USTs 101

Carin Lee Kromm, L.GNorth Carolina Department of Natural

Resources, Division of Waste Management, UST Section

Curriculum Vitae1982-1986: University of Delaware, B.S.

Geology; Newark Delaware1987-1989: Asbestos Laboratory Technician,

Hauppauge New York1989-1990: Field Geologist, Cape Coral, Florida1990-1995: Staff Geologist-Project Geologist,

Bethesda Maryland1995-2011: Project, Senior, and Principal

Geologist, Greensboro and Winston-Salem, North Carolina

2011-UST: Section Supervisor, Winston-Salem, NC

The Clean Water Act of 1972

EPA was established on December 2, 1970

The Federal Water Pollution Act was amended six more times before it was finally rewritten in 1972 and amended in 1977 and is now known as the Clean Water Act (CWA)

Since 1977, the CWA has been amended several more times.

Where did it all begin??

Federal UST RegulationsCongress passed several laws to address the

nationwide problem of leaking USTs.1978 Oil Pollution and Hazardous

Substance Act1984 Subtitle I was added to the Solid

Waste Disposal Act and Solid Waste Amendments

1986 Superfund Amendments Reauthorization Act (SARA)

EPA directed the States to implement similar programs

Division of Waste Management

UST SectionCorrective Action Branch (CAB) – Addresses

petroleum Releases

Permits and Inspections Branch(PIB) – Addresses current and operating UST systems

Trust Fund Branch (TFB) – Establishes eligibility and reimburses the Responsible Party cost to cleanup releases from UST Systems

North Carolina Regulations Pertaining to the UST Section

North Carolina Administrative Code (NCAC) Title 15A, Environment and Natural Resources

Chapter 2, Environmental Managementhttp://ncrules.state.nc.us/ncac.asp?folderName=\Title%2015A%20-%20Environment%20and%20Natural%20Resources\Chapter%2002%20-%20Environmental%20Management

February 1976 Subchapter 2B -Surface Water and Wetland Standards

February 1976 Subchapter 2C - Well Construction Standards

June 1979 Subchapter 2L - Groundwater Classification and Standards

North Carolina Regulations Pertaining to the UST Section (Continued)

January 1991 Subchapter 2N Underground Storage Tanks

July 1992 Subchapter 2OFinancial Responsibility for Owner/Operators of USTs

February 1993 Subchapter 2P – Leaking Underground Storage Tank Cleanup Funds

UST SECTION is responsible for:UST SECTION is responsible for:All Releases Pertaining to Petroleum Products

from the following sources:Aboveground Tanks (ASTs);USTs;Oil/Water Separators;Generators;Hydraulic liftsOverturned Vehicles –Cars, Tankers and Semis;

andSpills.

What is a Spill or Release?Definition (for UST releases)

Definition (non-UST spills)

Any spilling, leaking, emitting, discharging, escaping, leaching or disposing from a UST system into groundwater, surface water or subsurface soil.

Reportable Release: Any quantity!

Any spilling leaking, emitting, discharging, escaping, leaching or disposing into groundwater, surface water, or soil (above or below ground).

Reportable Release: Equal to or greater than 25 gallons.

How are Releases from Home Heating Oil USTs Discovered?Property Transfers

Phase I Environmental Site Assessments (usually not required by lender for a residential home)

Home Inspection (visual observation)

Homeowner Disclosure (home is heated by fuel oil)

Soil sampling in the vicinity of UST.

Removal of USTContaminated water-

supply wellContaminated surface

water body or low area where water pools after a rain event.

Odors/Vapors in basement or crawlspace.

Home Heating Oil USTs Are UNREGULATED

Until A Release IS Discovered, then it becomes REGULATED.

What does that mean?Regulated USTs Vs Non-Regulated USTs

Regulated USTs are defined as:

Any underground storage tank containing regulated substances as defined in 15A NCAC 2N), specifically petroleum and are subject to the UST Closure, Assessment and Cleanup Rules.

(Including but not limited to gasoline, diesel, and used/waste oil)

Non-Regulated USTs are defined as:

Heating oil USTs that are used on the premises where stored a

Farm or residential heating oil USTs less than 1,100 gallons in capacity and used for non-commercial reasons.USTs less than 110 gallons in capacity.

Any heating oil UST greater than 1,100 gallons used on premises where stored by four or fewer households

USTs are not required to be removed from the ground or closed by any specific procedure.

Soil and groundwater samples are not required at closure.

If a Release is Not Suspected

If a Release is Suspected

The UST must be repaired or removed, and soil and groundwater must be assessed.

Soil ContaminationFuel oil can migrate

via the pathways of least resistance such as pipelines, more porous soil, and natural cracks and fissures.

Groundwater Contamination

Now What?Initial Abatement Actions must be performed

by the Responsible Party (RP)Who is the RP? Good Question!

The RP is defined as a UST owner, UST operator, and/or landowner seeking reimbursement from the NC State Trust Fund, or any person who is responsible for a discharge or release of petroleum

NCDENR requires Notification of a Release

within 24- Hours of Discovery

Initial Abatement ActionsHire a Licensed Geologist or Professional

Engineer (work must be overseen and reports must be sealed by licensed professional).

Remove Contaminated SoilCollect Confirmation Soil SamplesInvestigate the Presence of Free ProductAbate Free Product, if presentProvide Notification to NCDENRSubmit an Initial Abatement Action Report to

NCDENR

Regulated UST Rules “Risk-Based Rules”

Receptors such as water supply wells, places of public assembly, day cares, schools, land use, surface water bodies, wellhead protection areas, deep aquifers in the Coastal Plain .

Land Use (current and future) such as Residential, Commercial, Industrial. NCDENR assumes Residential Land Use until proven otherwise.

Petroleum constituents detected in soil and groundwater are allowed to be left at different concentrations based on the results of the receptor survey (Risk Classification-High, Intermediate, Low).

Incident Risk ClassificationHigh Risk Classification:

Water Supply Well, including those used for non-drinking purposes is contaminated by the release

A water supply well used for drinking is located within 1,000 feet of the source area.

A water supply well no used for drinking is located within 250 feet of the source area

Contaminated groundwater within 500 feet of the source area is has a potential for use in the future and there is no other source of water.

The vapors from the release pose a serious threat of explosion due to the accumulation of vapors in a confined space.

The release poses an imminent danger to public health, public safety or the environment.

Incident Risk ClassificationIntermediate Risk Classification:

The High Risk Classification Criteria does not apply

Surface water body is located within 500 feet of the source area.

Free product is present on groundwater.Groundwater concentrations are greater than

the Gross Contaminant Levels (GCLs)

Low Risk Classification:Does not meet any criteria defined as High or

Intermediate Risk

Risk-Based StandardsSoil Standards:

Soil-to-Groundwater Maximum Soil Contaminant Concentrations (MSCCs)-Most protective of groundwater quality.

Residential MSCCs –Most protective of the sensitive human and environmental population.

Industrial/Commercial MSCCs-Most protective of the occasional visitor and worker populations.

Groundwater Standards:

2L Groundwater Quality Standards-The lowest standards. Some are lower than EPA drinking water standards.

Gross Contaminant Levels - Approximately 1,000 times the 2L Groundwater Quality Standard.

Risk-Based Remediation Goals

High Risk Remediation Goals: Soil must be cleaned up to below

the Soil-to-Groundwater MSCCs*.

Groundwater must be cleaned up to below the 2L Groundwater Quality Standards.

* Polynuclear aromatic hydrocarbons (PAHs) are most harmful to the sensitive human population so that the Residential MSCCs for these concentrations are lower than the Soil-to-Groundwater MSCCs and would apply for closure.

Intermediate and Low Risk Remediation Goals:

Soil must be cleaned up to below the Residential MSCCs, if site is zoned as residential property* .

Soil must be cleaned to below the Industrial/Commercial MSCCs if the site is zoned as Industrial/ Commercial property *.

Groundwater must be cleaned up to below the GCLs or will not cause the 2B Surface Water Quality Standards to be exceeded by a factor of 10 by the time it reaches the surface water body.

* The rules change appropriately if rezoned in the future. NCDENR assumes that all sites are Residential until proven otherwise.

Risk Reduction and Closure High Risk Classification:

Reduce the risk by permanently closing water supply wells; and

Provide municipal water to residents, if available.

Intermediate Risk Classification: Complete enough

remediation to remove free product from the groundwater surface.

Complete enough remediation to reduce petroleum concentrations in groundwater to below the GCLs.

Complete enough soil remediation to reduce soil concentrations to below the Residential MSCCs or Industrial/Commercial MSCCs, if applicable.

Land Use RestrictionsA Notice of Residual Petroleum (NORP/NRP)

must be filed with the appropriate County Register of Deeds for those sites that have not been remediated to below the “Unrestricted Use Standards” prior to a land transaction and issuance of a Notice of No Further Action.

Unrestricted Use Standards are considered to be the Soil-to-Groundwater/Residential MSCCs and the 2L Groundwater Quality Standards.

NFA with a NORPHigh Risk Sites:No NORP unless the risk has been reduced to

Intermediate or Low.Intermediate and Low Risk Sites:NORP where the Residential MSCCs and the

2L Groundwater Quality Standards are exceeded.

Public Notice is required when a NORP is used as a vehicle to closure.

LUST Trust FundHome Heating Oil USTs are considered to be

Non-Commercial USTs and eligible for the Non-Commercial Trust Fund.

Subject to Eligibility Verification by the Trust Fund Branch of the UST Section. (Statutory Tank Owner is determined by the date of last use-Last used after November 8, 1984)

No DeductibleOnly cleanup costs for “directed work” are

reimbursable (no reimbursement for pre-closure assessment and UST closure costs)

Only sites that are ranked as H350 are considered to be directed. Hasn’t changed since October 9, 2006. Ensures the funds solvency.

Some Unregulated USTs, Surface Spills, and AST Rules

No Risk-Based Rules!

Non-UST RulesRegulated under the Oil Pollution and Hazardous

Substance Act of 1978 and the 15A NCAC 2L, Groundwater Classifications.

Like home heating oil USTs, ASTs are considered to be unregulated and no closure procedures are required.

However, if a release is indentified soil and groundwater assessment is required to be completed.

Soil contamination must be cleaned up to Soil-to-Groundwater MSCCs

Groundwater contamination must be cleaned up to the 2L Groundwater Standards.

Risk-Based rules may be coming.

Where does the funding for this program come from?

Issue permits to operating facilities, collect annual permit fees

Trust Fund (Operators pay permit fees) pays program salaries and also aids RPs with cleanup costs.

Gas Tax (1/32 of a penny)EPA Funding Grants

Money doesn’t grow trees, right?