CLOSEOUT REPORT CALIFORNIA ABANDONED UNDERGROUND STORAGE TANK INITIATIVE APRIL 2017 Prepared by Redhorse Corporation, a U.S. EPA Contractor on behalf of the State Water Resources Control Board 1 From April 2013 to November 2016, the California State Water Resources Control Board (State Water Board) and U.S. Environmental Protection Agency (U.S. EPA) partnered with the Unified Program Agencies (UPAs) on the Abandoned Underground Storage Tank Initiative (Initiative). The Initiative achieved compliance at 208 of 327 sites reported to have improperly abandoned underground storage tanks (USTs) (see chart below). An inventory of sites in compliance by UPA is available in Appendix A. OVERVIEW OF THE ABANDONED UST INITIATIVE In order to address contamination and safety concerns at abandoned UST sites, the Initiative invested significant time and effort in researching UST and property records, issuing State Water Board directive letters, and educating individual property owners on tank closure procedures and funding programs. Once property owners were identified, consistent communication was utilized to develop effective strategies to gain compliance. Successful strategies to gain compliance included tracking events and milestones, setting consistent deadlines, routinely following up with site representatives via phone or email, offering free advice, and hosting in‐person workshops. For the unaddressed abandoned USTs, agency partners began measuring (gauging) the amount of hazardous liquid present in September 2015. In April 2016, U.S. EPA began pumping and sealing those USTs identified with significant product present. Starting in February 2017, UPAs will resume lead responsibility for addressing improperly abandoned USTs. Results Achieved 212 USTs Properly Removed or Closed In Place at 91 Sites 142 USTs Gauged for Hazardous Liquids at 48 Sites 45 USTs Pumped & Sealed at 16 Sites (16,567 Gallons Removed) Correspondence with Property Owners 327 Property Owners Identified 308 Property Owners Engaged 292 Notices of Non‐Compliance Issued by State Water Board for 191 Sites 163 Notices of Violation Issued by State Water Board for 134 Sites USTs Removed, 83 Sites (40%) USTs in Service, 51 Sites (25%) USTs Closed in Place, 8 Sites (3%) Exempt USTs, 11 Sites (5%) Historic UST Removal Confirmed, 55 Sites (27%) 208 Sites Confirmed to be in Compliance
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CLOSEOUT REPORT CALIFORNIA ABANDONED UNDERGROUND STORAGE TANK INITIATIVE
APRIL 2017
Prepared by Redhorse Corporation, a U.S. EPA Contractor on behalf of the State Water Resources Control Board 1
From April 2013 to November 2016, the California State Water Resources Control Board (State Water Board) and U.S. Environmental Protection Agency (U.S. EPA) partnered with the Unified Program Agencies (UPAs) on the Abandoned Underground Storage Tank Initiative (Initiative). The Initiative achieved compliance at 208 of 327 sites reported to have improperly abandoned underground storage tanks (USTs) (see chart below). An inventory of sites in compliance by UPA is available in Appendix A.
OVERVIEW OF THE ABANDONED UST INITIATIVE
In order to address contamination and safety concerns at abandoned UST sites, the Initiative invested significant time and effort in researching UST and property records, issuing State Water Board directive letters, and educating individual property owners on tank closure procedures and funding programs.
Once property owners were identified, consistent communication was utilized to develop effective strategies to gain compliance. Successful strategies to gain compliance included tracking events and milestones, setting consistent deadlines, routinely following up with site representatives via phone or email, offering free advice, and hosting in‐person workshops.
For the unaddressed abandoned USTs, agency partners began measuring (gauging) the amount of hazardous liquid present in September 2015. In April 2016, U.S. EPA began pumping and sealing those USTs identified with significant product present.
Starting in February 2017, UPAs will resume lead responsibility for addressing improperly abandoned USTs.
Results Achieved
212 USTs Properly Removed or Closed In Place at 91 Sites
292 Notices of Non‐Compliance Issued by State Water Board for
191 Sites
163 Notices of Violation Issued by State Water Board for 134 Sites
USTs Removed, 83 Sites (40%)
USTs in Service, 51 Sites (25%)
USTs Closed in Place, 8 Sites (3%)
Exempt USTs, 11 Sites (5%)
Historic UST Removal Confirmed, 55 Sites (27%)
208 Sites Confirmed to be in Compliance
CLOSEOUT REPORT CALIFORNIA ABANDONED UNDERGROUND STORAGE TANK INITIATIVE
APRIL 2017
Prepared by Redhorse Corporation, a U.S. EPA Contractor on behalf of the State Water Resources Control Board 2
Former Dauer Petroleum – Returned to Compliance in August 2016
In 1992, four USTs with capacity to store 22,000 gallons of fuel were abandoned at Dauer Petroleum in Fresno.
Fresno County, the Certified Unified Program Agency (CUPA), referred the site to the Abandoned UST Initiative in 2013, and it then sold at tax auction for less than $10,000 to an individual using a post office box in Los Angeles County. The State Water Board issued a Notice of Non‐Compliance to the new owner, along with materials to assist with compliance including fact sheets on UST removal and funding options.
Agency partners continued to pursue compliance when the owner failed to respond to the Notice of Non‐Compliance. A Notice of Violation was then issued by the State Water Board, as did phone and mail invitations to participate in a Southern California abandoned UST workshop. After the Fresno County District Attorney called the owner in for an office hearing in 2015, the owner sold the property online without disclosing the USTs.
The newest owner granted the State and U.S. EPA access to gauge, empty, and seal the tanks after learning of escalating regulatory efforts. Four months later, the new owner properly removed the tanks.
LEVERAGING STATE AND FEDERAL FUNDING
The Initiative provided owners with one‐on‐one assistance for determining initial eligibility and applying to state and federal funding programs designed to assist with UST removals and site assessment and cleanup. These efforts leveraged $913,042 in funding (see below). U.S. EPA’s Targeted Brownfields Assessment (TBA) Program conducted site assessment and removed tanks at four (4) sites in an effort to facilitate planned redevelopment and reuse. Additionally, the Replacing, Removing, or Upgrading Storage Tank (RUST) Program approved eight (8) sites for loans or grants.
TBA Program
Site Name City Funding Approved
Iglesia de Dios (Planned Reuse: Youth Center) Los Angeles (uninc.) $132,368
American & Foreign (Planned Reuse: Quick Service Restaurant)
Fresno $138,000
Goffs General Store (Planned Reuse: General Store & Café)
Essex $64,894
RUST Program
Eroza‐Grasso LLC Lancaster $32,800 (loan)
Miller Oil Sebastopol $89,986 (grant and
loan)
Onyx Emporium Onyx $50,000 (grant)
Junny’s Market Hesperia $70,000 (grant)
First USA Gas Vallejo $57,581 (grant)
Hooper’s Carpet Compton $48,598 (loan)
TLC Carwash Bellflower $46,500 (loan)
P & S Automotive Los Angeles $54,000 (loan)
Total State & Federal Funding Leveraged $913,042
CLOSEOUT REPORT CALIFORNIA ABANDONED UNDERGROUND STORAGE TANK INITIATIVE
APRIL 2017
Prepared by Redhorse Corporation, a U.S. EPA Contractor on behalf of the State Water Resources Control Board 3
LESSONS LEARNED Throughout the Initiative, the State Water Board and U.S. EPA identified impediments to gaining compliance at abandoned UST sites. Procedures for tracking, inspecting, and enforcing regulations at abandoned UST sites are not clearly established for the UPAs. In cases where the property owner never operated the abandoned USTs, the owners did not understand their financial liability or the health and environmental concerns associated with the abandoned USTs. Based on this scenario, a toolbox of resources was developed to help UPAs with case management, tracking, and enforcement (see chart below). The toolbox is available on the State Water Board’s Abandoned UST webpage.
Lesson Learned Resource Developed
UPAs need to improve tracking of
regulatory action, verbal and written
communication, and any steps taken
by the UPA and property owners.
Letter to UPAs from the State Water Board explains the
requirement to conduct inspections annually and to
track abandoned UST sites in the California
Environmental Reporting System (CERS). Violations for
the UPAs to cite are also included.
UPAs need assistance with obtaining
contact information for property
owners.
Tips for Responsible Party Searches provides free online
and public resources to assist UPAs with finding good
contact information. Collaboration with different County
Department, such as the Recorder/Tax
Collector/Assessor, will be necessary in some instances.
Property owners, especially those
who have never operated USTs, need
step‐by‐step easily identifiable
instructions for bringing sites into
compliance.
Tank Closure & Cleanup Fact Sheet provides owners with
information on risks associated with potentially leaking
USTs, using simple language to guide them through the
UST removal process and the initial stages of a UST
cleanup.
No single reference document existed
to explain the multiple State Water
Board funding programs available for
UST removal, assessment, and
cleanup.
Funding Program Matrix lists State Water Board funding
through questions to ask property owners and directs
them to specific funding program fact sheets.
CLOSEOUT REPORT CALIFORNIA ABANDONED UNDERGROUND STORAGE TANK INITIATIVE
APRIL 2017
Prepared by Redhorse Corporation, a U.S. EPA Contractor on behalf of the State Water Resources Control Board 4
CONTINUED NON-COMPLIANCE
While 119 sites with abandoned USTs remain out of compliance, actions have been taken at these sites to prevent tanks from leaking contamination into the soil and groundwater. An inventory of out of compliance sites by UPA is available in Appendix B. The U.S. EPA’s contractors gauged the USTs with accessible fill ports at sites where petroleum product was present or suspected to be present (142 USTs at 48 sites). This enabled U.S. EPA and the State Water Board to orchestrate the pumping and sealing of USTs that contained significant product (45 USTs at 16 sites). (See Appendix C for a list of all sites with no petroleum product present, including sites where UPAs confirmed there was no product.) UST contents are still unknown at 43 sites; this is attributed to inaccessible fill ports at 19 sites and owners not cooperating or granting access at 24 sites where tank gauging was attempted. (See Appendix D for a list of sites with unknown product present.) While 14 sites are known to have USTs with some petroleum product still present, these USTs were not pumped because either the property owner would not provide access or the amount of product measured was negligible. A list of sites, with details on the residual product inside the USTs is provided in Appendix E.
Example of a Site Remaining Out of Compliance – Doyal’s Market (Fresno County)
Three 8,000‐gallon single‐wall steel tanks located 250 feet from the Kings River in Piedra.
It is unknown whether product remains in the tanks, and the property owner was unresponsive to calls and written requests to gauge the tanks.
The site is not fenced, but the fill ports for the tanks are locked. A warrant would be needed to break the locks and access the tanks.
The site is not eligible for the State’s Emergency, Abandoned, and Recalcitrant (EAR) Account because a leak has not been confirmed; however, the fact that the tanks are single‐wall steel and its close proximity to the river make this a high‐risk site.
USTs with Product, 14 Sites (12%)
USTs with Unknown Product, 43 Sites (36%)
USTs without
Product, 62 Sites (52%)
119 Sites Out of Compliance
CLOSEOUT REPORT CALIFORNIA ABANDONED UNDERGROUND STORAGE TANK INITIATIVE
APRIL 2017
Prepared by Redhorse Corporation, a U.S. EPA Contractor on behalf of the State Water Resources Control Board 5
REMAINING CHALLENGES
Sites Located in Blighted Communities Abandoned UST Sites tend to be located in blighted communities across the state. The map below shows Abandoned UST Sites in a portion of Los Angeles County where communities are disproportionately burdened by multiple sources of pollution and underserved by community health services. The risks associated with potentially contaminated properties, combined with limited economic development in these areas, make it challenging for prospective property owners or developers to invest in these properties. RUST grants can be an effective tool for removing abandoned USTs in these communities, but RUST loans have not been sufficient to attract investment in most cases. The State Water Board’s Orphan Site Cleanup Fund and EAR Account programs can cover UST removal for sites with confirmed contamination, but it’s unknown whether most of the abandoned UST sites have confirmed contamination or not. Property Owner Transfers Properties with abandoned USTs are repeatedly sold via public tax auction or “as‐is” private sales to unsuspecting buyers. When this happens, UPAs have to repeat every step in the compliance process from the beginning. New owners with little knowledge of UST requirements must be educated, tank closure permit applications must be reprocessed, and applications for funding programs must be resubmitted and eligibility must be reevaluated. The enforcement processes also must begin again. Although owners can apply for several funding programs, many are finding it simpler to resell their property to another unsuspecting buyer. As long as these property transfers continue, regulatory efforts to address abandoned USTs will continue to be a struggle.
Data Sources: CalEPA, Office of Environmental Health
Hazard Assessment, California Communities Environmental Health Screening Tool (CalEnviroScreen 2.0 or CES) (Note: only the highest 10% of CES scores are shown).
Uniform Data System Mapper, U.S.
Department of Health and Human Services, Health Resources and Services Administration.
CLOSEOUT REPORT CALIFORNIA ABANDONED UNDERGROUND STORAGE TANK INITIATIVE
APRIL 2017
Prepared by Redhorse Corporation, a U.S. EPA Contractor on behalf of the State Water Resources Control Board 6
REMAINING CHALLENGES (CONTINUED)
Limited Funding at UPAs for Non‐Permitted Sites Owners of non‐permitted abandoned UST sites rarely pay annual permit fees. The UPAs that regulate active UST facilities depend on permit fees for their operation costs, and it becomes challenging to allocate resources when these fees are not paid. UPAs require significant resources to address abandoned UST sites, including time to track down the property owners, conduct annual inspections, and provide guidance on compliance requirements and funding programs. UPAs are also not equipped to gauge and pump tanks.
Limited Effectiveness of Existing Enforcement Tools Additional enforcement actions are necessary to address abandoned UST sites that remain out of compliance. While the greater concern is for sites with tanks containing product, empty tanks still need to be removed to prevent their future use as a convenient place to dump hazardous substances. It is also important to determine if a leak occurred in the past. The State Water Board and UPAs will need to utilize existing enforcement tools, and consider developing new approaches. Below is a summary of the existing enforcement tools and their limitations for addressing abandoned UST sites:
(A) Red‐Tagging: For UST Facilities with significant violations, UPAs may affix red tags to a UST fill pipe to prevent future fuel deliveries. However, at abandoned UST sites that have not been in operation for years, owner(s) do not depend on income from the sale of fuel at the site. Red‐tagging is far more effective at sites with active operating permits.
(B) Administrative Enforcement Orders (AEOs): In an AEO, UPAs specify the compliance activities, deadlines, and penalties that must be paid. An owner can contest the order triggering an appearance before an administrative law judge to make their case. Many abandoned UST sites are not in compliance with tank closure requirements because the owner faces financial hardship. Thus, assessing penalties will not help, but could instead take away the limited resources the owner may have to pay for tank closure.
(C) Cleanup & Abatement Orders (CAOs): Under the California Water Code, it is possible for the State Water Board to issue a CAO requiring the property owner to close the USTs, under the premise that continued non‐compliance “threatens to cause or permit any waste to be discharged or deposited where it is, or probably will be, discharged into the waters of the state and creates, or threatens to create, a condition of pollution or nuisance” (California Water Code, Section 13304). If the property owner fails to comply with the order, then the State Water Board could assess penalties through an Administrative & Civil Liabilities Complaint and place a lien on the property for enforcement costs expended if the owner is unable to pay the penalty. However, given limited legal and technical resources, precedence for pursuing CAOs is assigned to sites with known contamination. The State Water Board is also less likely to recoup their enforcement costs for abandoned USTs.
(D) Emergency, Abandoned, and Recalcitrant (EAR) Account: Through the EAR Account, the State Water Board can conduct fieldwork and place liens on UST properties for costs incurred. However, the program requires that contamination be confirmed for a site to be eligible. There has been no field investigation conducted at most of these sites. While the newer Site Cleanup Subaccount (SCAP) has not yet been utilized to conduct fieldwork at abandoned UST sites, it may be possible to identify and investigate contamination sources through this program in the future.
Appendix A: In Compliance Abandoned UST Sites by Unified Program Agency
# GLOBAL ID PROJECT NAME STATUSADDRESS
DESCRIPTIONCITY LEAD
1 UST10000132 SLATER BUILDINGIN COMPLIANCE - USTS
REMOVED40 STATE HWY 49/88 JACKSON AMADOR COUNTY
2 UST10000133 THORNHILL RESIDENCEIN COMPLIANCE - STATE
EXEMPT USTS615 PITT STREET JACKSON AMADOR COUNTY
3 UST10000135 ALBIANI TRUSTIN COMPLIANCE - STATE
EXEMPT USTS
17918 LATROBE
ROADPLYMOUTH AMADOR COUNTY
4 UST10000300LA PALMA GAS INC DBA
LA PALMA GAS
IN COMPLIANCE - USTS IN
SERVICE
2604 W LA PALMA
AVENUEANAHEIM ANAHEIM CITY
5 UST10000043BURBANK AUTO
REPAIR/ FLEET FUELING
IN COMPLIANCE - USTS IN
SERVICE
800 N HOLLYWOOD
WAYBURBANK BURBANK, CITY OF
6 UST10000173 1ST STOPIN COMPLIANCE - USTS IN
SERVICE2401 5TH AVE. OROVILLE BUTTE COUNTY
7 UST10000174 WILLIAM DUTRAIN COMPLIANCE - USTS
CLOSED IN PLACE
2672 CHICO RIVER
RD.CHICO BUTTE COUNTY
8 UST10000167 HABER OILIN COMPLIANCE - USTS
REMOVED220 HOOKSTON PLEASANT HILL
CONTRA COSTA
COUNTY
9 UST10000168 RODEO 76IN COMPLIANCE - USTS IN
SERVICE401 PARKER AVENUE RODEO
CONTRA COSTA
COUNTY
10 UST10000169 CUTTING GAS & FOODIN COMPLIANCE - USTS IN
SERVICE1001 CUTTING BLVD RICHMOND
CONTRA COSTA
COUNTY
11 UST10000046MISSOURI FLAT
STATION
IN COMPLIANCE - USTS IN
SERVICE
4535 MISSOURI FLAT
RDPLACERVILLE EL DORADO COUNTY
12 UST10000262AGRICHEMICAL SALES &
SERVICE
IN COMPLIANCE - STATE
EXEMPT USTS8715 S ELM FRESNO FRESNO COUNTY
13 UST10000263 AMERICAN & FOREIGNIN COMPLIANCE - USTS
REMOVED603 BROADWAY FRESNO FRESNO COUNTY
14 UST10000264AQUARIUS AQUARIUM
INSTITUTE
IN COMPLIANCE - USTS
REMOVED
N PARKWAY &
HERNDON AVEFRESNO FRESNO COUNTY
15 UST10000265BIG G'S AUTOMOTIVE
CENTER
IN COMPLIANCE - USTS
REMOVED1091 N ST FIREBAUGH FRESNO COUNTY
16 UST10000266CHANDLER
DOWNTOWN AIRPORT
USTS CLOSED OR REMOVED
HISTORICALLY
510 W KEARNEY
BLVDFRESNO FRESNO COUNTY
Prepared by Redhorse Corporation, a U.S. EPA Contractor on behalf of the State Water Board 1 of 16
Appendix A: In Compliance Abandoned UST Sites by Unified Program Agency
# GLOBAL ID PROJECT NAME STATUSADDRESS
DESCRIPTIONCITY LEAD
17 UST10000267 CLEMENT APIARIESUSTS CLOSED OR REMOVED
HISTORICALLY
16240 W
WHITESBRIDGEKERMAN FRESNO COUNTY
18 UST10000268
CITY OF CLOVIS
(FORMER CLOVIS
CONCRETE PIPE)
IN COMPLIANCE - USTS
REMOVED748 FIFTH ST CLOVIS FRESNO COUNTY
19 UST10000269COLD STORAGE
FACILITY (FORMER)
USTS CLOSED OR REMOVED
HISTORICALLY
15628 E NEBRASKA
AVEKINGSBURG FRESNO COUNTY
20 UST10000270COLONIAL VAN &
STORAGE
IN COMPLIANCE - USTS
REMOVED215 BROADWAY FRESNO FRESNO COUNTY
21 UST10000271 D&L PRODUCENO EVIDENCE OF USTS EVER
PRESENT10463 S DEL REY AVE SELMA FRESNO COUNTY
22 UST10000272ESTATE OF ROSARIO
BIANES
IN COMPLIANCE - USTS
REMOVED36781 W SHAW FIREBAUGH FRESNO COUNTY
23 UST10000273 FIRE STATION #3IN COMPLIANCE - USTS
REMOVED1406 FRESNO ST FRESNO FRESNO COUNTY
24 UST10000274FORMER DAUER
PETROLEUM
IN COMPLIANCE - USTS
REMOVED4640 N BIOLA ST BIOLA FRESNO COUNTY
25 UST10000108 GOFFS GEN STOREOUT OF COMPLIANCE - USTS