Having worked in the midstream industry industry for my entire career (over 36 years), I have been involved with Aboveground Storage Tanks (ASTs) since day one, literally.
On my first day of work, June 10, 1988, at Plantation Pipe Line (PPL), now operated by Kinder Morgan, I was told I would be the new “tank person.” Obviously, I had no idea what that meant, so I asked, “Am I going to get paid for this?” When my boss said yes, I replied, “Well, I guess I’m your new tank person.” The rest, as they say, is history.
Throughout my career, I have seen many new regulations, both directly related to ASTs and in other aspects of the industry. When I started at PPL, which is regulated by the federal Department of Transportation (DOT), now known as the Pipeline and Hazardous Materials Safety Administration (PHMSA), the only inspection regulation we had on tanks was to perform an annual inspection (and they didn’t even tell us what it consisted of or what was required in that inspection).
There were other regulations for ASTs, such as the EPA (Environmental Protection Agency) emissions standards, known as Kb, and some state emissions regulations, but even those were relatively simple. How things have changed over the years!
Evolution of regulations
To put it in perspective, when I started, none of the following regulations were in place:
- Lock Out/Tag Out – 1989
- Trenching and Excavation (Trenching and Excavation) – 1989
- Bloodborne Pathogen – 1991
- Process Safety Management(PSM, Process Safety Management) – 1992
- Confined Space Entry – 1993
- Fall Protection – 1994 for Construction and 2010 for General Industry
In the U.S., ASTs were regulated in 1999 when DOT/PHMSA required storage tanks to comply with the API Standard 653 for inspection and repairs.
Since 2002, the EPA has required owners and operators storing any type of oil (crude oil, refined products, vegetable oils, etc.) to follow SPCC (Spill Prevention, Control, and Countermeasure) rules and comply with API 653, SP001 of the STI (Steel Tank Institute), or have a licensed professional engineer draw up their own plan.
Today, there are more state and federal regulations on emissions from ASTs. Many states have their own regulations on inspections, repairs and overfill prevention (such as Pennsylvania, Florida, North Carolina, Wisconsin and Texas).
In California, for example, the South Coast Air District requires since 2024 the use of Optical Gas Imaging (OGI) to reduce Volatile Organic Compound (VOC) emissions.
Relevant regulatory updates
DOT/PHMSA has updated several API standards, including:
- API 2350: Requires risk assessments on each tank, and until they are performed, they must follow a system of categories (0 to 3), which implies additional capacity requirements to avoid overfilling.
In May 2024, the EPA published:
- Gasoline Distribution MACT and GACT – NESHAP Standards (40 CFR 63 Subparts R and BBBBBB), including:
- Additional requirements for connections in tanks with external floating roofs.
- Standard for internal floating roofs: maintain <25% of the LEL (Lower Explosive Limit).
- Semiannual monitoring and repair of leaks identified by AVO (Auditory, Visual and Olfactory) methods.
Also published:
- Regulation Kc, an update of the Kb standard (in effect since 1984), entitled:
Performance Standards for Volatile Organic Liquid Storage Tanks… whose construction, reconstruction or modification began after September 2024.
Another key 2024 standard is:
- Final Rule on Response Plans for Hazardous Substance Facilities under the Clean Water Act (EPA).
Applies to facilities that, by location and quantity (≥1000 times the RQ, Reportable Quantity), could cause harm to the environment.
Outstanding state legislation
In Texas, SB 900(TCEQ Chapter 338) was passed in 2023 affecting some 36,000 previously unregulated tanks.
This rule:
- It became effective on September 1, 2023, with full implementation by September 1, 2027.
- Applies to 21,000 gallon (500 barrel) tanks containing hazardous substances.
- Refers to:
- EPA 40 CFR Part 68 (Risk Management Plan)
- EPA 40 CFR Part 112 (SPCC Plan)
- API 653 (Sections 4, 6, 8 and 9)
- API 2350 (Sections 4 and 5)
- NFPA 30, Chapter 22
- API 2001 (Sections 5-11)
In addition, states such as Oregon and Washington have implemented new seismic standards for AST.
Additional recent State regulations include new seismic regula- tions in Oregon and Washington.
Well, things certainly have changed in tank regulations over the years, and I don’t expect the new regulations on ASTs to slow down or stop anytime soon. The AST world will continue to be- come more challenging for Owner/Operators to comply. I plan to be around for many more years to see what happens and to try and make sense of changes to the regulations.
This article was developed by specialist Earl Crochet and published as part of the fourth edition of Inspenet Brief magazine December 2024, dedicated to technical content in the energy and industrial sector.
