Alabama Air and Waste Regulatory Update

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1 Alabama Air and Waste Regulatory Update September 24, 2015 RSA Activity Center Montgomery, AL New Federal UST Regulations (Effective Date October 13, 2015) What Does This Mean To Me? The Current ADEM Regulations Remain in Effect in Alabama Beyond October 13, 2015 until ADEM Revises its UST Regulations. ADEM Must Revise its UST Regulations Within 3 Years to be no less stringent than the Federal Regulations and Seek State Program Approval. 1

2 ADEM Has Already Implemented Several Of The New Federal Rules Operator Training Secondary Containment Spill Basin Testing Every Three Years So What Rule Changes Does ADEM Have to Make? Operator Inspections Annual Release Detection Testing Testing After Repairs 3-Year Overfill Device Inspections and Sump Testing Release Detection Required for All Emergency Power Generation USTs Ball Float Overfill Devices No Longer Allowed on New USTs and Replacements Compatibility Demonstration 2

3 New Requirement Monthly Walkthrough Inspections Spill Prevention Equipment Release Detection Equipment Begins When ADEM UST Rule Changes Specify Keep Records One Year New Requirement Annual Release Detection Equipment Tests Automatic Tank Gauge Systems and Other Controllers Probes and Sensors Automatic Line Leak Detectors Vacuum Pumps and Pressure Gauges Hand Held Electronic Sampling Equipment Associated with Vapor and Groundwater Monitoring Keep Records Three Years 3

4 New Requirement Testing After Repairs Overfill Prevention Equipment Inspections Secondary Containment Testing if Used for Interstitial Monitoring Keep Records for Life of UST System Begins When ADEM Rules Changed ADEM Already Requires Testing After Repairs Tank and Piping Spill Basins CP Systems 4

5 New Requirement Three Year Inspections and Testing Inspect Overfill Prevention Equipment Test Containment Sumps Used for Interstitial Monitoring Keep Records Three Years Inspections and Testing Resources ADEM O&M Manual PEI RP900 PEI RP

6 Release Detection for Emergency Power Generator USTs Used Solely for Emergency Power Generation No Longer Deferred from Release Detection (Three Year Grace Period) Will be Subject to all UST Requirements Additional Requirements Overfill Prevention Eliminates Vent Flow Restrictors as Overfill Prevention Option New USTs, and When Overfill Prevention Device is Replaced on Existing USTs Begins When ADEM Rules Changed 6

7 Additional Requirements Compatibility Notification if > 10% ethanol or 20% biodiesel Demonstrate Compatibility Record Keeping New Definitions of Regulated Substance & Motor Fuel Begins When ADEM Rules Changed Compatibility Notification Requirement Notification if > 10% ethanol or 20% biodiesel Notify 30 Days Prior to Switching 7

8 Compatibility Compatibility Demonstration Requirement Equipment and Components Certified or Listed by Nationally Recognized, Independent Testing Laboratory (UL) Equipment or Components Approved by Manufacturer to be Compatible ADEM Admin. Code r API RP 1626 Compatibility Record Keeping Equipment and Components Related to: Tank and Piping Containment Sumps Pumping Equipment Release Detection Equipment Spill and Overfill Prevention Equipment Keep Records for as Long as the UST System is Used to Store >10% Ethanol or >20% Biodiesel 8

9 Definitions and Compatibility New Definition of Regulated Substance Clarifies that Petroleum Derived from Non-crude Oil Products are Regulated New Definition of Motor Fuel Complex Blend of Hydrocarbons Regulated Substance Definition Any substance defined in section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 (but not including any substance regulated as a hazardous waste under subtitle C), and 9

10 Regulated Substance Definition Petroleum, including crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute). Includes but is not limited to petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils. Motor Fuel Definition A complex blend of hydrocarbons typically used in the operation of a motor engine, such as motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any blend containing one or more of these substances (for example: motor gasoline blended with alcohol). 10

11 Monthly Walkthrough Inspections Spill Prevention Equipment Damage? Remove liquid & debris Remove Obstructions in Fill Pipe Fill Cap Tight? Leak in Interstitial Area if Double Wall? (Exception if Deliveries Received at Intervals Greater Than 30 Days prior to each delivery ) Monthly Walkthrough Inspections Release Detection Equipment Alarms? Unusual Operating Conditions? Records Reviewed? Records Current? 11

12 Unusual Operating Conditions (b) Erratic Behavior of Product Dispensing Equipment Sudden Loss of Product from UST System Unexplained Presence of Water in Tank Liquid Not Used for Release Detection in Interstice, Alarm, Secondary Containment Test Fail (Coming) Report Suspected Release in 24 Hours and Follow Procedures in Annual Walkthrough Inspections Containment Sumps Damaged? Leaks to Containment Area? Releases to Environment? Remove Liquid & Debris Leak in Interstitial Area if Double Wall w/ Interstitial Monitoring? 12

13 Annual Walkthrough Inspections Hand Held Release Detection Equipment Groundwater Bailers Tank Gauge Sticks Operability and Serviceability Record Keeping - Walkthrough Inspections List of each area checked Whether each area was acceptable or needed action Description of actions taken Delivery records if spill basins checked less frequently than 30 days 13

14 3-Year Overfill Prevention Equipment Inspections Remove and Inspect to Ensure Operating Properly Measure Position of Device in Tank to Ensure Activation at Appropriate Level Keep Records Three Years 3-Year Secondary Containment Tests Includes: Submersed Pump Sumps Under Dispenser Containment Transition or Intermediate Sumps 14

15 3-Year Secondary Containment Tests Required if: Used for Interstitial Monitoring After a Repair In Response to Suspected Release 3-Year Secondary Containment Tests Not Required if: Containment Sump Not Used for Interstitial Monitoring Double Walled Containment Sump is Monitored Annually (Walkthrough Inspection) Vacuum, Pressure, or Liquid Integrity Indicator Checked and Documented 15

16 3-Year Secondary Containment Tests Vacuum, Pressure, or Liquid Method 3 Year Record Keeping Requirement Must Keep Record that Sumps are Double Wall if Interstitial Monitoring is used and Sumps Not Tested Automatic Tank Gauges and Other Controllers Test Alarm Verify System Configuration Test Battery Back-up 16

17 Probes and Sensors Inspect for Residual Build-up Ensure Floats Move Freely Ensure Shaft is not Damaged Ensure Cables are Free of Kinks and Breaks Test Alarm Operation and Communication with Controller Automatic Line Leak Detector Mechanical and Electronic Simulate Leak Which Determines Capability to Detect a Leak 3.0 gph at 10 psi Within 1 Hour 17

18 Other Release Detection Equipment Testing Vacuum Pumps and Pressure Gauges Ensure Proper Communication with Sensors and Controller Vapor and Groundwater Monitoring Ensure Handheld Electronic Equipment Operates Properly Annual Release Detection Equipment Testing Records Must List Each Component Tested Indicates Whether Component Meets Criteria Listed or Needs Action Describes Action Taken Keep Records for 3 Years 18

19 Emergency Power Generator USTs Release Detection Required Upon Installation if Installed After October 13, 2015 Release Detection Required Within 3 Years if Installed On or Before October 13, 2015 Interstitial Monitoring Required if Installed On or After April 11, 2016 Alabama Has Already Implemented Several Of The New Federal Rules Internally Lined USTs (ADEM allowed addition of cathodic protection before January 16, 2013.) Internal Liners May be used for Purposes Other Than Corrosion Protection Compatibility Secondary Containment Repairs 19

20 Additional Requirements Internal Linings as Sole Method of Corrosion Protection Internal Linings that Fail Periodic Lining Inspection and Cannot be Repaired Must be Permanently Closed May Continue to be Used if Liner can be Repaired or if Pass Periodic Inspections Permanent Closure Not Required if Cathodic Protection Added Prior to Questions? Contact Lee Davis, Chief UST Compliance Section

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