Tag! You re It! How to determine USTs Responsible Parties. Patty Perrine WVDEP/DLR/OER Interim Program Manager September 2014

Transcription

1 Tag! You re It! How to determine USTs Responsible Parties Patty Perrine WVDEP/DLR/OER Interim Program Manager September 2014

2 UST History 1870 Standard Oil Co. Organized. Cornered 90% of petro market until First Gas Station 1909 Standard Oil of NJ dissolved into 37 separate companies 1910 A few scattered Gas stations 1913 First paved highway 1916 Gas Stations everywhere 1941: (December) US enters WWII 1944 First Federal Aid Highway Act signed authorizing Interstate system 1956: New Federal Aid Highway Act signed. Original 40,000 mile portion of the interstate completed s: Gas station construction boom 1960s: 553,000 U.S. troops in Vietnam : Operation Rolling Thunder, American sustained bombing campaign of N. Vietnam 1970s: Fuel Shortage caused many stations to close while U.S. sustains involvement in Vietnam War Pre 1985: Almost all USTs and piping constructed of bare steel, when they leaked, they were often left in the ground and a new tank installed nearby. 11/8/1985: 40CFR280 becomes effective 12/2/1998: Upgrade deadline for existing USTs

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4 Numbers of Autos Increase 1888 First Auto sold 1892 First American Vehicle 1900: 8000 Autos in the US 1901: 14,800 Autos in the US 1902: Vehicle Assembly Line 1908: First Model T Ford 1911: 667,000 Autos in the US 1920: 8.5 Million Autos in the US Today: Over 200 million

5 What is a regulated UST? Underground storage tank or UST means any one or combination of tanks (including underground pipes connected thereto) that is used to contain an accumulation of regulated substances, and the volume of which (including the volume of underground pipes connected thereto) is 10 percent or more beneath the surface of the ground. This term does not include any:

6 Exempt tanks (a) Farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; (b) Tank used for storing heating oil for consumptive use on the premises where stored; (c) Septic tank; (d) Pipeline facility (including gathering lines) regulated under: (1) The Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1671, et seq.), or (2) The Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2001, et seq.), or (3) Which is an intrastate pipeline facility regulated under state laws comparable to the provisions of the law referred to in paragraph (d)(1) or (d)(2) of this definition;

7 Exemptions Continued (e) Surface impoundment, pit, pond, or lagoon; (f) Storm-water or wastewater collection system; (g) Flow-through process tank; (h) Liquid trap or associated gathering lines directly related to oil or gas production and gathering operations; or (i) Storage tank situated in an underground area (such as a basement, cellar, mine working, drift, shaft, or tunnel) if the storage tank is situated upon or above the surface of the floor. The term underground storage tank or UST does not include any pipes connected to any tank which is described in paragraphs (a) through (i) of this definition.

8 Summary Regulated UST are: Tanks with 10% or more of tank and piping volume underground Contained a regulated substance Includes underground piping UST System includes tanks Connected underground piping underground ancillary equipment containment systems Regulated USTs are NOT: Farm or residential tank of 1,100 gallons or less used for noncommercial purposes heating oil tanks used on-site Septic Tanks Pipeline facilities regulated under certain other laws Surface impoundment, pit, pond, or lagoon; Storm-water or wastewater collection system; Flow-through process tank; O&G production Liquid trap and gathering lines Tanks located in an underground vault or basement where the tank is above the surface of a floor.

9 Who Identifies Regulated USTs? All USTs are regulated, but not all fall under the authority of WVDEP/DWWM/EE/UST. Authority for underground tanks varies depending on whether they are regulated USTs (40CFR280), and depending on what they contain. Leaks from tanks that don t fall under the UST regulations are the responsibility of WVDEP Environmental Enforcement. It is up to the WVDEP UST section to determine if an existing tank falls under their jurisdiction.

10 What if an abandoned tank is found? Notify WVDEP- UST Section Provide as much information as you know about the site Dimensions of tank Depth and description of contents Landowner Site history, potential RPs Notify WVDEP OER IF contamination is discovered Report the contamination to the emergency spill hotline

11 WVDEP UST Staff

12 What if an abandoned tank is found? WVDEP-UST Responsibility Determines if it is a regulated tank If so, determines responsible party (RP) Notifies RP of responsibility to remove the tank OR refers the tank to OER for State Fund removal OER Responsibility Notifies UST of the discovery of the tank If UST refers the tank to OER Complete UST Notification Form When funds are available and if it poses a threat, notify UST section of intent to remove tanks Ensure closure report is completed and submitted to UST.

13 What is a LUST? Leaking Underground Storage Tank A LUST includes: Leaks directly from UST system Tanks Piping Ancillary equipment Dispensers Overfills during delivery to the tank Customer Overfills Customer Drive-offs Any release from the UST system A LUST does not include: A release directly from the tanker delivering product Leaking delivery hoses Leaking truck tanks Leaks directly from customer vehicles Leaks from ASTs Any release that does not originate from the on-site UST system Leaks that do not fall under LUST are covered by other environmental enforcement programs.

14 So Who is It? (The RP, that is) 40CFR Definitions

15 So, you are It if: You owned and operated a gas station and/or USTs before 11/8/84 You purchased a company that is the RP for USTs. You own, operated, purchased or were given property that contained a gas station and/or USTs that were operated after 11/8/84, regardless of your knowledge of their existence.

16 How to Find RPs Start with interviewing local people to get an idea of when the station operated and who may have owned and/or operated the USTs when they were last used Do a deed search to trace the property ownership back to when you know the first station operated on the site. If not known, go all the way back until you find an RP or you reach 1905 Cross reference past property owners to Grantee/Grantor books to see if there are any lease agreements with any oil companies

17 Finding RPs continued Track company ownership through to current owner

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19 Grantee and Grantor Indexes Search both the Grantee and Grantor Indexes for the names of past property owners Get a copy of any lease agreement that you find and provide that information to WVDEP for determination of responsibility DEP has an index of leases and deeds for major oil companies for the Barbour, Harrison, Lewis, Marion, Nicholas, Taylor, and Upshur counties

20 Example Lease Agreement for Tanks

21 Who is IT? Lessor Esso Standard Oil Company Leases to Cavaliers the land together with all buildings, improvements and equipment Includes 4 40-Bbl. tanks Lessee Cavaliers Operating the station Pays rent to Esso Esso is the tank owner and is therefore the RP if an abandoned tank is discovered. *Operator could also be responsible if contamination is found.

22 Another Example Lease Agreement

23 Who is IT? Company Norfolk & Western Railway Leases land to Licensee Allows use and maintenance of 4 USTs Licensee Larry and Linda Brewster d/b/a Johnboys Drive In Owns the station and equipment Operates the station Pays rent to Company Mr. and Mrs. Brewster are the tank owners and also the operators, and are therefore the RPs for the tanks and leaks. N&W is not It.

24 Research Resources Black Book Online

25 Resources cont EPA PRP Search Manual

26 Resources, cont Social networking sites Facebook -- My Space Twitter --Xing Linked In --ecademy ryze Online people searches Google search Google Earth historical maps Historical photographs Polk directories Sanborn Fire Maps

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28 Resources cont Regional Associations Information Network Midwest Environmental Enforcement Assoc. Northeast Environmental Enforcement Project Southern Environmental Enforcement Network Western States Project This site requires that you apply for an account

29 From ASTSWMO presentation 2013 Author: Nina Kondos, Arizona DEQ, Office of Administrative Counsel, Strategic Enforcement Unit

30 Resources cont LexisNexis (must pay for this service) Securities and Exchange Commission (SEC) OTIS-Online Tracking Information System ECHO-Enforcement and Compliance Online Secretary of State WV Weights and Measures

31 Resources Cont.. Online public records Deeds, taxes, birth, death, etc. Social Security Death Master File

32 Tracking What You Find Suggested Form from WVDEP

33 Conclusion The history of the U.S., automobile and gasoline industries and interstate construction play a major role in the current state of abandoned gas stations and USTs. The magic date is 11/8/1984 unless there is a lease agreement, bill of sale or other proof of ownership Many USTs that predate 1984 still have viable responsible parties (Exxon, Chevron, etc) There are many resources for RP searches Keep good notes to support your conclusions

34 Questions???? Contact information for Patty Perrine