Abandoned Underground Storage Tank (UST) - State Water ...

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TABLE 1: SECOND PHASE CATEGORY RECOMMENDATIONS (1) Enforcement Support Enforcement support enlists the District Attorney’s offices and federal field inspectors. Through warrants, federal field citations, or joint directive letters from EPA and the State Water Board, recalcitrant RPs will be required to properly abandon or close their UST sites. Enforcement support can also provide a mechanism to perform cost recovery on sites closed using a state or federal funding source such as the Emergency, Abandoned, and Recalcitrant (EAR) program. (2) RP Identification For sites where there is an RP dispute, a subcontractor (e.g. Industrial Economics) can conduct an RP search. The RP search information will provide local agencies with contact information to pursue enforcement activities. (3) Funding Support Funding support provides guidance to local agencies in accessing various funding sources, and in informing and assisting local agencies to refer sites to various funding sources, such as: Federal Sources • Federal Targeted Brownfields Assessment (TBA) Program State Sources • Replacing, Removing, or Upgrading Underground Storage Tanks (RUST Program) • Orphan Site Cleanup Fund (OSCF) • Underground Storage Tank General Cleanup Fund (CUF) • Emergency, Abandoned, and Recalcitrant (EAR) Account Program (4) Investigation/Cleanup Once access has been granted, field work can be performed on sites eligible for the State’s OSCF or EPA’s TBA Program. Field work may include, but is not limited to: • Removing product from the USTs • Advancing soil borings in the vicinity of the USTs • Assessing the soils beneath the USTs by removing the USTs from the sites (5) ”Open” GeoTracker Case Identification UPAs and Regional Board caseworkers will partner to find effective ways to handle “open” GeoTracker cases. Caseworkers can insert notes into the comments field in GeoTracker to inform interested parties that abandoned USTs exist at certain open LUST sites. 10
4.2 FUEL RECYCLING One potential mechanism to recoup costs for field activities related to the Abandoned UST Initiative is fuel recycling. A subcontractor can ship surplus fuel as a hazardous material on a Bill of Lading under California Health and Safety Code (HSC) Chapter 25143.2 (b), (1), (2), and (3). Specifically, “recyclable material (fuel) that is managed in accordance with Section 25143.9 and is or will be recycled by any of the following methods shall be excluded from classification as a waste: (1) Used or reused as an ingredient in an industrial process to make a product if the material is not being reclaimed. (2) Used or reused as a safe and effective substitute for commercial products (crude oil cutter) if the material is not being reclaimed. (3) Returned to the original process from which the material was generated (refinery), without first being reclaimed, if the material is returned as a substitute for raw material feedstock, and the process uses raw materials as principal feedstocks… (D) The material is a fuel that is transferred to, processed into, a fuel or other refined petroleum product at a petroleum refinery….” These sections of the California HSC allow for the purchase, transportation, and recycling of excess, surplus, old, and mixed petroleum fuels. A transporter/recycler incurs the cost of the purchase, transportation, and recycling associated with the petroleum fuels. Prior to the recycling of old petroleum fuels, field tests are performed on the petroleum fuels to verify that the fuel meets the qualifications to be recycled. A field technician will make visual observations, measure water content, and calculate specific gravity. A transporter/recycler will pay approximately $0.50 per gallon for old fuel products. 5.0 CONCLUSION While the extent of the abandoned UST issue in California needs to be more accurately assessed, the Abandoned Tanks Initiative has identified a significant number of sites that were not on the State Water Board’s or EPA’s “radar” and which may pose a threat to human health and the environment. The State Water Board will work with the UPAs to develop processes to identify, report, and make progress on addressing these sites. 11
Page 1 and 2: April 29, 2013 Abandoned Undergroun
Page 3 and 4: Illustration 1: Abandoned Tanks Inv
Page 5 and 6: Illustration 3 depicts how many sit
Page 7 and 8: 3.2.1 Responsible Party Identificat
Page 9: 4.0 RECOMMENDATIONS FOR NEXT STEPS
Page 13 and 14: ! ! ! ! ! Del Norte ! ! Humboldt !
Page 15 and 16: %, X %, Del Norte X X X Humboldt X
Page 17 and 18: Attachment 1 Agency Contact Informa
Page 19 and 20: Attachment 1 (Continued) Agency Con
Page 21 and 22: Attachment 2 Master List ‐ Invent
Page 45 and 46: DRAFT Attachment 3 Non-Responsive A
Page 47 and 48: DRAFT Attachment 4 Abandoned UST Fi
Page 49 and 50: COLORADO RIVER BASIN (REGION 7) 4%
Page 51 and 52: ! ! ! ! ! ! ! ! ! ! ! ! Region 1: N
Page 53: %, X %, X X X X X X X Region 1: Nor

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