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.]
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 email@example.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)
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 firstname.lastname@example.org 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.
This is an update to CEC’s blog posting of February 27, 2017, that described upcoming changes to Ohio’s Bureau of Underground Storage Tank Regulations’ (BUSTR’s) rules in the Ohio Administrative Code (OAC) 1301: 7-9-01 et. seq. (https://blog.cecinc.com/2017/02/27/bustr-proposes-rule-revisions-for-ohio-usts/). Since then, the draft rules underwent additional revision and have been through review and approval of the Joint Committee on Agency Rule Review (JCARR).
The new rules were issued final on July 31, 2017, and became effective September 1, 2017. Most of the changes described in our February blog were maintained; however, there were some changes to the proposed rules – some minor, some more significant – that were incorporated into the final rules. The more significant changes include:
- Rule 02, Definitions: BUSTR did not include work on spill prevention equipment and cathodic protection in the definition of a “modification.” These activities are included under “routine maintenance or normal operational upkeep.” The definition of “free product” as used in prior rules was retained in the new 2017 rule.
- Rule 04, System Registration: A 10% late fee was added to UST registrations that are filed after June 30 of each year.
- Rule 06, Design, Construction, Installation and O&M: BUSTR retained requirements from previous rule sets pertaining to internal linings added in the field to USTs and containment systems for new dispensers. October 13, 2018, was established as the final compliance date for performing spill and overspill prevention equipment testing and walkthrough inspections. BUSTR removed the requirement to obtain a modification permit to perform a change of product, and clarified the acceptable “codes of practice” that apply to installation, modification, and repair of UST systems.
- Rule 07, Release Detection: Rule language was modified to allow owners and operators of UST systems that store fuel for use by emergency power generators to request approval of an alternative method of release detection in lieu of installing automatic line leak detectors on pressure lines. BUSTR removed requirements for a “qualified person” to evaluate automatic tank gauging equipment. Language was added that pertains to manufacturers who are no longer in business. Record retention requirements were reduced from the proposed three years to one year for sampling, testing, or monitoring, and reduced from five years to three years for calibrations, maintenance, and repair of release detection equipment.
- Rule 12, Closure Rule: The time period for actions required for UST systems that are out-of-service for more than twelve months was relaxed from 30 days to 90 days. Specifications were added for inert material used to fill a UST to have a density that is greater than the density of water. They also specified that the installation of monitoring wells was only required if groundwater is encountered around a UST system or portion of a UST system that was permanently removed, closed-in-place, or underwent a change-of-service on or after September 1, 1992, where a closure assessment was not conducted in accordance with the rules effective at that time.
- Rule 13, Corrective Action Rule: The previous definition of “free product” was retained consistent with the Rule 2 definition.
- Rule 15, Delegated Authority: A provision was added to allow a certified inspector to be employed by the owner or operator.
In our opinion, one of the more significant shifts from the 2012 rules to the 2017 rules occurred in the Corrective Action Rule (OAC 1301:7-9-13, or Rule 13) with the inclusion of additional chemicals of concern (COCs) for Analytical Group 1 – Light Distillates. Naphthalene and 1,2,4-Trimethylbenzene (1,2,4-TMB) were added to the list of aromatic hydrocarbon analyses for all release investigations. Two other chemicals, 1,2-Dibromoethane (ethylene dibromide, or EDB) and 1,2-Dichloroethane (ethylene dichloride, or EDC), were added to the list of additives. These constituents are to be analyzed only for release sites where the USTs were in service prior to January 1, 1996, and where the USTs contained aviation gasoline (“av-gas”), racing fuel, and used oil. This change in COCs will not only have implications for UST owners currently performing corrective actions, but also for former UST sites undergoing Phase II Environmental Site Assessments for property transfers.
If you would like to learn more about how the new BUSTR rules may impact your operations or if you would simply like further information, contact Brent Smith (email@example.com) or Andy McCorkle (firstname.lastname@example.org) at (614) 540-6633.
MiProbe Environmental Sensing Technology for the Continuous Real-Time Management of Redox, Microbial Degradation Rates, and Metabolic Gases
CEC has collaborated with Burge Environmental of Tempe, Arizona, in the development and deployment of a sensor system called MiProbe that was supported by a series of grants from the U.S. Department of Energy.
The sensor is part of a full package of environmental sensors and data management tools that incorporates telemetry, the Cloud, and computer-generated graphics to bring the dynamics of contaminated site management to life. The system is unique in many ways, but one feature that makes it truly special is its use of biofilm as the sensor itself. The sensor also has a metabolic gas capture capability that gives it a second level of application in line with the current interest in Natural Source Zone Depletion (NSZD). Taken separately, the system’s features include:
Microbial Sensing Capabilities
The microbes and the associated electrode-support structure comprise a revolutionary redox sensor that is both instantaneous in reporting to the Cloud and robust to the point where, for all practical purposes, it has an operational life of several years.
A brief explanation of how it works: a biofilm/electrode combination with associated circuitry generates a steady-state voltage that is held by the electrode, noting that every redox state has an associated voltage. For example, the voltage is highest in an anaerobic environment, but it drops upon the encroachment of aerobic conditions because electrons are drawn away; this change is then recorded and transmitted. The system can work in reverse with voltages rising as anaerobic conditions develop. The sensor data may allow for better management and cost control associated with use of reagent applications (e.g. for providing oxidizing or reducing conditions in the subsurface).
It is also possible to understand the metabolic turnover rate in the environment. Based on the voltage output for the sensor (turning it on and off via remote control and allowing the voltage to drain and recover), a rate of substrate consumption can be calculated. This then factors into natural attenuation petitions or the progress of remedial intervention with oxidative or reductive processes as noted.
Metabolic Gas Capture Capabilities
The application targets a growing interest in documenting NSZD as a means of more enlightened management of complex sites with non-aqueous phase liquids (NAPLs). At present, the focus is on Light NAPLs (LNAPLs) like petroleum hydrocarbons. Depending on the subsurface conditions, LNAPLs will naturally attenuate through aerobic and anaerobic pathways while generating carbon dioxide and methane as metabolic gas end products. Capturing representative samples of these metabolic gases can be useful in calculating the Time of Remediation (TOR) of palpable contaminant masses in the subsurface. Of course, overlaying intervention activities such as oxidants or temperature inputs on this process can accelerate the TOR, and this will be recorded.
Other Applications and Features
Because MiProbe is sensitive to microbial activity, it can detect an uptick in electron flow as a function of a change in substrate availability. This would manifest when, for example, a dissolved-phase hydrocarbon plume impacts the sensor, which has major applications in managing UST sites or accidental releases. Conversely, a lack of electron flow could indicate a lack of bioavailability of contaminants.
The bioavailability application is important in sediments work in support of Monitored Natural Recovery (MNR) strategies. In effect, if a contaminant is unavailable, a case can be made for limited environmental impacts. Additional sediment and landfill management applications include the use of the redox sensor components to allow for characterization and modeling of the water exchanges between capped sediments or landfills and surrounding sources of water. Applications for ecological monitoring are also of interest and are ripe for further exploration by interested parties.
All of these analytical results have been obtained with extremely high reproducibility. The MiProbe system can be deployed several ways, including direct insertion into the subsurface or into monitoring wells, or as part of a floating deployment configuration. Also, the system is solar powered with real-time data transmitted using either cellular or satellite communications. In locations where communications are difficult, a data logging option is available.
This information on the MiProbe System is also available as a downloadable brochure on the Environmental Site Investigation and Remediation page of CEC’s website: http://www.cecinc.com/enviro_site_redevelopment.html.
New regulations are coming for underground storage tank (UST) owners and operators in Ohio. The Bureau of Underground Storage Tank Regulations (BUSTR), a division of the State of Ohio’s Fire Marshal’s office, has issued a second draft of its revised rules in the Ohio Administrative Code (OAC) at 1301:7-9-01 et. seq. The draft rules are currently being prepared for filing with the Joint Committee on Agency Rule Review (JCARR) in March/April 2017 with an anticipated effective date of July 2017, according to BUSTR.
The proposed rule revisions are intended to align with new federal UST regulations issued by the U.S. Environmental Protection Agency, which became effective October 2015, and also to comply with the bureau’s own five-year rule review requirement. The proposed amendments and rule changes include the following:
Compliance with New Federal Rules
- Certain types of UST systems that were previously exempt or deferred from state and federal regulations are now required to comply with certain BUSTR rules. These include airport hydrant fuel distribution systems, UST systems with field constructed tanks, and UST systems that solely store fuel for emergency generators.
- Six new terms were added; five to align with federal changes and one (“sole source aquifer”) to accommodate the rescission of OAC 1301:7-9-09 (“Rule 9,” see below). Eleven existing terms were amended, either for clarification or to align with federal changes.
- Rules were amended to implement new federal requirements for: 1) periodic checks of UST system and release detection components, 2) compatibility of release detection components and UST systems with tank contents, 3) methods of UST release detection, 4) retrofitting of older single-wall UST systems, 5) qualifications of persons performing work on UST systems, 6) records retention for UST system components and release detection records, and 7) requirements for release detection on airport hydrant and field-constructed systems. Numerous standards were updated relating to the construction and operation of UST systems to match corresponding federal standards.
- Rule 9, regarding USTs located above sensitive areas, was rescinded because these areas generally correspond to federally designated sole source aquifers, and more accurate geographical information now exists for owners and operators to use in determining whether an UST site is located above a sole source aquifer.
- The definition of “free product” and “suspected release” were revised in OAC 1301:7-9-13 (“Rule 13”) to match the federal version, and references were changed from “sensitive area” to “sole source aquifer” to accommodate rescission of Rule 9.
Permitting, Registration, and Closure
- The annual registration application deadline is being changed from July 1 to June 30. Registration requirements were added for compartments of a manifolded UST and for previously (but no longer) exempt UST systems. BUSTR also added a requirement to modify a registration within 30 days when there is a change of product.
- Clarified that partially exempt UST systems do not require a permit, a certified UST installer, or a certified UST inspector for tank-related activities.
- Clarified changes to the installer license renewal process.
- Clarified timeframes in OAC 1301:7-9-12 (“Rule 12”) for initiating closure assessments, added closure sampling requirements for piping runs, and revised the closure action levels table to reflect current science.
- Added Class A operators to the Class B retraining requirements, but makes retraining discretionary on the part of the State Fire Marshal instead of mandatory.
- Extended the validity of inspector certifications from two to three years, and simplified and streamlined the license renewal process.
Corrective Action, Chemicals of Concern (COCs), and Petroleum Contaminated Soils (PCS)
- The applicability section of Rule 13 was revised to allow ongoing corrective actions to continue under a previous rule version.
- Added “Biodiesel blended fuels” to the list of middle distillation products; added three new chemicals of concern (1,2,4-trimethylbenzene, 1,2-dibromoethane, and 1,2-dichloroethane); and revised action levels throughout Rule 13 to reflect current science.
- Updated public notice requirements for certain advanced corrective actions; owner/operators are now required to submit proof of notification within 90 days.
- Revised the list of re-use chemicals of concern and the action levels for petroleum contaminated soils (PCS) to incorporate most recent science, and clarified that if PCS above action levels are returned to the excavation, the cavity must be lined.
If you would like to learn more about how the new regulations may impact your operations or would like further information regarding the new BUSTR rules, contact Ron Wells (email@example.com), Tom Maher (firstname.lastname@example.org), or Andy McCorkle (email@example.com), or call (800) 365-2324.