1

KEEPING YOUR FACILITY IN COMPLIANCE

Environmental Regulatory Compliance for DPW Operations

Regulatory Programs at the DPW

Today’s Topics…

NJ Air Quality Program

Underground Storage Tanks – Common P bl d th i S l tiProblems and their Solutions

Stormwater Permitting – NJDEP’s Municipal and Industrial Stormwater Programs

Federal Spill Prevention Control and Countermeasure Rule – Recent Changes & Proposals

NJ’s Discharge Prevention Program

2

New Jersey Air Quality Permitting Program

Air Quality at DPWs

Greenhouse Gas Emissions Emergency GeneratorsGasoline Dispensing Facilities

Stage II Vapor RecoveryPortable Equipment General Permit

3

FiveFive--year Assessment states:year Assessment states:Without Without strongstrong mitigation action: mitigation action:

Temperature change in next 100 yrsTemperature change in next 100 yrsGreater than change in last 10,000 yrsGreater than change in last 10,000 yrs

GHG and Climate Change

g , yg , y

Precipitation cycles will change Precipitation cycles will change change uneven across the globe and over change uneven across the globe and over

timetimeswift, severeswift, severesea levels rise sea levels rise -- GlobalGlobalserious challenge to human and ecosystem serious challenge to human and ecosystem

adaptation adaptation

Global temperature changes have always been a fact of life, but

since 1860 the average temperature has been on

Since the industrial revolution, as carbon

dioxide concentrations

temperature has been on the rise.

dioxide concentrations have risen, so too have

temperatures.

4

Passage of Global Warming Response ActMandates –

Executive Order 54By Governor Corzine on February 13, 2007

GHG emission reduction to 1990 levels by 2020 a 20% reduction

Reduction to 80% below 2006 levels by 20502050

5

Greenhouse GasesSix Major GHGs -Identified by Kyoto Protocol

Carbon dioxide (CO2)Methane (CH4)Methane (CH4)Oxides of Nitrogen (N2O) Hydrofluorocarbons

(HFCs)Sulfur hexafluoride (SF6),

andPerfluorocarbons (PFCs)( )

Global Warming Potential (GWP)

Abilities of different greenhouse gases to trap heat in the atmosphere

- heat-absorbing ability of each gas g y g- decay rate of each gas (typically over 100

years)GWP measured relative to that of CO2

Emissions (tons) converted to CO2 equivalents (CO2Eq)

6

Gas 100-Year GWPCO2 1

Global Warming Potential (GWP) for Greenhouse Gases

CH4 21N2O 310

HFC-23 11,700CF4 5,700CF4 5,700SF6 23,900

Regulatory frame work:Regulatory frame work:None exists at federal levelNone exists at federal levelNone exists at state levelNone exists at state level

Emissions Calculations and Reporting

None exists at state levelNone exists at state level

No reporting requirements exist No reporting requirements exist --YETYET

7

Emissions Calculations and Reporting

Voluntary Reporting Programs

California Climate Action Registry

GHG Protocol - World Resources Institute

Voluntary Reporting - Energy Information Administration (EIA) US Department ofAdministration (EIA) - US Department of Energy

GHG Emission Profile

Consider the objective: Why are we doing this???

Green and good corporate citizenship;

Join a voluntary reporting program:

Climate LeadersCli t A tiClimate Action

Registry

8

GHG Emission ProfileProcess Overview

Establish a base-line yearCalculate base-line emissionsSet targets for emission

reductionIdentify emission reduction

opportunitiesEstablish an emission

reduction programMeasure the success of the

program

Air Permitting

Emergency Generators37 kW and greater must comply with record keeping requirements1 MMBTU Gross Heat Input 1 MMBTU Gross Heat Input requires permitPrior to testing emergency generators 37 KW and greater, must

Check the Air Quality Forecast

http://www.state.nj.us/dep/aqpp/

New EG General Permit GP-005

9

General Permit – Portable Equipment

This General Permit is for engines with a maximum rated horsepower of up to 1400 HP and associated

t bl d ill i tportable and ancillary equipment which is operated as a dedicated group.Engine Gross Heat Input of 1.0 MMBTU/hrGenerators have been exempted from this General Permit

Gasoline Dispensing FacilitiesGDFs 2,000 gallons or greater require a General Air Permit (GP-004)

Stage II Vapor Recovery is required for GDFs that dispense a twelve month average of 10,000 gallons per month or morega o s pe o t o o e

GDF with Stage II Vapor Recovery must perform the following tests:

Annual Static Pressure Test (CARB TB 201.3)

Annual Pressure Vacuum Valve Test (CARB TP-201.1E)

Annual Air to Liquid Volume Ratio for vacuum assist systems, where applicable (CARB TP-y , pp (201.4)

Dynamic Backpressure Performance Test (CARB TP-201.5) (required every 3 yrs)

10

Need more info?http://www.state.nj.us/dep/aqpp/ – Current Air Regshttp://www.state.nj.us/dep/opra/online.html - Search existing permits & ID’s

Underground Storage Tank Regulations N.J.A.C. 7:14B

11

Regulated UST Owners - Be Aware

Guidance was issued by the USEPA regarding UST Inspections and State Compliance Reporting:p g

States had until August 8, 2007 to inspect all USTs for compliance, and

States must re-inspect each regulated tank every 3 years.

UST Enforcement In the News…

NJDEP Enforcement ActionPenalty Assessed - $15,000Camden County Facility – December 2007

UST Registration Certificate not available. Fill Ports not marked Sumps and spill buckets not inspected/cleaned No valid registration certificate issued by the Department. Failure to submit an accurate UST Questionnaire.

12

What is an Underground Storage Tank

"Underground storage tank“Set forth in N.J.A.C. 7:14B-1.4,

Includes piping, lines, fixtures, and other related equipment, used to contain an accumulation of hazardous substances,

The volume of which, including the volume of the piping, lines, fixtures and other related equipment, is 10 percent or more beneath the surface of the groundg

What is a Hazardous Substance as per N.J.A.C.7:14B

Motor fuel;Petroleum products which are liquid atPetroleum products which are liquid at standard conditions of temperature and pressure;All substances which are liquid at standard conditions of temperature and pressure listed in Appendix A of N J A C 7 1E dN.J.A.C. 7:1E; andWaste oil.

13

So What’s Regulated

USTs containing motor fuels, waste oil orUSTs containing motor fuels, waste oil or hazardous substances in any volume

Heating oil USTs in excess of 2,000 gallons, or aggregate volumes in excess of 2,000 gallons

Administrative Requirements

Registered with NJDEP – UST Facility g yQuestionnaire Must maintain a valid registration certificate Demonstrate proof of financial responsibility

14

Construction Requirements

Regulated USTs must contain:

Corrosion Protection

Release Detection Monitoring (w/exceptions)

Spill Prevention (w/exceptions)

Overfill Prevention (w/exceptions)

Inspection and Testing Requirements – Leak Detection

All USTs - Monthly leak detection documentation

Pressurized Piping–

automatic line leak detectors, and

l li ti ht t t thl it i ithannual line tightness test or monthly monitoring with an approved method

Suction Piping –

line tightness test every 3 years, or

monthly monitoring with an approved method

Supply/Return Piping

monthly monitoring with an approved method, or

tightness test every 3 years and water presence for each delivery

15

Piping Sumps and Sensors

No monitoring is required for European or Safe Suction Piping where:

Inspection and Testing Requirements – Leak Detection

Safe Suction Piping where:

Piping is sloped back to tank, and

One check valve is located as close as possible to the suction pump

Requires verification through as built drawingsRequires verification through as-built drawings

16

LLDs

Monitors for a measured pressure drop each time dispenser is activated

Veeder Root

p– Restricts flow or alarms

Vaporless

Red Jacket

Corrosion Protection

Corrosion Protection Systems

Cathodic Protection T t d 1/3– Tested 1/3 years

Impressed Current –Tested 1/3 years and inspected every 60 days

17

Spill ProtectionSpill buckets, sumps and dispenser pans

Inspected monthly for liquid, debris and to verify integrity

Spill buckets must also be inspected prior to deliveries

All Inspections must be recorded

Piping Sump

Dispenser Sump/Pan

Spill Bucket

Dispenser Sump/Pan

18

Overfill Prevention

Overfill Prevention Equipment Must:Automatically shut off flow at 95% full; orRestrict flow/trigger a high level alarm at 90%Restrict flow/trigger a high level alarm at 90% full; orRestrict flow 30 minutes prior to overfilling, alert the operator with a high level alarm one minute before overfilling, or automatically shut off flow into the tank so that no fittings above the tank top are exposed to product due to overfilling

Common UST Compliance IssuesFailure to provide appropriate LDM for pipingFailure to have LLDs and test annuallyFailure to keep all sumps/spill buckets free of debris/liquids and record inspectionsIncorrect completion of USTFQp QFailure to provide Financial Resp. or COIFailure to maintain corrosion protection requirementsFailure to record leak detection reports monthlyFailure to have and post a Release Response PlanFailure to investigate all LDM alarmsOverfill audible/visual alarm not detectable from fill portsFailure to obtain air permits for gasoline USTs (where applicable)Failure to properly mark fill portsFailure to have piping test boots removed after installation

19

Need Additional Info…

http://www.nj.gov/dep/srp/bust/bust.htmtm

http://www.epa.gov/swerust1/ustsystm/leakdet.htm

N.J.A.C. 7:14ANew Jersey Pollutant Discharge Elimination

System

20

Stormwater Permitting History

Phase I Rules –1990; regulated stormwater discharges from certain industrial facilities and medium-large MS4s.1991 - Intermodal Surface Transportation Efficiency Act (ISTEA) – exempted certain industrial activities operated by municipalities w/ pop.<100,000 from Phase I Rules.Dec. 1999 - Phase II Rules - extended ISTEA Exemption until March 10, 2003. February 2, 2004 – NJDEP published NJPDES amendments in response to EPA’sNJPDES amendments in response to EPA s Phase II RulesMarch 2004 - MSRP

Stormwater Programs for Municipal Operations

Municipal Stormwater Regulation Program (MSRP)

All 566 municipalities, 21 Counties, Public All 566 municipalities, 21 Counties, Public Colleges and other public entities

Industrial Stormwater Permitting Program

Eleven categories of industrial activities

May include municipal wastewater treatment plants, landfills and bus transportation facilities

21

The Goals of Both Programs

Identify all source material and activities that generate source materialmaterialEliminate exposure of source material from stormwater through BMPsEliminate non-stormwater ate o sto atedischarges from operations

What is Source Material

Any material or activity that can impact stormwater quality

Greased parts, batteries, treated woods, tires, all petroleum products, misc. chemicals, road waste, used tires, hydraulic parts, drums, open dumpsters (other than paper), de-icing materials, paints, millings, cold patch, leaking vehicles, derelict

/vehicles, used vehicle/equipment parts, used batteries, etc.

22

Are these items stored properly?

Cover from precipitation

•Cleary label all containers

•Store all liquids on spill pallets

Separate Incompatible Materials:

•Oil based paints / batteries / compressed gases

23

24

Typical Non-Stormwater Discharges

Discharges from floor drains and oil/water separatorsCompressor and boiler blowdownUnauthorized discharges from secondary containment structurescontainment structuresCooling tower bleed offFilter backwash waterHydrostatic testing waterWater main disinfection waterVehicle/equipment wash waters Construction dewateringPlant effluent (requires Beneficial Re use Permit)Plant effluent (requires Beneficial Re-use Permit)

Municipal Stormwater Regulation Program

25

Municipal Stormwater Regulation ProgramTier A and B General Stormwater Permits

Both required adoption of a Municipal Stormwater Management Plan and Stormwater Control Ordinance by April 2006

Tier A required the completion of a Stormwater Pollution Prevention Plan by April 2005

Permit Cycle Based Upon EDPA (Typically 4/1 through 3/31)

Permit is up for renewal in 2009

Where should you be today?

Post Construction Municipal SMP and SCO be adopted and enforced

Ensuring Compliance with RSISCompleting long term O&M of BMPs on municipal propertiesEnsuring the long term O&M for BMPS on private properties is conductedMeeting new design standards for storm drain inletsEnsuring compliance with the SCO

26

Where should you be today?

Implementing Local Public Education

Distribution of NJDEP Brochure to all residents and b i ANNUALLYbusinesses ANNUALLY

Conducting an ANNUAL educational event

Distributing pet waste brochure with pet licensing

100% complete with storm drain inlet labeling b A il 2009program by April 2009

Don’t forget about the long term maintenance

Where should you be today?

Implementing Improper Disposal of Waste

Enforcing Pet Waste, Litter, Improper Disposal of Waste Yard Waste Collection and Illicit ConnectionWaste, Yard Waste Collection and Illicit Connection Ordinances

Implementing Illicit Connection Elimination Program and complete initial inspections of all outfalls by April 2009

100% complete with storm drain outfall mapping p pp gprogram by April 2009

27

Where should you be today?

Implementing Solids and Floatable Controls

Performing monthly street sweeping and recording waste totals & distance sweptRetrofitting storm drain inlets during road projectsAnnual inspection and cleaning of all stormwater facilitiesImplementing roadside erosion control and outfall stream scouring remediation programs

Where should you be today?

Implementing Maintenance Yard Operations BMPsMust have and maintain permanent storage structure for deicing material (April 2007) and comply with uncovered clean sand set back of 50 feetfeet

Specific requirements for fabric structuresImplementing SOPs (and regular inspections) for Fueling Operations, Vehicle Maintenance and Good HousekeepingPlanning the cessation of the discharge of vehicle wash waters by February 2009

The washing of firefighting vehicles has been added ll bl di has an allowable discharge

28

Where should you be today?

Performing Annual Employee TrainingEJIF Stormwater Training Video –MEL website www.njmel.org or by DVD submitted to EJIF Members

Updating and recertifying the SPPP AnnuallyUpdating the source material inventory and BMPs annuallySubmitting Annual Report and Certification ELECTRONICALLY by May 2 of each year (Tier A)ELECTRONICALLY by May 2 of each year (Tier A)

Common Problems with ImplementationVehicle Fueling SOP – Implementation of Bulk Delivery RequirementsGeneral Good Housekeeping SOP –Regular inspections of DPW yards forRegular inspections of DPW yards for source materialIdentification of Municipal Stormwater Facilities and inspection/maintenance of these systemsProper Management of Road Waste and p gWastewaters Generated During Inlet Cleaning

29

Basic Industrial Stormwater General Permit

Who is RegulatedMany Industrial Facilities depending on their SIC Code

Transportation Related Facilities (i.e. School Bus Transportation)

WASTEWATER TREATMENT FACILITIES with…

Design Flow of 1 Million Gallons per Day (MGD)

OR

Approved pretreatment d 40CFRprogram under 40CFR

Part 403 (i.e. Delegated Agency)

30

Basic Industrial Stormwater General Permit – (5G2) EDPA 5/15/07

Authorizes new and existing industrial stormwater discharges to surface waters and/or groundwaters of the Stateand/or groundwaters of the State.

Goal is to eliminate exposure of source materials w/in 18 mo. of EDPA

If facility cannot eliminate exposure, must apply for Individual Permitpp y

Non Applicability Form (NAF)

All stormwater is directed to a CSO, or Stormwater discharge is authorized under existing NJPDES DSW or DGWunder existing NJPDES DSW or DGW Permit, orPermanent No Exposure – Source material and/or activities are performed within permanent structures

31

Some Common Source Operations…. Fueling and Bulk Fueling OperationsChemical Storage and Delivery AreasSludge Loading and Unloading AreasSeptage Recei ing AreasSeptage Receiving AreasMaintenance Material Storage AreasService water wash down areasSolids drying padsDumpsters containing materials other than office and kitchen wasteS ff f i jStormwater runoff from construction projectsOutdoor Welding/Sandblasting Operations

Don’t Forget! – Annual Certification & Training

Required to submit an annual certification form - (“Generic Certification Form”)

Inspect site each year to see if new source material or source operations have been addedDon’t Forget Annual Employee TrainingTraining

32

Spill Prevention Control and Countermeasures

USEPA 40 CFR 112

What is the EPA’s Oil Program?December 11, 1973 – Original SPCC Rule – 8 pages

“Oil Pollution Prevention Regulation” created to address oil spill provisions in the Clean Water Act of 1972

1988 – Ashland Oil Spill – 4 million gallons into Monongahela River

1991, 1993, 1994 – EPA proposes and adopts revisions to the original SPCC Rule

July 17, 2002 – Final Revised Rule – 112 pagesAddresses & clarifies revisions from 1991, 1993, 1997

December 2006 – Amendments – Streamlines rule for smaller, qualified facilities

October 1, 2007 – Proposed Amendments – Additionally streamlines rule to encourage greater compliance

33

Regulates the aboveground storage of oils, petroleum and non petroleum in excess of

Spill Prevention Control and Countermeasures

p p1,320 gallons stored in containers 55 gallons and greater

Must have route to navigable waters, waters leading to navigable waters, or ability to migrate off-sitemigrate off site

SPCC Applicable Containers Include…

Aboveground Storage TanksMobile fueling tanksMobile fueling tanksWet TransformersDrumsGenerator Sub-base TanksEquipment with Oil Reservoirs (e.g. hydraulic fluid)EtEtc.

34

Section 112.1 (d)(6) ― Wastewater Treatment Facility Exemption

… if a wastewater facility or part thereof is used for the purpose of storing oil, then there is no p p gexemption, and its capacity must be counted as part of the storage capacity of the facility…At permitted wastewater treatment facilities, storage capacity includes bulk storage containers, hydraulic equipment associated with the treatment process, containers used to store oil which feed an emergency generator associated with wastewater treatment…

Recent SPCC Rule Amendments

Effective February 26, 2007Streamlines Requirements for:

Qualified Facilities with an oil storage capacity of 10,000 gallons or less10,000 gallons or lessOil Filled Operational EquipmentMobile Re-Fuelers

Clarifies requirements for Motive Power Equipment

35

What is a Qualified Facility?

Qualified Facilities10,000 gallons or less of aboveground petroleum storageN t bl di h f 3 i t lNo reportable discharge for 3 years prior to plan certification

Reportable DischargeA single discharge to a navigable water exceeding 1,000 gallons; orTwo discharges to navigable waters each exceeding g g g42 gallons within a 12 month period

Qualified Facility Benefits Self certify without P.E.

Streamlined integrity testing for ASTs

Streamlined security requirements

Streamlined requirements for oil filled operational equipment

36

Other ChangesMobile Re-fuelers

No longer requires sized secondary containmentGeneral secondary containment requirements apply

Motive Power ContainersBulk storage container used to power vehicleExempt from the SPCC RuleTransfer to motive power containers still an applicable activity

SPCC – October 2007 Proposed Amendments

Will allow “Tier 1 Qualified” facilities to use a SPCC templateMaximum individual container of 5,000 gallons Site wide total does not exceed 10,000 gallons No reportable discharge in the past three years

Features of Tier 1 Qualified FacilityyChanges to Overfill protection

Tank sight gauge & employee observation during transfer operations acceptable Include brief overfill prevention practices description

No Corrosion Protection for buried pipingFacilities which deviate from SPCC template and use “Environmental Equivalence” measures must be certified by P.E.

37

SPCC – October 2007 Proposed Amendments

EPA proposes to add a “Tier 2 Qualified Facility” & “Tier 3 Qualified Facility” Descriptions

Tier 2 5 001 d 10 000 ll f t t l il t5,001 and 10,000 gallons of total oil storage capacity Written SPCC Plan required but no PE certification

Tier 3 Greater than 10,000 gallons These facilities would be required to have a written SPCC Plan certified by a PE

Pitfalls Site plan must identify all storage containers, direction of flow, and access to navigable waterwayGeneral secondary containment requirements y qapply to fuel delivery areas

Fuel delivery area must include a pre-deployedmechanism for preventing discharge from a likely spill

Failure to provide leak detection and overfill protection mechanisms for ASTsPlan must be signed by Management and PEPlan must be signed by Management and PE (as appropriate)

38

Need Additional Info…http://www.epa.gov/oilspill/spcc.htm

NJDEP Discharge Prevention ProgramN.J.A.C. 7:1E

Discharge Prevention Containment and Countermeasure Plan

39

Who is Regulated?

“Major Facilities” with a combined storage capacity of at least:

20,000 gallons or more of hazardous substances

200,000 gallons or more of hazardous substances including petroleum products

What is Regulated?

All containers greater than 5 gallons containing:

Liquid petroleum and petroleum productsAll chemical substances listed in Appendix A –All chemical substances listed in Appendix A –

liquid, powders and gasesSolid metals > 100 micrometers excluded

40

Once You’re In…

• Key provisions include:

– Discharge Prevention, Containment and C t (DPCC) l d Di hCountermeasure (DPCC) plan, and a Discharge Cleanup and Removal (DCR) plan

– Testing and inspection of above-ground storage tanks – Assuring adequate secondary containment – Developing standard operating procedures – Maintaining security– Training employees

K i i d d– Keeping required records

Important Things to Consider

Must use the total volume of substanceMost Chemicals Listed in Appendix A

do not have a de minimus quantity

Equivalent measure for solids and gasesTotal volume, in gallons, of the drum,

tote or other container holding the hazardous substanceThe calculated volume, in gallons, of

the space the hazardous substance the space the hazardous substance occupies if not transported or stored in containers

41

Typical Chemicals to ConsiderPolymers – percentages of Acrylamide and Adipic Acid

Acids

Sodium Hypochlorite

Sodium Hydroxide

Potassium Permanganate

Sulfur Dioxide

ChlorineC o e

Calcium Hypochlorite

And many others…

More Information:http://www.nj.gov/dep/rpp/brp/dp/index.htm

42

Questions?

Chris Gulicscgulics@pmkgroup.com

Rich Ericksonrerickson@pmkgroup.com

1-800-879-6681