NYSDEC CBS Compliance Requirements Peter J. Petriccione, P.E. H2M - Water September 24, 2015
Introduction Definition of a Hazardous Substance and a Chemical Bulk Storage Facility Design Requirements of Chemical Bulk Storage Facilities Corrosion Control and Cathodic Protection Inspection and Monitoring Requirements What to Expect From a Visit From the NYSDEC Proposed Changes to Chemical Bulk Storage Regulations - UPDATE
Water Supply Chemicals Typical Regulated Chemicals NYS CBS Sodium Hydroxide Sodium Hypochlorite Fluoride Certain coagulants Exempt Chemicals Calcium hydroxide Calcium hypochlorite Sequestering agents Brine Can be regulated at the local level!!
Definition of a Hazardous Substance The New York State Department of Conservation (NYSDEC) defines a Hazardous Substance to mean any substance which (NYCRR Part 597): because of its quantity, concentration, or physical, chemical or infectious characteristics causes physical injury or illness to humans when improperly treated, stored, transported, disposed of, or otherwise managed poses a present or potential hazard to the environment when improperly treated, stored, transported, disposed of, or otherwise managed because of its toxicity or concentration within biological chains, presents a demonstrated threat to biological life cycles when released into the environment is a substance whose manufacture, processing, contribution in commerce, use, possession or disposal is banned, prohibited or limited pursuant to the federal Toxic Substances Control Act (15 U.S.C., Section 2601 et seq) as of January 1, 2008, as amended from time to time is a substance defined as a hazardous substance pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601 et seq) as of January 1, 2008, as amended from time to time The NYSDEC is revising its list of hazardous substances to be consistent with Federal Regulations.
Definition of a Chemical Bulk Storage Facility A chemical bulk storage facility is a facility storing a hazardous substance in one or more of the following ways: In an aboveground storage tank with a capacity greater than or equal to 185 gallons In an underground storage tank In a non-stationary tank used to store 2,200 lbs or more for a period of 90, or greater, consecutive days
NYSDEC INSPECTIONS Has your system been visited?
NYSDEC Inspection During an inspection, the NYSDEC will likely examine the following: * Facility Registration * Spill Prevention Report * Chemical Transfer Containment System * Fill Ports * Aboveground Storage Tanks * Aboveground Piping * Underground Storage Tanks * On-ground/Underground Piping
Keys to a Successful Inspection Cooperate Be polite Have good records Be transparent Be straight forward Good housekeeping Follow-up promptly
Violations What happens if a Notice of Violation is issued? It is not the end of the world: Follow-up and communicate with NYSDEC Request an extension for compliance if needed Be proactive Demonstrate progress Demonstrate cooperation Do not let the NOV fall into a black hole!
Follow-up Inspections Expect follow-up visits! Expect annual inspections Follow-up on correcting violations Do not repeat violations Failure to correct violations and/ or repeat violations will result in enforcement action heavy fines!
NYSDEC Inspection Facility Registration: Registration status of all tanks on site CBS certificate must be posted at the facility Registration information must be correct
Registration Certificates
NYSDEC Inspection Spill Prevention Report (SPR): Is the SPR located at the facility? Has the SPR been regularly updated, with the signed approval of the current management (annually at a minimum)? Put on 2016 calendar!!! Does the SPR have the current registration certificate and application form? Does the SPR have a log of the required inspections? Does the SPR contain the proper certifications? Does the SPR contain all the material required under Part 598 of the NYCRR?
NYSDEC Inspection Chemical Transfer Containment System: Does the facility have a transfer pad? Is it equipped with a sump and manually controlled drainage system? Is it constructed to contain an adequate volume? Is it compatible with the chemical being transferred? Is it well-maintained? Enforcement action / required installation back in 1999-2000
Transfer Containment
NYSDEC Inspection Fill Ports: Are fill ports adequately labeled? Are they maintained (free of spilled product and/or rainwater)? Are they secure? Is the overfill alarm and level gauge (AST s) visible from the fill port? Are valves for filling the tank properly labeled for open/closed position?
Remote Fill Monitoring
NYSDEC Inspection AST s (basically looking at the design requirements): Is tank properly vented? Does the tank have secondary containment? Is tank protected from corrosion? Is the tank properly labeled? Is the tank monitoring system present? Is it functioning correctly?
Design Requirements for AST s The following represent some of the important design requirements for AST s from Part 599.8 (b)(1) of the NYCRR: All tanks must be designed with a minimum of thirty (30) years of useful life unless a shorter life expectancy is defined in the spill prevention report. Steel tanks in contact with the ground must be protected by a cathodic protection system - saddles solve the CPS issue! Containment dike: Must be sized to contain 110% of the volume of the tank. Must be equipped with a sump and manually controlled pump or siphon, manually controlled dike valve, or any other manually controlled drainage system to permit the drainage of liquids resulting from leaks, spills or precipitation. NYSDEC and local health department conflict on this..local health dept does not want a valve!
AST Tank Labels 0 3 1 2 0 1 Note the MSDS.it can vary based on Chemical supplier! OX
NYSDEC Inspection Aboveground Piping: Is the piping protected from corrosion? Is the piping properly labeled? Are valve positions clearly labeled in the open/closed positions? Are valves/pumps secondarily contained (drip pan)? Is there a dry disconnect valve on the fill line? Is there a check valve on the fill line? Is the piping well maintained?
Piping O&M
Tanks and Piping O&M
NYSDEC Inspection UST s: Is the tank properly labeled? Is the tank protected against corrosion? Is the tank properly vented? Is the tank secondarily contained? Does the tank have a leak monitoring system? Is it functioning properly? Are the tank sumps/cofferdam dry?
UST Tank Label
UST Requirements Tanks must be protected from corrosion, options include: using all fiberglass tanks, cathodically protected and coated steel tanks, urethane coated tanks (ACT-100U),.does not come with CP System! fiberglass-coated and cathodically protected (STI- P3), Double walled: inner tank steel, outer tank fiberglass (Permatank)
Cathodic Protection Systems CP Systems.why is it an issue now! urethane coated tanks (ACT- 100U),.does not come with CP System! fiberglass-coated and cathodically protected (STI-P3), If your tank has a CP System you must test it! NYSDEC requires testing..local health departments do not!
Corrosion and Cathodic Protection Systems Cathodic protection - supplying energy to the tank The tank becomes the cathode The energy source is the anode The anode is wired to the tank When an electrolyte is present (water), the cathodic protection system functions Types of cathodic protection: 1.Galvanic: Uses the energy difference between metals to provide protective current 2.Impressed Current: Uses an outside power source (DC) to provide protective current 3.Both systems work in the same way they just have a different energy source
Corrosion and Cathodic Protection Systems Galvanic CP: Two Types of CP Systems Impressed Current CP: Cathodic protection systems must be tested annually, by a qualified technician, to ensure they are performing properly. The rectifier on impressed current systems must be checked monthly to ensure proper performance.
USTs are backfilled with pea gravel and if surrounding soil is free draining sand and gravel..testing is a challenge.must saturate and simulate corrosive conditions..
UST Chemical System Inspections Weekly: Monthly: Annually: Monitor tank for leaks. Run a test on your leak detection/overfill alarm system and keep a record of the test. If your system has a printer, save the printouts (make sure the date on the printout is accurate). If your system does not have a printer, keep a log of the test. Inspect vents, pressure relief devices, gauges, alarms, overfill prevention equipment, cathodic protection monitoring equipment, leak detection/alarm panel and probes. Visually inspect equipment for cleanliness, leakage, corrosion and operability. Have a cathodic protection system tested by qualified technician to ensure that adequate structure to electrolyte potential exists for corrosion protection. *If your tank is single walled, an annual tightness test needs to be performed by a qualified technician and reported to your local health department and the DEC.*
AST Chemical System Inspections Daily: Inspect for spills and leaks. Check to ensure that drain valves are closed and there are no unpermitted discharges of contaminated water or hazardous substances. Monthly: Perform release detection testing and cathodic protection system must be checked by a qualified technician (applicable for ASTs having at least 10 percent of its volume below the ground). Annually: If the tank is constructed of steel and in contact with the ground, the cathodic protection system must be inspected by a qualified technician to ensure that adequate structure to electrolyte potential exists for corrosion protection. Conduct a comprehensive inspection of the tank and system. Maintain report of inspection in files for minimum of five (5) years. Refer to Part 598.7 (c) of the New York State DEC Environmental Conservation Law. Cont.
AST Chemical System Inspections Five-Year Inspection: Inspect the aboveground piping system and aboveground tanks. System must be tightness tested, tested for structural soundness (ultrasonic thickness tested), corrosion, wear, foundation weakness and operability. Inspection must be performed by a qualified technician. Inspection must meet or exceed the minimum requirements developed by the Steel Tank Institute Standard for Shop Fabricated Aboveground Storage Tanks and NYSDEC requirements promulgated under 6 NYCRR Part 598.7(d).
NYSDEC Inspection Underground/On-ground Piping: Is the piping secondarily contained? Is the piping protected from corrosion? Does the piping have a leak detection system? Is it operable? Is the piping sloped and operated to remove liquids resulting from leaks/spills, precipitation? Is piping in tank sumps/cofferdams properly protected from corrosion? Does pressurized piping have an automatic line leak detector?
UST in a cofferdam
Important Concepts. Be proactive Be organized Stay on top of inspections and testing Stay on top of maintenance Update SPRs Follow-up on any and all violations! Avoid repeat violations
Proposed Changes Phase I: Increase consistency between state and federal regulations. No impact to water suppliers. Phase II: Requires operator training for CBS facilities with at least 1 UST Class A, B and C operators - training and testing requirements (in-person or on-line) Training within 1 year after adoption of regulations (expected October 2015) Delivery prohibition (Tier 1 vs. Tier 2) Add l info: www.epa.gov/oust/fedlaws/optraing.htm Add l info: http://www.dec.ny.gov/regulations/98151.html
Questions?