UST Owners and Operators – Check Your Financials Reply

Per Massachusetts Underground Storage Tank (UST) regulations found at 310 CMR 80.52: All Owners or Operators of UST systems shall maintain and demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of UST systems.

Many Owners and Operators use commercial insurance. However, the regulation requires the coverage to be in the form of a separate policy or an endorsement to an existing policy. Any endorsement must include very specific language included in the regulation.

Why does this matter?

In accordance with 310 CMR 80.49(7), third party inspectors are required to verify that financial responsibility is current and documented. However, the date of the third party inspection is not the best time to be seeking the proper documentation; a better time is now! A few phone calls this week will save many headaches when it is time for the next third party inspection.

If you need a third party inspection, or if you have other UST questions, please contact Christopher Walton, PE, at cwalton@capaccio.com or (508) 970-0033 ext. 139.

 

Starting August 1, 2015: MassDEP’s New Online UST Data Management System Goes Into Effect Reply

The Massachusetts Department of Environmental Protection (MassDEP) is rolling out a new on-line data management system for Underground Storage Tank (UST) Registrations and Third-Party Inspections. Beginning August 1, 2015, MassDEP will no longer accept paper UST forms. With the roll-out of this electronic system, MassDEP will also be initiating its Owner Compliance Certification program. In addition to ensuring that third-party inspections are completed, owners will be required to certify compliance through the online system. The letter from Tom DeNormandie, Branch Chief at MassDEP, is copied below, for your convenience.

If you require assistance with third-party inspections or compliance certifications, please contact Christopher Walton at 508.970.0033 ext. 139 or cwalton@capaccio.com.

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Dear Class A, A/B and B Operators and Third-Party Inspectors:

Beginning in July, MassDEP is transitioning from the current paper based Underground Storage Tank (UST) Program registration and reporting forms (FP-290, FP-290R and FP-289), to a new online data management system that provides UST system owners and operators a more convenient, electronic way to update facility registration information and submit applicable reporting documents.

The new data management system will be available for user registration by mid-July.  MassDEP will notify all Class A, A/B and B operators and third-party inspectors when the data management system is ready for use.

UST Program Reporting Transition Schedule

  1. Effective July 31, 2015, MassDEP will no longer accept FP-290, FP-290R and FP-289 documents for purposes of compliance with UST registration and third-party inspection reporting requirements under 310 CMR 80.00.
  2. Effective August 1, 2015:
    1. All new and updated UST registration submittals shall be made electronically through MassDEP’s new online UST data management system.  Registration information may be submitted as a paper document, if accompanied by a hardship request.
    2. All third-party inspection results shall be reported electronically by third-party inspectors using the new Third-Party Inspection (TPI) Report provided through the new online data management system.  The third-party inspector will then electronically forward the TPI Report to the UST system owner or operator for signature and submittal to MassDEP.

Compliance with Third-Party Inspection Reporting Requirements
To provide UST system owners, operators and third-party inspectors time to register as users in the data management system and become familiar with the system and new Program requirements, TPI Reports due between August 1, 2015 and October 31, 2015 will be allowed up to October 31, 2015 to submit their required TPI Report using the new online data management system.

All TPI Reports for this period received after October 31, 2015 may be subject to enforcement.

Compliance Certification Submittals
The Compliance Certification submittal requirement goes into effect November 1, 2015. MassDEP will issue 90-Day Reminder notifications in July to UST system owners and operators with  Compliance Certifications due in November 2015.

Data Management System Training for UST Owners, Operators, and Third-Party Inspectors

  1. Third-Party Inspector Online Webinar Training
    Data management system overview:
  • Registering as a user
  • Data management system navigation
  • Initiating a TPI and “sharing” a TPI Report with a UST system owner or operator.

Webinar Training Dates
No pre-registration is required to participate. Further information on webinar call-in number and conferencing service will be emailed to all TPIs prior to date of scheduled training and posted on MassDEP’s UST webpage.

  • July 15, 1 – 3pm
  • July 22, 1 – 3pm
  • July 30, 1 – 3pm
  • Aug 27, 1 – 3pm
  1. UST System Owners and Operators Training

This is “hands on” training for UST systems owners, operators and staff responsible for preparing and/or submitting UST registration documents, TPI Reports and Compliance Certifications.

Space is limited and available on a first come, first serve basis (system owners and operators with most imminent submittal due dates will receive priority). Additional sessions will be added as demand requires.

To reserve space, please submit your name, company, and preferred date and session to: dep.ust@state.ma.us.

Date July 17, 2015 July 21, 2015 July 27, 2015 July 28, 2015
Facility Bristol CC Holyoke CC Worcester State University North Shore CC
City/Town Fall River, MA Holyoke, MA Worcester, MA Danvers, MA
Room Capacity 28 23 25 18
Session #1 10am – Noon 10am – Noon 10am – Noon 10am – Noon
Session #2 1pm – 3pm 1pm – 3pm 1pm – 3pm 1pm – 3pm

Data Management System Training Materials on MassDEP’s Webpage
The following materials will be posted on MassDEP’s UST webpage (http://www.mass.gov/eea/agencies/massdep/toxics/ust/) at the time the UST Data Management System goes “live”.

  1. Data Management System User Guide
  2. “What Do You Want To Do” Guide
  3. Required Data Elements of Data Management System
  4. Audio Power Point Presentations
  5. DEP Hotline #

If you have any questions concerning the introduction of the new UST online Data Management System, please email the Program at: dep.ust@state.ma.us, or call the MassDEP UST Program Hotline at (617) 556-1035 Ext. 2.

Tom DeNormandie, Branch Chief
Massachusetts Department of Environmental Protection
Underground Storage Tank/Stage I & II Vapor Recovery Programs
One Winter Street – 7th floor
Boston, MA  02108
Phone: 617-292-5763
Fax: 617-556-1063

MassDEP Extends Deadline for Submittal of Certain Third-Party Inspection Reports Reply

Taken from recent MassDEP email sent by Nancy L. Seidman

Due to the extraordinary accumulation of snow over the past 6 weeks, MassDEP recognizes that performing Third Party Inspections and Stage I/II annual compliance testing may have been and could still be difficult to complete. Given this unique circumstance, MassDEP will accept as compliant TPI reports and Stage I/II certifications that were scheduled to be completed between January 15 and March 15, if they are submitted no later than March 31, 2015. This extra time will not affect a facility’s future compliance date(s).

MassDEP expects that facilities will return to normal operation as quickly as feasible so that receipt of product and all required regulatory obligations such as A/B operator inspection, system testing and TPI reports will be accomplished.

If you have additional questions please call the Stage I/UST assistance line at 617-556-1035.

If you need any additional assistance, please call Chris Walton, PE, BCEE, Senior Associate and Technical Area Leader for Tank Services at CAPACCIO at 508-970-0033 ext. 139 or cwalton@capaccio.com.

MassDEP Issues New Underground Storage Tank Rules: 310 CMR 80.00 Reply

On January 2, 2015, new underground storage tank (UST) regulations went into effect and the previous Department of Fire Services regulations at 527 CMR 9.00 were rescinded.

While many of the requirements have remained the same, several new provisions have been added. These include:

• New design, construction and installation requirements
• New general operating requirements
• New third-party inspection requirements
• New financial responsibility requirements and
• New authority for MassDEP to institute delivery prohibition orders.

Of particular interest to owners and operators of UST systems serving emergency generators is a new requirement for these systems to have leak detection. There are also new requirements that may require upgrades of systems that utilize submersible pumps and ball-float valves. In addition, any new or replacement spill buckets must now be five gallons.

It is important to note that although the new regulations are issued and enforced by MassDEP, the local fire department will still maintain jurisdiction over permits for flammable storage.

More information, including a summary of the changes and a copy of the new regulations, can be obtained at http://www.mass.gov/eea/agencies/massdep/toxics/ust/newregs.html

CAPACCIO can help owners and operators interpret the new requirements and assist in determining if action is necessary to address the new requirements. Please contact Chris Walton, PE, BCEE, at (508) 970-0033 x139 or cwalton@capaccio.com if you would like to learn how we can help.