Virginia s UST Compliance Program VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY

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1 Virginia s UST Cmpliance Prgram BET TY LAMP OFFICE OF SPILL RESPONSE AND REMEDIATION VIRGINIA DEQ

2 Revised Federal UST Regulatin Published in the July 15, 2015 Federal Register Effective Octber 13, 2015

3 Majr Changes Scpe/Applicability Release Detectin fr emergency generatr tanks systems Regulatin f Airprt hydrant fuel distributin systems (special requirements) Upgrades Tanks with Internal Liners that cannt be repaired must clse

4 Majr Changes Secndary Cntainment Secndary Cntainment fr new/replaced tanks and piping Under-dispenser cntainment fr new dispenser installatins and replacements

5 Majr Changes Testing and Inspectins Testing f secndary cntainment sumps used fr interstitial mnitring and spill buckets Functinality inspectins f verfill preventin devices Mnthly walk-thrugh inspectins Annual inspectin/testing f release detectin equipment

6 Majr Changes Ntificatins and Training Ntificatin frm required within 30 days f UST system acquisitin Advance ntificatin f certain bifuel strage Operatr Training required

7 Majr Changes Effective Dates Range frm Octber 2015 t Octber 2018.

8 Changes already in Effect in VA The Energy Plicy Act f 2005 required states t put in place certain f these amendments by an earlier date. Virginia amended its UST Technical Regulatin, effective September 15, 2010 t require the fllwing:

9 Changes Already in Effect in VA Release detectin fr Emergency Generatr tanks installed after 9/15/2010 Secndary cntainment fr tanks and piping installed after 9/15/2010 Under-dispenser cntainment fr new dispensers installed after 9/15/2010 Operatr Training

10 Changes t Cme Airprt Hydrant Fueling Systems jin the fld (we dn t have any currently) as well as field cnstructed tanks Tanks with internal liners that cannt be repaired must clse Advance ntificatin f certain bifuel strage

11 Changes t Cme Testing f secndary cntainment sumps Overfill device inspectins Mnthly walk-thrugh inspectins Annual inspectins f cntainment devices

12 Ptential Changes t Cme Operatr training mdificatins Emergency Generatr tanks release detectin (nt just nes installed after 9/2010)

13 Next Steps

14 What s Next?- Regulatry Amendment DEQ is currently drafting amendments t the UST Technical Regulatin (9 VAC ) t cnfrm t Federal Requirements nly Final Exempt Regulatin prcess applies Expedited regulatry prcess N regulatry advisry panel N executive ffice review Prcess takes apprx. three mnths frm final draft t final regulatin New Regulatin may be effective by Summer f 2017

15 Regulatry Prcess Develp Final Exempt regulatin (Immediate Final Rule) Agenda review OAG certifies regulatry amendment meets exemptin criteria under the APA Exempt Final Rule regulatin presented t bard and adpted Publish regulatin in Va. Register Regulatin becmes effective 30 days after publicatin

16 What s Next? - State Prgram Apprval Prcess thrugh which Virginia btains the authrity t perate its wn UST prgram in lieu f the federal ne. Original prgram apprval btained in DEQ will reapply fr Prgram Apprval cncurrent with regulatry amendment prcess.

17 What s Next? - State Prgram Apprval End Result: Virginia DEQ cntinues t implement its wn UST regulatins in Virginia.

18 What des this mean fr yu? What it desn t mean: EPA will never inspect yu. What it des mean: EPA will use Virginia s regulatins t evaluate cmpliance with UST requirements.

19 What s Next - Outreach DEQ will be reaching ut t tank wners and peratrs with infrmatin n the changes t Virginia s regulatin. Stay tuned.

20 Virginia s Cmpliance Prgram

21 Virginia s UST Prgram (a few facts and figures) The Department f Envirnmental Quality (r DEQ) is actually the implementing agency fr the State Water Cntrl Bard (amng thers). DEQ regulates >5900 active UST Facilities with: >2,900 UST Owners >18,000 active USTs

22 Cmpliance Rates 80 Cmpliance Percentages Cmpliance Percentages FY6 FY7 FY8 FY9 FY10 FY11 FY12 FY13 FY14 FY15 Fiscal Year

23 DEQ Cmpliance Tls 3 year inspectin cycle Mbile Inspectin Prgram Increased efficiencies Increased pprtunities fr utreach and cmpliance assistance Cmpliance Assistance and Outreach

24 Cmpliance/Enfrcement Prcess Cmpliance Enfrcement Request fr Cmpliance Actin (RCA) Warning Letter Ntice f Vilatin

25 Enfrcement Tls Designed fr: Measured, cnsistent respnse t address nncmpliance and level the playing field Orders with Penalties (cnsent and unilateral) Delivery Prhibitin (Red tag) Tagging nncmpliant tanks Curt Actin

26 Delivery Prhibitin Prhibits delivery t tanks deemed nncmpliant by DEQ Tags remain n tank until returned t cmpliance. Bth tank wner and delivery cmpany liable fr delivering t tagged tank. List f red-tagged Facilities published n DEQ s website Increased inspectin frequency

27 Number f Releases Cmpliance Rates Why shuld we care? 350 Cmpliance Rates (%) vs. Number f Releases

28 Cleanup Csts Cmpliance Rates Why shuld we care? Trends - Average Cleanup Cst Per Site versus Cmpliance Rates (%) $35, $35, $34, $34, $33, $33, $32,500 FY10 FY11 FY12 FY13 FY14 FY15 Fiscal Year 0

29 Why shuld yu care? Pr cmpliance may lead t increased chance f a petrleum release Envirnmental harm Ptential injury t thers Out f pcket csts Business disruptins Increased DEQ Scrutiny Litigius Neighbrs Bad press

30 Questins? Betty Lamp Office f Spill Respnse and Remediatin Virginia Department f Envirnmental Quality (804) betty.lamp@deq.virginia.gv

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