Transcript Plans and Preparations for the PST Energy Act Investigations

Plans and Preparations for
the PST Energy Act
Investigations
Texas Commission on Environmental Quality
Environmental Trade Fair
May 5-6, 2015
Small Business and
Local Government
Assistance
Brian Christian
Andy Gardner
Division Director
Section Manager
SBLGA Offers:
• Technical Compliance Assistance
• One on One Help
• Compliance Tools
• Free & Confidential
SBLGA Resources
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Site Visit Program**
EnviroMentor Program**
Regional Staff
Hotline number
The Advocate
Site Visit Program
• Free to small businesses
• Conducted by contractor hired by the
SBLGA Section
• Completes a 62 point PST checklist
• Owner receives a report –
Enforcement does not
EnviroMentor Program
• Technical Assistance
• Volunteer Professionals
–Consultants
–Engineers
–Lawyers
–Operators
Today’s Topics
• Update on 40 CFR Part 280
• 3 year Energy Act Investigations
• SBLGA Project
– Compliance checklists
– SBLGA tools
– Free PST compliance workshops
40 CFR Part 280
• Changes to federal UST rules will
likely become effective soon
• Watch EPA and TCEQ websites for
updates
• Participate in the rulemaking process
Federal Energy Act of 2005
• Requires states to inspect facilities
with USTs every 3 years
• There are approximately 21,000
active facilities with USTs in Texas
• TCEQ and agency contractors have
performed investigations the past
3+ years
Federal Energy Act of 2005
• Best option is for facilities to be in
compliance before an investigation
• More than 680 administrative orders
filed by TCEQ in Fiscal Year 2014
• Average penalty greater than $5,500
Compliance Checklists
• Energy Act
– 10 focused points
• CEIMOD
– Modified compliance evaluation
investigation
• Temporarily out of service
Preparing for a PST Focused
Energy Act Investigation
• Energy Act focused checklist citing mostly
Category A violations
– requires automatic initiation of formal
enforcement action
• TCEQ investigators are still looking for
compliance with all applicable rules
Energy Act Focused Checklist
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Self certification
Financial assurance
Corrosion protection
Release detection for tanks and piping
Spill and overfill prevention
Release reporting
Operator training
Records
Self Certification
• Is the delivery certificate current,
valid?
• Applies to USTs containing motor fuel
• Required annually
• Fuel delivery prohibited without a
current, valid delivery certificate
Financial Assurance
• Is the insurance current?
• Facilities submit certificate of
insurance with self certification form
• Does the facility have
documentation?
Corrosion Protection
• Are all underground and underwater
metal components protected from
corrosion?
– Steel tanks and lines
– Buried metal components
– Metal components in contact with water
Corrosion Protection
• Cathodic protection systems must be
tested at installation and every three
years thereafter
• For impressed current systems,
rectifier should be read every 60 days
and recorded in a log sheet
Corrosion Protection
• FRP Tanks and Composite Tanks don’t
require a cathodic protection system
• Does the facility have documentation?
• What is acceptable documentation?
Release Detection
• Tanks
– Monthly method capable of detecting a
0.2 gph leak rate (ATG & SIR)
– Inventory control required if retail or if
the method requires it
• Accurate, daily readings
• Reconcile at the end of each month
Release Detection
• Pressurized Piping
– 2 methods required
• Automatic line leak detector (3 gph) and be
function tested annually and
• Monthly release detection (0.2 gph) or
annual piping tightness test (0.1 gph)
Release Detection
• Suction or Gravity Piping
• Monthly or triennial test
• Keep documentation to verify
compliance
Spill & Overfill Prevention
• Tight fill fitting
• Spill bucket -Inspect every 60 days to ensure
they’re liquid tight
• Overfill Device
– Automatic shut-off valve – in fill port
– Automatic flow restrictor – in vent line
• Keep documentation
Release Reporting
• Were any suspected releases reported
within 24 hours and investigated?
– Exceeding inventory control reconciliation
amount 2 months in a row
– Inconclusive or failing SIR or ATG result
• System tightness test within 30 days
• Keep documentation
Operator Training
• Initial deadline was August 8th 2012
• Re-train every 3 years
• Completion certificate
Records
• Facility should maintain records to
determine compliance
• It doesn’t count if you can’t prove it
Common Violations Cited
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Not doing inventory control
No proof of tank test results
No 3 year cathodic protection test
No documentation of tank material
No overfill documentation
Insufficient records
What happens after an
investigation?
• Exit interview form given to facility
• If violations are noted, get in
compliance and submit
documentation ASAP – it could save
$$$$
Penalty Calculations
• Many factors
– Amount of throughput
– Compliance History
– Avoided Costs (not doing a tightness test)
– Good faith reduction (25%)
– Deferral for agreed order (20%)
SBLGA’s PST Tools
• Free, confidential site visit (if facility
is a small business and not in
enforcement)*
• PST Super Guide (RG-475)
• Petroleum Storage Tanks (PST):
Compliance Resources webpage
PST Compliance
Resources web page
SBLGA’s PST Tools
• Compliance Notebook NEW!!
– Example records
– Blank log sheets
– Place to put necessary records
– Follows CEIMOD compliance checklist
Compliance Notebook Content
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Self-Certification & Registration
Financial Assurance
Corrosion Protection
Tank Release Detection
Piping Release Detection
Spill and Overfill Prevention
Release Reporting
Compliance Notebook Content
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Miscellaneous Records
Operator Training
Shear Valves
Equipment installed after January 1, 2009
Texas Department of Agriculture
Temporarily out of service USTs
Stage I and II
Free PST Workshops
• Owners and operators of facilities
with USTs invited
• Participants receive compliance
notebook and discuss content
• SBLGA staff present to answer
compliance questions
Free PST Workshops
• Austin workshop
– May 19, 2015
• Waco workshop
– June 11, 2015
• Conducted statewide in Fiscal Year 2016
For More Information…
• www.texasenvirohelp.org
• Contact regional SBLGA staff
• 1-800-447-2827 - hotline
• Danielle Cochran
– TCEQ Region 4 – Fort Worth
– Phone: (817) 588-5927
– E-Mail: [email protected]
• Nathan Weiss
– TCEQ Region 13 – San Antonio
– Phone: (210) 403-4092
– E-Mail: [email protected]