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Notice Public Comment Period – Proposed Rulemaking amending the District’s Underground Storage Tank Regulations

Thursday, February 14, 2019



This notice is to inform all interested members of the public that the Department of Energy and Environment (Department) is extending the time for public review and comment on the Underground Storage Tank Regulations, which was published in the D.C. Register on December 28, 2018, at 65 DCR 13962. A previous extension was published in the D.C. Register on January 18, 2019, at 66 DCR 713.

The public comment period will now end on March 5, 2019.

The primary purpose of the proposed rulemaking is to incorporate new requirements of the 2015 amendments to the federal underground storage tank regulations at 40 C.F.R. Part 280 so that the District can maintain state program approval under 40 C.F.R. Part 281. The new requirements include regulation of previously deferred field-constructed underground storage tanks and airport hydrant systems, testing of spill prevention and leak detection equipment, containment sump testing, and periodic walkthrough inspections. The rulemaking also updates the requirements for corrective action after releases from underground storage tanks, consolidates and updates fee requirements, and makes clarifying amendments and corrections to the regulations.

The proposed rules are available for viewing. Additionally, a copy of these proposed rules can be obtained for viewing at DOEE offices, located at 1200 First Street, N.E., 5th Floor, Washington, D.C. 20002, during normal business hours.

All persons desiring to comment on the proposed regulations should file comments in writing no later than March 5, 2019. Comments should identify the commenter and be clearly marked “DOEE Underground Storage Tank Proposed Rule Comments.” Comments may be (1) mailed or hand-delivered to DOEE, 1200 First Street, N.E., 5th Floor, Washington, DC 20002, Attention: DOEE Underground Storage Tank Regulations, or (2) sent by e-mail to [email protected], with the subject indicated as “DOEE Underground Storage Tank Proposed Rule Comments.”

Additionally, a conference call will be held on February 26, 2019, at 2pm (for about 1 hour) with DOEE program staff. Please use Conference Call Number: 877-989-3536 Participant: 2457970. All interested parties are encouraged to participate. The purpose of the call is to educate stakeholders about District-specific updates that go beyond the federal requirements.

The comments period has been extended to MARCH 5, 2019, in order to allow participants adequate time to update their comments accordingly. All comments should be submitted in writing even if discussed during the conference call. Only written comments will be included in the administrative record for the rulemaking.