State of the UST Branch 2016 Division of Waste Management Energy - - PowerPoint PPT Presentation

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State of the UST Branch 2016 Division of Waste Management Energy - - PowerPoint PPT Presentation

Aug 16, 2023 304 likes •517 views

State of the UST Branch 2016 Division of Waste Management Energy and Environment Cabinet Edward Winner, PhD Point of the UST Branch KRS 224.60-110 1. Petroleum stored to meet citizens needs, to foster economic growth and development, and

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SLIDE 1

State of the UST Branch 2016

Division of Waste Management Energy and Environment Cabinet

Edward Winner, PhD

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SLIDE 2

Point of the UST Branch

KRS 224.60-110

  • 1. Petroleum stored to meet citizens’ needs,

to foster economic growth and development, and quality of life

  • 2. Releases have and will occur which threaten public

safety and the environment

  • 3. Difficult to obtain affordable pollution liability insurance
  • 4. Need investigation and cleanup without delay
  • 5. Minimize disputes over causation and responsibility
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SLIDE 3

Structure and Staff

  • Administrative Section: Tank Registration 6 to 4

employees

  • Compliance Section: New Installations and issues

associated with operations 6 (Supervisor Filled 11/1/15)

  • Initial Evaluation & Closure Corrective Action II 6
  • Corrective Action 7 to 8
  • Claims and Payments 6 to 7
  • Manager’s staff 4 to 3
  • Total staff 34

(Down from 54 November 2011)

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SLIDE 4

Sites Processed or In Process since Program Inception

  • 50,243 registered USTs since 1985
  • 40,520 USTs permanently closed
  • 15,838 total NFAs issued
  • 579 Emergency Responses
  • Permanent Closure 23 3rd Q
  • Investigation 166 directives 3rd Q
  • Corrective Action 489 directives 3rd Q
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SLIDE 5

NFAs Increasing while New Sites are Decreasing

335 350 464 383 440 546 663 645 379 290 333 256 277 258 296 354 242 230 225 190 100 200 300 400 500 600 700 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 # Sites NFAs Issued New Sites added to Cleanup Site List

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SLIDE 6

Decreasing Numbers of Sites Pending Cleanup

500 1000 1500 2000 2500 3000

4/19/2001 1/14/2004 10/10/2006 7/6/2009 4/1/2012 12/27/2014 9/22/2017

Number of UST Sites

2,809 sites in April 2002 2011 Reg Amendments 793 sites in January 2015 678 March 2016

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SLIDE 7

200 400 600 800 1000 1200 1400 1600 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017

# Sites Date

Closure Corrective Action Site Investigation

Site Spend Less Time in Investigation

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SLIDE 8

Timely Site Characterization & Technology

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SLIDE 9

Workload per Project Manager ≈ 50 Sites

Less time in Site Investigation while Corrective Action Workload increasing. Sections merged in 2015.

20 40 60 80 100 120 140 160 2004 2006 2008 2010 2012 2014 2016

# Sites Date

AE CA

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SLIDE 10

Registration Workload Steady

1 10 100 1000 10000 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

# of Tanks Date

Registrations Received New Registrations Tanks Installed in Calendar Year New Registrations Expected

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SLIDE 11

Claims and Payments

  • 1. C&P processing payments within one week verses 3

months prior to 2011.

  • 2. Gaining contractors support in regards to project

efficiency

  • 3. Forms and documents through electronic submittal
  • 4. Monthly notices to PM regarding $ remaining per site.
  • 5. Moving all records functions into a single database

TEMPO.

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SLIDE 12

Before Fixed Cost

Directive Cost Estimate Complete SOW Project Manager reviews report Claims and Payments reviews report Adjusts payment based on receipts and timesheets “Not to Exceed Amount”

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SLIDE 13

Fixed Cost

Complete SOW Project Manager reviews report Adjusts payment based on technical completeness Directive and Worksheet

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SLIDE 14

2011 Regulations and Management

  • Provide for fixed cost reimbursement with each directive
  • Timely, consistent payment

– Contractor Cost Outline – Project manager communicates technical completeness

  • Clarity in expectations between the eligible company and

USTB

  • Philosophy of Partnership working on behalf of the tank
  • wner/operator!
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SLIDE 15

15

Recent Legislative Session Affect USTB Fund

  • Red Tag for failure to register Jan. 6th 2016
  • Extension dates for PST and SOTRA HB 187

– PST must register by July 15, 2021. – PST reimbursements until July 15, 2024. – SOTRA application received until July 15, 2021

(Strong Support from KPMA, tank Owner/Operators & UST Contractors)

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SLIDE 16

The greatest risk to the fund is:

  • Communicate Failure with
  • owners/operators
  • USTB
  • contractors
  • Unresponsive to Directives
  • Outstanding Obligations
  • Failure to Execute Work
  • Angry tank
  • wners/operators
  • Dated Characterization
  • State Budget
  • Support

The FUTURE of the FUND is Up to You

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SLIDE 17

DCM Program & Relative Compliance

Compliance Rates:

  • DCM compliance rate: 91%
  • TOOLS, owners/DCMs like training online

at their own pace & schedule

  • New federal regulations in TOOLS update

Improvements:

  • Under the new Federal regulations
  • wners/operators will be required to do

monthly walk through. The clear intension

  • f the fed. Reg. is to have the individuals

involved in the daily operations knowledgeable and involved in compliance.

  • Actual compliance in general is down. We

don’t know if there is any relationship with DCMs, but the fear is that some owners have abdicated responsibilities to DCMs who do little more than take the TOOLS test on the owner/operators behalf.

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SLIDE 18

Understanding Tank Population

60% 40%

Small Owners Compliance Rate

Out of compliance In compliance 37% 63%

Large Owners Compliance Rate

  • ut of compliance

In compliance

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SLIDE 19

Tank Age to Violations

10 20 30 40 50 60 70 Pre 1998 Tanks Post 1998 Tanks 66% 34%

Facility's Age and Percent

  • f Violations for a Large

Corporate Operator

10 20 30 40 50 60 70 80 90 Pre 1998 Tanks Post 1998 Tanks 82% 18%

Facility Age and Percent of Violations for Small Operators

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SLIDE 20

New Regulations (Federal Impetus)

Idealized EVENT DESCRIPTION: 2017 UST Regulations TIME DATE UPDATED/ CONFIRMED Announce start of regulation writing process 2/16/16 2/16/16 Distribute list of suggested reg. changes to UST sections 2/16/16 2/16/16 Initial reg. rewrites from sections to management 3/15/16 3/15/16 Collect comments from review group 3/17/16 3/17/16 Identify if statutory changes are needed 3/17/16 3/17/16 First regulatory change package from review group for internal review by UST Branch via supervisors 4/7/16 Discussions with Fire Marshal’s Office Started 4/15/16 Statutory proposals due June 1, 2016 Informal vetting with stakeholders June 2, 2016 Drafts sent to LRC for Pre-Review 7/15/16 Finalize Regulation Proposal 7/24/16 Request Formal Legal review 8/7/16 Announce External Vetting Meeting Open Date File regulation (including electronically). 10/14/16 Public Comment Period begins (15 day period) 10/14/16

  • Reg. published in Administrative Register (AR)

By Noon 11/1/16 Hold Public Hearing—301D

  • Nov. 21, 2016

Public Comment Period ends

  • Nov. 30, 2016

Send Statement of Consideration (SOC) to commenters 15th day following of month following AR publication Prepare Suggested Amendments response N/A Referred to LRC (Standing Committees) January 2017 Regulations becomes effective During Session (At close of House and Senate Natural Resources Committee hearings or 30 days if not place on agenda)