AST Rule Summary Mountaineer Gas Company Presentation January 10, - PowerPoint PPT Presentation

AST Rule Summary Mountaineer Gas Company Presentation January 10, 2017 Ruth Porter, Tanks Program Manager Joe Sizemore, Assistant Chief Inspector

www.dep.wv.gov/tanks

WV Code Chapter 22, Article 30 • “AST Act” • Originally established via Senate Bill 373 in the 2014 Legislative Session • Revised via Senate Bill 423 in the 2015 Legislative Session • Response to the Freedom Industries Spill

SJM1 Risk Based Program • Level 1 ASTs – Located in a zone of critical concern (ZCC), source water protection area (SWPA); or – 50,000 gallons or greater; or – Contains a substance from EPA’s List of List at concentration of 1% or greater • Level 2 ASTs – Located in a zone of peripheral concern (ZPC) and not a Level 1 • Register and Label ASTs

AST Rules • 47 CSR 63 – AST Rule – Specific tank operation and management requirements • 47 CSR 64 – AST Fee Rule – Annual fees for regulated tanks • 47 CSR 65 – Administrative Penalty Rule – Resolution of enforcement actions and assessment of penalties

AST Rule • Operation & Maintenance – Registration, construction, installation, upgrades, inspection, maintenance, testing, and closure of tank systems. • Twelve (12) Sections

Section 3 ‐ Registration • It is unlawful to operate an AST after July 1, 2015 unless it is “properly” registered and registration fees are paid. • An Owner must register within thirty (30) days after installation or acquiring an AST, but can’t operate the AST until it is properly registered.

Section 4 ‐ Certificate to Operate, Permits/Plans & Siting Requirements • Applies only to Level 1 & Level 2 ASTs • Certificate to Operate – Renewed automatically – Annual basis • Allows for ASTs to be regulated under existing permit. • Siting requirements for ASTs with flammable or combustible liquids.

Section 5 ‐ Operation and Maintenance • Secondary Containment Inspections – Level 1 every 14 days – Level 2 once a month • Monthly AST system visual inspection – Level 1 & Level 2 ASTs

SJM2 Section 5 ‐ Operation and Maintenance • Annual Inspections & Certifications – Level 1 & Level 2 ASTs – By January 28, 2017 and on or before January 1, 2018 and then on or before January 1 of each year thereafter. – Every 3 years for Level 1 AST ( PE, API or STI certified inspector) – Every 5 years for Level 2 AST ( PE, API or STI certified inspector)

AST Inspection Certification Frequencies (47 CSR 63 ‐ 5.2) 1/10/2017 Enter AST Registration Date: Level 1 Level 2 1/28/2017 1/28/2017 PE, API, STI Certification Due* PE, API, STI Certification Due* 1/1/2018 1/1/2018 Owner Certification Due Owner Certification Due 1/1/2019 1/1/2019 Owner Certification Due Owner Certification Due 1/1/2020 1/1/2020 PE, API, STI Certification Due Owner Certification Due 1/1/2021 1/1/2021 Owner Certification Due Owner Certification Due 1/1/2022 1/1/2022 Owner Certification Due PE, API, STI Certification Due 1/1/2023 1/1/2023 PE, API, STI Certification Due Owner Certification Due 1/1/2024 1/1/2024 Owner Certification Due Owner Certification Due 1/1/2025 1/1/2025 Owner Certification Due Owner Certification Due 1/1/2026 1/1/2026 PE, API, STI Certification Due Owner Certification Due 1/1/2027 1/1/2027 Owner Certification Due PE, API, STI Certification Due 1/1/2028 1/1/2028 Owner Certification Due Owner Certification Due 1/1/2029 1/1/2029 PE, API, STI Certification Due Owner Certification Due

Section 5 ‐ Operation and Maintenance • Internal Inspections (STI SP001 or API 653) – Not required for ASTs ≤ 30,000 gallons • Spill Prevention Response Plan (SPRP) – Tank owner/operator can certify they have an approved SPCC or GPP – Required by December 9, 2015 – Updated every 5 years or sooner if certain triggers reached

Section 6 ‐ Reporting and Recordkeeping • Owners/operators must keep records for: – Financial Responsibility – Inspections – Leak Detection – Corrosion protection – Secondary containment checks – Documentation of repairs – Closures

Section 6 ‐ Reporting and Recordkeeping • Confirmed, Suspected or Threatened Releases – Notify WVDEP immediately for Confirmed Release – Notify within 24 hours for Suspected or Threatened Release unless a false alarm

Section 7 ‐ Corrective Action • Release response requirements – Notify WVDEP – Contain the release – Perform corrective action

Section 8 ‐ AST Design, Construction, and Installation • AST must be used for what they were designed for • Foundation and support requirements • Tightness testing of ASTs at install and/or reconstruction • All new Level 1 tanks installed shall be double walled, double bottomed, or installed with a Release Prevention Barrier

Section 9 ‐ Corrosion and Deterioration Prevention • Acceptable corrosion methods are: – Cathodic protection systems (galvanic or impressed current) – Exterior Coatings – Interior linings and coatings – ASTs constructed of noncorrodible materials – Storage in a manner prevents metal contact with an electrolyte

Section 9 ‐ Corrosion and Deterioration Prevention • Cathodic protection system must be designed by a NACE certified (or equivalent) corrosion expert. • Cathodic protection systems must be tested within 6 months of installation and every 3 years thereafter ‐ NACE certified CP tester.

Section 9 ‐ Corrosion and Deterioration Prevention • Impressed current systems must have the rectifier inspected every sixty (60) days. • All impressed current systems shall be tested by a NACE certified CP tester every twelve (12) months as part of a preventative maintenance program to minimize in ‐ service failure.

Section 9 ‐ Corrosion and Deterioration Prevention • The impressed current source shall not be de ‐ energized at any time, including periods when the facility is closed: – except during power failures or – during service work on the regulated AST or impressed current system).

Section 9 ‐ Corrosion and Deterioration Prevention • The criteria for determining the effectiveness of cathodic protection ( ‐ 850 mV with the CP current applied). • Alternatively, a negative potential of at least 850 millivolts from instant off reading or a 100 mV shift from the instant off position is acceptable for impressed current systems.

Section 10 ‐ Release Prevention, Leak Detection, & Secondary Containment • Spill and overfill – Overfill and spill equipment must be properly installed, operated, inspected, tested, and maintained in accordance with the manufacturer’s specifications – For sites receiving deliveries, ASTs must have overfill device or deliveries must be constantly monitored – For sites not receiving deliveries, owner/operators must monitor the AST to ensure that spill and overfills don’t occur

Section 10 ‐ Release Prevention, Leak Detection, & Secondary Containment • Secondary containment for existing AST systems needs to hold a released substance for a minimum of seventy ‐ two (72) hours. • Secondary containment for new LEVEL 1 AST systems must have a permeability less than 1 x 10 ‐ 7 cm/sec.

Section 10 ‐ Release Prevention, Leak Detection, & Secondary Containment – Existing Level 1 & Level 2 ASTs must perform leak detection monthly by a method listed below: • Visual • Automatic tank gauging • Statistical inventory reconciliation • Interstitial monitoring • Soil vapor monitoring within secondary containment • Volumetric or mass measurements • Acoustic measurements • Inventory control with tank tightness • Other forms approved by the Secretary

Section 11 ‐ Closure of ASTs – Permanent Closure • Requires notification • Closure plan submittal (method of closure and proposed sampling • Dismantle the AST or render it incapable of holding fluids • Closure report

Section 12 ‐ Financial Responsibility (FR) – Financial responsibility required for taking corrective action from an AST Release: • Thirty party insurance • Surety or Collateral Bonds • Cash deposits • Collateral securities • Escrow accounts • Performance bonds • Trust funds • Financial test of self insurance • Proof of assets

Phase In Dates • Level 1 – Secondary Containment Nov. 1, 2016 – Venting Dec. 31, 2016 – Corrosion Protection June 30, 2017 – Overfill June 30, 2017 – Leak Detection June 30, 2017 • Level 2 – Secondary Containment Feb. 1, 2017 – Venting June. 30, 2017 – Corrosion Protection Dec. 31, 2017 – Overfill Dec. 31, 2017 – Leak Detection June 30, 2018

Thank You!! Questions????????