WV Underground Storage Tank Program Update · WV Underground Storage Tank Program Update Ruth M....

WV Underground Storage Tank Program Update

Ruth M. Porter, Tanks Program Manager

May 18, 2017

General UST Information

• UST Prevention (Tanks Program)

– Division of Water and Waste Management/Environmental Enforcement

• Remediation (OER)

– Division of Land Restoration/Office of Environmental Remediation

General UST Information

• OER (Remediation)

– Leaking USTS

– Leaking ASTs

–Voluntary Remediation

–Brownfields

– Emergency Response

General UST Information

• Tanks Program (Prevention)–Registrations

– Invoicing

– Inspections (AST & UST)

– Installs & Closures

–Compliance Assistance

–UST Worker Certification Program

– Emergency Response & Complaints

– Enforcement Orders

General UST Information

• ~1500 UST facilities in WV

–Mostly retail fuel stations

–~4200 USTs

– Surpassed 3 year inspection frequency during last grant cycle (Sept. 2013- Sept. 2016) by a little over ~350 inspections

– Significant Operational Compliance (SOC) numbers continue to increase

General UST Information

7785 80 84 88 85 90

0

10

20

30

40

50

60

70

80

90

100

Release Prevention

National Average84.6%

General UST Information

7080

7484 86 85 86

0

10

20

30

40

50

60

70

80

90

100

Release Detection

National Average80.7%

General UST Information

6372

6576 77 77 80

0

10

20

30

40

50

60

70

80

90

MY2011

MY2012

MY2013

MY2014

MY2015

MY2016

MY2017

Combined RP and RD

National Average72.9%

1839

1782

1672

1597

1546

1537

1527

1494

1483

1350

1400

1450

1500

1550

1600

1650

1700

1750

1800

1850

1900

3/30/11 9/30/11 9/30/12 9/30/13 9/30/2014 9/30/2015 3/30/2016 9/30/2016 3/30/2017

Regulated Facilities

933

853

658

502

411

377 378358

352

0

100

200

300

400

500

600

700

800

900

1000

3/30/11 9/30/11 9/30/12 9/30/13 9/30/2014 9/30/2015 3/30/2016 9/30/2016 3/30/2017

# TOS tanks

UST - Revised Federal Rule

• First major revision to the federal UST regulations since 1988.

• Federal Rule – Effective Date October 13, 2015

• Not yet effective in West Virginia

UST - Revised Federal Rule

• The revised federal rule mirrors requirements that are similar to key portions of the Energy Policy Act of 2005 (adopted by WV in 2008).

UST - Revised Federal RuleThe major changes include:

• Secondary Containment

• Operator training

• Periodic O&M walkthroughs (every 30 days)

UST - Revised Federal Rule

• UST system compatibility before storing certain biofuel blends

• Removing past deferrals for emergency generator tanks, airport hydrant systems, and field-constructed tanks

• Requirements for State Program Approval

PHOTO BREAK

The things we SEE

sometimes!!!!!!!!!

State Rule Update

• Incorporate Federal Regulations by reference (for the most part)

• Effective Date planned for 2018 (~June 2018)

• Changes planned to Worker Certification Program

State Rule Update

• Add a Class F Worker Certification Category (Repair Technician)

–General repairs

–Verify and replace overfill protection,

–Replace line leak detectors

–Replace STP motors,

–Check and replace probes and sensors

State Rule Update

• Increase Worker Certification license from two (2) years to three (3) years–Continuing education requirement for

recertification will remain at 16 hours per certification classification

State Rule Update

• Proposed Fee increase on Worker Certification

–Testing and Renewal Fees last set in 1994

–Testing and Renewal Fees to be adjusted for inflation

–Fees to be adjusted from 2 year to 3 year certification period

State Rule Update

• Clean-up language

• Remove Sections (now incorporated by Reference)

• Add Inflation/Deflation Adjustment

State Program Approval (SPA)

• WV received initial State Program Approval on February 10, 1998.

• Due to the substantial change in the Federal Regulations, WV must seek State Program Approval.

SPA Process• Drafted proposed State Rule

–April 24, 2017- Drafts must be approved by Division Directors

– June 1, 2017- must be submitted Advisory Council (~mid June proposed rule will be available for public review)

– June 28, 2017-last day to file Notices for Public Hearing

– July 21, 2017, last day for Public Hearing to be held

SPA Process

– July 28, 2017, last day to file with Secretary of State to get rule submitted for 2018 Legislative Session

– ?????, Interim Legislative Sessions

– January 10, 2018, First Day of Legislative Session

–March 10, 2018, Last Day for Legislature

Database

• Working on new AST-UST/LAST-LUST database/software system

– Tanks Database

–Mobile Inspection Tablets

–Website interface

UST Program Update

• Benefits of new database/software system

–More Efficient

– Lessen potential for errors

– Increase public access to information

– Easier for regulated community to interface with Agency

PHOTO BREAK

The things we SEE

sometimes!!!!!!!!!

Thank You!!Questions?

Ruth M. Porter (304) 926-0499, 1007

ruth.m.porter@wv.gov