Is the juice-2021 API Storage Tank Conference PowerPoint Template.pptx

Discussion of AST regulations

1. IS THE JUICE WORTH THE SQUEEZINGS Robert J May PE Senior Project Professional

2. Is the Juice Worth the Squeezings ? State Regulations beyond Industry Standards Title references a former boss’s favorite phrase It was said in the context of spending non capital dollars Expenses reflected a minimal compliance strategy Discretionary spending “Will that decision place you on the front page of tomorrow’s newspaper”

3. Regulated Substance in Bulk Containers Federal and State regulations define regulated substances H azardous substance –raw material or waste Petroleum based Oils from plants Regulated bulk containers of regulated substances Material and construction standards Methods of leak detection and secondary containment Inspection intervals per Industry Standards

4. Integrity Inspections per Industry Standards API 653 STI SP001 No discussion of STI at this conference Not in this discussion Fiberglass reinforced plastic (FRP) Plastic

5. States adopt Federal Regulations An example is regulated Underground Storage Tanks (USTs) States can have delegated authority State regulations follow Federal Regulations State regulations can exceed Federal UST regulations R egulations concerning inspectons fairly consistent across states Aboveground Storage Tanks (ASTs) regulations not as uniform Several states do not regulate ASTs (unless motor fuels under NFPA) Some States regulate ASTs referencing Industry Standards Industry Standards Inspection Intervals in many states are reduced Select States regulate beyond Industry Standard

6. States with no AST regulations   States with no specific regulations 1 Alabama 2 Arizona 3 Connecticut 4 District of Columbia 5 Georgia 6 Hawaii 7 Idaho 8 Illinois 9 Indiana 10 Iowa 11 Kanas 12 Kentucky 13 Louisiana 14 Maryland 15 Michigan 16 Mississippi 17 Missouri 18 Montana 19 Nebraska 20 Nevada 21 North Carolina 22 Ohio 23 Oklahoma 24 Oregon 25 South Carolina 26 Tennessee 27 Texas 28 Utah 29 Washington

7. States with AST regulations   States with specific regulations State regulations and references to Industry Standards Inspection with more frequent Intervals 1 Alaska ADEC Program but not more restrictive than Industry Standards 2 Arkansas Program but not more restrictive than Industry Standards 3 California ASPA Program but not more restrictive than Industry Standards 4 Colorado Program but not more restrictive than Industry Standards 5 Delaware Program but not more restrictive than Industry Standards 6 Florida Program but not more restrictive than Industry Standards 7 Minnesota Internal inspection maximum interval 10 years 8 New Hampshire Internal inspection maximum interval 10 years 9 New Jersey Internal inspection maximum interval 10 years 10 Rhode Island Internal inspection maximum interval 10 years / exempt if AST built to new standards 11 South Dakota Internal inspection maximum interval 10 years 12 Vermont Inspections every 3 years 13 Wisconsin Internal inspection maximum interval 10 years

8. States with Regulations beyond Industry Standards   States with regulations beyond industry standard inspections   1 Maine AST underground piping must be double wall with leak detection like UST piping 2 Massachusetts Professional Engineer is a qualified inspector 3 New Mexico Professional Engineer certifies that concrete secondary containment can contain a release for seven days 4 New York Professional Engineer certifies secondary containment every 5 years ASTs >10k gallons inspection every 5 years under supervision Professional Engineer 5 Pennsylvania PADEP certified inspectors and installers-unique company and inspector certification in addition to API 653 and API 570 Inspection certifications. "Eyes and ears of PADEP" 6 Virginia Professional Engineer certifies secondary containment every 10 years 7 West Virginia AST Industry Inspection interval adherence according to proximity to public surface water supply source. Professional Engineer or API/STI Inspectors must certify ASTs and secondary containment will hold contents for 72 hours. AST owner must certify annually AST and secondary containment has been evaluated on a three year or five year basis. 8 Wyoming AST foundation design by a Professional Engineer. AST underground piping must be double wall with leak detection like UST piping

9. New York Professional Engineer (PE) certifies secondary containment every 5 years Field verify earthen dikes impermeability up to 1x10 -7 cm/sec Industry standard integrity inspections for ASTs greater than 10,000 gallons performed every 5 years and must be under the supervision of a Professional Engineer (PE) What value does the PE provide ? Is the PE the stand-in for a regulatory agent? Approximately 25,000 NYS PEs Are these regulations a reaction to a 2 million gallon spill after a 1976 Brooklyn UST fuel oil terminal explosion?

10. West Virginia AST Industry Integrity Inspection interval according to proximity to public water supply source. Professional Engineer (PE) or API/STI Inspector must certify the AST inspection and the secondary containment will hold AST contents for 72 hours AST owners must certify annually the AST and secondary containment has been evaluated on a 3 year or 5 year interval Root cause analysis for these requlations ?

11. West Virginia 2014 Elk River 7,500 gallon AST chemical spill Freedom Industries tank farm on Elk River T ributary to Kanawha River in Charleston 1 inch hole bottom stainless steel in a 40,000 gallon AST Crude 4-Methylcyclohexanemethanol (MCHM) Chemical foam used in coal cleaning process Tank also contained mixture of glycol ethers (PPH ) Not considered “hazardous” chemical so no WVDEP inspections Potable water impact to 300,000 residents in nine counties

12. Pennsylvania Unique state program with PADEP certified installers and certified inspectors with base certifications for API 653 and API 570 Certified personnel “Eyes and Ears of PADEP” Required as part of certification to report suspected releases to the environment Specific Spill Prevention Response (SPR) Plan with public water supply notifications downstream This plan in addition to USEPA SPCC plan ASTs Industry Inspection interval maximum 20 years (Internal) ASTs inspected every 72 hours (walk around inspection for leak detection) Log of every maintenance and work event noting personnel Special siting permits Public comment 30 day period Accommodate Environmental Justice Concerns –Specific Areas Census track >30% minority population Census track >20% population below poverty level

13. 1988 Monongahela River Oil Spill (Pittsburgh Post-Gazette archives)

14. Summary One would think states with many ASTs (especially petroleum) would be highly regulated. Data supports that once a significant event occurs within a state, substantial regulations are enacted. There is no corresponding data that the citizens of highly regulated states are better served Some states rely on a Professional Engineer (PE) PE obligated to protect the health, safety and welfare of the public

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