Hawaii DOH Underground Storage Tank (UST) section
Public Hearing Notice 11/29/19
The State of Hawaii Department of Health will hold a public hearing for the proposed amendment of Hawaii Administrative Rules chapter 11-280.1. The proposed amendment removes the limitation on the amount of time the department has to take action on a complete application for an Underground Storage Tank (UST) system permit and removes the automatic approval of a permit when that time limit is exceeded. The proposed change eliminates an unintended potential consequence of the current rules: namely, that a contested permit is automatically “deemed approved” if the department is unable to take action on the permit within one hundred eighty (180) days of receiving a complete application. This change creates no new obligations for tank owners and operators and should have no impact on the issuance of routine UST system permits that are not the subject of dispute, particularly permit renewals for existing systems.
The proposed amendment can be viewed at 2827 Waimano Home Rd #100, Pearl City, Mon-Fri, 8am-4pm (except state holidays) and is posted online at health.hawaii.gov/shwb/ust-har. Copies will be mailed on request and payment of a 5 cent/page copy fee and postage; call 808-586-4226 to request.
The public hearing will be at 9am on December 30, 2019 at the State Lab auditorium at 2725 Waimano Home Rd, Pearl City. All interested parties may attend to present relevant information and individual opinion. Anyone unable to attend may send written testimony to Attn: sec. 11-280.1-327; 2827 Waimano Home Rd #100 Pearl City, HI 96782 or [email protected]. Testimony must be received by January 6, 2020. To request an auxiliary aid or service (e.g. ASL interpreter, large print) for the hearing, call 808-586-4226 (voice/TDD) or e-mail [email protected] by December 19.
This proposed amendment and scheduled public hearing is in addition to changes to chapter 11-280.1, HAR, that have already been proposed and for which a public hearing has already been scheduled (December 2). The previously proposed changes (regarding tank design and construction and technical clarifications) are not related to, nor do they have any impact on, the proposed changes being introduced pursuant to this notice (regarding permitting). If you have already submitted comments on the previously proposed changes, you do not need to re-submit those same comments during this new comment period for the more recent amendments. The submission of additional comments is necessary only if those comments concern the changes proposed in this notice.
Public hearing notice
The State of Hawaii Department of Health will hold a public hearing for the proposed amendment of Hawaii Administrative Rules chapter 11-280.1. The proposed amendments are primarily designed to increase the protections chapter 11-280.1, HAR, affords Hawaii’s environment and public health by requiring all field-constructed underground storage tanks (USTs) and USTs that are part of airport hydrant fuel distribution systems to have secondary containment by July 15, 2045. Amendments are also proposed to improve the clarity of existing requirements and ensure that the state regulations are fully consistent with the federal UST regulations.
The proposed amendments can be viewed at 2827 Waimano Home Rd #100, Pearl City, Mon-Fri, 8am-4pm (except state holidays) and are posted online at health.hawaii.gov/shwb/ust-har. Copies will be mailed on request and payment of a 5 cent/page copy fee and postage; call 808-586-4226 to request.
The public hearing will be at 9am on December 2, 2019 at the State Lab auditorium at 2725 Waimano Home Rd, Pearl City. All interested parties may attend to present relevant information and individual opinion. Anyone unable to attend may send written testimony to Attn: UST Rules 2827 Waimano Home Rd #100 Pearl City, HI 96782 or [email protected] Testimony must be received by December 16, 2019. To request an auxiliary aid or service (e.g. ASL interpreter, large print) for the hearing, call 808-586-4226 (voice/TDD) or e-mail [email protected] by November 20.
UPDATE: DOH have developed the following recommended forms for Operator Class A, B and C List/Designation and two versions of the Walkthrough Checklist. The other two documents, regarding financial responsibility and compliance dates are FYI.
List of Designated Class A/B/C Operators (rev 5/2019) – This form is not required but recommended to let the department know of Class A/B/C operator information.
DOH Sample Walkthrough inspection check-off lists -These forms are not required but recommended to document the requirement to conduct walkthrough inspections. There are two sample forms provided below. One is owners/operators of a single tank system and the other is for owners/operators of multi-tank systems.
Summary of Compliance Dates (rev 5/19) This document has been revised on May 14, 2019. The tables summarize dates by which owners and operators of underground storage tanks (UST) systems would need to comply with new requirements pursuant to Hawaii Administrative Rule §11-280.1. This list is not exhaustive of all of the changes to the regulations
EPA Memo on Financial Assurance This memo encourages owners and operators to scrutinize their insurance policies, used to comply with financial responsibility (FR), to ensure that it contains only acceptable exclusions.
UST Rules – Public hearing notice 11/29/19
Chapter 11-280.1, HAR, effective July 15, 2018
Please note: Numbering/formatting has been corrected on page 28 of the rules. If you printed the rules between July 16 and July 18, 2018, please re-print and replace your page 28 with the corrected version.
HAR rulemaking public notice and process documentation – Public hearing notice 11/29/19
Important information for owners and operators of field-constructed tanks (FCTs) and airport hydrant systems (AHS): You are required have a permit for your facility by July 15, 2019. You must submit your permit application by January 15, 2019 to ensure sufficient time for departmental review and approval.
List of Designated Class A/B/C Operators (rev 5/2019) & List of approved UST training providers rev. September 20, 2019 – There has been an additional vendor added to the approved operator training vendors list. The department is also working on supplemental guidance documents. Eventually these documents will be made available on our website. Important information regarding approved operator training programs:
- Departmental approval does not equate to DOH recommendation/endorsement. Approved programs address the minimum topics required under HAR §11-280.1-242 Requirements for operator training.
- The quality of training programs programs may vary.
- Approved training programs may not address Hawaii-specific regulatory requirements with much detail because there is no specific requirement to do so, or may not address the specific requirements of your facility. It is your responsibility to be in compliance with all applicable UST regulations. Please contact DOH UST Section at 586-4226 if you have any questions on the training requirements for your facility.
- Please check the list of training providers to ensure that your chosen vendor has received the required approvals.
UST Release Response guidance
October 2017 – DOH’s HEER Office has revised the Environmental Action Levels (EALs). Please refer to the EAL Surfer for current EALs.
New! September 23, 2019 – DOH SHWB and DOH UST Section have adopted the DOH HEER guidance for UST release response with this policy memo: “Use of HEER Office Environmental Action Level Guidance and HEER Office Technical Guidance Manual for Characterization and Remediation of Contaminated Properties Overseen by the SHWB“. Please follow the applicable guidance in the DOH HEER TGM, DOH HEER EAL guidance, and other guidance documents on the DOH HEER website for UST release response including Multi-Increment (MI) soil sampling, low flow groundwater sampling, soil vapor (SV) sampling, use of appropriate EALs, and preparation of Environmental Hazard Evaluations (EHE), and Environmental Hazard Management Plans (EHMP).
- New – Five decision units (DUs) are requested for multi-increment soil sampling of UST excavations for USTs 6,000 gallons or larger. For USTs less than 6,000 gallons, the four walls and floor may be combined into one DU and MIS soil sample to be sent to the lab. Additional DUs are requested for pipe runs and beneath fuel dispensers.
- On neighbor islands, consultants may use alternative methods described in Section 5.6 of the HEER TGM to avoid the use of methanol for analyses of volatile organic compounds (VOCs) in soil samples, including freezing of samples in collector and extraction into methanol at the laboratory. Soil vapor samples collected at depth in the areas of UST systems may be used to assess the presence/absence of significant TPH in lieu of soil sampling for initial site assessment to avoid methanol transport by air (see Tables C-2 and E-2 in Appendix 1 of HEER EAL guidance).
- See Table 9-5 in DOH HEER TGM for required petroleum constituent analyses by fuel type. Unknown USTs need TPH-g, TPH-d, TPH-o and sub-analytes on Table 9-5.*
- Formats for the UST Initial Release Response report and Quarterly Release Response reports may follow the format of Site Investigation reports in DOH HEER TGM 18.5.9. Call DOH UST at (808) 586-4226 for additional information.
* For gasoline and diesel UST releases – DOH UST and DOH HEER request that TPH-d be added to TPH-g and gasoline sub-analytes in HEER TGM Table 9-5 for all groundwater analyses of gasoline UST releases, and that TPH-g be added to TPH-d and middle distillate sub-analytes for all groundwater analyses of middle distillate (diesel, jet fuel) UST release sites. This is for groundwater analyses only. The purpose is to monitor changes in petroleum hydrocarbon chain length as a result of bio-degradation and physical degradation in the sub-surface. [Dec 18, 2018]
Walkthrough Checklist for Single – Tank system – Recommended checklist to conduct the monthly walkthrough for facility with one tank system.
Walkthrough Checklist for Multi – Tank system – Recommended checklist to conduct the monthly walkthrough for facility with more than one tank system.
Request for Public Record form – Facility files and documentation for regulated USTs in Hawaii and release sites.
Notification for Underground Storage Tanks Form (Form 1 rev. 2/2019) – Complete this form to notify DOH of changes to the UST or UST system.
Application for an Underground Storage Tank Permit (Form 2 rev. 2/2019) – Required by DOH for installation and/or operation; modification of UST system.
Certification of Underground Storage Tank Installation (Form 3 rev. 2/2019) – Required within 30 days following installation of a UST or tank system.
Application for Renewal of an Underground Storage Tank Permit (Form 4 rev. 2/2019) – Renewal application shall be received by DOH at least 180 days prior to expiration of existing permit.
Application for Transfer of an Underground Storage Tank Permit (Form 5 rev. 2/2019) – Application for transfer of UST owner/operator shall be received by DOH at least 30 days prior to date of the transfer.
UST Intent to Close form – Required at least 30 days prior to closing or removing a UST.
Confirmed Release Notification form – Required by DOH within 7 days of reporting a confirmed UST release.