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GeoInsighter Summer/Fall 2001 Newsletter

New Hampshire Moves Toward AST Compliance

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The NHDES launched the second phase of its initiative to bring regulated aboveground storage tanks (ASTs) in New Hampshire into compliance. In late April and early May 2001, the NHDES mailed approximately 600 self-inspection surveys that, when completed, allowed AST owners (and the NHDES) to identify their facility’s compliance with NHDES Regulation Env-Wm 1402. Last year, in the first phase of the State’s compliance initiative, the State conducted approximately 150 limited audits, according to Mr. Jack Chwasciak of the NHDES’s Oil Compliance & Initial Response Section. So far, approximately 400 survey recipients have returned this year’s survey. The NHDES will use the survey results, together with the results of last year’s limited audits, to target more detailed inspections at non-compliant facilities and to prepare Letter of Deficiency (LOD) notices. 

Mr. Chwasciak acknowledged that those who have not responded to the survey may temporarily delay enforcement actions by the NHDES, but he is quick to point out that if a release occurs while the facility is out of compliance, it will not be covered by the State’s Petroleum Reimbursement Fund and the facility owner will be less likely to receive leniency when the State catches up to them with enforcement actions. Facility owners should also be aware that obtaining compliance after a release will likely be more expensive than proactive compliance due to the expedited schedule they would be subject to. 

The State prioritized its enforcement of Regulation Env-Wm 1402, which went into effect in April 2000, three years after its enactment, to focus on three elements: 1) spill and overfill protection, including high level alarms and liquid level gauges; 2) labeling; and 3) Spill Prevention Control & Countermeasure (SPCC) Plans. The SPCC Plan must conform to Federal Regulation 40 CFR 112. An SPCC Plan is a written document that describes the facility, its storage capacity and product type, the procedures for handling product, the engineered and procedural features used to avoid spillage, and the countermeasures that would be employed should a spill occur. It should be noted that secondary containment requirements within 40 CFR 112 are more stringent than NHDES secondary containment requirements; however, the more stringent Federal regulations (which require an impermeable secondary containment barrier) must be followed to receive money from the State Petroleum Reimbursement Fund. According to Mr. Mike Juranty of the NHDES, the NHDES hopes to rectify this discrepancy between State and Federal regulations the next time Regulation Env-Wm 1402 is reviewed for reauthorization.

There are several forms available from the NHDES, which can be downloaded from the NHDES web site (http://www.des.state.nh.us/orcb/astprog.htm), that a facility owner can use toward attaining compliance with Regulation Env-Wm 1402. These include an AST Facility Overfill Protection Inspection Checklist and a Suggested Monthly Aboveground Petroleum Storage Tank Inspection Check Off List. The forms help to identify areas of deficiency and may be used to alert the facility owner of a release or potential release. For further information regarding SPCC Plans or AST regulatory compliance, you can contact the NHDES at (603) 271-3577 or GeoInsight.

Michael F. Dacey, L.S.P.
mfdacey@geoinc.com

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