“Evolving Regulations and Emerging Contaminants” Vermont Department of Environmental Conservation Waste Management and Prevention Division Sites Management Section
Evolving Regulations AST Rule – Matt Moran, Environmental Program Manager, SMS LEAN / ANR On Line – Matt Moran, Environmental Program Manager, SMS Groundwater Rule -Matt Moran, Environmental Program Manager, SMS Hazardous Waste Management Regulations - Trish Coppolino, Environmental Program Manager, SMS Solid Waste Rule -Trish Coppolino, Environmental Program Manager, SMS Net Metering Rule -Trish Coppolino, Environmental Program Manager, SMS Natural Resource Damages (NRD) – Trish Coppolino, Environmental Program Manager, SMS Legislative Changes (S.10) -Trish Coppolino, Environmental Program Manager, SMS IRule – James Donaldson, Environmental Scientist Extended talk to cover background soil study – Matt Moran/Trish Coppolino/James Donaldson
Evolving Regulations – AST Rule New Inspection & Certification Standards (Act 76 – H.531)
Current Status Approved by ICAR Public Hearing - April 5, 2017 Public Comment Period Ended - April 19, 2017 Finalizing: Responsiveness Summary Rule Draft Filing with LCAR first week of June
2016 Heating Oil Release Data 58 Heating Oil AST Releases 39 from indoor basement ASTs 19 from kerosene outdoor ASTs 53 Heating Oil UST Releases
Costs of AST Releases Based on data from past 5 years • Average annual heating oil cleanup expenditures ~$1.4M • Average annual heating oil cleanup revenue - $1.3M • Average annual AST HO cleanup expenditures - ~$0.93M
Act 76 - Requirements Adopt rules for AST inspections by 7/1/17 Requires inspections that must follow newly promulgated protocol. Delivery prohibition to noncompliant ASTs ANR keeps public database of noncompliant ASTs Heating oil ASTs and piping must be removed at time of conversion to natural gas
When Inspections are Required As of July 1, 2017, all storage tank systems shall be inspected at the following times: (1) Immediately after tank system installation; (2) Immediately after initial delivery of fuel to the tank system; (3) Prior to the initial delivery of fuel to the tank system when the tank owner switches fuel carriers; (4) If not otherwise required under (1) to (3) above, the tank system shall be inspected once every three years; and (5) Upon removal of a tank system – essentially to check for evidence of a release.
Five Red-Taggable Inspection Findings 1.) All four legs of the tank are located on a stable foundation
Five Red-Taggable Inspection Findings 2.) The tank and tank legs are free of any cracks and of significant corrosion or pitting, rust, and spores; dents or bulges; and all tank fuel filter, fittings, and valves are free of drips or leaks and any other sign of an actual or suspected release of hazardous material;
Five Red-Taggable Inspection Findings 3.) All tank fuel lines below grade are installed with a plastic coating or within a protective sleeve made of non-corrodible material;
Five Red-Taggable Inspection Findings 4.) The tank is installed with a vent alarm or whistle terminating not more than 12 feet from the fill pipe and at a point visible from the fill port.
Five Red-Taggable Inspection Findings 5.) The fill pipe and the vent pipe shall be at least 1-1/4 inches in diameter. The fill pipe shall have a liquid-tight cap and the vent pipe shall have a weatherproof and insect-proof cap. For indoor tanks, the fill and vent lines must terminate outside the structure.
ANR Environmental Research Tool Aboveground Storage Tanks https://anrweb.vt.gov/DEC/ERT/AST.aspx
Flood Prone Area Changes NORA Recommended Practices adopted for indoor ASTs with respect to tank securement methods, e.g., foot flanges, concrete anchors, hold down straps, etc. Emphasis was placed on prevention of indoor/basement ASTs from becoming buoyant due to much greater impact on human health, property and the Petroleum Cleanup Fund. Outdoor AST “compliance” would be much costlier due to much thicker concrete pads needed. Also, cost/benefit of prevention is marginal since mos t outdoor releases have marginal impact due to massive dilution, and when pools of product remain it is readily cleaned up.
Protection from Ice Damage ASTs installed outdoors after 7/1/17 must either be installed on the gable end, or have protection from ice/snow falling off the eaves
Evolving Regulations – LEAN/ANR Online
Evolving Regulations – Groundwater Rule A final draft has not yet been filed with ICAR to begin formal rulemaking The most significant change for us relates to the GW Reclassification Section Current draft would require reclassification of hundreds of sites to Class IV Changing Enforcement Standards – Once Rule is in effect, changes include: MTBE – from 40 ug/L to 11.3 ug/L Trimethylbenzenes – from 2 isomers at 350 ug/L to 3 isomers at 5.1 ug/L 1,4-dioxane – from 20 ug/L to to 0.3 ug/L (though interim was 3 ug/L) Impact of new standards low given IRULE changes. The VALs are also being added to the rule for point of use (we already manage to this for private wells).
Evolving Regulations - Hazardous Waste Rule PFOA and PFOS are listed hazardous wastes when in liquid form and above 20 ppt. There are several exemptions to the Hazardous Waste Listing: Consumer products that were treated with PFOA and are not specialty products; Remediation wastes managed under a CAP or disposal plan approved by the Secretary; and Sludges from wastewater treatment facilities, residuals from drinking water supplies, or leachate from landfills when managed under a plan approved by the Secretary. The Secretary is in the process of adopting guidance on the management of landfill leachate at wastewater treatment facilities.
Evolving Regulations – Solid Waste Rule Preliminary stakeholder and public comment was completed this spring (2017) Currently going through Internal legal review Formal rule making process to begin in late Fall 2017 * will include language on categorical facilities that can be permitted to receive development soils
Evolving Regulations – Net Metering New Net Metering Rules January 2017 Encourage solar development on “preferred sites” Preferred Sites-Brownfields, Landfills, NPL sites, gravel pits, rooftops, parking lots Incentives for preferred site development, expedited permit process, generate power up to 500kW Certification from ANR Secretary that the site is a Brownfield, Landfill, NPL site Look for solar developer to conduct a Phase I, Phase II and Corrective Action(if necessary) Shawn Donovan, Shawn.Donovan@Vermont.gov (802-522-5683)
Evolving Regulations – Natural Resource Damages
Evolving Regulations – Natural Resource Damages “Natural resource damage “Natural resources” means any natural resource held in the assessment” means the process of collecting, compiling, and public trust, such as fish, wildlife, habitats that support fish and analyzing information, statistics, wildlife, biota, vegetation, air, and data through prescribed methodologies to identify the surface water, groundwater, wetlands, drinking water supplies, scope of injury to natural resources and associated services or State-held public lands. in order to determine the amount of damages for injuries to natural resources.
Evolving Regulations – Natural Resource Damages These Rules apply to any party liable for a Upon notification of a release or release of hazardous materials pursuant to discovery of a release of 10 V.S.A. § 6615 hazardous materials, the The purpose of these Rules is to make the environment and public whole for injuries to Secretary may conduct pre- natural resources and loss of services assessment to determine whether resulting from the release of hazardous material. to conduct a damage NRD establish processes to assess injuries to assessment and restoration. natural resources, to assess alternatives for Where appropriate, the Secretary restoring injured natural resources and services lost, and to pursue implementation may first require early restoration and funding of a restoration plan by potentially responsible parties. actions prior to any such damage These Rules also provide opportunities for assessment and restoration soliciting input from the public and other planning. interested parties in conducting a damage assessment and selecting restoration alternatives.
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