Author: Bo Valli

Key Provisions Added to Streamline WV LAST/LUST Program

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This blog post is a follow-up to CEC’s summary of the West Virginia Tanks Corrective Action Unit (TCAU) update to the Corrective Action Guidance Document (CAGD) for Leaking Aboveground Storage Tanks (LAST) and Leaking Underground Storage Tanks (LUST).

[Background: The TCAU released the update to the public on July 25, 2018, for immediate implementation. The stated intent of the CAGD is to better articulate West Virginia’s LAST/LUST program requirements, provide clarification on what information must be collected when investigating and cleaning up releases, and improve the consistency and quality of required reports, resulting in a more streamlined process for remediating LAST/LUST sites. The guidance discusses the processes and procedures for identifying and investigating suspected and confirmed releases, identifying appropriate cleanup levels, selecting and conducting appropriate corrective actions, and establishing reporting requirements. The CAGD is applicable to regulated Aboveground Storage Tanks (ASTs) as defined by W.Va. Code §22-30 and Underground Storage Tanks (USTs) subject to regulation by W.Va. Code §22-17 and 40 CFR 280. Note that regulated ASTs are either Level 1 or 2.]

KEY PROVISIONS

Some of the key provisions that were added to improve efficiency and streamline the program include:

Incorporation of standardized data entry-enabled electronic forms for submitting plans, reports, and related documents

TCAU has developed and made available standardized data entry-enabled electronic forms for submitting nearly all required plans and reports, including initial site check reports, site characterization reports, initial abatement measures reports, free product monitoring reports, quarterly groundwater monitoring reports, site investigation reports, and AST closure plans. The standardization of the forms and reporting requirements is designed to simplify WVDEP’s review process and increase the efficiency and cost-effectiveness of the review process for WVDEP and the regulated community.

Providing an optional “FastTrack” approach for cleaning up low-impact sites

TCAU has developed a “FastTrack” program to allow for a quick, efficient, and cost-effective cleanup for low-impact sites. Utilizing FastTrack, a tank owner/operator reports a release, performs the initial response requirements, and then moves directly to remediation of the site, provided that the site/release meets certain conditions. TCAU anticipates that this is a viable option for certain types of releases, such as releases from spill buckets, sumps, under-dispenser containment, or limited piping, as well as tank releases encountered during tank closures and/or upgrades. In order to qualify for the FastTrack program, the release must be relatively small and confined to the site, have no potential to impact surface water or groundwater, pose little or no risk to human health or the environment, and be readily remediated by excavating contaminated soil. WVDEP has pre-approved FastTrack for releases involving refined petroleum products (gasoline, diesel, kerosene, heating oil, oil, etc.), crude oil, brine, natural gas condensate, sodium hydroxide, or sodium carbonate, although other chemicals may potentially be acceptable if approved by the Agency.

Implementation of Presumptive Remedies

TCAU has developed what amounts to an expedited approval process for Corrective Actions implementing commonly used remediation approaches for LAST/LUST cleanups including soil excavation, soil vapor extraction (SVE), low temperature thermal desorption (LTTD), air sparging (AS), dual-phase extraction (DPE), in situ chemical oxidation (ISOC), and aggressive fluid vapor recovery (AFVR). In order to employ a presumptive remedy (PR), the remediator completes an appropriate PR form that is essentially a screening process for determining whether the remedy will be effective for the site. The completed form along with a monitoring plan and appropriate site maps showing monitoring points are submitted as the Corrective Action Plan. The use of a presumptive remedy is not applicable when the contamination has migrated beyond the facility boundary unless it can be demonstrated that the presumptive remedy will address the contamination beyond the facility boundary.

If your company’s operations involve the management and oversight of aboveground or underground storage tanks in West Virginia and you would like to know more about the updated processes and procedures surrounding investigation, cleanup, corrective actions, and reporting of releases, please contact the author, Robert (Bo) Valli, at bvalli@cecinc.com or (412) 303-6699.

WVDEP Releases New Corrective Action Guidance Document (CAGD) for Leaking Aboveground Storage Tanks (LAST) and Leaking Underground Storage Tanks (LUST)

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On July 25, 2018, the West Virginia Tanks Corrective Action Unit (TCAU) released its update to the Corrective Action Guidance Document (CAGD) for Leaking Aboveground Storage Tanks (LAST) and Leaking Underground Storage Tanks (LUST), which became effective upon publication. The stated intent of the CAGD is to better articulate West Virginia’s LAST/LUST program requirements, provide clarification on what information must be collected when investigating and cleaning up releases, and improve the consistency and quality of required reports, resulting in a more streamlined process for remediating LAST/LUST sites. The guidance discusses the processes and procedures for identifying and investigating suspected and confirmed releases, identifying appropriate cleanup levels, selecting and conducting appropriate corrective actions, and establishing reporting requirements. The CAGD is applicable to regulated Aboveground Storage Tanks (ASTs) as defined by W.Va. Code §22-30 and Underground Storage Tanks (USTs) subject to regulation by W.Va. Code §22-17 and 40 CFR 280. Note that regulated ASTs are either Level 1 or 2.

The CAGD replaces and supersedes previous AST and UST closure guidance documents and incorporates a number of concepts that shift the paradigm of how LAST/LUST sites are investigated and remediated in West Virginia.

First, TCAU has abandoned the use of total petroleum hydrocarbons (TPH)/diesel range organics (DRO)/gasoline range organics (GRO)/oil range organics (ORO) as analytes of interest in favor of individual chemicals most associated with the different TPH ranges. Analysis for TPH will still be performed to profile petroleum-contaminated waste for disposal.

Second, the TCAU has developed three tiers of new action levels for soils at LAST/LUST sites that are protective of direct contact (ingestion, dermal contact, and inhalation of volatile organic compounds/particulates) and vapor intrusion exposure pathways (inhalation of volatile organic compounds). The Tier 1 level is the most conservative of the three tiers and applies to most sites. Tier 2 provides soil action levels for sites under residential use. Tier 3 may be utilized for determining compliance with the soil action levels when the property owner has agreed to place a deed restriction on the property, appropriately restricting its use to non-residential. Tier 2 and 3 action levels are depth-dependent (0 to 8 feet and greater than 8 feet) to protect human health, and their use can be precluded by “limiting factors,” which generally consist of subsurface utilities and building or soil conditions that could result in preferential migration of volatile organic compounds into buildings.

Third, protection of groundwater is addressed entirely through the use of a 10-foot soil buffer. There is an underlying presumption that a 10-foot soil buffer is sufficient to prevent contaminants in soil from leaching into groundwater and causing groundwater contamination irrespective of the concentrations in the soil. Under this approach, if contamination (defined as “detectable”) is detected within 10 vertical feet of the water table, or free product is present at the water table, a groundwater investigation must be conducted. For circumstances where contamination is not detected within 10 vertical feet of the water table, it is presumed that meeting Tier 1, 2, or 3 action levels is protective of groundwater.

In addition to the concepts discussed above, the guidance establishes various quality control procedures related to collecting environmental samples, constructing monitoring wells, and validating laboratory data.

Be advised that the above discussion is a broad-brush synopsis of the primary elements and concepts that comprise the CAGD, and that there are many intricacies and caveats that are part of the CAGD that are not mentioned in this blog post, not the least of which is how keywords such as “soil,” “contamination,” and “product” are defined.

If your company’s operations involve the management and oversight of aboveground or underground storage tanks in West Virginia and you would like to know more about the CAGD update and clarifications, please contact the author, Robert (Bo) Valli, at bvalli@cecinc.com or (412) 303-6699.

CEC has developed a follow-up post on key provisions added to streamline the WV LAST/LUST program. Click the link to read this additional information or paste the following into your browser: https://blog.cecinc.com/2018/08/08/key-provisions-added-to-wv-last-lust-program.