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The ADEM has delayed publishing their 30 day and annual walkthrough forms until the first week of December due to poor quarterly meeting turnout.
The updated legislation draft was published to the ADEM website during the ADEM conference last year, however there has been no update to the legislation.
We spoke to their offices directly for an update on Alabama’s walkthrough forms and proposed regulations which include delaying sump testing, overfill testing, and release detection or EPG tanks. According to their offices, there was low attendance at the previous ADEM quarterly meeting and the commission was unable to vote on the forms and proposed regulations. Therefore, the legislation approval was delayed.
However, there was another quarterly meeting with high-attendance in October and the commission was able to approve their annual walkthrough forms and proposed regulations. Due to Alabama’s mandated 45-day waiting period between approval of legislation and implementation, the regulations will not go into effect until the first week of December. Once the legislation is in effect, the documentation will be published to the general form list.
The general form list will be published to the ADEM website here.
October 25th 2018 – 30 public hearing requests were submitted to the Minnesota Pollution Control Agency (MPCA) regarding the newest Underground Storage Tank (UST) regulations.
Our in-house Regulatory Specialist, Chrissie Rakowski submitted her own public comment and request for a hearing. Her statement is as follows:
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.
You can review our request in addition to the 29 others here: https://www.pca.state.mn.us/sites/default/files/ust-rule1-09.pdf
Overview: The EPA has determined that the State of Utah’s UST program meets all requirements for the program’s approval and will go into effect on January 4th, 2019. The rule is subject to withdraw by the EPA prior to December 5, 2018 if implications arise.
The program approval by the EPA means that now all Utah UST systems must be ‘equivalent to, consistent with, and no less stringent than the federal UST program’. Because of the update to the EPA’s federal guidelines, states are required to revise their programs to comply with the federal guidelines and submit their revisions to the EPA for approval. This program approval does not impose additional requirements since these requirements were already in effect in Utah. However, it does make these regulations federally enforceable.
For a full list of questions and responses by the Government Publishing Office, click here.
For a full list of Utah state requirements, click here.
In Fenton, Michigan lied the old Fairbanks gas station that was once a Marathon. It had been in the Fairbanks family for over 55 years when the station closed down in 2003 and was finally demolished in early October 2018.
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
Alabama’s Department of Environmental Management (ADEM) has Proposed to Extend the Current October 13th Testing Requirements Deadline to 2020.
If the proposal is accepted, current UST owners and operators have ‘more time to prepare their equipment to meet these testing requirements and correction of typographical errors.’ You can find the proposal document summary here.
The ADEM’s Summary of Reasons Supporting the Adoption of the Proposed Amendments Chapter 335-6-16 Administrative Guidelines and Procedures for the Alabama Underground and Aboveground Storage Tank Trust Fund.
“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.“
In other words, the ADEM has proposed a delay in order to ensure that the Trust Fund has resources prepared, without delay, in the event that there is contamination found on-site. ADEM fears that the state may not have enough resources prepared for an emergency by the October 13th deadline which could result “in the continuation and intensification of the threat to public health, safety, and welfare” in addition to higher overall containment and contamination costs and environmental damages.
Secondly, there are additional proposed changes to Alabama’s Division 6 Land Division.
This proposal suggests the following: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.
According to these proposed changes, they also want to extend the October 13th, 2018 deadline to December 8th, 2020 in order to provide UST owners and operators “more time to prepare their equipment to meet these testing requirements.”
There was a hearing on these proposed changes on September 5th, 2018 and we will continue to monitor ADEM’s website for updates.
If you would like to remain informed on all of the latest regulation changes, please contact us using the contact form on our website.
A Quick Summary of the Legal Changes:
The Florida Department of Environmental Protection (FDEP) published the new changes on August 27th, 2018 based on the June 20th Rule Development Workshops. The new law states that “Any visual inspection of any part of a storage tank system, dispenser, pipe, valve, pump, or other wetted portion of the system containing regulated substances that reveals uncontrolled pitting corrosion, structural damage, leakage, or other similar problems”. In other words, the FDEP has specifically included “pitting corrosion” as an incident under 62-761.430.What Does that Mean for You and Why Does this Matter Right Now?
For our present and future Florida clients who no longer inspect the inside of their sumps, owners are now required to report pitting corrosion as an incident and investigate it. If pitting corrosion is identified within the sump, the owner is responsible for the repairs.How Can You Prevent Additional Overhead Costs?
Thankfully, our team is prepared to handle any potential sump corrosion. Out team uses the Zerust (https://www.zerust.com/) product to fix corrosion issues, reducing overhead costs, and enhancing overall customer experience. We foresee this ruling change becoming an issue if sumps are not inspected for pitting corrosion. Our inspectors provides a 5-day notice of an inspection between our sump inspections. When the inspector opens the sumps, there could be an incident for pump head and other components that are pitting from the corrosion. Consequently, a NCL could be issued and the client would have 14 days to have it resolved under the new law.For Further Reading Taken from the FDEP Website:
Chapter 62-761, Florida Administrative Code (F.A.C.):
- Chapter 62-761, F.A.C., August 2018 Coded Draft Rules to be Amended
- Form 62-761.900(2) Storage Tank Facility Registration Form August 2018
- Form 62-761.900(3) Financial Mechanisms for Storage Tanks August 2018
- Instructions for Conducting Sampling During Underground Storage Tank Closure, August 2018
Chapter 62-762, F.A.C., August 2018 Coded Draft Rules to be Amended
- Form 62-762.901(2) Storage Tank Facility Registration Form August 2018
- Instructions for Conducting Sampling During Aboveground Storage Tank Closure, August 2018
California air regulators approved a cut to carbon pollution from gasoline and diesel fuels. This will force oil producers to reduce the amount of carbon generated by transportation fuels in the state. This rule was added in 2009 but many oil and gas companies protested, and were able to keep it at bay until recently. Oregon is the only other state with a carbon fuel standard like California’s. This new ruling is now projecting that fuel cost could possibly rise 13 cents per gallon by the year 2020.
http://www.nytimes.com/2015/09/26/us/california-board-backs-new-limits-on-carbon-from-gas-and-diesel.html?ref=topics&_r=0
In Lansing, Michigan, two insurance agents have pleaded guilty to selling fake insurance certificates for Underground Storage Tanks in the region.
The two men have pleaded guilty to federal charges of falsifying a document with intent to impede, obstruct, or influence. The actions took place over a two-year period, was spread out over 30 different cities, and earned them about $500 per falsified certificate, and they face up to 20 years in prison.
They produced these fake certificates so that tank owners could claim compliance with regulation, even though these owners have tanks that could not be insured due to age or condition.
The offending gas stations have been shut down until they can obtain a real policy.
Brent Oil fell another $2, falling below $58 per barrel. Until recently, it was large quantities of American crude oil, coupled with Saudi Arabia’s decision not to cut production, that led to the current price drop. But the International Energy Agency cut the forecasted 2015 demand for oil, which sent oil’s price even lower.
There is no impending news that might signal a reversal, so analysts are thinking oil could drop below $50/gallon.
The boredom facing customers while waiting for their tanks to fill is a problem faced by all gas stations, except one. The SavOn in Canastota, NY has installed slot machines in their store.
Not only is this a great tool for creating buzz around the station, it’s a great money-making tool. Finally! People are excited to fill up at the station!
To see if you qualify for slot machines in your convenience mart, see your local gaming commission.