Plans and Preparations for the PST Energy Act

Investigations

Texas Commission on Environmental Quality

Environmental Trade FairMay 5-6, 2015

Small Business and Local Government

Assistance

Brian Christian Andy GardnerDivision Director Section Manager

SBLGA Offers:

• Technical Compliance Assistance• One on One Help• Compliance Tools• Free & Confidential

SBLGA Resources

• 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• 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• 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• Self-Certification & Registration• Financial Assurance• Corrosion Protection• Tank Release Detection• Piping Release Detection• Spill and Overfill Prevention• Release Reporting

Compliance Notebook Content• 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: danielle.cochran@tceq.texas.gov

• Nathan Weiss– TCEQ Region 13 – San Antonio– Phone: (210) 403-4092– E-Mail: nathan.weiss@tceq.texas.gov