The proposed rule adversely affects the regulated community of tank owners by limiting their options and potentially increasing the cost of the work to be done, while giving preferential treatment unnecessarily to tank testers contrary to industry standards and the EPA rule. There is nothing that states in either the PEI RP-900, or the EPA’s 40 CFR that annual walkthroughs require an agency-certified tester to conduct annual walkthroughs of spill containment and sumps, thereby limiting business at the expense of inspection and maintenance companies, consultants, and experts in the industry while requiring testers to go beyond scope of practice. Industry professionals are certified A/B in multiple states and are knowledgeable of UST regulations, have degrees or years of experience in the field, and can carry ICC certification.
A petroleum leak was first found at the station’s Underground Storage Tank (UST) site in 2015 after a follow-up investigation years after the station’s closure in 2003. According to investigators and the Tri-County Times press release, the contents in the UST taken after the initial investigation surpassed the Department of Licensing and Regulatory Affairs (LARA) limits.
The investigation showed the surrounding soil and groundwater was contaminated and had migrated off-site. The settlement agreement concluded in May 2018 with the landowner responsible for resolving the cleanup obligations. Also, the agreement allowed the DEQ to initiate site cleanup and work began in September 2018.
Clean-up and restoration activities include removal of the UST’s and contaminated soil and asbestos building materials. In addition to removal, sheet piling will be installed to ensure that the excavation efforts do not damage roadways or pavement. The total removal, cleanup, and demolition will total $595,000. Once cleanup efforts conclude, the site will continue to be monitored for leak detection and soil contamination for a year after excavation. Once their initial investigation concludes, the DEQ will create a report documenting the release available in January 2019.Sources: https://www.tctimes.com/news/deq-cleaning-up-leak-at-old-fairbanks-gas-station/article_bf9ef8c2-dec7-11e8-a096-f70ddb84fe93.html http://lindenmi.us/index.php/news/216-remediation-at-former-fairbanks-marathon.html
“A revision to ADEM Admin. Code Chapter 335-6-16 is being proposed to implement an adjustment to the Trust Fund scope of coverage as recommended by the Alabama Underground and Aboveground Storage Tank Trust Fund Management Board in accordance with the Alabama Underground and Aboveground Storage Tank Trust Fund Act, §§ 22-36-1 through 22-36-13, Code of Alabama 1975, as amended (2009 Regular Session). The Alabama Underground and Aboveground Storage Tank Trust Fund Management Board has recommended a change to the Trust Fund scope of coverage to ensure that necessary resources are available to perform required actions at sites impacted by releases of motor fuels. Adoption of the proposed changes will enable the Trust Fund to continue to fulfill its legislative mandate that adequate financial resources be readily available to provide for the expeditious supply of safe and potable water to affected persons and to provide a means for investigation and clean-up at contamination sites without delay. Without adequate resources, delays in response actions can result in the continuation and intensification of the threat to the public health, safety, and welfare, in greater damages to the environment, and in significantly higher costs to contain and remove the contamination. The proposed change is as follows: Rule 335-6-16-.09 “Scope of Tank Trust Fund Coverage” is being amended to increase the indemnification limit for a release from $1.5 million to $1.75 million per occurrence, less the applicable deductible.“
Revisions to the Division 6 Code are being proposed to amend the implementation date for new testing requirements to allow UST owners and operators more time to prepare their equipment to meet these testing requirements and correction of typographical errors. The phrase [effective date of rule] has been replaced with December 8, 2017 throughout the document. Additionally, a typo in a rule referenced in rule 335‐6‐15‐.18 has been fixed. Rule 335‐6‐15‐.03 “Applicability” contains the definitions of which UST systems are included under the regulations and which are exempt or partially exempt. Revisions are being proposed to this rule to change deadline for UST systems storing fuel solely for emergency power generation to meet release detection requirements from October 13, 2018 to December 8, 2020. Rule 335‐6 15‐.09 “Operation, Maintenance, and Testing or Inspection of Spill and Overfill Prevention Equipment and Containment Systems; and Walkthrough Inspections” contains the requirements for operation and maintenance of key UST system components, including containment sumps and overfill prevention devices. Revisions are being proposed to this rule to change the deadline for testing of containment sumps and overfill prevention devices from October 13, 2018 to December 8, 2020. Rule 335‐6‐15‐.14 “General Release Detection Requirements for All UST Systems” contains the requirements for release detection for all underground tanks and piping. Revisions to this rule are being proposed alongside the revisions proposed in 335‐615‐.03 to change deadline for UST systems storing fuel solely for emergency power generation to meet release detection requirements from October 13, 2018 to December 8, 2020.