July 1996
The phrase "out of sight, out of mind" is an apt description of a long-standing problem associated with Underground Storage Tanks (UST). Not too many years ago, prior to UST registration requirements and Subtitle 1 of RCRA, property owners would often ignore old, non-functioning USTs just leaving them in the ground and letting nature take its course with the tank and its contents.
But today the price of such blissful ignorance could be financially devastating to the property owner. Under current EPA and DEQ regulations, financial liability for cleaning up a contaminated UST site falls on the property owner and operator. And with the termination of the Michigan Underground Storage Tank Financial Assistance Act (MUSTFA) last year, UST site owner/operators in Michigan must now obtain private contamination insurance or pay cleanup costs out of their own pocket.
This situation is further complicated by new Federal rules regarding "existing USTs" (those installed before December 22, 1988) which become effective on December 22, 1998. Failure to properly upgrade, close or replace an existing UST could result in substantial fines and penalties to the property owner.
With this new deadline fast approaching, owners of both new and existing USTs should take the necessary steps now to eliminate the likelihood of a costly leak and ensure that their tanks are in compliance with current state and federal regulations.
According to current federal UST regulations, property owners/operators with existing USTs, those installed before December 22, 1988, must either upgrade, properly close or replace these tanks by December 22, 1998.
Property owners with existing USTs should not wait until 1998 to take action. By starting the process of upgrading, closing or replacing USTs now, owner/operators can avoid potential problems such as:
To upgrade an existing UST, the owner must provide spill, overfill and corrosion protection. Spill protection requires that the existing tank have a catchment basin to contain spills from delivery hoses. To satisfy the requirements for overfill protection, an existing UST must be equipped with one of the following: automatic shutoff devices, overfill alarms or ball float valves.
The requirements for corrosion protection offer the owner the most alternative corrective action options. To be in compliance with the corrosion protection regulations, an existing UST needs to satisfy only one of the following conditions. It can include:
In addition, existing piping must also match one of the following conditions. It can be: uncoated steel piping with cathodic protection steel piping with a corrosion-resistant coating and cathodic protection, or piping made of (or enclosed in) noncorrodible material such as fiberglass.
Finally, gauging systems must be in place to monitor the volume and temperature of the tank contents at a predetermined frequency, either daily, weekly or monthly.
In certain circumstances it may be more economically feasible to simply close the tank in place. If a business foresees only a limited use for the tank or has recently installed a newer tank, it may elect to close the tank rather than upgrade it, provided that this is permitted by local law. At a minimum, the UST must be filled with a load-bearing inert material to eliminate the danger of a hole created by the collapse of the old tank's empty walls.
Typically, closed tanks are filled with either sand, concrete or polyurethane foam. As part of the tank closure, the soil surrounding the tank must be tested by a qualified consultant for contamination and the results provided to the DEQ.
In Michigan, closing a tank in place is the exception rather than the rule. To qualify, a tank must be subject to certain special circumstances. For example, a tank can be closed in place if the tank is adjacent to or under the foundation of a building, where removal would damage the building.
For more information on environmental programs for your business, contact Mr. Thomas Wackerman, Managing Partner at Applied Science &Technology, Inc. at 800.395.ASTI or visit our homepage
There are many options for closing USTs. In our next issue we continue our discussion of the upcoming UST deadline with a look at tank removal and site clean-up.
On October 10, Applied Science & Technology, Inc., in conjunction with Dickinson, Wright, Moon, VanDusen & Freeman, will present a breakfast seminar for bankers and financial institutions on property investigations, remediation and closure. For reservations or more information call Lenna Dietrich at 1-800.395.ASTI.
Applied Science & Technology, Inc. staff is presenting a one semester course on Environmental Information Management using the Internet. at Wayne State University in Detroit, Michigan. The course starts January, 1997 and is taught entirely on the Internet. For more information call Tom Wackerman at 800.395.ASTI or send email request to twacker@chem1.eng.wayne.edu
1st Facilities subject to 40 CFR 372 must submit to the EPA a copy of Form R (Form 9350-1) and final annual report for each toxic chemical known to be manufactured processed or otherwise used during the previous calendar year in excess of the TPQ. [EPCRA: 40 CFR 372.30, FR 1/29/96]
9th Owners and operators of land disposal facilities that qualified for interim status because of activities involving K156 through K161 wastes must submit a Part B permit application. [RCRA: 40 CFR 270.42, FR 4/17/95]
14th Producer or importer of Class I or Class II controlled substances must submit a report for the second quarter control period. [CAA: 40 CFR 82.13, FR 5/10/95]
26th Various regulations for the manufacture or importation of asbestos - containing products expire unless specific exemptions have been obtained. [TSCA: 40 CFR 763, FR 6/28/94]
TECH-BITS is a monthly publication of Applied Science & Technology, Inc. (ASTI), P.O. Box 1328, Ann Arbor, Michigan, 48106. For a free mail subscription call 800.395.ASTI. For a free electronic subscription, send an email message to twacker@chem1.eng.wayne.edu, referencing Tech-Bits in the body of the message.
TECH-BITS is intended to provide information concerning current environmental issues, and is not intended to provide technical or legal advice regarding any particular situation. Questions about individual situations should be addressed to your environmental engineer. Copyright 1995 by ASTI