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| Montana Administrative Register Notice 17-292 | No. 16 08/27/2009 | |
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BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY OF THE STATE OF
TO: All Concerned Persons 1. On September 16, 2009, at 10:30 a.m., a public hearing will be held in Room 111 of the Metcalf Building, 1520 East Sixth Avenue, Helena, Montana, to consider the proposed amendment of the above-stated rules. 2. The department will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, please contact Elois Johnson, Paralegal, no later than 5:00 p.m., September 8, 2009, to advise us of the nature of the accommodation that you need. Please contact Elois Johnson at Department of Environmental Quality, 3. The rules proposed to be amended provide as follows, stricken matter interlined, new matter underlined: 17.56.101 DEFINITIONS (1) through (52) remain the same. (53) "Primary leak detection method" means the leak detection method, approved under this chapter, that is: (a) specified by the owner or operator and recorded by the compliance inspector as the primary leak detection method in the most recent UST program compliance inspection; or (b) specified by the owner or operator in writing or e-mail to the department as the primary leak detection method. (53) through (76) remain the same, but are renumbered (54) through (77). AUTH: 75-11-204, 75-11-319, 75-11-505, MCA IMP: 75-11-203, 75-11-302, 75-11-319, 75-11-505, MCA REASON: The proposed addition of the definition of "primary leak detection method" is necessary because the specification of interstitial monitoring as the primary method of leak detection would require sump functional testing, pursuant to ARM 17.56.408(3) through (6), to ensure liquid tightness and to detect sump failures. If the owner or operator specifies an approved leak detection method other than interstitial monitoring, then the proposed sump functional testing in ARM 17.56.408 would not apply. 17.56.309 REQUIREMENTS FOR COMPLIANCE INSPECTIONS (1) through (6) remain the same. (7) The owner or operator shall correct all violations noted in a compliance inspection report either within 90 days of receipt of the inspection report by the owner or operator, or at least 14 days prior to the expiration of the facility's operating permit, whichever occurs first. For violations that have moderate or minor gravity, as defined in ARM 17.4.303, the department may establish another time period in which the violations must be corrected. (8) remains the same. AUTH: 75-11-505, 75-11-509, MCA IMP: 75-11-509, MCA REASON: The proposed amendment would provide flexibility for the department to modify the time for correction of minor and moderate violations. This is necessary to allow correction of some minor or moderate violations in a different time frame than required for a major violation. 17.56.402 REQUIREMENTS FOR PETROLEUM UST SYSTEMS (1) through (1)(b)(iv) remain the same. (2) All leak testing results required by this rule must be observed by the owner, operator, or facility employee and the owner or operator shall document and retain the results. (2) through (4) remain the same, but are renumbered (3) through (5). AUTH: 75-11-302, 75-11-505, MCA IMP: 75-11-302, 75-11-505, MCA REASON: The department believes that it is important that an owner, operator, or facility employee observe the monitoring of an automatic leak test to ensure that the monitoring equipment is operating correctly. There have been instances when monitoring of automatic leak test results has been interpreted to merely mean that the leak test alarm did not go off. The proposed documentation is necessary to verify the observation of a leak test. 17.56.407 METHODS OF RELEASE DETECTION FOR TANKS (1) Each method of release detection for tanks used to meet the requirements of ARM 17.56.402 must be conducted in accordance with the following: (a) product inventory control (or another test of equivalent performance) must be conducted monthly to detect a release of at least 1.0% of flow-through plus 130 gallons on a monthly basis in the following manner: (i) through (v) remain the same. (vi) the measurement of any water level in the bottom of the tank is made to the nearest one-eighth of an inch at least once a month (b) manual tank gauging must meet the following requirements: (i) through (iv) remain the same. (Table remains the same.) (v) tanks of 550 gallons or less nominal capacity may use this method as the sole method of release detection. Tanks of 551 to 2000 gallons may use the method in place of manual inventory control in (1)(a). Tanks of greater than 2000 gallons nominal capacity may not use this method to meet the requirements of this subchapter (vi) tanks listed in ARM 17.56.402(1)(a)(iv) may use this method of release detection as the sole method of annual tank tightness testing (c) tank tightness testing (or another test of equivalent performance) must be capable of detecting a 0.1 gallon per hour leak rate from any portion of the tank that routinely contains product while accounting for the effects of thermal expansion or contraction of the product, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table (d) equipment for automatic tank gauging that tests for the loss of product (i) the automatic product level monitor test can detect a 0.2 gallon per hour (gph) leak rate from any portion of the tank that routinely contains product; (ii) after December 31, 2010, if the automatic tank gauging equipment has the capability, the leak detection console must be set to temporarily disable the pumping system after a failed 0.2 gph leak test. The owner or operator may not restart the pumping system until: (A) an investigation of the UST system alarm condition is conducted in accordance with the leak detection equipment manufacturer's requirements and ARM Title 17, chapter 56, subchapter 5; and (B) the owner or operator determines that a release to the environment has not occurred; and (e) testing or monitoring for vapors within the soil gas of the excavation zone must meet the following requirements: (i) through (v) remain the same. (vi) in the UST excavation zone, the site is assessed to ensure compliance with the requirements in (1)(e)(i) through (iv) and to establish the number and positioning of monitoring wells that will detect releases within the excavation zone from any portion of the tank that routinely contains product; (vii) monitoring wells are clearly marked and secured to avoid unauthorized access and tampering (viii) after December 31, 2010, if the vapor monitoring equipment has the capability, the leak detection console must be set to temporarily disable the pumping system after a failed leak test. The owner or operator may not restart the pumping system until: (A) an investigation of the UST system alarm condition is conducted in accordance with the leak detection equipment manufacturer's requirements and ARM Title 17, chapter 56, subchapter 5; and (B) the owner or operator determines that a release to the environment has not occurred; (f) testing or monitoring for liquids on the ground water must meet the following requirements: (i) through (vii) remain the same. (viii) monitoring wells are clearly marked and secured to avoid unauthorized access and tampering; (ix) monitoring wells must be accessible for the sampling purposes of ARM 17.56.503 (x) after December 31, 2010, if the ground water monitoring equipment has the capability, the leak detection console must be set to temporarily disable the pumping system after a failed leak test. The owner or operator may not restart the pumping system until: (A) an investigation of the UST system alarm condition is conducted in accordance with the leak detection equipment manufacturer's requirements and ARM Title 17, chapter 56, subchapter 5; and (B) the owner or operator determines that a release to the environment has not occurred; (g) interstitial monitoring between the UST system and a secondary barrier immediately around or beneath it may be used, but only if the system is designed, constructed, and installed to detect a leak from any portion of the tank that routinely contains product and also meets one of the following requirements: (i) for double-walled UST systems (A) the sampling or testing method can detect a release through the inner wall in any portion of the tank that routinely contains product; and (B) after December 31, 2010, if the interstitial monitoring equipment has the capability, the leak detection console must be set to temporarily disable the pumping system after a failed leak test. The owner or operator may not restart the pumping system until: (I) an investigation of the UST system alarm condition is conducted in accordance with the leak detection equipment manufacturer's requirements and ARM Title 17, chapter 56, subchapter 5; and (II) the owner or operator determines that a release to the environment has not occurred; (ii) for UST systems with a secondary barrier within the excavation zone, the sampling or testing method used can detect a release between the UST system and the secondary barrier; (A) through (E) remain the same. (F) monitoring wells are clearly marked and secured to avoid unauthorized access and tampering (iii) for tanks with an internally fitted liner, an automated device can detect a release between the inner wall of the tank and the liner, and the liner is compatible with the substance stored (h) any other type of release detection method, or combination of methods, can be used if it can detect a 0.2 gallon per hour leak rate or a release of 150 gallons within a month with a probability of detection of 0.95 and a probability of false alarm of 0.05. (2) An owner or operator of an UST who conducts interstitial monitoring as the primary leak detection method pursuant to this chapter shall document the communication of all sensors with the console at least monthly, and maintain the records on site for the previous 12 months. AUTH: 75-11-505, MCA IMP: 75-11-505, MCA REASON: The proposed new language in (1)(d), (e), (f), and (g) would require, for electronically controlled UST systems, temporary disabling of pumping equipment after a failed leak test. This would require the owner or operator to use the full capability of the leak detection equipment, and is necessary because it will significantly enhance environmental protection. The proposed amendment in (2) is necessary to conform the rule to the newly added definition of "primary leak detection method" in ARM 17.56.101. 17.56.408 METHODS OF RELEASE DETECTION FOR PIPING (1) through (1)(d) remain the same. (2) After December 31, 2010, if the leak detection monitoring equipment has the capability, an owner or operator of an UST system that conducts pipe leak detection pursuant to ARM 17.56.408(1)(a) or (d) shall set the leak detection console to temporarily disable the pumping system after a failed leak test. An operator may not restart the pumping system until: (a) an investigation of the UST system alarm condition is conducted in accordance with the leak detection equipment manufacturer's requirements and ARM Title 17, chapter 56, subchapter 5; and (b) the owner or operator determines that a release to the environment has not occurred. (3) An owner or operator of an UST who conducts piping interstitial monitoring as the primary leak detection method pursuant to this chapter shall conduct one of the following tests to determine liquid tightness: (a) hydrostatically test all containment sumps once every three years with liquid for one hour to a height six inches above the highest sump penetration. A passing test must show no liquid loss measured during the testing interval; (b) vacuum or pressure test containment sumps in accordance with the testing equipment manufacturer's instructions and pass/fail requirements; or (c) functionally test containment sumps as recommended by the manufacturer of the containment sump. (4) An owner or operator who conducts a test pursuant to (3) shall report a failed test to the department. (5) Testing conducted pursuant to (3) must be accomplished by a licensed installer or compliance inspector pursuant to this chapter. Initial sump functional tests at each facility must occur prior to the expiration of the facility's current operating permit, but are not required before December 31, 2010. AUTH: 75-11-505, MCA IMP: 75-11-505, MCA REASON: ARM 17.56.204 requires secondary containment (sumps) and interstitial monitoring as a leak detection method for any UST that is replaced or newly installed. ARM 17.56.204 was adopted in 2007 to satisfy the secondary containment, under-dispenser containment, and interstitial monitoring requirements of the Energy Policy Act of 2005. If an owner or operator uses interstitial monitoring as the primary leak detection method to satisfy the leak detection requirement, then the department believes the proposed sump functional testing requirement is necessary to ensure liquid tightness and to detect sump failures. If interstitial monitoring is not the primary leak detection method, the sump functional testing requirements do not apply. 17.56.1407 LICENSE RENEWAL (1) and (2) remain the same. (3) Licensed installers whose licenses are restricted to closures and licensed closure inspectors must (4) through (4)(c) remain the same. (5) All licensees not subject to (3) or (4) must (6) and (7) remain the same. AUTH: 75-11-204, MCA IMP: 75-11-204, 75-11-210, 75-11-211, 75-11-509, MCA REASON: The department is proposing to remove the requirement for completion of a department-sponsored refresher training course of a specific length. These proposed revisions would provide the flexibility for licensees to take training in their areas of need or interest. The proposed revisions would broaden the choices of training for licensees because of the proposed reduction in the amount of required department-sponsored training. 4. Concerned persons may submit their data, views, or arguments, either orally or in writing, at the hearing. Written data, views, or arguments may also be submitted to Elois Johnson, Paralegal, Department of Environmental Quality, 5. James Madden, attorney, has been designated to preside over and conduct the hearing. 6. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding: air quality; hazardous waste/waste oil; asbestos control; water/wastewater treatment plant operator certification; solid waste; junk vehicles; infectious waste; public water supplies; public sewage systems regulation; hard rock (metal) mine reclamation; major facility siting; opencut mine reclamation; strip mine reclamation; subdivisions; renewable energy grants/loans; wastewater treatment or safe drinking water revolving grants and loans; water quality; CECRA; underground/above ground storage tanks; MEPA; or general procedural rules other than MEPA. Such written request may be mailed or delivered to Elois Johnson, Paralegal, Legal Unit, 1520 E. Sixth Ave., P.O. Box 200901, Helena, Montana 59620-0901, faxed to the office at (406) 444-4386, e-mailed to [email protected], or may be made by completing a request form at any rules hearing held by the department. 7. The bill sponsor contact requirements of 2-4-302, MCA, do not apply. Reviewed by: DEPARTMENT OF ENVIRONMENTAL QUALITY /s/ James M. Madden BY: /s/ Richard H. Opper JAMES M. MADDEN Richard H. Opper, Director Rule Reviewer Certified to the Secretary of State, August 17, 2009.
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