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

AST Rule Summary

Ruth Porter, Tanks Program Manager

Joe Sizemore, Assistant Chief Inspector

Mountaineer Gas Company Presentation January 10, 2017

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

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

SJM1

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

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)

SJM2

AST Inspection Certification Frequencies

(47 CSR 63‐5.2)

Enter AST Registration Date:

1/10/2017 Level 1 Level 2

PE, API, STI Certification Due*

1/28/2017

PE, API, STI Certification Due*

1/28/2017

Owner Certification Due

1/1/2018

Owner Certification Due

1/1/2018

Owner Certification Due

1/1/2019

Owner Certification Due

1/1/2019

PE, API, STI Certification Due

1/1/2020

Owner Certification Due

1/1/2020

Owner Certification Due

1/1/2021

Owner Certification Due

1/1/2021

Owner Certification Due

1/1/2022

PE, API, STI Certification Due

1/1/2022

PE, API, STI Certification Due

1/1/2023

Owner Certification Due

1/1/2023

Owner Certification Due

1/1/2024

Owner Certification Due

1/1/2024

Owner Certification Due

1/1/2025

Owner Certification Due

1/1/2025

PE, API, STI Certification Due

1/1/2026

Owner Certification Due

1/1/2026

Owner Certification Due

1/1/2027

PE, API, STI Certification Due

1/1/2027

Owner Certification Due

1/1/2028

Owner Certification Due

1/1/2028

PE, API, STI Certification Due

1/1/2029

Owner Certification Due

1/1/2029

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

• 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

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
• f 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????????