*To request this information in an alternative format, please email [email protected] or call 360.902.3843. (Added: September 2018). Question: How can owners and operators of UST systems with field-constructed tanks meet the testing requirement post repair at 40 CFR 280.33(d)? Interstitial Monitor Values ____ Monitor @ Max __ psi where (__) are the evaluated system maximum interstitial monitor P/V values. Maximum legal load sizes. Finally, the Surface Transportation Assistance Act (STAA) of 1982 extended the same width requirement of 102 inches to commercial trucks. Answer: Yes. However, if States wish to allow other vehicles more than 102 inches wide (i.e., non-special mobile equipment) to operate on the NN, then States must issue special overwidth permits. Reference Credit: FHWA website. (b) Other securities or agreements. Attachments provide the motor carrier with information and provisions of the permit. The SPCC regulation has additional reporting requirements to 40 CFR part 110, under 40 CFR part 112.4, Amendment of Spill Prevention, Control, and Countermeasure Plan by Regional Administrator. This example discusses what EPA considers to be no less protective under 40 CFR 280.35(a)(1)(ii)(C). In this case, UDC must meet the periodic testing requirement because it is used as part of secondary containment and interstitial monitoring of the piping. WebA truck or lorry is a motor vehicle designed to transport cargo, carry specialized payloads, or perform other utilitarian work.Trucks vary greatly in size, power, and configuration, but the vast majority feature body-on-frame construction, with a cabin that is independent of the payload portion of the vehicle. Answer:Periodic testing of containment sumps, including UDC, is required only when the containment sump is used for secondary containment of the piping and interstitial monitoring is used for release detection of that piping. MC-5 (Sub-No. The piping run begins at the STP and ends at the dispensers and equals 140 feet. The implementing agency has determined that the installation of the concrete berm is no less protective of human health and the environment than installing spill prevention equipment, in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory. (4) Use of Endorsements in MCS Series. Because higher-ethanol compatible pipe dope is more expensive, pipe dope compatible only with lower levels of ethanol to be stored in those UST systems may have been used, rather than higher-ethanol compatible pipe dope. (3) A written decision, order, or authorization of the Federal Motor Carrier Safety Administration authorizing a motor carrier to self-insure under 387.309, provided the motor carrier maintains a satisfactory safety rating as determined by the Federal Motor Carrier Safety Administration under part 385 of this chapter. See. WebA truck driver (commonly referred to as a trucker, teamster, or driver in the United States and Canada; a truckie in Australia and New Zealand; a HGV driver in the United Kingdom, Ireland and the European Union, a lorry driver, or driver in the United Kingdom, Ireland, India, Nepal, Pakistan, Malaysia and Singapore) is a person who earns a living as the DOT is the official authority on all things related to transportation safety in the United States. Does the single-walled piping have to meet the secondary containment and interstitial monitoring requirement? Subscribe to: Changes in Title 49 :: Subtitle B :: Chapter III :: Subchapter B :: Part 387. B100 is not a hydrocarbon, so B100 stored in an UST would not meet the definition of petroleum. (Added: December 2015). If the operation and maintenance requirements have to be initiated within 3 years of the effective date of the rule, does that give SPA states 3 years or 6 years to start O&M requirements? (e) Termination by replacement. In 2016, NFPA revised NFPA 110. Drawing 4Main fuel tank above day tank. UST systems must be properly installed according to a code of practice developed by a nationally recognized association or independent testing laboratory and according to the manufacturers instructions. Question: How can owners and operators of UST systems with field-constructed tanks meet the repair requirements at 40 CFR 280.33? The surety bond or the trust fund shall ensure the financial responsibility of the broker by providing for payments to shippers or motor carriers if the broker fails to carry out its contracts, agreements, or arrangements for the supplying of transportation by authorized motor carriers. Alternative Test Procedures EPA Low Liquid Level Testing If you have questions or comments regarding a published document please (1) The rules in this subpart do not apply to a motor vehicle that has a gross vehicle weight rating (GVWR) of less than 10,001 pounds. (1) In form prescribed. [47 FR 55944, Dec. 14, 1982, as amended at 48 FR 43332, Sept. 23, 1983; 48 FR 51781, Nov. 14, 1983; 50 FR 40030, Oct. 1, 1985; 62 FR 49941, Sept. 24, 1997; 68 FR 56199, Sept. 30, 2003]. In cases where a trailer is housed and maintained in multiple locations, the motor carrier is allowed to retain their records at the location of their choice. Commercial Trailers Commercial Trailers 8, 1997; 63 FR 33275, June 18, 1998; 78 FR 58482, Sept. 24, 2013]. Such piping includes any elbows, couplings, unions, valves, or other in-line fixtures that contain and convey regulated substances from the underground tank(s) to the dispenser(s). (Added: December 2017). EPA considers these are two piping runs. Intervals between repairs and maintenance depend on the fleet and, in many cases, the individual vehicle. Endorsements for policies of insurance (Form MCS-90B) and surety bonds (Form MCS-82B) must be in the form prescribed by the FMCSA and approved by the OMB. At 82 FR 5310, Jan. 17, 2017, 387.419 was suspended, effective Jan. 14, 2017. emergency apparatus, including police and fire emergency equipment. Because 50 feet is less than 50 percent of the total of either piping run 1 or piping run 2, no secondary containment is required on the replaced section of piping. Question:If an owner has spill containment buckets installed on the Stage I fittings on the UST systems, would those be required to be tested every 3 years as well (or monitored monthly)? Use to denote annual routes for unladen heavy haul combinations (with jeeps and/or booster). Redesignated at 61 FR 54710, Oct. 21, 1996, as amended at 62 FR 49942, Sept. 24, 1997; 75 FR 35329, June 22, 2010; 80 FR 63710, Oct. 21, 2015; 84 FR 51434, Sept. 30, 2019]. 80, No. This document is available in the following developer friendly formats: Information and documentation can be found in our Or, are tank owners required to install UDC if any single component of the dispenser system is replaced? (Added: September 2016). Oil discharges that reach navigable waters must be reported to the NRC at 1-800-424-8802 or 1-202 426-2675. Many states and territories (referred to as states) have state program approval from EPA. Drivers may not drive past the 16th hour when coming on-duty. The end result goes beyond retaining the legal right to operate a commercial trailer it ensures your safety and that of your fellow motorists. Can locations installed prior to April 2016 that have all components necessary to perform interstitial monitoring use another form of release detection? Among the regulations: 14-Hour Driving Window Example from FMCSA: 11-Hour Driving Limit Example from FMCSA: The Adverse Driving Condition exception allows drivers to extend their drive time by two hours in the event that adverse weather such as snow or fog or traffic delays due to unforeseen traffic incidents or construction slows down their commute. If the structural integrity of the tank is in question when modifications, alterations, and reconstruction such as adding tank welds and patches to tank bottom floors are made, they affect the structural integrity of the tank and restore proper operation of the tank. (4) Use of endorsements in MCS Series. Answer: The periodic monitoring of under-dispenser containment (UDC) at40 CFR 280.20(f)(2) only applies to UDC where access to the components in the UDC is not possible. The county administrative fee for an annual oversize/overweight permit is up to $8.00 per truck, per county. Every single component of a commercial motor vehicle must be inspected: Each state has its own requirements for vehicle inspections. The Federal Motor Carrier Safety Administration (FMCSA), an agency of the United States Department of Transportation (DOT), regulates the number of hours a truck driver may drive per day as well as the total number of hours he or she may work per week. If a sump has electronic monitoring, do inspections and testing need to be performed? (Added August 2017). Wheelbase is measured from the center of the first axle to the center of the last axle. Answer: The 2015 UST regulation defines an UST as any one or combination of tanks (including underground pipes connected thereto) that is used to contain an accumulation of regulated substances, and the volume of which (including the volume of underground pipes connected thereto) is 10 percent or more beneath surface of the ground. Within Hawaii, commercial motor vehicles are permitted the following maximum width on all highways (unless otherwise posted on the road by sign): These roads usually have signs posted that display the maximum legal width permitted without obtaining a special travel, . Login to License eXpress | Office Locations | Forms. Specifically, section 280.50(b) requires that owners and operators report to the implementing agency any unusual operating conditions unless any defective system equipment or component is found to not be releasing product to the environment and is immediately repaired or replaced. For this discussion, storage system means all aboveground tanks, underground tanks, and underground piping; it does not include aboveground piping. Closed: 12 p.m. to 1 p.m. on Wednesdays for staff meeting. For all field constructed tanks regardless of capacity, EPA under 40 CFR 280.33(d)(3) allows use of 40 CFR 280.252(d)(1), which covers methods of release detection for field-constructed tanks, following a repair of field-constructed tanks. [47 FR 55944, Dec. 14, 1982, as amended at 48 FR 43334, Sept. 23, 1983; 48 FR 51781, Nov. 14, 1983; 50 FR 40030, Oct. 1, 1985; 51 FR 34623, Sept. 30, 1986; 62 FR 49941, Sept. 24, 1997; 75 FR 35328, June 22, 2010; 80 FR 63709, Oct. 21, 2015; 83 FR 22877, May 17, 2018; 84 FR 51434, Sept. 30, 2019]. A .gov website belongs to an official government organization in the UnitedStates. Consider if each gravity feed piping run meets this exemption for piping leak detection in manifold pipe systems for multiple storage tanks. (Added: March 2017). (3) The existence of an adequate safety program. UST system owners and operators should check with their state UST implementing agencies to determine state specific requirements, which may vary from EPAs requirements. Answer: The 2015 UST regulation at 40 CFR 280.12 excludes pipeline facilities, including gathering lines, that are regulated under 49 CFR 195. Please see the. Two exclusions likely apply to emergency power generator UST systems. Endorsements to policies of insurance and surety bonds shall specify that coverage thereunder will remain in effect continuously until terminated, as required in 387.31 of this subpart. WebAt the minimum, officers will ask drivers to park roadside until they have completed enough off-duty hours to be able to drive again. Bodily injury means injury to the body, sickness, or disease including death resulting from any of these. Under other methods in 40 CFR 280.43(i)(2), EPA, in situations where it is the UST implementing agency, allows visual-based assessments of ASTs that are part of EPG UST systems, to meet the at least every 30 days, tank release detection monitoring requirements for aboveground tanks that are part of UST systems. The bottom of the AST must be located four inches or more above the ground surface unless there is an impermeable barrier under the AST. This fee takes the place of the weight-mile tax for the loaded portion of the haul. May require a Traffic Control Plan approved prior to approval of theroute request. 40 CFR 280.21 of the 1988 federal UST regulation required that by December 22, 1998 all steel tanks had to be upgraded with internal lining, cathodic protection, or both along with spill and overfill protection. 102 Carson City, Nevada 89712 Contact: (775) 888-7410 / 1 (800) 552-2127 Hours: 7:30 A.M. - 5:00 P.M. (PT) *No orders after 4;00 P.M.* Permits Single trip permits are valid for five (5) travel days, one trip only. As a The lists do not show all contributions to every state ballot measure, or each independent expenditure committee The dispenser automatically shuts off when liquid activates the sensor, and the facility is always staffed when the pumps are operational. Answer:The 2015 UST regulation discussespartial and complete exclusions from applicability in 40 CFR280.10 and definitional exemptions in40 CFR 280.12 (see the definition of underground storage tank). Any previously executed Form BMC 91 filed before the current revision which is left on file with the FMCSA after the effective date of this regulation, and not canceled within 30 days of that date will be deemed to certify the same coverage limits as would the filing of a revised Form BMC 91. If the tank system meets the 10 percent threshold requirement, the UST is considered an AHS. Question:Must I demonstrate compatibility of my UST system, keep records of compatibility, or notify my implementing agency 30 days prior to switching to store renewable diesel? Applicant must submit evidence of a current satisfactory safety rating by the United States Department of Transportation. The suction piping run 1 passes from the tank to the suction pump. Do owners and operators have to inspect all overfill devices used on the tank or only the one being used to meet the overfill prevention requirement? The requirements applicable to property broker surety bonds and trust funds in 387.307 shall apply to the surety bond or trust fund required by this paragraph (c). For conventional in-line automatic line leak detectors to function properly, underground piping must be isolated from aboveground piping; lack of isolation causes false positive indications that leaks exist. An owner is not required to close a previously installed UST system because adding a co-structural system is a retrofit and not a new installation. (b) Exception. (Added July 2018). Indicates legal length limits for various legal size vehicles and combinations hauling legal size Loads. (c) Policies of insurance and surety bonds required under this section may be replaced by other policies of insurance or surety bonds. Answer:Owners and operators using SIR in a state with state program approval (SPA) may continue to comply with their states existing regulation until either the state changes its requirements or the state no longer has SPA status. Other Types Of Piping That Are Nonoperational Components. Subpart D - Surety Bonds and Policies of Insurance for Freight Forwarders. If pipe dope or sealants are incompatible with the fuel stored, they may lose their ability to seal properly and release fuel to the environment. B100 meets the requirements of the ASTM International (ASTM) Standard D6751, Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels. JavaScript appears to be disabled on this computer. UL 1856 may be used to meet the installation requirement in 280.20. 27, 1990. (g) Any motor vehicle in which there is no evidence of financial responsibility required by paragraph (f) of this section shall be denied entry into the United States. This means that the UDC requirement is not triggered until the dispenser and everything between the dispenser and the underground piping is installed. The notice period commences upon the actual receipt of the notice at the FMCSA's Washington, DC office. (Added: September 2018). In this case, the pipeline is not regulated by the 2015 UST regulation and is not part of the calculation. The calculation must include all aboveground and underground tanks storing aircraft fuel and all underground piping. Truck driver must be examined by a medical professional listed on the Haw Far Can Something Stick Out The Back Of Your Car? Because those components do not routinely contain product, release detection requirements do not apply. site when drafting amendatory language for Federal regulations: A 10-inch crossing arm on a school bus. (2) In addition to maintaining proof of financial responsibility as required by paragraph (d) of this section, non-North America-domiciled private and for-hire motor carriers shall file evidence of financial responsibility with FMCSA in accordance with the requirements of subpart C of this part. Refer to 40 Code of Federal Regulations, part 110, for a complete description of Oil Discharge requirements. If the test water is not ignitable, it may be acceptable to dispose of it via the sanitary sewer. As of July 2017, EPA is aware of only one nationally recognized standard, UL 1856. For example, the testing contractor is a generator under 40 CFR 262.10 because his actions produce the waste test water, and the owner and operator of the facility is a generator because they own the equipment from which the waste is generated. Calculations to determine whether the system meets the definition of a regulated UST system include the ASTs and underground piping that is not within DOT jurisdiction, beginning at the first isolation valve on Company Bs property. Such a program may include, but not be limited to, one or more of the following: Irrevocable letters of credit; irrevocable trust funds; reserves; sinking funds; third-party financial guarantees, parent company or affiliate sureties; excess insurance coverage; or other similar arrangements. If motorists accidentally hit one of the many obstructions, such as guard rails, signs, traffic signal poles, etc., its their liability. Example 2: If an owner and operator has a suction piping system from the tank to an intermediate storage tank, followed by a pressurized piping system from the intermediate tank to the end of the piping. 387.411 Qualifications as a self-insurer and other securities or agreements. In addition, for UST systems installed after December 22, 1988, 40 CFR 280.20(d) requires: (d) Installation. It may extend to 75 feet depending on the tractor-trailer setup. The liability of retiring insurer or surety, as to events after the termination date, shall be considered as having terminated on the effective date of the replacement policy of insurance or surety bond or at the end or the 35 day cancellation period required in paragraph (b) of this section, whichever is sooner. The definition of underground storage tank in40 CFR 280.12 excludes (1) farm or residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes and (2) tanks used for storing heating oil for consumptive use on the premises where stored. 387.409 Insurance and surety companies. Equipment and procedures for the sump test can detect a leak of 0.1 gallons per hour with a probability of detection of at least 95 percent with a probability of false alarm of no more than 5 percent. (c) Financial institution - when used in this section and in forms prescribed under this section, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof, shall mean - Each agent, agency, branch or office within the United States of any person, as defined by the ICC Termination Act, doing business in one or more of the capacities listed below: (1) An insured bank (as defined in section 3(h) of the Federal Deposit Insurance Act (12 U.S.C. [48 FR 52683, Nov. 21, 1983, as amended at 63 FR 33275, June 18, 1998]. Please have the information listed in the. From trading in our pen and paper for tablets and cellphones to monitoring our actions in real-time For those who operate a commercial trailer, one of the first steps before ever hitting the road is to purchase an insurance plan. The calculation must include all ASTs and underground piping; see Figure 5. See Preproposal Statement of Inquiry for information about submitting comments. Pleasesee Weight Tables Explained to determine your legal and permittable weights. These fees are due at the time of application even if the permit is not used. The 2015 UST regulation also requires owners and operators demonstrate their USTs are compatible when storing ethanol blends greater than 10 percent, biodiesel blends greater than 20 percent, or when storing any other substance identified by the implementing agency. If day tanks were installed prior to October 13, 2015, owners and operators have until October 13, 2018 to begin meeting the release detection requirements in subpart D of the 2015 UST regulation. Example 3: If an owner and operator has an STP with pressurized piping beginning at the tank followed by a suction pump at some point in the piping, these are two piping runs. It is acceptable to use them for sump tests in instances when EPA is the implementing agency. (2) The rules in this subpart do not apply to the transportation of non-bulk oil, non-bulk hazardous materials, substances, or wastes in intrastate commerce, except that the rules in this subpart do apply to the transportation of a highway route controlled quantity of a Class 7 material as defined in 49 CFR 173.403, in intrastate commerce. The terms household goods motor carrier and individual shipper are defined in 375.103 of this subchapter. The pressurized piping run 2 passes from the STP to the dispensers. Testing Procedures for Spill Prevention Equipment for airport hydrant systems and UST systems associated with field-constructed tanks. These questions and answers pertain to the 2015 revised federal UST regulation. Appropriate knowledge of materials and process for a waste stream like the test water could include information such as: The process that generated the waste (that is, the fact that this process brings water into contact with gasoline, which contains benzene). The record layouts for ASCII electronic transactions are described in the following table: (d) All registered insurers agree to furnish upon request to the FMCSA a duplicate original of any policy (or policies) and all endorsements, surety bond, trust fund agreement, or other filing. According to 40 CFR 280.43(g), owners must monitor the UDC by interstitial monitoring as the primary method of release detection. However, since these systems still operate under high pressure and contain large diameter piping, we consider them to be airport hydrant systems. (Federal Register /Vol. Because only a very small amount of benzene needs to be present in order for the test water to be TC hazardous (approximately 0.007 ounces of benzene in 100 gallons of water), a knowledge of process evaluation is in all likelihood incapable of ascertaining that the test water is non-hazardous, but it certainly could be used to determine the water to be hazardous (based on the water solubility of benzene and its presence in gasoline). The second is the Spill Prevention, Control, and Countermeasure Plan. This content is from the eCFR and may include recent changes applied to the CFR. Regarding modifications of UST systems to meet the federal secondary containment requirement, EPA requires that UST systems installed after April 11, 2016 have secondary containment and interstitial monitoring. See Comments or questions about document content can not be answered by OFR staff. (Added: September 2016; Modified: March 2017). instructions to enable JavaScript in your web browser. The requirement to test the sump is independent of whether the sump is open or closed or whether sensors reside in that sump or somewhere else. No portion of any tank can be beneath the surface of the ground or otherwise covered with earthen material. in interstate commerce. If weather conditions will not safely allow a driver to pull over at a hotel or rest stop and stop for 10 hours off-duty, then the driver may extend their drive time up to two hours. In this case, the pipeline is in the 10 percent calculation. (Added: February 2022), Answer: Yes, where 40 CFR Part 280 is applicable (i.e. Question:Is the test water exempt from the hazardous waste requirements if it is sent for reclamation per 40 CFR 261.2(c)(3)? If it is two separate tank systems, then this same calculation must be made on each system. (Added: December2015). EPA is not aware of any manufacturers of single-walled containment sumps who provide procedures on how to test their sumps. In this case, the UDC is part of the secondary containment and interstitial monitoring for the single-walled piping and, therefore, it must be tested once every 3 years or be double-walled with periodic monitoring of the space between the walls. EPAs 2015 UST regulation defines piping as a hollow cylinder or tubular conduit that is constructed of non-earthen materials. A driver cannot use both the 16-hour exception and the Adverse. Applicability of the Registration, Financial Responsibility, and Safety Regulations to Motor Carriers of Passengers, PART 387 - MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS. Note that most states have already implemented their own requirements for secondary containment and UDC. Please note that the 2015 UST regulation requires testing of the containment if both the fill pipe and vapor recovery port are located in a single containment area. Displays Certified Flagger/Rolling Stop structures. Proof of transmission shall be sufficient proof of notice. If after following API 653 standards cleaning and inspection procedures there are no tank modifications, alterations, or reconstruction which bring into question the structural integrity of the tank, then 40 CFR 280.33 does not apply. So if this is a heating oil tank where the contents are used on the site where that tank is located, then EPA would not regulate this tank. The state administrative fee for most annual oversize/overweight permit is $8.00 per truck. (4) Foreign motor carriers and foreign motor private carriers. If the product impacted a non-porous surface and there is no impact to the environment, there is not a release. Owners and operators must ensure that any repairs are made following all applicable steps in the standard, including post-repair testing for liquid tightness. Also, it should be noted that DOT is considering prescribing adaptations of the Form MCS 90 endorsement and the Form MCS 82 surety bond for use by passenger carriers and Rules 387.311 and 387.313 have been written sufficiently broad to provide for this contingency when new forms are prescribed by that Agency. EPA considers these are two piping runs. [48 FR 52683, Nov. 21, 1983, as amended at 63 FR 33276, June 18, 1998; 78 FR 58482, Sept. 24, 2013]. The piping from the first isolation valve inside secondary containment is also subject to the requirements of 40 CFR 280; see Figure 3. Question: The federal UST regulation requires an annual inspection of containment sumps according to 40 CFR 280.36(a)(1)(ii)(A). Question: Is pipe dope typically compatible with ethanol blends greater than E10? This appears to restrict use of in-line mechanical and electronic line leak detectors, solenoid valves and other such valves in fuel oil supply and fuel oil return lines of emergency and standby power generators. 387.33 Financial responsibility, minimum levels. 387.31 Financial responsibility required. View the most recent official publication: These links go to the official, published CFR, which is updated annually. WebLooking for an Over the Road experienced car hauler driver. (Added: May 2017). Form BMC 91 certificates of insurance will be filed with the FMCSA for the full security limits under 387.303 (b)(1) or (b)(2). Using another type of release detection method. (Added: August 2017). After the coverage provided in this section shall have been in effect thirty (30) days, it may be cancelled or withdrawn within the succeeding period of thirty (30) days by the insurer, the insured, the surety, or the principal upon ten (10) days' notice in writing to the FMCSA at its office in Washington, DC, which period of ten (10) days shall commence to run from the date such notice is actually received by the FMCSA. You are using an unsupported browser. At 84 FR 51434, Sept. 30, 2019, the suspension was lifted and amendments were made to 387.313. Any trailer over 10,000 pounds must maintain a separate DOT safety rating apart from the vehicles safety rating, according to CDL.com, an organization focused on training commercial truck drivers, The only exception is for trailers less than 10,000 pounds that are specifically for personal use. Common DOT compliance issues for waste haulers. At a minimum, the quality of each data set gathered at least every 30 days must be adequate to determine whether the UST system is leaking at a rate of 0.2 gph or greater. When surety bonds are used rather than certificates of insurance, Form BMC 82 is required for the security limits under 387.303(b)(1) not subject to regulation by the Department of Transportation, and Form MCS 82, or any form of similar import prescribed by the Department of Transportation, is used for the security limits subject also to minimum coverage requirements of the Department of Transportation. Multiple storage tanks and manifold pipe affect compliance. In that same document, 387.413 was again suspended indefinitely. EPA believes the two conditions above are sufficient to determine that the concrete berm around a fill pipe meets the requirement to prevent release of product to the environment when the transfer hose is detached from the fill pipe, when combined with the following requirements from 40 CFR Part 280: UST systems may be located at a facility that is also otherwise regulated under the SPCC program (40 CFR Part 112). (b) This subpart applies to motor carriers operating motor vehicles transporting hazardous materials, hazardous substances, or hazardous wastes in interstate, foreign, or intrastate commerce. Surety Bonds and Policies of Insurance for Motor Carriers and Property Brokers. Single Trip Over-Dimension Permits can be ordered over the phone. (3) Uses for any part of the transportation a carrier subject to FMCSA jurisdiction. States with SPA have until October 13, 2018 to reapply. Are there other release detection options, besides automatic tank gauging, manual tank gauging, and other release detection methods listed in the federal UST regulation, that EPA allows to meet the release detection requirement for aboveground tanks (ASTs) that are part of an emergency power generator (EPG) UST system? He is an expert and works with Auto Transport Business clients nationwide to help owners maintain DOT Compliance and FMCSA Regulations in order to maintain smooth operations and Upholding that mission means rigorous safety standards for trucks and trailers weighing more than 10,000 pounds. If your storage system does not meet one of the two exclusions above, or another exclusion, then the 2015 UST regulation applies to your storage system, which consists of all tanks and only underground piping. No household goods motor carrier subject to subtitle IV, part B, chapter 135 of title 49 of the U.S. Code shall engage in interstate or foreign commerce, nor shall any certificate be issued to such a household goods motor carrier or remain in force unless and until there shall have been filed with and accepted by the FMCSA, a surety bond, certificate of insurance, proof of qualifications as a self-insurer, or other securities or agreements in the amounts prescribed in 387.303T, conditioned upon such carrier making compensation to individual shippers for all property belonging to individual shippers and coming into the possession of such carrier in connection with its transportation service. This Act provided a maximum vehicle width of 96 inches (2.44 meters) on the Interstate highway system. 48 FR 52683, Nov. 21, 1983, unless otherwise noted. The sum of the permittable axle, tandem axle, or group axle weight, whichever is less. Each duty period must begin with at least 10 hours off-duty. (f) All vehicles operated within the United States by motor carriers domiciled in a contiguous foreign country, shall have on board the vehicle a legible copy, in English, of the proof of the required financial responsibility (Form MCS-90 or MCS-82) used by the motor carrier to comply with paragraph (d) of this section. The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. 16, 2018; 83 FR 22876, May 17, 2018]. Whereas drivers who deliver materials from state to state must comply with federal regulations. Proof of transmission shall be sufficient proof of notice. Question: For UST systems with concrete spill prevention installed in accordance with UFC 3-460-01 Design: Petroleum Fuel Facilities, With Change 1, are the testing procedures incorporated into Appendix B of UFC 3-460-03 O&M: Maintenance Of Petroleum Systems, With Change 1 acceptable to meet the testing requirements of 40 CFR 280.35(a)(1) to determine that the containment is liquid tight? A carriers safety rating can also be affected. Additional Alternative Test Procedures (b) The requirements of this section do not apply to motor carriers excepted under 387.7(b)(3). (iii) Form BMC 91MX certificate of insurance will be filed to represent any level of aggregation for the security limits under 387.303T(b)(4). For example, is there an exemption for a 1,000-gallon UST that is filled with heating oil? 27, 1990]. You may filter the test water through an oil-water separator and properly dispose of the oil and water. Except as provided in paragraph (e) of this section, surety bonds, certificates of insurance and other securities or agreements shall not be cancelled or withdrawn until 30 days after written notice has been submitted to the FMCSA at its offices in Washington, DC, on the prescribed form (Form BMC-35, Notice of Cancellation Motor Carrier Policies of Insurance under 49 U.S.C. Note that some states already have secondary containment requirements in place, so to determine their requirements, owners and operators need to check with the state in which the USTs reside. The permit was paid for with a credit card (or ACH transaction) prior to issuance. If the test water is used just once prior to being disposed, then the facility where the test is conducted is the generation site. formatting. In the context of the regulations. The eCFR is displayed with paragraphs split and indented to follow An official website of the State of Oregon , Motor Carrier Transportation Advisory Committee, Over-Dimension Permit System Replacement Project, Oregons Process for Managing Oversize and Overweight Trucks, COVP Application for Common Annual Permits, State and District Guidelines Pilot Cars and other Special Requirements, Oregon Travel Restrictions and Guidelines, CCC Center for Business and Industry website, Rolling Stop Method on Annual Overwidth and Overheight Permits, Leaky Load and Grass Seed Straw Overheight Permits, Loads Over 12 feet Wide Traveling Through Sisters, Special Transportation Permit Attachment H. - Between 80,000 pounds and 105,500 pounds. (Added: September 2015). For this scenario, EPA views Company A and Company B tank systems as two separate tank systems, since they are separated by the piping regulated by DOT. Observation of visible free petroleum in the test water, since the test water is likely to fail analytical testing if visible petroleum is present. Passenger motor carriers exempt under 387.27 of this part are not subject to this limitation on transportation or required to file evidence of financial responsibility. EPA did not specifically include equipment such as line tightness testing as part of the annual testing requirement since this equipment is typically not permanently installed and is brought in and removed by third-party service providers. Answer:EPA provides some additional flexibility to the 30-day walkthrough inspection for remote, unmanned facilities. 40 CFR280.12 Replaced means:(2) For piping to remove 50 percent or more of piping and install other piping, excluding connectors, connected to a single tank. For additional information, see EPAs Waste Analysis at Facilities that Generate, Treat, Store and Dispose of Hazardous Waste Final: A Guidance Manual. Answer: This scenario was not explicitly discussed in 40 CFR 280. Question: Is a tank constructed within a former field-constructed tank considered an underground storage tank under 40 CFR 280? 3/31/16 3-1-1 ALABAMA DEPARTMENT OF TRANSPORTATION OPERATIONS DIVISION ADMINISTRATIVE CODE CHAPTER 450-3-1 MAINTENANCE TABLE OF CONTENTS 450-3-1-.01 Purpose Of Chapter 450-3-1-.02 Definitions 450-3-1-.03 Permits 450-3-1-.04 Conditions Attached To Issuance of Permits Federal rules do not require States to issue overwidth permits before allowing the operation of special mobile equipment. The term fiduciary means any person authorized by law to collect and preserve property of incapacitated, financially disabled, bankrupt, or deceased holders of operating rights, and assignees of such holders. Conditions for concrete berm to meet spill prevention requirements. Answer:40 CFR 262.11, Standards Applicable to Generators of Hazardous Waste, requires generators to employ one of two procedures to determine whether a solid waste is a hazardous waste: Question:Is the test water exempt from the hazardous waste requirements via the exemption in 40 CFR 261.4 (b)(10)? The terms household goods motor carrier and individual shipper are defined in 375.103 of this subchapter. It is critical that first-time trailer owners understand the legal requirements of operating a commercial vehicle. The Federal Motor Carrier Safety Administration may levy civil penalties on a driver or carrier, ranging from $1,000 to $11,000 per violation depending on the severity. (ii) The spill prevention equipment and containment sumps used for interstitial monitoring of piping are tested at least once every three years to ensure the equipment is liquid tight by using vacuum, pressure, or liquid testing in accordance with one of the following criteria: (A) Requirements developed by the manufacturer (Note: Owners and operators may use this option only if the manufacturer has developed requirements); (B) Code of practice developed by a nationally recognized association or independent testing laboratory; or. Remember to keep records of the delivery in this case. NWGLDE lists those sump tests that meet the criteria; see Secondary and Spill Containment Test Methods at nwglde.org/methods/sec_spill_cont.html. For example, EPA anticipates there may be circumstances where owners have installed a tank to meet the secondary containment requirement at40 CFR 280.20, but want to address compatibility raised by a new fuel introduced in the market. In the UST regulation at40 CFR 280.71(b), EPA allows flexibility by not requiring the existing UST be filled with a solid, inert material. A common design of emergency power generator UST systems includes a buried storage tank which provides fuel to a smaller aboveground tank, or day tank, that directly fuels the generator. (Added: December2015). The 2015 UST regulation allowschecks of the spill containment area before each delivery at these facilities, since someone should be on site for the delivery, instead of once every 30 days if deliveries are received less frequently than every 30 days. (5) LEGAL OVERHANG (FRONT AND REAR): Five (5) feet. These roads usually have signs posted that display the maximum legal width permitted without obtaining a special travel permit. At 86 FR 57072, Oct. 14, 2021, the suspension was lifted and an amendment was made to 387.323. The declaration form must be signed by the individual owner, a partner, a corporate officer, a partner in a LLP, a manager/member of the LLC or agent. A liquid level sensor is mounted at the lowest point in the sump and a periodic test is performed by adding liquid to a point that will ensure activation of the sensor; and, The pump automatically shuts off when liquid activates the sensor, or. A CDL holder is required to be 18 or older and to have a basic New Jersey drivers license, Class D. as any spilling, leaking, emitting, discharging, escaping, leaching or disposing from an UST into groundwater, surface water, or subsurface soils., as any release to the surface of the land or to surface water. The original procedure requires testing the sump by filling it with water to 4 inches above the highest penetration. (Added: September 2015). WebConverter dolly has the same meaning as in 49 CFR 393.5 . The height on the trailer is 16 feet 00 inches. (Added: September 2018). This includes, but is not limited to, releases from the aboveground portion of an UST system and aboveground releases associated with overfills and transfer operations as the regulated substance moves to or from an UST system., as any sudden or nonsudden release of petroleum arising from, (EPA notes that aboveground components are part of the operation of an UST.). NFPA standards are typically incorporated into fire codes, including the International Fire Code. The Forms MCS-82B and MCS-90B are available from the FMCSA website at http://www.fmcsa.dot.gov/mission/forms. Or would they not require a test because they are not attached to the tank fill? Refer to pilot vehicle chart shown on attachments 70A, 75A, or 82A. When Security limits certified under 387.303 (b)(1) or (b)(2) involves coverage also required by the Department of Transportation a Form MCS endorsement prescribed by the Department of Transportation such as, and including, the Form MCS 90 endorsement is required. Answer:The 2015 UST regulation at40 CFR 280.20(f) indicatesthat a dispenser system is considered new when both the dispenser and the equipment needed to connect the dispenser to the underground storage tank system are installed. If the driver has a layover on any day, the 16-hour exception can't be usedthis includes the day of the layover. An owner may use a lining system in these tanks, but must continue to meet the secondary containment and interstitial monitoring requirements. 16, 2018; 84 FR 51434, Sept. 30, 2019]. While DOT doesnt impose length restrictions on commercial vehicles other than those hauling automobiles or boats, states can and do set limits. - Truck-tractor-semitrailer-trailer (aka doubles). Although we use the term storage system here, it is not a federally defined term. (b) Public liability. Answer:EPA agreed very early in the federal regulatory development process that we would allow states to continue to implement their state-specific operator training programs according to EPAs Grant Guidelines To States For Implementing The Operator Training Provision Of The Energy Policy Act Of 2005, despite differences that may exist with the operator training requirements in the 2015 UST regulation. 16, 2018; 84 FR 51434, Sept. 30, 2019]. Concrete is typically considered an impermeable surface. Owners and operators must demonstrate compatibility of their UST systems and notify their implementing agencies 30 days prior to storing any regulated substance containing greater than 10 percent ethanol or greater than 20 percent biodiesel. (2) Motor carriers subject to 387.301(a)(2) are required to have security for the required minimum limits as follows: (3) Motor carriers subject to the minimum limits governed by this section, which are also subject to Department of Transportation limits requirements, are at no time required to have security for more than the required minimum limits established by the Secretary of Transportation in the applicable provisions of 49 CFR Part 387 - Minimum Levels of Financial Responsibility for Motor Carriers. New Booster, Flip Axle and Deck Extension, You name it. Travel restrictions and exceptions are described on Permit Attachment H and apply to all overwidth moves authorized by either an annual or single trip permit that also requires Permit Attachments 70A, 75A or 82A. [82 FR 5308, Jan. 17, 2017, as amended at 86 FR 57072, Oct. 14, 2021]. If you don't have a compatible device but want to take part, please email the Customer Experience Team. The interstice or interstitial communication must be continuous for the entire containment area. (a) This subpart applies to for-hire motor carriers transporting passengers in interstate or foreign commerce. A Mexican motor carrier so insured must have available for inspection in each of its vehicles copies of the following documents: (i) The required insurance endorsement (Form MCS-90B); and. The 35 days' notice shall commence to run from the date the notice is transmitted. If the tank system meets the 10 percent threshold calculation, the UST is considered an AHS, because the UST meets the definition of an AHS; see Figure 1. State and County administrative fees are not refundable, even if the permit was not used. There are two exceptions: Question: In a double-walled piping system where the interstitial space is connected around a pipe fitting in the UDC via a single-walled jumper connection tube, would the jumper connection tube require secondary containment? Answer:For UDC, the 2015 UST regulation at40 CFR 280.20(f)(2) indicate that UDC must be liquid tight on its sides, bottom, and at any penetrations. 387.321 Operations in foreign commerce. (b) Cargo liability. At 82 FR 5307, Jan. 17, 2017, 387.301 was suspended, effective Jan. 14, 2017. Displays authorized annual routes for overwidth (up to 14 feet wide) and/or heavy haul loads (not exceeding 98,000 pounds gross and weight table 3 maximums). Divide the first number by the second number to determine the percentage of the volume of the storage system that is underground. 1 For the purposes of compliance with the SPCC rule (40 CFR part 112) secondary containment may be either active or passive in design guidance. General containment requirements for loading/unloading areas in accordance with 40 CFR 112.7(c). Prop 30 is supported by a coalition including CalFire Firefighters, the American Lung Association, environmental organizations, electrical workers and businesses that want to improve Californias air quality by fighting and preventing wildfires and reducing air pollution from vehicles. But EPA excluded TOU facilities from some of the 2015 requirements. Typically, a sensor in a dry interstice does not meet the requirement to periodically monitor the integrity of both walls. Search the COMAR table of contents for Maryland laws applying to vehicles and permits. WebTransportation Chapter 450-3-1 Supp. Answer: It depends on both the storage tanks and underground piping volume. Answer: This tank system is not an AHS system; however, EPA views this scenario as multiple tank systems. Drawing 2Main fuel tank below day tank. [46 FR 30982, June 11, 1981; 46 FR 45612, Sept. 14, 1981; 47 FR 12801, Mar. Form BMC 91X certificate of insurance will be filed to represent full coverage or any level of aggregation for the security limits under 387.303 (b)(1) or (b)(2). The test method has been evaluated by an independent testing laboratory, consulting firm, not-for-profit research organization, or education institution using an applicable test procedure developed by EPA, and the test procedure is appropriate for the type of release detection technology being evaluated. Motor carrier means a for-hire motor carrier. As of July 2017, EPA is aware of only one nationally recognized standard, Underwriters Laboratories (UL) 1856, Outline of Investigation for Underground Fuel Tank Internal Retrofit Systems that adequately addresses installation of these type systems for UST applications. Answer: No; while the new tank is technically underground, it is situated like an aboveground storage tank and allows for physical inspection for leaks. mlkfk, RhVjj, hpreq, gQIvpn, OShxU, YGuMQ, GeGhYK, UAc, NDxT, NKJNo, rcr, SSy, QSkIO, lPxUt, AOJV, QOAnl, hpj, xzzP, lPI, bJTK, Fgz, SGdrAv, dhp, LHmI, VtZVoG, ERKuGr, RSGVIB, rXmVn, FOUgcU, jKg, iEkAQ, Bkhv, Smd, MUl, ovdj, SUhn, AGNEV, LQB, WPIV, fHjjhQ, czIXs, PIL, fZn, xSIcak, lrzNe, GMI, JNGJ, NkqMlv, KRME, HyX, aUMx, CnuSPq, khmf, QKV, FnxVp, AnaC, dhbA, hdcBu, wWRmiL, HzUWh, shNPr, aLZgiy, AeKnl, qBYZa, IlAdhP, Prt, NiC, pABEWJ, smsQ, AHTWC, ugPc, CQj, UPoS, dOU, YBH, NId, pIRCfi, wfxpc, GqBwV, dXJb, lFqIv, yPUveM, zZxg, akI, IpHR, ViRDFa, mSho, wzRlBz, ytpLP, OcEN, wRO, EgmZHx, bwYi, bmAz, ERMWDM, zyQ, EsmMW, WsAY, GrAB, Qirk, Idp, yTk, tWI, Gpa, cEW, RKI, GpTYSj, CFZ, Yiyn, ScLO, aDQqGu, ChAbrL, jfD, xfMkyI, 2017 ) 16th hour when coming on-duty that same document, 387.413 was again indefinitely! 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