Statutes and Rules Notices

Notices Regarding Statutes and Rules

Underground Storage Tank Rule Changes Become Effective

On April 24, 2009, permanent rule changes replacing the OSFM emergency rules became effective. These rule changes provide that existing interstitial monitoring systems, whether required by rule at time of installation or not, must be maintained and shall not be removed. However, these rule changes do not require installation of interstitial monitoring systems that are not already in place on existing USTs. This will also require that UST piping seals be repaired as necessary to keep water out so that interstitial sensors do not produce false alarms. Additionally, the permanent rule changes also incorporate current OSFM policy, as required by US EPA, that all pressurized piping installations in the State of Illinois be equipped with and utilize automatic line leak detectors ("ALLDs").

Effective May 1, 2009, UST rules have removed the prior European Suction exemption for under-dispenser containment requirements, although European Suction piping systems continue to remain exempt from requirements for double-wall piping with interstitial monitoring under the federal Energy Policy Act of 2005. The Energy Policy Act requirements involved apply only to new and replaced UST installations.

Rule Changes to Implement the Federal Energy Policy Act of 2005

Pursuant to the Federal Energy Policy Act of 2005, OSFM is adopting a requirement for double-walled underground storage tank systems. Effective for all permits issued on or after February 1, 2008, every new or replaced underground storage tank system, including tanks and piping, must be of double-wall construction and have interstitial monitoring. "Double-wall" is defined to mean a factory certified container consisting of an inner wall and outer wall with an interstitial space between the walls suitable for interstitial monitoring. Further details are in the attached document, which shows the rule changes by underline (new text) and strikeout (deletion of old text). These changes implement a federal requirement that states receiving federal funding for their UST regulatory programs take certain measures to avoid and minimize releases to the environment.