Proposed Changes to DEQ Heating Oil Guidance

Background Present guidance developed in 2006/early 2007 became effective in March heating oil discharges have been evaluated since March 2007

Draft Heating Oil Investigation Guidance Utilize experience gained over the past 7 years and cases Increase flexibility of approach Focus is on environmental concerns. Guidance not intended to meet needs of: building and fire codes real estate/property transactions county ordinances

Present Guidance Draft Guidance Automatically placed in Category 3 May be placed in any category Various factors such as throughput may be considered when deciding category Discharges from tanks > 1000 gallons

NFA Present Guidance Draft Guidance Low risk Little to no FP Little to no sat. soil Typically used area has public water tank out of service for extended period Low risk Typically used area has public water tank out of service for extended period NOTE: presence of FP or sat. soil does not automatically place site in a particular category.

Category 1 Present Guidance Draft Guidance Low risk Little to no FP Little to no sat. soil Require limited field work and characterization Scope of work nearly standard in all cases Tanks usually pumped out Low risk Require limited field work and characterization Scope of work is more flexible than before Presence of FP/sat. soil does not preclude use of this category If only water in tank, tank may not be pumped out

Transition- Cat 1 to Higher Category Present Guidance Draft Guidance Probability to impact receptor High  Cat 3 moderate  Cat 2 If FP or significant quantity of sat. soil present  Cat 2 Probability to impact receptor High  Cat 3 moderate  Cat 2 Communication about transition probably will be handled via to consultant

Category 2 Present Guidance Draft Guidance Catastrophic releases start here Have FP Have sat. soil Vapors in non-living spaces Believed to present risk to DW and/or surface water Scope of work relatively standard. Excavation usually required Catastrophic releases start here Believed to present threat to receptors Vapors in non-living spaces Scope of work may vary Need for excavation decided on case-by-case basis

Transition- Cat 2 to Cat 3 Present Guidance Draft Guidance If > 3 MWs needed If > 2 post SCR monitoring events needed If additional FP rec. or Sat soil removal needed after site characterization If > 3 MWs needed If > 4 post SCR monitoring events needed. Also, will go to CAP. If additional FP rec. or Sat soil removal needed after site characterization

Draft Guidance – Discusses Threats of Discharge and Confirmed Discharges Confirmed discharges Presence of visible FP in environment TPH conc. in soil > 100 mg/kg or in water > 1 mg/l. Samples collected in close proximity to tank. TPH conc. > det. limit for method if samples collected > 20’ from tank

Confirmed Discharges- continued Impacted receptor petroleum contaminated water supply petroleum in nearby stream Documented, inordinate loss of fuel from tank NOTE: petroleum vapors in basement do not constitute a confirmed discharge.

Threat of Discharge “Suspected” release does not exist for Article 11. The term “threat of a discharge” is used Operators are responsible for managing their equipment Discharge has not occurred, therefore, no VPSTF access Failure to mitigate threat of discharge may be interpreted as negligence or willful misconduct

Examples of Discharge Threats UST that likely will overflow; especially during next precipitation event AST whose support structure is in such poor condition that collapse is likely AST w. severely corroded/thinned tank bottom

Conditions potentially indicating a discharge Active heating oil UST w. > 1” of water Operational problems w. furnace Combination of tank and context of its location PID/FID reading > background DEQ may recommend that operator determine if discharge has occurred, but will not require such action

Heating Oil Discharges into Basements Found in Chapter 2 of existing technical manual Revised/clarified and now in heating oil section Catastrophic releases VPSTF eligible. overfills of tank in basement...not eligible - negligence Drips/persistent leaks  maintenance issue and not covered

Characterization by Excavation Have added a section discussing characterization by excavation