Environmental News

Question of the Week

Underground Storage Tanks and the Heating Oil Exclusion

Q. At our facility we have a 2,500–gallon buried tank that holds diesel fuel. The tank is connected, by pipe work, to both an on-site boiler and a fuel pump that services our fleet vehicles. Does our tank meet the “underground storage tank” (UST) exclusion for heating oil tanks at 40 CFR Part 280?

A. EPA does have an exclusion for tanks used to store heating oil for consumptive use on the premises where stored [see 40 CFR 280.12].

“Consumptive use” is not intended to be limited to heating purposes only: the definition extends to any on–site use including heating, generating emergency power, and generating steam, process heat, or electricity. “Heating oil” is considered to include several grades of petroleum fuel oils: No. 1, No. 2, No. 4–light, No. 4–heavy, No. 5–light, No.5–heavy, No.6, Navy Special Fuel Oil, and Bunker C. In addition, it includes No.2 diesel fuel and kerosene when used for heating purposes only.

So, in order for diesel fuel and kerosene to receive the exclusion, the fuel in the tank must always be used for heating purposes. In the scenario you have discussed, the diesel fuel is used both for your boiler and to fuel the diesel motors in your fleet. Therefore, your tank does not meet the “heating oil” exclusion in the definition of underground storage tank. The tank system you described would be subject to the design and operation requirements at 40 CFR 280.

NOTE: Although the system in the above question does not meet the heating oil exclusion, it is important to note that the heating oil exclusion at 40 CFR 280.12 is a Federal exclusion. Tank systems that are subject to State or territorial regulations may not have the same exclusions. The EPA has a graphic on their web site from the Petroleum Equipment Institute that identifies the states that regulate heating oil tanks. Information about your state UST program can be found at http://www.epa.gov/swerust1/states/statcon1.htm.

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EPA News

08/06/2007—Denver Water, City of Denver Become Long-Term Partners with U.S. EPA in WaterSense
U.S. EPA Administrator Stephen L. Johnson is flying into Denver this morning specifically to praise Denver Water and the City of Denver for their bold, forward-thinking water conservation programs and to sign WaterSense partnerships with the utility and the City. Read more...

08/02/2007—Contractor for Groton, Conn. Submarine Base Faces EPA Fine for Clean Water Violations
Two contractors for a construction site at the U.S. Naval Submarine Base in Groton, Conn. are liable for $17,000 in penalties for violations of the federal Clean Water Act. Read more...

08/01/2007—Virginia Man Goes to Jail for Using Homeless for Improper Asbestos Removal
John Edward Callahan, a two-time convicted felon, has been sentenced to 21 months in prison for improperly removing cancer-causing asbestos from a building in Roanoke without following federal environmental laws according to the U.S. Attorney's Office and the U.S. Environmental Protection Agency. Callahan also used homeless men to conduct the work. Read more...

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Recent EPA Rules, Standards, and Interpretations

07/26/2007—Recent Posting to the Applicability Determination Index (ADI) Database System of Agency Applicability Determinations, Alternative Monitoring Decisions, and Regulatory Interpretations Pertaining to Standards of Performance for New Stationary Sources, National Emission Standards for Hazardous Air Pollutants, and the Stratospheric Ozone Protection Program
The EPA published a notice announcing the applicability determinations, alternative monitoring decisions, and regulatory interpretations that EPA has made under the New Source Performance Standards (NSPS); the National Emission Standards for Hazardous Air Pollutants (NESHAP); and the Stratospheric Ozone Protection Program. Read more...

07/16/2007—National Emission Standards for Hazardous Air Pollutants for Area Sources - Acrylic and Modacrylic Fibers Production, Carbon Black Production, Chemical Manufacturing: Chromium Compounds, Flexible Polyurethane Foam Production and Fabrication, Lead Acid Battery Manufacturing, and Wood Preserving
The EPA is issuing six national emissions standards for hazardous air pollutants for seven area source categories. The final emissions standards and associated requirements for two area source categories (Flexible Polyurethane Foam Production and Flexible Polyurethane Foam Fabrication) are combined in one subpart. These final rules include emission standards that reflect the generally available control technologies or management practices in each of these area source categories. Read more...

07/11/2007—National Ambient Air Quality Standards for Ozone
Based on its review of the air quality criteria for ozone (O3) and related photochemical oxidants and national ambient air quality standards (NAAQS) for O3, EPA proposes to make revisions to the primary and secondary NAAQS for O3 to provide requisite protection of public health and welfare, respectively, and to make corresponding revisions in data handling conventions for O3. Read more...

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