Title: DNREC Tank Management Branch Underground Storage Tank Regulatory Development Workshops September 200
1DNREC Tank Management BranchUnderground
Storage Tank Regulatory Development
WorkshopsSeptember 2006
2Why?
- To update technical aspects of the Regulations
that are outdated - To comply with the Federal Energy Policy Act of
2005
3Federal Energy Policy Act of 2005
- Owner/Operator Training
- Delivery Prohibition
- 3 year inspection cycle
- Public Access to records
- http//www.epa.gov/oust/fedlaws/epact_05.htm
4Delaware s Regulatory Development Process
5Part AGeneral Requirements for Underground
Storage Tank Systems
6Part A Section 1 General Provisions
- The Department can order an investigation or a
system tightness test if the UST is not in
compliance with the Regulations. - Statement of Joint and Several Liability for
Owners and Operators added.
7Part ASection 2 Definitions
- Terms Deleted
- Abandoned
- Corrosion Expert
- Existing Tank
- Fund
- New Tank
8Part ASection 2 Definitions
- Terms Added
- Airport Hydrant Fuel System
- Change in Substance Stored
- Closed in Place
- Containment Sump
- Hazardous Substance
- Heating Fuel UST
- LNAPL
- Motor Oil
- Product Tight
- Watertight
9Part ASection 2 Definitions
- Terms Amended
- Motor Fuel to include biodiesel and ethanol
- Operator
- Owner
- Piping
- Precision Test
- Regulated Substance
- Repair
- Retrofit
- Underground Storage Tank System
- Upgrade
10Part ASection 3 Referenced Standards
- Referenced Standards updated
- The most recent edition of the referenced
standard shall be used. - Where two referenced standards conflict the most
stringent shall apply.
11Part ASection 4 Registration and Notification
Requirements
- Delivery Prohibition no deliveries may be
made to a tank that is not in significant
compliance with the Regulations. (from the
Federal Energy Policy Act of 2005) - All ownership transfer documents, including proof
of financial responsibility, must be submitted to
the Dept. within 72 hours of change of ownership
if the tank contains a Regulated Substance.
12Part ASection 4 Registration and Notification
Requirements(cont.)
- USTs used for multiple purposes must meet the
most stringent regulations. - Proof of Financial Responsibility must be
submitted to the Dept before product can be put
in the tank.
13Part ASection 4 Registration and Notification
RequirementsRetrofits
- DNREC must approve or deny submitted retrofit
plans within 10 days of receipt. - Work may begin as soon as DNREC issues approval
of the retrofit plans. - DNREC must be notified within 48 hours of
starting work. - A new form must be submitted if work does not
begin within 60 days of DNRECs approval. - Retrofit approvals must be kept on site work may
be stopped if approvals are not on hand.
14Parts B, C and DRequirements for Installation,
Operation and Maintenance of USTs
15Parts B, C and D
- Part B Petroleum USTs
- Section 1 USTs installed after the new
Regulations are effective - Section 2 USTs installed before the new
Regulations are effective - Part C Heating Fuel (HF) USTs (greater than
1,100 gallons) - Section 1 HF USTs installed after the new
Regulations are effective - Section 2 HF USTs installed after 5/14/93 and
before the new
Regulations are
effective - Part D Hazardous Substance USTs
- All Hazardous Substance USTs regardless of date
of installation
16Parts B, C and D
- NEW INSTALLATION REQUIREMENTS
17Parts B, C and D New Installation Requirements
- Components of the UST system must be UL or
equivalent 3rd party certified - All equipment must be maintained such that
manufacturers warranties are not voided for the
warrantys lifetime
18Parts B, C and D New Installation Requirements
- UST systems must be Secondarily Contained
- Double-Wall Tank
- Double-Wall Piping
- Liquid Tight Containment Sumps
- tank top and dispensers
- Vent piping double walled where necessary to
protect water resources
19Parts B, C and D New Installation Requirements
- UST System Construction
- Cathodically Protected Steel
- Sacrificial anode only no impressed current on
new installations - Fiberglass Reinforced Plastic
- Steel with Non-Metallic or Coated Outer Shell
20Parts B, C and D New Installation Requirements
- Release Detection Methods
- Continuous Interstitial Monitoring
- Automatic Tank Gauge with monthly tank testing
- Other methods approved by DNREC
- NOTE
- Tank Tightness Testing may be used for Heating
Fuel and Emergency Generator USTs only - Petroleum and Hazardous Substance USTs must also
perform inventory control
21Parts B, C and D New Installation Requirements
- Spill Containment
- Spill buckets installed at fill ports must have a
minimum 15-gallon capacity. Alternative designs
may be allowed with prior approval by the TMB. - 5-gallon minimum capacity spill buckets must be
installed at Stage I vapor recovery adapters and
around sensor risers.
22Parts B, C and D New Installation Requirements
- Overfill Prevention
- Ball floats are not allowed as overfill
protection if the system contains suction piping,
remote fill lines, remote vapor lines, receives
pressurized deliveries, or any UST system that
stores Used Oil. - UST Systems that receive pressurized deliveries
require a high level alarm set to 90 full or an
automatic flow shut-off valve designed for
pressurized deliveries for overfill protection.
23Parts B, C and D New Installation Requirements
- Piping Construction
- Piping interstitial spaces must be left open and
slope to the tanks at a minimum of 1/8" per foot
so that product may travel back to the tank-top
containment sump and be detected by an electronic
sensor.
24Parts B, C and D
- OPERATION and MAINTENANCE REQUIREMENTS
25Parts B, C and D Operation and Maintenance
Requirements
- Release Detection
- Interstitial Monitoring devices must be checked
once a month and the results recorded. - Automatic Tank Gauge systems must pass a leak
detection test at least once a month and the
results must be recorded. - Tank Tightness Tests (Heating Fuel and Emergency
Generator USTs only) must be performed once a
year and the test results recorded.
26Parts B, C and D Operation and Maintenance
Requirements
- Release Detection Records
- Release Detection Records must be maintained for
the life of the UST system. - If required Release Detection or Inventory
records are not available the Department may
require tank and line tightness tests or soil
sampling at the Owner and Operators expense.
27Parts B, C and D Operation and Maintenance
Requirements
- Release Detection Equipment Maintenance
- Interstitial Monitoring and Automatic Tank Gauge
equipment must be inspected and tested by a
qualified service technician at least once a
year. - Records of inspections must be kept for the life
of the UST system.
28Parts B, C and D Operation and Maintenance
Requirements
- Containment Sumps
- All Containment Sumps must be designed to be
liquid tight and must pass a liquid tightness
test once a year. - Spill Containment Buckets
- Spill buckets must be empty at all times and must
pass a liquid tightness test once a year.
29Parts B, C and D Operation and Maintenance
Requirements
- Line Leak Detectors
- All Mechanical and Electronic Automatic Line Leak
Detectors must pass a function test once a year.
(3gph at 10 psi) - Electronic Line Leak Detectors performing monthly
line tightness testing must be approved by the
Department as an alternative method of release
detection.
30Parts B and D Operation and Maintenance
Requirements
- Inventory Control
- Inventory control records must now be reconciled
to 0.5, not 1 130 gallons. - Any inventory that shows a constant negative
trend must be treated as an indicated release,
even if the leak check calculation passes.
(will be added to draft regs) - Any tank storing an ethanol blend must be checked
for water once a day. Tanks storing other
products must be checked once a week.
31Parts B, C and D Operation and Maintenance
Requirements
- Routine Inspections
- The Owner and Operator must conduct a visual
inspection of all dispensers, dispenser sumps,
access ports and Containment Sumps once a month. - A record of each inspection must be kept on file
for at least 3 years and must include any repairs
made as a result of the inspection.
32Parts B, C and D Operation and Maintenance
Requirements
- Cathodic Protection (CP)
- All CP systems must be tested by a NACE-certified
professional within 6 months of installation,
once a year thereafter, and within 6 weeks of any
underground work at or near the site. Records of
the tests must be permanently maintained. - If the system fails the test, the cause must be
determined and repairs made by a NACE-certified
professional.
33Parts B, C and D Operation and Maintenance
Requirements
- Cathodic Protection (CP)
- Impressed current CP cannot be used to make
repairs or upgrades to failing CP systems. - The Department may require an integrity
assessment if a CP system is inactive, fails
testing, or is not being tested as required.
34Parts B, C and D Operation and Maintenance
Requirements
- Cathodic Protection (CP)
- Impressed current CP (ICCP) systems cannot be
turned off except during work on the system or
power failures. - All ICCP rectifiers must be read once a month and
the results permanently recorded. - Any repairs, retrofits, or upgrades to ICCP
systems are prohibited.
35Part B
- USED OIL
- EMERGENCY GENERATOR
- USTs
36Used Oil USTs
- Used Oil tanks may use a high level alarm or a
standard operating procedure for overfill
prevention. Ball floats and flapper valves are
not acceptable. - Used oil tanks with capacities of 1,000 gallons
or less may use manual tank gauging (MTG) for
release detection. - Used oil tanks with capacities of 2,000 gallons
or less may use manual tank gauging in place of
modified inventory control.
37Emergency Generator USTs
- Emergency Generator tanks must utilize at least
one method of release detection within one year
of the effective date of the new Regulations. - NOTE Existing piping is exempt from release
detection - Annual tightness testing will be allowed as a
release detection option for the lifetime of the
UST system. - Emergency generator UST systems will continue to
be exempted from inventory control.
38Phase-Outs for Existing USTs
- Tank Tightness Testing will not be allowed as a
primary form of release detection after December
31, 2008. - Observation Tubes, Monitoring Wells, Vapor Tubes,
or U-tubes will not be allowed as a primary form
of release detection 5 years after the effective
date of the new Regulations.
39Repairs, Retrofits, Upgrades
- All Repairs, Retrofits and Upgrades must be made
in accordance with the new tank standards.
40Upgrades Required
- Containment Sumps
- Existing containment sumps must be tightness
tested by July 31, 2008, and replaced within a
year if they fail the test. - Sumps that are not designed to be liquid tight
must be replaced with liquid tight containment
sumps within 1 year of the effective date of the
new Regulations.
41Upgrades Required
- Double Elbow Swing Joints must be replaced with
Flexible Connectors by July 31, 2008. - A spill containment device must be installed on
all Stage I vapor recovery adaptors by Dec. 31,
2007.
42Change in Service Requirements
- An UST system that is out of service for a year
or more must be emptied of all product. - A site assessment must be completed after an UST
system is out of service for a year or more.
43Removal and Closure in Place Requirements
- It is the Owners and Operators responsibility
to submit a closure report or have it submitted
on their behalf to the Department within 60 days.
44Change in Product Requirements
- A site assessment must be completed within 30
days of the cleaning of an UST system for a
change in product stored.
45Part ERequirements for Release Reporting,
Release Investigation, Corrective Action and Site
Closure
46Part E General Changes
- Consolidation
- Spans release indication through LUST site
closure - Requirements remain consistent with existing
Regulations with some new additions
47Part E Section 1 Release Reporting Requirements
- Defines Indicated Release, abnormal operating
conditions and details reporting - Anything indicating a release must be reported to
the release hotline and TMB (regardless of who
observes it) within 24hrs - Abnormal operating conditions must be reported to
TMB within 24hrs
48Part E Section 2 Indicated Release
Investigation Requirements
- Rewrite of Part B, Section 4.01 (Initial
Response) and Part A, Section 8.04 (Leak
Investigation due to Inventory Discrepancies) of
current Regulations - Within 30 days of completion of any UST system
Repairs or release investigation, submit
documentation to TMB
49Part E Section 3 Release Response Requirements
- Rewrite of Part B, Section 4.01 with an expansion
of Free Product Removal subsection - Light Non-Aqueous Phase Liquid (LNAPL) is now
defined in Part A distinguishes between Mobile
NAPL, Free LNAPL and Residual LNAPL. Free
Product is history! - Requires development of LNAPL Conceptual Site
Model (LCSM) when LNAPL exists
50Part E Section 3 LNAPL Conceptual Site Model
- Goal is to effectively determine the optimum
corrective action methodology for sites with
LNAPL - Result Close sites and protect HHE
- Tiered type guidance in developing LCSM to follow
51LNAPL Additional Information
- http//clu-in.org/download/rtdf/napl/Decision
- Framework.pdf
- http//groundwater.api.org/lnaplguide/
52Part E Section 4 Hydrogeologic Investigation
Requirements
53Part E Section 5 Corrective Action Requirements
- Corrective Action Work Plan (CAWP) must include
design information and an estimated time frame
for cleanup completion - CAWP must be implemented within TMB approved
time-frame (v.s. 30 days) - Corrective action measures must be reviewed every
12 months for effectiveness towards achieving
cleanup goals in the proposed time-frame and
revised accordingly
54Part E Section 5 Corrective Action
Requirements (continued)
- Post-remedial monitoring is required (4 quarters
or Department approved schedule) - All data shall be reported per the Departments
specifications and will be detailed in
correspondence and/or guidance
55Part E Section 6 Site Closure Requirements
- No longer requires signature of DE PG or DE PE on
site closure report - Closure approval is based on current land use and
additional corrective action may be necessary if
land use changes in the future
56Part FFinancial Responsibility Requirements for
Underground Storage Tank Systems
57Part FSection 1
- Financial Responsibility requirements expanded to
include Hazardous Substance USTs. - Hazardous Substance USTs must show proof of FR by
January 1, 2008.
58- Part G
- Requirements for Contractor Certification
59Part G Contractor CertificationGeneral Changes
- Make Contractor requirements more specific
- Requirements remain consistent with existing and
proposed Regulations with some new additions
60Part G Section 1
- Delete Interior Lining of USTs for Companies and
Supervisors - Provide proof of Contractors Pollution Liability
Insurance in the amount of 250,000
61Part G Section 1.4
- Add standards of performance for Companies and
Supervisors - Certified contractor must report contamination
encountered while performing UST activities
62- Part H
- Requirements Governing Reimbursement for
Petroleum Contamination Site Cleanup through the
Early Compliance and Detection Incentive Program
(ECDI)
63Part HECDI Program
64What Next?
- Incorporate public comments into the draft
Regulations - Hold a second set of public workshops if the
changes are significant - Publish Proposed Regulations in the State
Register 20 days prior to the Public Hearing - After the Regulations are effective DNREC will
hold training sessions and will publish a new
Technical Guidance Manual
65Where to find information
- DNREC, Tank Management Branch
- http//www.dnrec.state.de.us/dnrec2000/Divisions/A
WM/ust/ - Delaware Information Subscription Service
- http//diss.state.de.us/DWS/public.diss
- Delaware Register of Regulations
http//regulations.delaware.gov/services/register.
shtml
66To submit comments by October 30,
2006DNRECTank Management Branch391 Lukens
DriveNew Castle, DE 19720302-395-2500jill.hall
_at_state.de.us