NYSDEC is Auditing You Tomorrow – Are You Ready?

Presented By: Mary Passaretti, M.S., Hydrogeologist

Aztech Technologies, Inc.

Managing Gas Station Environmental Compliance

Paperwork (Inside) Considerations

Is your registration clearly posted and all information correct?

Paperwork (Inside) Considerations

Is your Facility Information Report (FIR) Correct?

Paperwork (Inside) Considerations

Accurate as-built plans are required and should be kept at the site

for the duration of the tanks.

Must have a Certification

Statement.

Installed in accordance with

6 NYCRR Part 614.

Paperwork (Inside) Considerations

Tanks and underground piping installed after December 27, 1986

must be corrosion resistant.

Tested annually by a “qualified CP tester”.

Test results maintained for a minimum of one year.

Paperwork (Inside) Considerations

NYSDEC regulated USTs installed after December 27, 1986 must have secondary containment.

Monitored weekly with one year of records maintained on site.

Paperwork (Inside) Considerations

All pressurized piping must have two forms of leak detection.

1. Automatic Line Leak Detector (ALLD).

Tested annually with one year of records on-site.

2. and ONE of the following methods:

Annual line test -OR-

Groundwater and vapor monitoring wells -OR-

Interstitial monitoring of double walled piping -OR-

Statistical inventory reconciliation.

Paperwork (Inside) Considerations

Inventory Reconciliation

Loss or gain of greater than 0.75% over a ten day cycle.

Keep records for five years.

Aztech recommends one year of records on-site.

Paperwork Summary

PBS registration – Current and valid at all times, posted at

facility and updated every 5 years (or when modifications are

made).

As-builts – located at the facility for life of the tanks.

Cathodic Protection (tanks and/or piping) – tested annually

and one year of records at the facility.

ALLD – tested annually with one year of records kept at the

facility.

Paperwork Summary

Monitoring of any leak systems – tested weekly, and one

year of records at the facility.

Secondary containment and leak detection systems must be

monitored monthly for functionality and records kept at the

facility for one year.

Inventory reconciliation – Daily and 5 years of records

made available upon request (Aztech recommends that one

year be at the site).

Outside Considerations

Make sure that all fill ports, vapor

recovery points and monitoring

wells are accurately and freshly

painted.

Fuel extends (ethanol) must have a

contrasting boarder typically black

and white.

Outside Considerations

Are the spill buckets or catch basins around the fill

ports maintained.

Outside Considerations

Are Submersible Transfer Pump (STP) Sumps being

properly maintained?

Outside Considerations

Are you monitoring your pressurized piping? Do you

have two forms of leak detection?

Automatic Line Leak Detector (ALLD)

and ONE of the following methods:

a) annual line test, b) groundwater and vapor monitoring

wells, c) interstitial monitoring of double walled piping

must be monitored weekly and records for the past year

kept on site or d) statistical inventory reconciliation.

Outside Considerations

Are the dispenser shear valves secure?

The NFPA requires an annual functionality test of shear

valves – Aztech recommends that one year of records be

kept on site.

Outside Considerations

Are the shear valves properly positioned?

Are your containment sumps maintained?

Mary Passaretti, M.S., Hydrogeologist, President

Aztech Technologies, Inc.

www.aztechtech.com

Petroleum Spills and Reporting

Presented By: Michael Maegerle, PG

Groundwater & Environmental Services, Inc.

Managing Gas Station Environmental Compliance

NY Spill Reporting Requirements

All petroleum spills that occur within New

York State must be reported to the NYS Spill

Hotline (1-800-457-7362) within 2

hours of discovery, except for spills which

meet all of the following criteria:

NY Spill Reporting Requirements

A spill does not need to be called into the Spills Hotline if:

The quantity is known to be less than 5 gallons; and

The spill is contained and under the control of the spiller; and

The spill has not and will not reach the State’s water or any

land; and

The spill is cleaned up within 2 hours of discovery.

NY Spill Reporting Requirements

A gasoline or oil spill absolutely should be called into the Spill

Hotline, regardless of quantity, if it:

Has impacted soil, grass, or a landscaped area,

Has been discharged into a well or vault,

Has been discharged into a storm water or septic system

Has been discharged to the subsurface via cracks in the

asphalt/pavement.

For spills not deemed reportable, it is strongly recommended

that the facts concerning the incident be documented by the

facility and a record maintained for one year.

A good filing system is a must ...

A spill on a dirt or gravel parking lot is considered to

have impacted the environmental and is reportable to the

Spills Hotline, regardless of volume.

Key Components of a Spill Cleanup

Petroleum Spill Cleanup

Speedy Dry 55 Gallon Drum

Failure to Report a Spill

Per the Navigation Law, Failure to

report a spill can result in fines up to

$37,500 per day, per Navigation Law.

Don’t be, “Penny Wise and Pound Foolish”

$5,000 Fine = 100,000 Gallons @ 5cpg

Inventory Reconciliation

Call to Spill Hotline also required when:

Results of any inventory, record or test or inspection shows

a facility is leaking.

Inventory records can be wrong and facility may not

actually be leaking.

Records may show a potential problem.

Call it in and can get it reconciled easily.

Who is Required to Call In a Spill ?

Per PBS Regulations, any person with knowledge of a spill,

leak or discharge is required to call the spill into the

NYSDEC Spills Hotline.

1-800-457-7362

Michael Maegerle, PG

Groundwater & Environmental Services, Inc.

www.gesonline.com

Managing Gas Station Environmental Compliance

SUMMARY OF MAJOR CHANGES to

6 NYCRR PART 613: Petroleum Bulk Storage

(PBS) Tanks

Jen Kotch, HRP Associates, Inc.

UST Definition

The definition of underground storage tank (UST)

system is being modified to match the corresponding

definition in the federal UST regulations (40 CFR Part

280) (10% or more under ground). Aboveground

storage tank (AST) system is being defined as the

converse of UST system.

Overview of Proposed Changes to Part 613

Categories of USTs.

Changing testing frequency for USTs.

As-Built requirements.

Spill Requirements, Investigation, and Remediation.

Potential Delivery Prohibition.

Operator training requirements.

Three Categories of USTs (based on date of tank install).

C1 = Prior to December 1986, C1 UST’s will require annual

tight test and line testing for suction piping;

C2 = 1986 through the new regulation effective date; and

C3 = Tanks installed once the new regulations are in effect.

As-Built Plans/Site Drawings

DER 25/ Petroleum Bulk Storage (PBS) inspection Handbook

regulates as-built drawings for USTs installed after December

27, 1986.

Its new in that it will now appear in the proposed regulations –

so really, it is kind of new. And is now….. Enforceable!

The inspector must make sure that facilities with USTs

installed after December 27, 1986 meet the minimum

requirements for accurate site drawings/as-built plans, as

required by proposed 6 NYCRR 614.7(d).

Subpart 6: Spill Reporting,

Investigation, and Remediation

Requirements from 40 CFR Part 280 Subparts E, F, and G

that address spill response, investigations, and remediation

are being incorporated in this subpart.

Potential Delivery Prohibition

Tier 1 violations that will prohibit deliveries include:

Tanks that are leaking or suspected to be leaking.

Noted equipment violations.

Tier 2 the NYSDEC may prohibit deliveries for:

Leak detection results indicating a leak to inability to contain a

spill if one was to occur.

Operational violations

Circumstances and Process for Imposing a

Delivery Prohibition

When the Department finds that a Tier 1 or 2 condition exists

at a facility:

The Department may affix a tag on the fill pipe of the

relevant tank system that will stop delivery.

Tier 1 tags will be placed at the time the circumstance is

observed by the state, tags associated with Tier 2 will be

attached after a letter is sent to the facility informing the

facility of the relevant condition(s).

Circumstances and Process for Imposing a

Delivery Prohibition

When the Department finds that a Tier 1 or 2 condition exists

at a facility:

At the time that it affixes a tag, the Department will

provide to the facility operator, if one is present, a written

notification of the imposition of the delivery prohibition

that will include the finding of the relevant condition(s) at

the facility.

Operator Training

NYSDEC is incorporating federal training requirements

into state requirements.

Operators will have one year from the date the regulations

are issued to complete initial training and testing.

Category A, B, and C Operators.

Proposed Regulations Probable Timeframe

When will the Phase 1 of the changes take effect?

Comments and public meetings/hearings in January 2014

Regulations will be effective at the earliest in Spring 2014

Phase II drafting will begin after Phase I and EPA part 280

Regulations are completed and in place….

Jen Kotch,

HRP Associates, Inc.

www. hrpassociates.com

Thank You