Today we were contacted by a petroleum marketer with a concern about the proposed UST Guidance regulations.  While I have not been able to independently verify their concern, it would be concerning to our association members that own and operate the vast majority of UST systems in the Commonwealth, whether this provision is in fact more stringent than required by the federal government.  Therefore we would like clarification as to whether that is the case and if so, would suggest that the words “capable of “ be deleted from the guidance. 

Thank you for your consideration

The Federal requirements is to hydro test sumps that are used for interstitial monitoring. This (Virginia) regulation says that you need to hydro tests any sumps that are capable of interstitial regardless of whether you are using them for interstitial monitoring or not. This is the part that is more stringent than the feds.

Multiple (redundant) release detection:

??Facilities with piping installed on or after September 15, 2010 are required to perform interstitial monitoring. As such, the sumps need to be tested.

??For facilities with piping installed before September 15, 2010, DEQ staff will review release detection records provided by the owner/operator, UST registration information, and any other indications (sump sensors, sump sensor tests) that interstitial monitoring is being used. If the sump is capable of being used for interstitial monitoring then it must be tested, unless the tank owner/operator can clearly demonstrate that they are not using the sump for interstitial monitoring. Regardless of whether other methods are also being performed, if interstitial monitoring is being used, these sumps must be tested.