Delivery Prohibition Regulations Fact Sheet - Alabama Department ...

May 2, 2008MEMORANDUMTo:Alabama UST Petroleum Product DeliverersFrom: Lee Davis, ChiefUST Compliance UnitGroundwater BranchLand DivisionRe: Delivery Prohibition Regulations Effective April 25, 2008ADEM Underground Storage Tank ProgramThis is to provide notification to petroleum product delivery companies regardingADEM’s new underground storage tank delivery prohibition regulations. Theseregulations are a requirement of the federal Energy Policy Act of 2005, andwill be effective April 25, 2008.Delivery prohibition is the prohibition of delivery or acceptance of product to anunderground storage tank (UST) that has been determined to be ineligible by ADEM forsuch delivery or acceptance. Delivering product to a UST that has been determined to beineligible, or accepting product in a UST that has been determined to be ineligible mayresult in civil penalties.I have enclosed a Fact Sheet describing the requirements of the delivery prohibitionregulations. You can view the regulations on ADEM’s website at www.adem.state.al.us.If there are any questions regarding the delivery prohibition requirements please contactADEM’s UST Compliance Unit at (334) 270-5655.

Regulated Substance Deliverer: means any person who delivers aregulated substance to an underground storage tank.Significant noncompliance requiring delivery prohibition: means a failure of aUST owner or operator to install spill prevention, overfill prevention, leakdetection, or corrosion protection equipment on a UST system. Thesenoncompliances will result in the Department prohibiting delivery of product to anunderground storage tank facility.Significant noncompliance subject to delivery prohibition: means a failure ofa UST owner or operator to comply with:• Notification requirements;• Operation and/or maintenance of spill prevention, overfill prevention, leakdetection, or corrosion protection equipment requirements;• Installation, operation and/or maintenance of under dispenser containmentor submersible pump containment requirements;• Compatibility, and repair requirements;• Document or report submittal within the time frame required by theseregulations or within a reasonable time frame upon request by theDepartment;• Payment of the yearly underground storage tank regulation fee;• Required response actions in the event of a release or suspected releaseof product; or• Investigation, and/or clean up a release from an underground storage tanksystem.These noncompliances may result in the Department prohibiting delivery ofregulated substances to an underground storage tank facility.Underground Storage Tank Facility: is a single site or location containing one ormore underground storage tank systems.Who Is Responsible For Complying With Delivery ProhibitionRequirements?Underground storage tank owners/operators and product deliverers areresponsible for not delivering, depositing, or accepting product to an undergroundstorage tank identified by ADEM as ineligible to receive product.Do These Regulations Apply To Individual USTs Or To UST Facilities?Significant noncompliance requiring delivery prohibition or significantnoncompliance subject to delivery prohibition will result in delivery prohibition toevery UST at a facility.What Must A UST Owner Do To Reclassify Ineligible Underground StorageTanks As Eligible for Product Delivery?ADEM will reclassify an ineligible underground storage tank as eligible to

eceive product as soon as practicable once it determines that the undergroundstorage tank has been returned to compliance. ADEM, after notification by theowner/operator that the violation has been corrected, will confirm compliance.This may be accomplished by an owner or UST contractor faxing or e-mailingtest results or other documentation that demonstrates return to compliance. Ifnecessary, ADEM will send an inspector during normal business hours to the siteto verify compliance. If any deficiencies that led to the delivery prohibitionremain, ADEM will notify the owner/operator.If the violation has been corrected and confirmed by ADEM, ADEM will providethe owner/operator and product deliverer written confirmation that deliveryprohibition has been lifted, and will remove the facility from the DeliveryProhibition List on the ADEM website.What Is ADEMs Process For Providing Adequate Notice To USTOwners/Operators And Product Deliverers?Prior to placing any UST facility in delivery prohibition the Department willattempt to notify owners of any significant noncompliance by a written notice. Ifthe owner of the facility does not provided documentation of the facility’s return tocompliance the site may be determined to be ineligible for delivery. When anunderground storage tank is determined to be ineligible for delivery, ADEM willmake a reasonable effort to notify the tank owners in writing of this decision.ADEM will offer a meeting with the owner to resolve the noncompliance. If this isnot successful, the site will be added to the delivery prohibition list on the ADEMwebsite and the owner will receive written notice. A red tag may be affixed to thefill pipes of all USTs at the facility in addition to the facility being included on theDelivery Prohibition List on the ADEM website.How May States Apply Delivery Prohibition In Rural And Remote Areas?ADEM may consider not treating a UST facility as ineligible for delivery of productif such treatment would jeopardize the availability of, or access to, motor fuel inany rural and remote areas. However, ADEM may only defer application ofdelivery prohibition for up to 180 days after determining an underground storagetank is ineligible for delivery, deposit, or acceptance of product. ADEM retainsthe right to remove any delivery prohibition at any time during an emergencysituation.