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HomeMy WebLinkAboutDERR-2024-009090 Summer 2024 INSIDE: APST Update and Certificate of Compliance Reminder 1-2 Potential PST Fund Rebate and Risk Evaluation 3 Public Notification Needs 4 Who Regulates Petroleum Spills? 5 LPST Fund Prioritization 6-7 What’s Wrong with the Picture and Dates to Remember 8 Position Changes and Certification Corner 9 Published by the Utah Department of Environmental Quality Kim Shelley Executive Director Division of Environmental Response and Remediation Brent H. Everett Division Director Petroleum Storage Tank Branch Morgan Atkinson PST Branch Manager Mark Crim Utah Tank News Editor Aboveground Petroleum Storage Tank Update And Certificate of Compliance Reminder DEADLINE WAS - JUNE 30, 2023 By Morgan Atkinson On May 5, 2021, the Division of Environmental Response and Remediation (DERR) began regulating specific types of Aboveground Petroleum Storage Tanks (APSTs). By statute (19-6-407(2)), owners of regulated APSTs must notify the Director of their facility details and pay a notification processing fee. By June 30, 2023, APST owners should have demonstrated financial responsibility and obtained a Certificate of Compliance. IF YOU MISSED THIS DEADLINE you may be subject to enforcement actions, penalties and delivery prohibition. CONTACT DERR TODAY! As of June 10, 2024, 226 Facilities have submitted APST Notification forms with a total of 577 tanks. Of these facilities, 169 have achieved a Certificate of Compliance, 75% are complying. The DERR is working with the other 25% to get testing done and fees paid. APST facilities that have not yet submitted a Notification form or an Application for a Certificate of Compliance will be billed for both Fiscal Years 2024 and 2025 tank registration fees. We are still finding facilities that are regulated and have not completed either. The DERR will work with owners to get in compliance, but delivery prohibition and penalties will be enforced for those not attempting to meet these requirements. Please contact your assigned area scientist with questions or visit ASTNotice.Utah.gov for more information. How to Obtain a Certificate of Compliance for Aboveground Petroleum Storage Tanks • Complete the APST Notification Form: https://documents.deq.utah.gov/environmental-response-and- remediation/ust-lust/branch/DERR-2021-020824.pdf ~Continued on Page 2 UTAH TANK NEWS 1 2 ~APST Update Continued from Page 1 •Complete an Application for Certificate of Compliance: https://documents.deq.utah.gov/environmental-response-and-remediation/ust-lust/underground- storage-tanks/ust-forms/DERR-2022-040046.pdf o Must include passing Line Tightness Tests o Must include passing Tank Tightness Tests – If the tank is fully inspectable and is off the ground in a saddle or on feet (not in contact with the ground), an approved Visual Inspection Checklist will be accepted for the initial Tank Tightness Tests: https://documents.deq.utah.gov/environmental-response-and-remediation/ust-lust/ust- forms/DERR-2023-009988.pdf o Financial Responsibility Declaration – Elect to participate in the Environmental Assurance Program or provide documentation of an alternate mechanism that provides $1 million “per occurrence” coverage for release investigation and cleanup, $500,000 for non- marketers with less than 10,000 gallons monthly throughput. o Previous Pollution Incident Form https://documents.deq.utah.gov/environmental- response-and-remediation/ust-lust/underground-storage-tanks/ust-forms/DERR-2022- 040087.pdf o As-Built Drawing or site plat – Provide a scaled facility map that documents the location of petroleum storage tanks, product lines, dispensers, buildings, property boundaries, streets and orientation, utilities, surrounding structures, and other relevant features. •Payment of Fees – Once the Certificate of Compliance application is received an invoice will be generated. Please do not pay fees prior to receiving an invoice. o Notification Processing Fee o Annual Registration Fees o Environmental Assurance Program Participation Fees, or Alternate Financial Assurance Mechanism Review Fee When the application is complete and fees are paid, a Certificate of Compliance will be issued for fiscal year 2024. Fees will be invoiced yearly and a Certificate of Compliance will be issued once fees are paid in ongoing years. If owners do not notify and do not apply for a Certificate of Compliance by June 30, 2023, delivery prohibition and penalties will be enforced. Please contact your assigned area scientist with questions or visit ASTNotice.Utah.gov for more information *Note – Overfill, cathodic protection, and line leak detector tests will be required starting 7/1/2026. 3 3 Is There a PST Fund Rebate in Your Future? By Michael Pecorelli If you are an underground storage tank owner, you may qualify for a rebate of some fees you are paying into the Petroleum Storage Tank (PST) Fund. If you are participating in the PST Fund you may be eligible to get a rebate on a portion of the throughput-based environmental assurance fees. This will actually lower the cost of meeting your financial responsibility. Said another way, you may be able to lower your insurance costs that covers a release, if you are participating in the PST Fund. The amount of the rebate depends on the relative risk of the tank systems at each facility. Rules recently adopted by the Utah Solid and Hazardous Waste Control Board describe the formula for calculating the relative risk of a facility. The rule states that risk is lower for tank systems that have containment: • at the tank top, • under the dispensers, and • at the fill riser. Other factors including tank age and material of construction also affect risk. Each facility will be assigned a Risk-Tier, that takes these factors into account. The rule spells out that in order to receive “credit” for containment; sumps, secondary piping, and secondary tank walls must be tested at least every three years to document they are still able to contain a spill. Table 1: Environmental Assurance Fee Rebate Table Risk-Tier Facility Risk Value (rounded to nearest 0.0001) Rebate: % of surcharge paid Tier 1 <0.10 40% Tier 2 0.10-0.2499 25% Tier 3 0.25-0.3499 10% Tier 4 >0.35 None The risk status for each facility will be calculated each December 15th and will apply for the following calendar year. Table 1 summarizes the eligible rebate for facilities in each Risk-Tier. Facility risk information will be provided to the Utah Tax Commission and to tank operators. Rebates may be claimed on Form TC-116 by completing TC-116 Schedule R and submitting it to the Tax Commission. You can view your current facility risk at: eqedocs.utah.gov/P_ApSearch.aspx (Note: copy and paste this link into your web address bar, without the ‘http:’ prefix.) Included on this site is a tool that allows you to evaluate upgrades to determine how equipment upgrades affect the facility risk and potential rebate amounts. 4 Public Notification Needs By Liberty Coe Regulatory Background Public notice requirements at the Division of Environmental Response and Remediation (DERR), Petroleum Storage Tank (PST) Branch are associated with corrective action or cleanup, and supported by Utah Administrative Code R311-202-1 and 40 C.F.R. § 280.66 and .67. Concerning Corrective Action When a petroleum release occurs at a site, the responsible party is required to perform site characterization studies. The studies include determining the quantity and source of the release, and obtaining information about the extent and degree of the contamination. Site investigations include the analysis of collected soil and or groundwater samples to describe the petroleum impacts. After a site characterization report is completed, it is reviewed by the DERR. The DERR may require additional information or cleanup, wherein a Corrective Action Plan (CAP) will be needed for cleanup. A CAP evaluates appropriate and applicable technologies based upon the cost-effectiveness, technological feasibility, and the ability of each technology to protect human health and the environment. The best clean up method is selected for the site and a detailed outline of the design and implementation of the project is developed. Once a CAP is reviewed and approved by the DERR public notifications must be made. Public Notification As part of a CAP a DERR-certified PST Consultant determines which members of the public may be affected by the cleanup activities, including nearby residences and businesses. Based on the review of potentially affected parties, the consultant will draft a Public Notification to be approved by the DERR. The notification should outline key pieces of information such as a brief site history, the impacted media to be treated, the selected cleanup method(s), and a schedule with dates of the proposed work. Also, list where public comments can be made and to whom, with a timeframe for the public comment period. The public notice period gives the potentially affected individuals the opportunity to weigh in on the situation, and to ask questions or raise concerns. These comments may strengthen the CAP decision-making by providing facts or perspectives not found in the CAP. Public notices can be placed in local newspapers, handed out to individual houses and businesses, or be placed on the DERR website. If there is enough interest, a public comment meeting may be needed. Working alongside the DERR ensures that your Public Notification is tailored to the situation. Before any work on the CAP can begin, every public comment must be reviewed and acknowledged. This means potentially modifying the CAP based on the public's feedback. Public notification is an essential part of the CAP process, as each site and its cleanup are unique. Working with potentially impacted individuals or businesses, ensures that they are informed of site activities and that work to protect health and the environment is completed as efficiently as possible. 5 3 Who Regulates Petroleum Spills from USTs, ASTs, UHOTs, or APSTs? By Mark Crim When a petroleum release occurs from a petroleum storage tank (PST), the Division of Environmental Response and Remediation (DERR), PST Branch, has the statutory authority to track the release from its initial notification to final investigation or cleanup. The PST Program and its regulatory authority has evolved over time. From 1991 through May 2021, the DERR managed petroleum releases specific to underground storage tanks (USTs), while aboveground storage tanks (ASTs) and underground heating oil tanks (UHOTs) were managed by the Division of Water Quality (DWQ), under the Utah Water Quality Act. Beginning December 2000, a Memorandum of Understanding (MOU), between the DERR and DWQ, allowed the DERR’s UST program to provide for the administration of AST and UHOT petroleum releases regulated by DWQ. The MOU was created to provide consistent and effective evaluations of releases from ASTs, UHOTs, and USTs. At the time, the DERR would receive spill reports from AST or UHOT releases and initiate contact with the tank owners to ensure the spills were properly investigated or cleaned up. The owners would voluntarily sign an application for DERR oversight, and have their petroleum spill overseen by the DERR and its rules. If an oversight application was not signed or the owner came into non-compliance with the DERR, the DERR-assigned release file would return to the DWQ for oversight due to its statutory authority. On May 5, 2021, the DERR began regulating specific types of aboveground petroleum storage tanks (APSTs), with direct authority to oversee the investigations and or cleanups of petroleum spills attributed to them, and without the need for the MOU. Broadly speaking, APST systems under the new authority of the DERR include those with tanks or lines in direct contact with soil. Petroleum releases attributed to AST systems not in contact with soil and UHOTs are still managed under the terms of the MOU. Thus, there continues to be regulatory oversight of PSTs by the DERR and DWQ, with the following guidance: •USTs and APST systems (with tanks or lines in contact with soil), are managed by the DERR •UHOTs and AST systems (not in contact with soil), are first managed by the DERR under the terms of the MOU and requiring a voluntary application for DERR oversight •UHOTs and AST systems (not in contact with soil) are managed by DWQ, when the owners do not sign an application for DERR oversight, or are non-compliant with the DERR For additional information visit the DERR website at: https://deq.utah.gov/environmental-response-and- remediation/petroleum-storage-tank-branch 6 3 LPST Funding and Prioritization at the DERR By Mark Crim The Division of Environmental Response and Remediation (DERR), Petroleum Storage Tank (PST) Branch, has a program to evaluate and or cleanup petroleum releases, when there are no responsible parties, when responsible parties are unwilling or unable to address the Leaking Petroleum Storage Tank (LPST) contamination, or when the source of the petroleum contamination is unknown. Typically, following the issuance of a DERR ‘Facility Identification Number’ and ‘Release Identifier’, a spill report is evaluated and responsible parties are notified of their obligation to investigate and if needed, cleanup the petroleum spill. The LPST sites can range from simple to complex. Surface spills are often addressed within 24-hours, but subsurface releases can take months or years to complete site investigations and cleanup. When LPST releases occur and no responsible party is able to perform investigation and cleanup, the Remedial Assistance Cleanup Section of the PST Branch takes the case files and ranks them according to the severity of the spill and its potential to impact human health or the environment. The case files are then placed on a list for potential state lead work for investigation or cleanup using the DERR’s PST Cleanup Fund, or other financial mechanisms such as the Hazardous Substance Mitigation Act or Petroleum Brownfields funding. The ranking criteria includes the following with numeric allotments for each category: •Land Use On-Site and Adjacent Land Use-is the impacted area commercial, residential or occupied? •Underground Utilities-are there pathways for petroleum impacts to affect drinking water, sewer or other underground utilities? •Water Rights and Surface Water-are there drinking water or agricultural water wells or points of diversion that need to be considered or the potential for surface water impacts? •Free Product-is petroleum product present in soil or groundwater? Is it under buildings or in utilities? How deep is the product and what is its thickness? •Groundwater Information On-Site and Off-Site-what is the degree of contamination? What are the chemicals of concern, such as gasoline, diesel or benzene? What is the depth and gradient of the impacted groundwater and its potential to impact buildings, utilities, water rights or surface water? ~Continued on Page 7 7 5 ~LPST Funding and Prioritization Continued from Page 6 •Soil Information On-Site and Off-Site-what is the degree of contamination? What are the chemicals of concern, such as gasoline, diesel or benzene? What is the depth of the contamination and its potential to impact buildings or utilities? Example of a LPST Prioritization Worksheet After the prioritization worksheet is completed, it is placed on a list for potential work with the sites ranking the highest, obtaining funding for investigation, abatement or cleanup. The list is in flux as environmental conditions can change or impacts from a release may present new threats to human health or the environment. Currently, the PST Branch actively works on 55 LPST funded sites ranging from site investigations to active cleanup or long-term monitoring. As site criteria determine and funding allows, the PST Branch will continue to work on the petroleum release sites that present the greatest risk to communities across Utah. _________________________________________________________ Important Dates to Remember •June 30, 2023-APSTs needed to have Financial Responsibility and obtain a Certificate of Compliance-Now PAST DUE •July 1st- Annual Tank Registration fees and EAP Fund fees are due •July 15th- penalty billing is sent out •September 1st- Any facility that has not paid the annual fees will lose Petroleum Storage Tank (PST) Fund coverage and the Certificate of Compliance will lapse •December 15th- Secondary Containment Tests to qualify for a rebate must be received and Certificates of Compliance are mailed out •March 15th- Throughput forms are mailed out •April 30th- Throughput forms are due •May 15th- Annual Tank Registration fees and EAP Fund fees invoices are mailed out. What’s Wrong with this Picture? By Mark Crim Do you have a properly fitted seals or caps on your vapor recovery ports? We often see poorly fitted or broken caps that can cause a release of fuel or vapors In this photo, a broken cap has allowed vapor and or fuel to come out of the vapor recovery port Please ensure that all caps or seals are replaced with new equipment 8 9 DERR Updates Position Changes Avery Holyoak, Remedial Assistance Cleanup Section, Program Manager, Leaves the DERR for a Position with the US Army Corps of Engineers, July 2024 Chris Howell, CERCLA-VCP/Brownfields Section, Scientist, Becomes the New Remedial Assistance Cleanup Section, Program Manager, June 2024 Certification Corner EXAMS for A/B Operators, Groundwater and Soil Samplers, UST Removers, UST Installers, UST Technicians, UST Testers and PST Consultants Regarding the DERR’s A/B Operator Certification program, we are now offering an online option to take the final exam. As of April 25, 2024, when training is completed through UST Training, Inc., a final exam is included that can be taken, in place of the in-person exam offered by the State. This is not an endorsement of the UST Training, Inc. course, rather it is an added option we are offering to give applicants more flexibility with testing. Please note that the rest of the certification requirements must still be met, and be submitted via email or mail to Chelsea Qualls in order to be certified through the State. Taking the course with the exam is not enough to be certified. The requirements for State certification are below: Requirements for Initial A/B Operator 1.Application 2.A/B Owner Operator Training Certification within 30 days of beginning work, options listed here: https://deq.utah.gov/environmental-response-and-remediation/owner-operator-testing- approved-training-courses-ust 3.Notarized Citizenship Form (page 3 of application) 4.Copy of Driver's License 5.$50 Registration Fee payable online here: https://deq.utah.gov/environmental-response-and- remediation/derr-payment-portal-shopping-cart Please wait until your application is ready to email to the DERR before making your payment, since the DERR accounting group cannot process payments without the corresponding applications. Certified PST Consultant Recertification Changes Regarding the Certified PST Consultant course: the DERR is now transitioning back to having in-person courses again. The course is held twice a year and was last held June 20, 2024. The next date is To Be Announced. If you need additional help, please contact Chelsea Qualls at cqualls@utah.gov or 801-536-4100.