investigating and/or confirming a release. The rule also adds an option for system closure if a test confirms a leak. This portion of the rule revision is effective immediately.
STATE PROGRAM APPROVAL REQUIREMENTS – States that receive monies from the EPA are required to address the changes made to 40 CFR 280 within 3 years of adoption. Specifically, states must meet the delivery prohibition, operator training, and groundwater protection requirements contained within the Energy Policy Act of 2005.
As stated at the beginning of this article, this list is not a comprehensive or complete summary of the rule changes. There are other key provisions and clarifications that are contained in the rule text and preamble. Should you have any questions regarding your tank system and whether or not your facility is in compliance with the new rule, we suggest you contact our Eclipse Division for an evaluation and consultation.
Joel Hershey is the Director of Environmental Compliance Services, Inc. (ECS’) Eclipse Fuel System Management Division. He has worked exclusively in the field of petroleum liquid storage systems since 1989. His expertise includes compliance testing, diagnostics, petroleum construction, maintenance, and upgrades for both UST and AST systems. During his career, Joel has held various positions, including Senior Petroleum Specialist, Operations Manager, and four years as Senior Vice President for Tanknology. There he managed and executed upgrades for more than 6,800 facilities to meet the 1998 federal UST systems upgrades. He can be reached at (800) 789-3530 or jhershey@ecsconsult.com.
As always, feel free to contact us at 1.800.451.4021 with any questions.
We appreciate your business and thank you for your continued support!
Please feel free to contact us at 1.800.451.4021 with any questions about the October 13, 2018 EPA regulations, whether you are in compliance and how OPW products and the John W. Kennedy Company can ensure that you are!
New EPA Regulation 40CFR, part 280, requires sumps to be tested every 3 years, starting in 2018.
Omntec offers the CLD Series portable containment sump tester, available in 3, 4, 6 , and 8 probe versions.
Attached is an Enforcement Discretion Directive, effective immediately, allowing the installation of Stage I enhanced vapor recovery (EVR) systems and components that are contained in California Air Resources Board (CARB) Orders issued since January 2, 2015 prior to the effective date of revisions to 310 CMR 7.24(3).
The following has been reproduced from a Morrison Brothers email blast from the desk of Rick Zillig, Manager QCCS
