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Editor’s Note: These are trying times. Please know that PEI is standing with you — our members, industry colleagues and friends — as you seek to navigate through the upheavals caused by COVID-19. For a 3-minute video on what we are doing to help, click here.
 

Dear PEI Member:

ASTM International (ASTM) recently published a new standard for spill bucket and sump testing. The ASTM E3225-20 Standard Practice for Performing a Liquid Test of Spill Prevention Equipment and Containment Sumps Used for Interstitial Monitoring of Piping by Visual Examination method uses “the naked eye, alone or in conjunction with various aids such as portable lighting, camera, or mirrors” to determine the condition of the spill prevention equipment or sump.

Within days after the standard’s release, the U.S. Environmental Protection Agency (EPA) announced that ASTM E3225-20 cannot be used to meet the spill prevention and sump testing requirements in 40 CFR 280.35. The federal regulation requires liquid, pressure or vacuum testing of spill prevention equipment and sumps, none of which are part of the ASTM E3225-20 visually based standard.

In a March 26 email to PEI and other members of the underground storage tank (UST) community, Carolyn Hoskinson, director of the EPA Office of Underground Storage Tanks (OUST) said:

ASTM Visual Sump Test

PEI Launches Industry Alerts

COVID-19

EMV Deadline Delay Request

EPA Discretionary Enforcement

Respond to this Newsletter

by e-mail to the editor, Rick Long at rlong@pei.org

“If owners and operators follow this standard and do not perform the correct testing requirements, they will be in violation of the regulatory requirements, and subject to appropriate enforcement. I am personally very concerned that some in our community might get confused by this. Please help us in spreading the word that these procedures do not meet the requirements in 40 CFR § 280.35.”

To address the matter, EPA OUST added two questions and answers to the agency’s UST Technical Compendium about the 2015 UST Regulation. The first affirms owners and operators in states that have adopted the federal UST regulations cannot use the ASTM method to meet 40 CFR 280.35 testing requirements. The second says SPA (state program approval) states cannot use ASTM E3225-20 to meet their spill bucket and sump testing regulatory requirements.

PEI LAUNCHES PEI INDUSTRY ALERTS
PEI has launched a new resource, PEI Industry Alerts, to deliver crucial information, updates and analysis more quickly than the TulsaLetter, PEI Journal, SafePractices and SafeyLetter publication schedules allow. So far, two Alerts have been issued:

●      March 23: Results of a March 16-18 COVID-19 PEI member survey

●      March 25: Release of a Critical Authorization to Work and Travel Form to help employees document their exemption from COVID-19 curfews, shelter-in-place orders or other work restrictions.

In addition to COVID-19 matters, PEI Industry Alerts also will be used for other fast-moving industry developments.

TulsaLetter subscribers automatically are included on the PEI Industry Alerts distribution list. Others who would like to receive the Alerts may sign up at www.pei.org/news.

COVID-19: INDUSTRY DEVELOPMENTS

Oregon Relaxes Self-Fueling Restrictions
In response to the COVID-19 outbreak, the Oregon State Fire Marshal’s Office will allow self-service fueling through April 11 at retail locations that:

• Maintain documentation showing no employee is available to dispense fuel;
• Post instructions for safely operating a fuel pump; and
• Do not allow self-fueling for more than 10 consecutive hours.

Stations that offer self-service fueling must have an on-duty attendant to enforce social distancing requirements and provide sanitation support to mitigate the spread of COVID-19.

The complete order may be found here.

Marketers Seek EMV Liability Shift Delay
Five major fuel marketer associations asked Visa, Mastercard, Discover and American Express to delay the October EMV forecourt liability shift deadline.

In the March 23 request, NACS, NATSO, the Petroleum Marketers Association of America (PMAA), the Society of Independent Gasoline Marketers of America (SIGMA) and the Merchant Advisory Group said, “Even before the development of COVID-19, retailers were confronted with challenges in acquiring hardware and certified software and a shortage in available technicians for installation. These challenges have been exacerbated by the COVID-19 pandemic and the resulting disruption in the workforce and supply chain.”

The letters asked the card companies to set a new deadline after the COVID-19 crisis passes.

EPA Announces Discretionary Enforcement Policy
The EPA issued a discretionary enforcement policy for noncompliance with routine monitoring, reporting and integrity testing requirements resulting from COVID-19 business disruptions. The temporary policy cites worker shortages, travel restrictions and social distancing requirements as potential COVID-19 disruptions and is subject to two conditions.

1. Regulated entities should make every effort to comply with their environmental obligations. This includes continuing “to take every precaution to prevent, contain and report accidental releases of hazardous substances and other chemicals including all petroleum products.”
2. If compliance is not reasonably practicable, facilities should:

●      Act responsibly to minimize the effects and duration of any noncompliance;

●      Identify the nature and dates of the noncompliance;

●      Show the role COVID-19 played in any failure and the efforts taken to comply;

●      Return to compliance as soon as possible; and

●      Document all steps and information required above.

The policy applies in the 12 states that have adopted the federal UST regulations; however, the EPA also encouraged SPA jurisdictions to “take into account the safety and health of their inspectors and facility personnel and use discretion when making decisions to conduct routine inspections … .”

Washington Expedites Mobile Fueling Permits
Washington Gov. Jay Inslee signed a bill allowing statewide permits for mobile fueling providers. The legislation, which takes effect June 10, is designed to encourage the growth of mobile fueling throughout the state and produce a consistent, statewide regulatory framework for the nascent industry. Under current law, mobile fueling providers must apply for permits in each local jurisdiction they want to enter.

Backers said the legislation will allow mobile fueling providers to respond more quickly to urgent local fueling needs created by COVID-19 disruptions.

PEI Foundation Scholarship Application Deadline Extended
The PEI Foundation is extending the March 31 application deadline for the 2020-2021 Charles D. Kemp Scholarships. The extension is to assist the many students who cannot obtain their high school transcripts because their schools are closed to slow the spread of COVID-19. The new deadline will be announced as soon as possible. Check www.pei.org/foundation for additional details.

COVID-19: LEGISLATIVE AND REGULATORY DEVELOPMENTS

Families First Coronavirus Response Act (FFCRA)
The U.S. Department of Labor (DOL) on March 24 issued an FFCRA Fact Sheet for Employees, Fact Sheet for Employers and Questions and Answers. Three days later, the DOL released a model notice to advise employees of their FFCRA rights, along with related FAQs for employers. Included in the FAQs are details on how businesses with fewer than 50 employees can gain an exemption when the FFCRA’s paid leave requirements would jeopardize their viability.

The DOL also announced that the FFCRA will take effect April 1 and run through December 31. (Most legal analysts had calculated the effective date would be April 2.)

For more on the FFCRA, see the March 20 TulsaLetter.

Coronavirus Aid, Relief and Economic Security (CARES) Act
President Trump signed the CARES Act on March 27. The legislation authorizes $2.2 trillion in direct payments, loans, loan forgiveness, tax deferrals and other benefits to reduce the economic damage caused by COVID-19.

●      Companies with fewer than 500 employees are eligible for Paycheck Protection Program loans, which may be used to cover payroll costs, group health care benefits, mortgage and business loan interest payments, rent and utilities. Paycheck Protection Program loans do not require a personal guarantee or collateral. Interest may not exceed 4%.

Borrowers may obtain forgiveness of up to the first eight weeks of loans. The loan forgiveness amounts will be reduced if the company lays off or reduces its employees’ pay.

Small Business Association (SBA)-certified banks, credit unions and other financial institutions will administer the program, which runs retroactively from Feb. 15 to June 30.

●      Companies with more than 500 employees are eligible for loans under a separate Treasury Exchange Stabilization Fund. These loans are not forgivable and come with additional requirements related to executive compensation, employment levels and other terms the Secretary of the Treasury will establish within 10 days after passage of the CARES Act.

PEI MEMBER NEWS
Franklin Fueling Systems appointed William “Will” Luong territory manager for the U.S. Southwest Region, which includes Arizona, Southern Nevada and Southern California. Luong graduated from California Polytechnic State University in Pomona, California, with a Bachelor of Science in Civil Engineering. Before joining Franklin, he held several industrial technical sales and management positions.

MEMBERSHIP APPLICATIONS
Indiana distributor. CountryMark Energy Equipment, 17710 Mule Barn Road, Westfield, IN 46074, applied for distributor division membership. Jeff Inman is business development manager for the company, which was established in 1940. CountryMark Energy Equipment specializes in sales and service of aboveground and underground petroleum storage and dispensing system equipment. Sponsored for PEI membership by Brian Fedro, Great Plains Industries Inc./GPI, Wichita, Kansas.
www.countrymark.com

Illinois environmental company. Indigenous Energy, P. O. Box 4550, Chicago, IL 60680, applied for service and construction division membership. Pete Probst is director of research and development for the firm, which was established in 2012. Indigenous Energy is an environmental consulting provider. Sponsored for PEI membership by Bobby Stenstrom, Stenstrom Petroleum Service Group, Rockford, Illinois.
www.indigenous-energy.com

Wisconsin manufacturer. Lannon Tank Co., 20134 Main St., Lannon, WI 53046, applied for manufacturer division membership. Edgar Riteris is president of the company, which was established in 1957. Lannon Tank Co. manufactures technology-based petroleum storage tanks, which are sold primarily through distributors. Sponsored for PEI membership by Bret Swan, Minnesota Petroleum Service Inc., Minneapolis, Minnesota. 
www.lannontank.com

Tennessee testing firm. ECT of Tennessee, 1261 Getwell Road, Memphis, TN 38111, applied for service and construction division membership. Hassan Najdawi is the owner of the company, which was established in 2014. ECT of Tennessee performs compliance testing services. Sponsored for PEI membership by Amin Mohammed, Environmental Compliance Technologies LLC, North Royalton, Ohio.

Illinois contractor. Cat Builders USA Inc., 522 E. Dundee Road, Palatine, IL 60074, applied for service and construction division membership. Jan Kopytek is president of the firm, which was established in 2009. Cat Builders USA Inc. performs tank removals and installations. Sponsored for PEI membership by Glen Corkill, Source North America, Addison, Illinois.
www.catbuildersusa.com

The TulsaLetter is published two or three times each month by the Petroleum Equipment Institute. Richard C. Long, Editor. Opinions expressed are the opinions of the Editor.