RHODE ISLAND New England Storage Tanks Conference Westborough, MA. Joe Cunningham Jillian Thompson

Transcription

1 RHODE ISLAND DEM 2016 New England Storage Tanks Conference Westborough, MA Joe Cunningham Jillian Thompson 10/5/2016 RI DEM 1

2 Single-Wall Tank Deadline Per Rule 8.04 of the State of RI UST Regulations enacted June 2005, revised April 2011: 8.04 Mandatory Deadline for Permanent Closure of Single-Walled UST Systems (Tanks and/or Piping): All existing tank and product pipeline and associated systems without secondary containment shall be permanently closed as follows: (A) Single-walled tanks and/or piping installed prior to May 8 th, 1985 shall be permanently closed by December 22 nd, 2017 (B) Single-walled tanks and/or piping installed between May 8 th, 1985 and July 20, 1992 shall be permanently closed within 32 years of the date of installation. Applies to ALL single-walled USTs/lines, including fiberglass and buffide! No plans to extend or give waivers Temporary closure or taking out of service is not an alternative to permanent closure Deadline became law in June 2005 SW USTs and lines represent overwhelming majority of new LUST cases If owner/operator fails to remove and permanently close SW components by the deadline, facility is in violation of RI UST Regs and subject to enforcement action and administrative penalties 10/5/2016 RI DEM 2

3 Compliance Inspections Explained DEM performs approximately: 25 compliance inspections per month 16 closure inspections per month 1 installation inspection per month All inspections 100% electronic since 2014 Compliance inspections on average once every 2 years Average compliance rate is ~60% Most commonly observed problems: C operator is not trained properly Liquid in spill buckets or sump Components not tested on required schedule Failure to notify DEM of failed tests Inventory Reconciliation Errors with Monthly A/B operator inspections and checklists Failure to notify DEM of changes to operator, owner, A/B operator 10/5/2016 RI DEM 3

4 Compliance Recommendations: Owners/Operators: Ensure your 3 rd party Class A/B operator is performing duties as required owner is still the ultimate responsible party! Check spill buckets after every delivery Keep packed gravel/peastone area around sumps clean and routinely remove sediment this is often what causes water in sumps Know your system and it s testing requirements Keep records and test results organized! Remember that your compliance history impacts financial responsibility requirements and qualification for LUST reimbursement A/B Operators Know when to give up on a site/owner Must notify DEM whenever there is a significant change in facility status

5 Inspection History Inspections: 2015 vs /1/ /30/ /1/ /30/2016 Total Inspections Performed: Number of Non-Compliant Sites: Compliance Rate: 76.5% 47.1% Inspection Outcome 07/1/ /30/ /1/ /30/2016 Verbal Warning Letter of Non-Compliance 6 27 Notice of Intent to Enforce 0 5 Expedited Enforcement Citation 0 3 Immediate Action Order 0 0

6 Upcoming Focus Areas during Inspections: Interstitial Space Tightness Testing Test Result History Audits Spill Bucket & Sump Tightness Testing Class C Operator Effectiveness Knowledge of emergency response procedures Knows who to call Able to identify signs of a problem Availability of Spill Response Equipment Ensuring proper disposal of liquids from sumps and spill buckets Accuracy of submitted documents and DEM Records 10/5/2016 RI DEM 6

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8 Enforcement Process Explained Compliant UST Inspection Violations Addressed Letter of Non-Compliance Notice of Intent to Enforce Notice of Violation Penalty Assessed Expedited Enforcement Order Penalty Assessed Immediate Action Order Consent Agreement Penalty Paid & Violations addressed Superior Court Filing 10/5/2016 RI DEM 8

9 Enforcement Process Explained Expedited Enforcement Citation Added to RIGL in 2013, first use in 2016 Used to address violations that cannot be resolved through remedial action Failure to perform a required tests or skipping tests Failure to notify DEM of failed tests Failure to repair components within required timeframe Missing or incomplete inventory reconciliation or A/B operator checklists Performing significant modifications or repairs without prior approval or notification $500 per violation up to a maximum of $2,500 per citation Citation is an alternative enforcement avenue DEM may continue normal enforcement procedure of Notice of Violation NOV Penalties: Up to $25,000 per violation per day, no maximum 10/5/2016 RI DEM 9

10 General Notification Requirements Interstitial Tightness Testing (DW tanks) SW Tank/Line Tightness Testing Interstitial Tightness Testing (DW piping) Leak Monitoring Devices & Continuous Leak Monitoring System Testing Corrosion Protection System Testing Notification to DEM 7 days prior to test AND testing results (pass or fail) submitted to DEM within 15 days of test N/A N/A Failed/Inconclusive Test Tester reports failed test to DEM within 2 hours AND O/O submits Release Characterization Report to DEM within 7 days AND O/O removes UST contents within 24 hours OR schedules retest within 3 days Tester reports failed test to DEM within 2 hours AND O/O submits Release Characterization Report to DEM within 7 days of failed test AND O/O tests primary line within 3 days- if fail, out of service immediately; if pass, repair secondary line within 30 days O/O reports any failed test/ monitoring device deactivation to DEM immediately AND repair within 15 days of noted malfunction/failure. If repair can t be made in 15 days, temporarily close UST system until repair is made. Tester reports failed test to DEM within 24 hours and results submitted within 15 days AND repair within 30 days of failed test. If satisfactory repairs are not made after 30 days, UST temporarily closed. After 180 days, UST permanently closed 10/5/2016 RI DEM 10

11 General Notification Requirements Transfer of Ownership Other Changes to UST Registration Form New A/B Operator Temporary Closure Application Permanent Closure Application New Install Application Notification to DEM 30 days prior to change of ownership Within 10 days Within 30 days Within 15 days Within 10 days 4 weeks prior to proposed install date 10/5/2016 RI DEM 11

12 Class A & Class B Operator Training ICC- Rhode Island Exams- 5 years ICC- Other New England States- 5 years Any other State-approved cert.- 1 year Responsibilities include: Class C operator training- every 2 years Monthly walk-through inspections General facility compliance Record-keeping 10/5/2016 RI DEM 12

13 Class A & Class B Operator Training Successes: Third-party Training workshops & stakeholder networking Compliance improvements? Difficulties: Third-party Distant A/B operators Tracking 10/5/2016 RI DEM 13

14 Rhode Island Regulation Updates EO and APA 2018: Established the Office of Regulatory Reform and calls for the reorganization of Executive Branch regulations RI Code of Regulations (RICR): All regulations must be in the new codified system and in effect by December 31 st, /5/2016 RI DEM 14

15 Rhode Island UST Regulation Updates Draft Regulations & Stakeholder Meetings WE ARE HERE! ORR Initial Review Public Comment Final ORR Review Final Regulation Filed up to 30 days at least 30 days up to 30 days at least 20 days 10/5/2016 RI DEM 15

16 Draft UST Regulation Updates Annual UST registration online payment No inventory reconciliation requirement (DW only) Simplified release reporting Electronic report submittals for leaking tank sites Extended temporary closure Reimbursement fund regulations incorporated Sump and spill bucket tightness testing A/B operator requirement changes 10/5/2016 RI DEM 16

17 Thank you and Questions? 10/5/2016 RI DEM 17