1. EXCALIBUR GROUP, LLC Evolving Regulations for USTs in New York For New York State August 1, 2013

2. EXCALIBUR GROUP, LLC Today’s Agenda Why We’re Here: Smart Tank Management Is Your Tank Regulated? Proper Tank Management Reporting Spills Documenting Compliance Training Expected Upcoming Regulatory Changes For More Information

3. EXCALIBUR GROUP, LLC About the Presenters Presentation Provided on Behalf of the ACE Environmental Risk Cynde Sears Senior Environmental Consultant  Former research scientist and science teacher  Supported EPA’s Office of Underground Storage Tanks (OUST) & related state UST programs  Developed training courses for the EPA on Spill Prevention, Control and Countermeasures (SPCC) for owners and operators of ASTs Ross M. Tabachow, Ph.D., P.E. Remediation Engineer  Performs & oversees remediation at spill sites  UST & AST site characterization and cleanup experience This is an overview of the regulations and guidance, and in no way should this presentation be interpreted as strict guidance to meet compliance which can only be determined through a careful review of the federal, state, and local regulations.

4. EXCALIBUR GROUP, LLC Protect the health of students, employees, local communities, & the environment Comply with county, state, & federal laws for fuel tanks on school properties in NY Avoid fines, insurance claims, and other challenges Why We Are Here

5. EXCALIBUR GROUP, LLC What Are Fuel Tanks and Tank Systems? Two major types:  Underground storage tanks (USTs)  Aboveground storage tanks (ASTs) Regulated slightly differently, but must be managed similarly

6. EXCALIBUR GROUP, LLC How do fuel tanks cause problems? Major sources  Leaks from tanks, pipes, associated storage systems  Spills and overfills during fuel delivery  Spills from dispensers during vehicle fueling (“overtopping” most common)

7. EXCALIBUR GROUP, LLC Triple Whammy Federal, State, & Local Regulations Recent Changes in New York Law  Many Counties More Stringent Than State

8. EXCALIBUR GROUP, LLC Allowable USTs USTs must have secondary containment  Double walls or vault Must have service life of 30 years Must be able to be monitored so leaks can be detected rapidly  Between walls (“interstitial space”) or in tank  Groundwater monitoring wells

9. EXCALIBUR GROUP, LLC These USTs Are Acceptable Cathodically protected steel (Cannot be used in new facilities in Nassau County) Fiberglass reinforced plastic (FRP) Fiberglass clad steel

10. EXCALIBUR GROUP, LLC USTs Must Be Labeled Must bear permanent stencil, label or plate containing manufacturer’s statement  “This tank conforms with 6 NYCRR Part 614” Must show tank number, capacity, dimensions, name of manufacturer, standard of design, date of installation Fill pipes must be color-coded and labeled with same information

11. EXCALIBUR GROUP, LLC Aboveground Tanks New ASTs must be steel, must be painted on outside or otherwise protected from corrosion If bottom rests on ground, tank must have cathodic protection

12. EXCALIBUR GROUP, LLC ASTs Impermeable layer must be installed under tank bottom Monitoring system must be installed between barrier and bottom Groundwater monitoring is not an acceptable form of leak detection

13. EXCALIBUR GROUP, LLC Piping Connected to tanks for distribution of liquids May be rigid or flexible for USTs –No flexible piping on ASTs Often has many connections, bends, cracks that can become undetected sources of leaks Kinked piping in sump Cracked piping in fuel conveyance system

14. EXCALIBUR GROUP, LLC Is Your Tank Regulated? Tanks with combined storage capacity of >1,100 gallons of petroleum but < 400,000 gallons at same site Petroleum is  Any fraction of crude oil and mixtures (gasoline, diesel, heating oil, waste oil burned as fuel) as well as synthetic forms of lubricating, insulating, hydraulic, and cutting Any tank over 110 gallons at smaller facility (< 1,100 gallons combined volume) containing gasoline, diesel, waste oil stored for collection

15. EXCALIBUR GROUP, LLC If You Store More Than 400,000 Gallons at a Single Facility You need to talk to the DEC and EPA Clean Water Act rules under the Spill Prevention Control and Countermeasures Act (SPCC) will likely apply to you State Major Oil Storage Facility Rules apply This presentation does not cover SPCC or MOSF requirements

16. EXCALIBUR GROUP, LLC Proper Tank Management Prevention Detection Correction Documentation Proper Training

17. EXCALIBUR GROUP, LLC Prevention of Releases: Tanks Properly constructed No single-walled, unclad, non-cathodically protected steel tanks should still be in the ground unless properly closed in place

18. EXCALIBUR GROUP, LLC Prevention of Releases: Tanks If cathodically protected, must be inspected annually Example of sacrificial anodes doing what they are meant to do

19. EXCALIBUR GROUP, LLC Prevention of Releases: USTs USTs must be tested for TIGHTNESS at 15 years, and every 5 years afterwards, unless they meet new construction and leak detection requirements or if in basements or vaults and cannot be visually inspected Applies to > 1,100 gallons storing gasoline, heating oil, fuel oils (except #5, #6), kerosene, kerosene or waste oil Includes manifolded systems and piping

20. EXCALIBUR GROUP, LLC UST Tightness Testing New corrosion-resistant tank systems with leak detection/monitoring systems do not have to be tightness tested Perform daily inventory control

21. EXCALIBUR GROUP, LLC UST Tightness Testing Inventory Control Daily measurements using a gauge stick Every 10 days, reconcile delivery & use data MUST notify DEC within 2 hours of unexplained inventory loss

22. EXCALIBUR GROUP, LLC Prevention of Releases: Piping Materials used with both USTs and ASTs Steel must be cathodically protected  CP-Iron acceptable for ASTs May be FRP or other non-corrodibles Pressurized piping: USTs Automatic shut-off devices, flow restrictors, or leak alarms Suction piping (above-grade): USTs May require leak detection devices Line leak detector

23. EXCALIBUR GROUP, LLC Prevention of Releases: Fuel Delivery Fuel delivery trucks are outfitted with equipment to minimize overfills & spills, but still happens UST fill pipes must be outfitted with overfill alarms & sumps or spill buckets to collect overfill Spill bucket in poor condition – gap between bucket and fill pipe. Rust, debris will enter tank

24. EXCALIBUR GROUP, LLC Prevention of Releases: Fuel Delivery If you are required to have vapor recovery systems on your USTs, ensure they are properly maintained. Deliveries are not supposed to be made if they are not in working order.

25. EXCALIBUR GROUP, LLC Prevention of Releases: Fuel Dispensing If you operate a bus/vehicle depot and dispense gasoline or diesel, you need to have secondary containment or sumps under dispensers Inspect Keep free of product Under tank containment system, behind front door on dispenser

26. EXCALIBUR GROUP, LLC Detecting Releases You must know that your UST or piping has had or is in imminent danger of a release New UST systems use one or more types of leak detection systems Some are automated They only work if they are turned on and someone is paying attention!

27. EXCALIBUR GROUP, LLC Many Types of Leak Detection

28. EXCALIBUR GROUP, LLC Detection of Releases: Alarm Systems Many UST systems installed with automated alarms A common operational problem is ignoring alarms or turning them off Proper training can alleviate Teach staff not to ignore alarms!

29. EXCALIBUR GROUP, LLC Reporting Releases & Spills You must report a suspected or actual release/spill from an UST or AST to DEC: 1-800-457-7362 Actual or suspected release/spill within 2 hours Failure to notify in a timely manner can result in significant fines NYSIR contact is: Michael Coffey 516-750-9454

30. EXCALIBUR GROUP, LLC Documenting Compliance Register your tanks with the state and possibly your county State registration is at the facility level, not per tank, but each tank must be registered State fee schedule as of 2009:

31. EXCALIBUR GROUP, LLC Documenting Compliance You must be able to demonstrate:  All tanks/systems were installed by certified installers in compliance with all applicable rules; includes as-built drawings  Tanks are properly registered  Work permits were secured for any installations, repairs, upgrades, replacements, closures  Releases have been reported and responded to

32. EXCALIBUR GROUP, LLC Documenting Compliance: Examples UST Leak Detection Records –Daily Inventory Records –Monthly Reconciliation Records UST Tank Tightness Test Results UST Inspection Reports (state, county, contractor) All records must be maintained on site and available for inspection

33. EXCALIBUR GROUP, LLC What If We Don’t Comply? In addition to fines, rules in place since 2005 now require states that receive Federal funding for their UST programs to prohibit fuel deliveries

34. EXCALIBUR GROUP, LLC Prohibited Delivery The new State law authorizes DEC to prohibit deliveries when: a tank is leaking where a leak is probable for violations of the requirements to install equipment for spill prevention, overfill protection, leak detection, corrosion protection, or secondary containment, and for violation of requirements to properly operate or maintain leak detection, spill, overfill or corrosion protection equipment

35. EXCALIBUR GROUP, LLC Training Ensure the right people are trained to operate USTs and that you can prove it to inspectors New York is developing its training program, which will meet these Federal requirements for three levels of training when it becomes final

36. EXCALIBUR GROUP, LLC Training Three Classes of “Operators” Class A Operator –Focuses on the operational and maintenance requirements for UST system. Broad knowledge of regulatory requirements. Class B Operator –Day-to-day operation, maintenance, recordkeeping for USTs. In-depth knowledge of implementing regulatory requirements. Class C Operator –First line of response in emergency. Knows actions to take in event of a leak or other emergency

37. EXCALIBUR GROUP, LLC Anticipated Upcoming Regulations EPA is proposing several new regulations (www.epa.gov/oust/fedlaws/Crosswalk.pdf) –Public comment period ended last April; actual regulations may be a few years away Examples of proposed changes –Eliminates use of ball float valves in vent lines –Expands leak detection requirements to emergency generators –Requires “walk-around” inspections –Takes many internally lined tanks out of service

38. EXCALIBUR GROUP, LLC Anticipated Upcoming Regulations NY DEC is also proposing new rules to match Federal UST regulatory framework Comment period Aug. 1 - Sept. 20 Webinar explaining changes will be held August 14; public meeting will be Sept. 10 in Albany Summary of changes at www.dec.ny.gov/chemical/92547.html

39. EXCALIBUR GROUP, LLC For More Information www.dec.ny.gov/chemical/287.html for up-to-date information, links to forms, regulations, and other useful informationwww.dec.ny.gov/chemical/287.html Call your NY DEC Region or your county, as appropriate.

40. EXCALIBUR GROUP, LLC Acknowledgements School Building Ground Association NYSIR ACE Environmental Risk

41. EXCALIBUR GROUP, LLC Questions, Comments, and Discussion

42. EXCALIBUR GROUP, LLC THANK YOU FOR ATTENDING TODAY!