Montana DEQ MUST Newsletter by Fatmoose Media

MONTANA UNDERGROUND STORAGE TANK PROGRAM NEWSLETTER

Yellowstone River Oil Spill – Photo by MT DEQ

Department of Environmental Quality

Summer Issue 2011 Inside This Issue

SPILL

rews continue to clean up and further assess and track where oil landed following this summer’s Yellowstone River oil spill. On Friday night, July 1, 2011, an estimated 1,200 barrels, or nearly 50,000 gallons, of crude oil spilled into the fast-moving, flood-stage river when ExxonMobil Pipeline’s Silvertip Pipeline broke near Laurel. The 12-inch pipeline was buried about four feet under the river bed. What caused it to sever still is under investigation. At the time, the high water was over the bank, so oil reached shoreline properties, riparian areas, fields and pastures. People were evacuated from continued on page 2

Oil residue along the Yellowstone River banks Photo by Montana DEQ, Remediation Division

Yellowstone River Oil Spill ... 1 Roundup Flooding and Leaking Underground Storage Tank Sites ............... 6 Water Monitoring & Removal For All Storage Systems ...... 7 Petro Factoid...Inspection before Renewal ..................... 8 Are Your Underground Storage Tanks Properly Closed .................................... 9 Underground Storage Tank Fuel Delivery Prohibition .. 1 0 jUST Jargon – Do Not Fill List ...................................... 1 0 Closing Low-Priority Sites Undergoing Monitored Natural Attenuation .......... 1 1 Petro Factoid...Financial Responsibility .................... 1 2 Pilot Project for Groundwater Monitoring ......................... 1 3 EPA Invests $4.3M to Boost the Revitalization of Properties in Montana Communities ...................... 1 4 New After-Hours Phone Number for Petroleum Releases:(406) 324-4777 .. 1 5 Petro Factoid...New Vapor Intrusion Guide by Montana DEQ .................... 1 5 Petro Board Member Changes ............................... 1 6 New Data Control Specialist for DEQ Underground Storage Tank Section ........ 1 6 “Thank You” to Theresa Balazicevich ....................... 1 7 New Environmental Enforcement Specialist at DEQ .... 1 7 Public Comment Period for Petroleum Mixing Zone Rules Amendments ............ 1 8 Fund and Release Status Report ................................. 1 8 Save the Date ......................... 1 9

Underground Storage Tank Section 1520 East Sixth Avenue • Helena, MT 59620-0901 Phone: 406-444-5300 • Fax: 406-444-1374 E-mail: ustprogram@mt.gov • UST Web: www.deq.mt.gov/UST Petroleum Technical Section • Petroleum Tank Release Compensation Board Leaking Underground Storage Tank (LUST)/Brownfields Section 1100 North Last Chance Gulch. • P. O. Box 200901 • Helena, MT 59620-0901 Phone: 406-841-5016 • Fax: 406-841-5091 Remediation Web: www.deq.mt.gov/rem

MUST News Yellowstone River Oil Spill - continued from page 1 their homes as chemicals from the crude oil vaporized into the air during the first few days after the spill. Some people sought medical care. At least 230 property owners had contamination on their land. The Montana Department of Environmental Quality (DEQ) was appointed the official response agency for the state; DEQ was on the scene by early July 3rd and has been supporting and overseeing the response ever since. Therefore, our distribution of this summer issue of MUST News is a little behind schedule. A brief summary of the response activities follows.

Aerial tour of the flooding Yellowstone River polluted with oil residue.

On July 5, Montana Governor Brian Schweitzer issued an Executive Order declaring an emergency in Yellowstone, Treasure, Rosebud, Custer, Prairie, Dawson, and Richland Counties along the Yellowstone River due to the oil spill. Governor Schweitzer made it clear that he will hold ExxonMobil accountable, and that the cleanup will be done to Montana’s strict standards. “The cleanup is done when the state of Montana says it’s done,” said Governor Schweitzer as he toured the site early on, and then again to a packed public meeting in Billings, one week after the spill. Governor’s Billings Office The week following the spill, Governor Schweitzer set up a special office in Billings for public information. Citizens were invited to visit the office, voice concerns and ask questions. Within the first two weeks, the office had received more than 200 calls, visits and emails. The state also set up a website: www.yellowstoneriveroilspill.mt.gov.

Aerial view of the Yellowstone River contaminated with oil residue.

Emergency response and cleanup The pollution was worst near the source of the spill at Laurel, 20 miles upstream from Billings. However, Shoreline Cleanup Assessment Technique (SCAT) teams found oil as far as 72 miles downstream from the spill site. Officials estimate that only one percent of the oil released will be recovered because the swift current swept much

Governor Brian Schweitzer conducting a public meeting for concerned citizens.

continued on page 3

Summer 2011

Yellowstone River Oil Spill - continued from page 2 of it away, and also because a significant amount has evaporated and naturally degraded. In the first weeks, crews mopped up free-floating oil with booms and absorbent pads. Due to the flood conditions, a great deal of oil was deposited on vegetation standing above the ground. This black streak, standing in some places four feet above the ground, is called the “bathtub ring” by many who have seen it. The smaller vegetation has been cut and removed and the larger trees have been wiped. In places where oil cannot be removed, it may be treated with a dust fixative or other means to protect wildlife. The flood stage waters also deposited large piles of uprooted trees and other woody debris along the river corridor, which have acted as areas prone to oil collection. These debris piles are being dismantled and the oily portions removed wherever possible. If traversing or getting equipment to an area would cause more harm to the ecosystem than good, any oil in that area will be monitored as it naturally attenuates, or breaks down.

Tub ring of oil stain left from flooding.

DEQ has been working with EPA to check, monitor and oversee the scoping, sampling and cleanup done by ExxonMobil and its contractors. DEQ staff have been joining SCAT teams, and the state has done its own testing of crude oil and started its own soil and water sampling program for landowners.

Cleanup of free floating oil using absorbent booms.

One month after the spill, more than 1,000 workers were on the effort. Thirty percent were Montanans. It was at the insistence of the state that more Montanans were hired. Eventually, the emergency response and cleanup will yield to long-term remediation and restoration of the river system. DEQ is the lead in that oversight. Montana Scientists Helping Montana Landowners In mid-July, the Governor launched a sampling program, “Montana Scientists Helping Montana Landowners.” Property owners and DEQ scientists and contractors sampled drinking water, irrigation water, surface water and oiled soil. The program served 40 properties. At the time, at least 14 drinking water wells and 6 irrigation wells had been tested. In addition, at least seven samples were collected from surface water bodies such as oxbows, sloughs or

Sampling

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MUST News Yellowstone River Oil Spill - continued from page 3 puddles. Four of the wells had trace concentrations of various chemical constituents, though none raised undue concern. “We’re happy that none of the petroleum-related chemicals we tested for exceed drinking water standards,” DEQ Director Richard Opper said. “As an extra precaution, we do intend to resample the four wells.” Continued remediation work will also include a more thorough groundwater investigation, starting at the most heavily oiled portions of the river floodplain. By the first week in August, state sampling results were ready. Analysis of crude oil taken from a section of pipeline showed that the petroleum components are consistent with those found in crude oil.

Aerial view of Laurel, MT and the oil polluted Yellowstone River.

Out of 87 soil samples taken from 23 properties under this program, nine properties showed no risk from crude oil. Low concentrations of petroleum constituents were found at seven properties, and seven properties had petroleum concentrations that required cleanup. “We encouraged people to sample the worst parts of their property, so we’re not surprised to find evidence of crude oil in their soil,” Governor Schweitzer said. “But it appears that what we did find was the heavier components of the oil. The lighter, smellier, more toxic elements of the oil have largely evaporated or weathered away, which may be comforting news for the affected landowners.”

Severed pipeline Severed pipline.

Watching Out For Wildlife Montana Fish, Wildlife and Parks (FWP) cooperated in the search for oil and is studying the impact on fish and wildlife along the Yellowstone River. The public is encouraged to report wildlife concerns to the Wildlife Hotline (800) 259-0596. Initial sampling showed that rainbow trout and white sucker meat from fish caught below the break did not contain levels of oil that would cause a human health concern. The department was still trying to catch a representative sampling of catfish before declaring all fish safe to eat.

Aerial view of the flooding Yellowstone River polluted with oil residue.

continued on page 5

Summer 2011

Yellowstone River Oil Spill - continued from page 4 Meanwhile, FWP biologists will analyze livers and gonads from the captured fish to measure any longterm environmental effect of the oil in the river. Those results will take some time. Pipeline Safety Council By Executive Order on July 20, 2011, Governor Schweitzer established the Montana Pipeline Safety Council to investigate pipeline river crossings in Montana and make recommendations to prevent pipeline ruptures, breaks and spills in the future. The Council held its first meeting on August 3. About 50 people attended, some of whom spoke, while DEQ Director Richard Opper chaired the Council, and Department of Natural Resources and Conservation Director Mary Sexton and former Department of Transportation Director Jim Lynch also served at the Council meeting.

Cleanup crew staging area.

“We need to know every pipeline, its diameter, shutoff valves, pressure levels, what product it’s carrying, and inventory all regulations,” said Governor Schweitzer. “We need regulatory agencies with teeth.” He said accidents happen, but we must work to prevent them. The Governor stressed that Montana will continue to drill for oil and gas. “We don’t want to slow down energy production, but we need to do it right,” said Governor Schweitzer.

Oiled tree branches.

The Yellowstone River spill drew worldwide attention and captured national and international headlines for weeks. It opened the nation’s eyes to the importance of pipeline safety and launched a collective promise for lasting resolve. For more information on the oil spill, visit http://deq.mt.gov/silvertipoilspill/default.mcpx. For information on the Pipeline Safety Council, visit http://deq.mt.gov/adv_councils/ oilpipelinesafetycouncil.mcpx. Q Oil stained grass. Photos of the Yellowstone River flooding and oil spill were taken by Montana Department of Environmental Quality staff.

MUST News

Roundup Flooding and Leaking Underground Storage Tank Sites

Busy Bee Café inundated by floodwaters. Spring 2011.

pring flooding of the Musselshell River had devastating effects on the community of Roundup, causing significant property damage to many homes and businesses. The southeastern portion of town along Highway 12 and 1st Avenue East was hard hit by the flooding when a section of the Musselshell River’s levee failed. Homes and businesses such as the Busy Bee Café (pictured above) were inundated with up to 8 feet of water. There are several underground storage tank (UST) and leaking underground storage tank (LUST) program sites along Highway 12 and 1st Avenue East in Roundup that were flooded. Fortunately, no new petroleum releases have been reported from USTs ‘floating’ in the tank basin pea gravel causing product piping failures. Three American Recovery and Reinvestment ACT of 2009 (ARRA) LUST sites exist in the flood plain of the Musselshell River. Only the Pepco facility, which is located adjacent to the Busy Bee Café, was totally inundated by floodwaters, thus precluding the spring groundwater monitoring event. The floodwaters gradually receded leaving the Pepco groundwater monitoring wells buried under several inches of fine sediment (see photo). Four of the wells were exhumed in June and all of them appear to be functional. DEQ plans to

sample the groundwater monitoring wells to determine what effects the flood had on petroleum hydrocarbon concentrations and distribution. Q

Eastern portion of Pepco property after floodwaters have receded. June 2011.

Summer 2011

Water Monitoring and Removal for All Storage Systems Reprinted by permission from the Steel Tank Institute “Keeping Water Out of Your Storage System”

moist environment in today’s lead-free fuels, microbial growth can more readily occur.

oor operations and maintenance procedures for water monitoring and removal from storage systems can lead to a number of problems, from degradation of fuel quality and subsequent vehicle performance, to microbial contamination and damage of the entire storage system. This pertains to all storage systems, both underground and aboveground, constructed of any material and storing nearly any product – gasoline, diesel, residential and commercial heating oils, aviation jet fuel and others.

Installation procedures Common procedures – including open vents, low fill areas and sloped tank installations – all contribute to water accumulation. Microbial activity is better understood and more common As a result of the above changes within the industry, microbial activity has been found to be a much more common phenomenon than previously realized.

The entire storage system is potentially impacted by water and its possible consequences, not just the storage tank. While the tank, as the common collection place, is where chemical reactions can brew, it also provides an easy means to monitor for water in the system and a common place to treat the problem.

How Water Enters a Storage System In addition to possible water in the delivered product, water can enter a storage system via damaged fill boxes or fill cap gaskets, loose fittings or plugs, poor practices relating to spill buckets, rainwater accumulated within tank sumps and which enter via any tank orifices that are not water/vapor tight, and condensation caused by fuel temperature swings or air entering via vents. Certain fuels are also more prone to moisture attraction and subsequent separation when subject to temperature swings.

It is imperative that all owners and operators of storage systems immediately implement routine operations and maintenance procedures for water monitoring and removal of water, if detected. Recent Industry Changes Elevate the Importance of Water Monitoring and Removal Although operations and maintenance procedures for water monitoring and removal have been a recommended practice for over thirty years, recent changes within the industry have increased the risk for water entry and accumulation in the storage system, and subsequent microbial growth if water is not removed.

Preventing Potential Problems Associated with Water Major industry groups have developed recommended operations and maintenance procedures, but basic practices include:

The distribution infrastructure More fuel is moving faster through the distribution/delivery infrastructure, leaving less time for water to settle out before the product moves from step-to-step in the distribution process. A shift from proprietary to shared delivery infrastructures (bulk terminals, pipelines, transports) has removed much of the control that individual companies had over the process and product. Gasoline chemistry From the removal of lead and MTBE, to additives such as ethanol and biodiesel, product chemistry has undergone fairly recent change. These new fuels are more susceptible to moisture accumulation, separation and potential biodegradation accelerated by water. For example, lead was a natural poison to the microbes that could be grown in a

Monitoring and checking for water with automatic tank gauging systems and manual gauge sticks.

Inspecting fill and vapor caps for damages and for missing gaskets, replacing if necessary.

Auditing the fuel delivery process and water content.

Using water-sensitive fuel filters and watching for slowed-down fueling.

Treating storage tanks with antimicrobial pesticide (biocide) on a regular basis.

Employing a qualified professional to examine the inside of the tank, remove any water and sludge, and clean the tank periodically.

continued on page 8

MUST News Water Monitoring and Removal for All Storage Systems – continued from page 7 Locating Water in a Storage Tank and Removing It The first point of contact for guidance is a petroleum equipment or services contractor and/or the fuel supplier. Additional guidance is available from organizations such as the American Petroleum Institute (API), Petroleum Equipment Institute (PEl), ASTM International, and the National Oilheat Research Alliance (NORA).

product, such as plugged fuel filters and unusual exhaust smoke. If water levels in a storage tank were high enough to be pumped directly into a vehicle, immediate and major problems would occur – this is of particular concern when switching to ethanol-based fuels. Field detection kits can verify microbial growth, but it is suggested that qualified professionals with expertise in microbial contamination control be contacted to develop a treatment plan. This may include initial tank cleaning to remove the slime and sludge, followed by a treatment with a biocide.

Manual tank gauging and/or automatic tank gauging can detect water, but periodically pulling product samples from the tank is a prudent practice. Samples should be taken from the low end of the tank and, if possible, from more than one location in the tank. Hazy or waxy fuel samples indicate water and readily available field detection kits can check for microbes and whether the fuel meets specifications.

Additional Information Contact your fuel supplier and/or a petroleum equipment or service provider. Standards and informational resources are also available from organizations such as the STI, EPA, API, PEl, ASTM, PMAA, NORA, DOE and your state or local authorities (Montana Department of Environmental Quality at 444-1417). Q

If water is detected at any time, it must be removed by qualified service contractors. Signs of Microbial Growth Plugged fuel filters are a common result of microbial growth, caused by the slime created by a thriving microorganism colony clogging the small filter openings. Filter life shorter than six months is a warning signal (when flow slows to 3-5 gpm, something is amiss). Other signs are plugged fuel lines, erratic gauge readings, a rotten-egg odor, and frequent replacement of other components such as valves, rubber seals and hoses. Problems may also surface in vehicles fueled by contaminated

Petro Factoid… Inspection Before Renewal

Owners/operators of underground storage tanks must have an Operating Permit to lawfully receive and dispense regulated product. The department will issue an Operating Permit following a compliance inspection of each tank system done by a compliance inspector licensed by the department. Compliance inspections must be conducted every three years. Tank owners/operators must obtain a compliance inspection of their underground storage tank systems at least 90 days before their facility’s Operating Permit’s expiration date. The department encourages this inspection to be conducted 3 to 6 months before the Operating Permit expires to allow additional time to correct any violations discovered.

Summer 2011

Are Your Underground Storage Tanks Properly Closed?

Note that these standards and regulations include requirements to remove all product from the tank and lines, disconnect access lines, fill the tank completely with an inert solid material, and cap remaining underground piping. Other factors to be considered are whether fill lines and vent lines are open and whether access piping has been disconnected or removed.

ou buy an old gas station that hasn’t been operational since the 1980’s. You plan to open a small business in the building, or maybe just tear down the building and put in a parking lot. You don’t care that there are old USTs in the ground because you don’t plan to use them and besides, the dispensers were removed some years back and there are lids on the access pipes. No worries? Well, maybe there is something to be worried about.

If an UST can be accessed and material can be deposited into it, DEQ considers it not to have been properly closed and rendered incapable of future use for the storing of regulated substances. The following factors, by themselves, are insufficient to show that the UST has been rendered incapable of future use:

DEQ still comes across in situ underground storage tanks that have not held product since they first became regulated on November 22, 1989, but which are still accessible. DEQ has consistently followed a written policy concerning such tanks, and for most of the years prior to 2001 DEQ has followed the same policy. That policy can be described as follows:

1. 2. 3. 4.

If an existing UST was taken out of use prior to November 22, 1989, it still must meet current UST regulatory requirements unless the tank was emptied and closed prior to November 22, 1989, under industry standards that were in existence at the time, and the tank was rendered incapable of future use. Any UST that does not meet both of these requirements must comply with all current regulatory provisions for active USTs or must be permanently and properly closed in compliance with current law. Even if the UST was emptied, closed, and rendered totally unusable prior to 1989, DEQ still may assert jurisdiction and require corrective action if there is evidence of an unremediated release at the site.

Owners of USTs that have been out of use for at least 12 months – and owners include persons who own the property on which such an UST is located (see ARM 17.24.101(47)(c)) – must comply with the requirements of ARM 17.56.701(3), which provides: Out-of-service UST system components that do not meet the corrosion protection requirements of ARM 17.56.201 or 17.56.202 must, within 12 months of being taken out of service or, in the case of a found tank, within 12 months of its discovery, be: (a) permanently closed in accordance with ARM 17.56.702 through 17.56.706; or (b) brought into compliance with ARM Title 17, chapter 56, subchapter 2.

DEQ considers the following factors in determining whether an UST was properly closed and rendered incapable of future use before the jurisdictional date: 1.

Whether the UST is filled with an inert solid material (e.g., sand or cement); and

Whether the UST was closed according to one of the following industry standards in-place at the time of closure: a. The Uniform Fire Code (UFC); b. Industry standards published by the American Petroleum Institute (API); c. The National Fire Protection Association (NFPA); or d. Environmental Protection Agency (EPA) regulations.

Removing dispensers only; Emptying the tank only; Placing some inert material in the fill pipe; or Creating or allowing holes in the tank.

DEQ recognizes that some tank owners may disagree with its policy that USTs that have not been used since November 22, 1989, still need to be properly closed. In fact, there currently is a contested case pending before the Board of Environmental Review addressing this very issue. When the final decision in that case is rendered, DEQ will advise the regulated community if any change in DEQ’s policy and practice is required. In the meantime, be aware that DEQ will require any USTs that had not been closed and rendered incapable of use prior to November 22, 1989, to comply with all current regulatory standards and requirements or to be properly closed without delay. Q

MUST News

Underground Storage Tank Fuel Delivery Prohibition

Permit issued that reflect the “Do Not Fill” status. This operating status of each facility is found online at our web page at: http://deq.mt.gov/ust/operatingpermits.mcpx . Montana’s “Do Not Fill” List is found at http://deq.mt.gov/ UST/NonPermittedTanks.mcpx .

he Montana Department of Environmental Quality underground storage tank (UST) Program uses a fuel delivery prohibition process to inform petroleum and hazardous substance delivery companies of underground tanks that cannot legally receive fuel. The department has the authority to use delivery prohibition any time an underground storage tank has “egregious” violations discovered during a compliance inspection. Egregious violations must be corrected before an Operating Permit is issued.

Product deliverers have the responsibility to ensure that each underground storage tank system has a valid Operating Permit. Check the department’s “Do Not Fill” list before depositing fuel in any UST system at the link noted above. The department has in the past issued enforcement orders to delivery companies that have deposited fuel into delivery-prohibited tanks in the past.

UST systems that are designated as “inactive” will also be placed on the “Do Not Fill” list. Inactive tanks are required to have less than one-inch of product in them at all times. Having informed delivery companies is vital to the success of this program in the field. It is very helpful if owners and operators inform their delivery company which tanks cannot be filled when ordering fuel. Also, delivery personnel should consult this list anytime they are considering the deposit of fuel into an UST system.

The intention of delivery prohibition is to protect the environment by not depositing fuel into at-risk tanks. If a tank is triggered into delivery prohibition by reason of an egregious violation, the owners must decide to return to compliance to correct significant violations or to decide that the effort to save the tank system isn’t worth it. Owners and operators always have the option to change the status of their UST system to inactive by keeping their tank empty and completing the proper department form. They may also choose to remove the system from the ground and properly close it. Q

Following a facilities completion of the every three year compliance inspection, if a facility does not have egregious violation(s) then the department will issue an Operating Permit based on the results of the compliance inspection. Owners of tank systems that cannot receive fuel either because of egregious violations or because the tank is in inactive statues will have an Operating

Jargon – Do Not Fill List

An underground storage tank owner/operator may not place a regulated substance in, dispense a regulated substance from, or otherwise operate an underground storage tank (UST) system unless the owner/operator has a valid Operating Permit for each system. To ensure that product deliverers and owners/operators are in compliance, the UST Section publishes Operating Permit status reports for each facility at http://deq.mt.gov/ust/operatingpermits.mcpx. Alternatively, the UST Section also publishes a “Do Not Fill” list at http://deq.mt.gov/UST/NonPermittedTanks.mcpx. The “Do Not Fill List” indicates at each applicable facility those tanks that are not authorized to receive product or dispense fuel from. Each of these lists is accessible from the UST Home page at http://deq.mt.gov/ UST and is updated every week.

Summer 2011

Closing Low-Priority Sites Undergoing Monitored Natural Attenuation

MNA is most often employed as a cleanup alternative after a significant amount of source material, soil saturated with petroleum or free product, has been physically removed from the site using an active cleanup method. Most low priority sites have residual soil and/or groundwater contamination that is being naturally treated through MNA. These are releases that PTS has determined have a low impact to human health and the environment, yet contamination in the groundwater is still above water quality standards or RBSLs.

ontana DEQ Petroleum Technical Section (PTS) was awarded a federal LUST Trust grant in September 2009 to focus on release closure and low priority releases. Some of the funding allowed PTS to review low priority releases and determine the effectiveness of Monitored Natural Attenuation (MNA) as the cleanup method for residual contamination. MNA is a combination of physical and biological processes including dilution, dispersion, evaporation, and biodegradation that effectively reduce petroleum hydrocarbon chemical concentrations in the subsurface soils and groundwater. Biodegradation, where microorganisms in the soil break down petroleum hydrocarbons, typically produces the greatest effect and can be an effective cleanup method for some subsurface petroleum contamination. For low priority releases that had sufficient groundwater data (at least six sampling points), PTS assessed the sites to determine whether MNA was occurring. A statistical technique called linear regression allowed PTS to estimate the times to closure based on water quality standards (Montana Circular-7) or Risk-Based Screening Levels (RBSL).

One hundred fifty-four low priority releases had sufficient groundwater quality data to estimate a time for closure using linear regression. In linear regression, groundwater quality data is plotted over time and a data trend can be assessed. When the trend is declining (as shown in the graphic below), that trend can be used to estimate the time that site could take to meet water quality standards or RBSLs.

continued on page 12

MUST News Closing Low-Priority Sites Undergoing Monitored Natural Attenuation – continued from page 11 The remainder of the sites will continue to be evaluated as more sampling data is collected. Releases requiring more than 20 years to achieve cleanup standards will be reviewed to determine whether another cleanup alternative would be more effective. In some situations, however, any other method aside from MNA might not be feasible or effective – for example, where residual contamination is present in tight soils under buildings or roadways. Q

In summary, of the 154 releases reviewed using linear regression, 67 releases possessed enough sampling data of adequate quality to be placed into categories based on the estimated time to meet water quality standards or RBSLs and are summarized as: • • • •

36 within five years; 6 in five to ten years; 6 in ten to twenty years; and 19 in more than twenty years.

Petro Factoid . . . Financial Responsibility

Because cleanup of petroleum leaks can be costly, Congress wanted owners and operators of underground storage tanks (USTs) to demonstrate that they have the financial resources to pay the costs of corrective action and third-party compensation that can result from leaking USTs. Subpart H of Federal UST regulations requires UST owners and operators to demonstrate this financial responsibility. Funds assured through various allowable financial responsibility mechanisms establish a safety net that pays for immediate and thorough corrective action when a release is detected and before the further spread of contamination. These regulations allow many options that owners or operators can use to demonstrate assurance for the required scope and amounts of coverage. These options include a financial test of self-insurance, a corporate guarantee, insurance coverage, a surety bond, a letter of credit, a trust fund, a state financial assurance fund, a certificate of deposit, or a combination of these options. The state’s financial assurance fund in Montana is the Petroleum Tank Release Cleanup Fund authorized by §75-11-313, Montana Code Annotated. The legislature determined that revenue for the fund would come from a petroleum storage tank cleanup fee paid by persons who use and receive the benefits of petroleum products. The state fund provides a portion of the financial responsibility, while the owner/operator remains responsible for a portion of the initial cleanup costs, any adjustments to reimbursement due to noncompliance, and any costs exceeding the limits of fund assistance. It is important for owners and operators to keep records indicating that they are currently meeting their financial responsibility obligations. The Montana Certificate of Financial Responsibility Form can be filled out and retained on site to help owners/operators demonstrate their financial assurance mechanism(s) used to satisfy the financial responsibility requirements. This form is available on the department’s web site at: http://deq.mt.gov/UST/FinancialResp.mcpx.

Summer 2011

Pilot Project for Groundwater Monitoring

EQ Petroleum Technical Section (PTS) has designed a pilot project to demonstrate resource savings with the mobilization of a single consultant to sample groundwater at several low priority petroleum releases. The pilot project generated considerable interest, with 13 environmental consulting companies submitting bids that ranged from $7,999.93 to $25,306.29. The winning qualified bid was from MSE Technology Applications, Inc., of Butte, Montana.

obligated funding from the Fund so unless the RP was willing to independently fund the sampling event, the consultant would not be losing work. Once permission was granted, historical analytical data, site maps, and other pertinent information were compiled, consultants were contacted, and an investigative site visit was made in order to assess present site conditions, locate monitoring wells, and meet with the owner. After PTS received the bids, they were reviewed and scored by a panel of multiple staff members to ensure that all of the required elements were included in the bid documents and to prevent bias. The items reviewed included the following: contact information; the consultant’s ability to demonstrate adequate training, qualifications and specific field experience; the consultant’s experience in conducting groundwater monitoring for a state or federal agency project or a project regulated by a state or federal agency; three references from environmental remediation projects performed by the consultant; the consultant’s capability to meet the workload demands given their present and projected workload; the project’s schedule; and the location of personnel and equipment. Q

MSE Technology Applications, Inc. completed the sampling during the week of July 5, 2010. Based on the analytical data provided, one to three release sites will be prepared and reviewed for closure. Two additional sites will most likely require only one additional sampling event, with constituents below risk-based screening levels (RBSLs), before they can be written up for closure. The other sites, while not yet near closure, demonstrate that natural attenuation is occurring at the sites. The purpose of the pilot project was to demonstrate potential cost, time, and resource savings through combining the travel, mobilization, sampling, and report writing efforts necessary to complete PTS-required groundwater monitoring at geographically-close petroleum release sites. The sites chosen for this project were low priority sites where monitoring of natural attenuation was the most appropriate action and a round of follow-up sampling might close a release site or allow it to be categorized as a long term monitoring site. The pilot project was successful in that it demonstrated significant money savings by mobilizing one consultant to sample multiple sites. The data indicates that all of the sites chosen continue to attenuate naturally. Several of the sites will be written up for closure, and several more will most likely require only one additional sampling event based on trend analysis. The release sites for the project were selected after PTS conducted a review of low priority release files. Once a site was considered suitable, the property owners were contacted to determine their interest in participating in the pilot project. The impetus for the project was due to each site having a low priority, which made it unlikely that reimbursement funds would be available from the Petroleum Tank Release Cleanup Fund to conduct work in the near future. Previous work had been conducted at most of the sites by environmental consultants hired by the responsible parties; however, no current work plans had

MUST News

EPA Invests $4.3M to Boost the Revitalization of Properties in Montana Communities

Northern Rocky Mountain Resource Conservation & Development Area, Inc., with offices in Bozeman, will receive a Brownfields assessment coalition grant in the amount of $1 million. The coalition includes ten counties in central Montana, including Gallatin, Park, Judith Basin, Fergus, Golden Valley, Musselshell, Petroleum, Wheatland, Broadwater, and Meagher Counties. Grant funds will be used to perform more than forty environmental site assessments and to develop site cleanup plans. One such site is an abandoned landfill in Three Forks, which sits near the headwaters of the Missouri River and will be assessed for redevelopment as a community park. Contact: 406582-5700.

he U.S. Environmental Protection Agency this summer awarded $4.35 million in Brownfields grants to five organizations throughout Montana. These resources will be used by communities and nonprofit organizations to advance locally defined plans for property assessment, cleanup and redevelopment projects. The awards in Montana are among 214 Brownfields grants totaling $76 million that EPA is providing to forty states and three tribes across the country. “These resources will support dozens of assessment and cleanup projects in communities across Montana,” said Dan Heffernan, EPA’s Brownfields coordinator in Denver. “These projects are investments that will create hundreds of jobs and help communities transform blighted properties into assets ranging from new housing and business opportunities to parks and trails.”

Great Northern Development Corporation, with offices in Wolf Point, will receive a Brownfields assessment coalition grant in the amount of $750,000. The coalition’s partners include the Eastern Plains Economic Development Corporation, Inc., Southeastern Montana Development Corporation, Fort Peck Tribal Office of Environmental Protection, and the Northern Cheyenne Tribe. The combined project area covers fifteen counties in eastern Montana. EPA grant funds will be used to perform more than twenty environmental site assessments and develop site cleanup plans. This region contains hundreds of abandoned properties, with many sites impacted by leaking underground storage tanks. Grants will allow sites to be redeveloped for future use, such as the abandoned GTA Feed Plant in Glendive, which community groups hope to transform into a farmers market, restaurant, and micro-brewery. Contact: 406-653-2590.

The City of Kalispell will receive a Brownfields revolving loan fund grant in the amount of $1 million. The grant will be used to capitalize a loan fund from which the City of Kalispell will provide resources to clean up sites contaminated with hazardous substances and petroleum. The city anticipates funding up to five projects to advance a revitalization plan that includes redevelopment along abandoned railroad tracks, a park and trail system, affordable housing, and new businesses. Contact: 406-758-7713. The Confederated Salish and Kootenai Tribes of the Flathead Nation, with offices in Pablo, will receive a Brownfields cleanup grant in the amount of $200,000 to remove up 2,500 cubic yards of petroleum-contaminated soil at the nine-acre Joseph Allotment along US Highway 93 in Elmo. The site was contaminated when petroleum was released from the former Elmo Cash Store, located adjacent to the Joseph Allotment. Cleanup of this site will reduce threats of exposure to petroleum and will allow the Tribe to construct much needed housing and support jobs and economic development in the community. Contact: 406-883-2888.

EPA’s Brownfields grants are used to assess and clean up abandoned industrial and commercial properties like deserted gas stations or closed smelters. There are an estimated 450,000 abandoned and contaminated waste sites in America. These investments help leverage redevelopment, promote economic growth and lead to job creation. Since its inception, EPA’s Brownfields investments have leveraged more than $16.3 billion in cleanup and redevelopment funding from a variety of public and private sources and have resulted in approximately 70,000 jobs. Brownfields grants also target under-served and economically disadvantaged neighborhoods – places where environmental cleanups and new jobs are most needed. Q

Bear Paw Development Corporation of Northern Montana, with offices in Havre, will receive Brownfields grants totaling $1.4 million. Bear Paw will use a $400,000 assessment grant to fund site assessments and cleanup plans for properties in Hill, Chouteau, Blaine, Liberty, and Phillips Counties, along with the Rocky Boy’s Indian Reservation. An additional Brownfields revolving loan fund grant totaling $1 million will be used to address sites contaminated with hazardous substances and petroleum. Contact: 406-265-9226.

Summer 2011

New After-Hours Phone Number for Petroleum Releases: (406) 324-4777 You are encouraged to make these changes in your contact

s of spring 2011, the State of Montana Disaster and Emergency Services (DES) agency has been operating a new emergency telephone number. The new number is (406) 324-4777, replacing (406) 841-3911.

information. Q

Please use the new number, (406) 324-4777, after hours when reporting suspected or confirmed petroleum releases.

MONTANA DISASTER AND EMERGENCY SERVICES NEW PHONE NUMBER

During business hours, you should call the DEQ Leak Line at (800) 457-0568. All releases must be reported to DEQ within 24 hours of being detected, as required by administrative rules.

(406) 324-4777 replacing (406) 841-3911.

DEQ LEAKLINE PHONE

The DES is responsible for helping Montana communities prepare for disasters and emergencies, and when requested, assisting with response and recovery efforts. The new number is available 24 hours a day, reaching the main office during normal working hours and the staff duty officer after hours and on holidays.

(800) 457-0568

Petro Factoid ... New Vapor Intrusion Guide by Montana DEQ

The Montana Department of Environmental Quality has recently published a guide to assist owners and operators of contaminated facilities and environmental consultants in evaluating potential risks from vapor intrusion of volatile chemicals. This guide provides recommended methods and procedures to investigate, evaluate, and remediate vapor intrusion for both chlorinated solvents and petroleum products. Because vapor intrusion is a rapidly evolving science, the department anticipates periodically updating this guide. If anyone would like to recommend updates to future versions of this guide please provide comments to: Mike Trombetta Montana Department of Environmental Quality PO Box 200901 Helena, MT 59620-0901 (406) 841-5045 mtrombetta@mt.gov

The guide can be found on the Internet at: http://deq.mt.gov/StateSuperfund/viguide.mcpx.

MUST News

Petro Board Member Changes

Kate and Steve’s three-year terms extend until June 30, 2014. We appreciate their service to Montana.

overnor Brian Schweitzer has filled the two positions on the Petroleum Tank Release Compensation Board that became available July 1, 2011.

The board manages the Petroleum Tank Release Cleanup Fund. The fund was established in 1989 to provide a funding mechanism to address timely cleanup of tank releases.

Steve Sendon was reappointed to serve as a representative of the financial or banking industry with experience in small business or property loans.

If you would like additional information about the board or the fund, visit its web site at http://deq.mt.gov/pet/default.mcpx or contact Terry Wadsworth at (406) 841-5092. Q

Kate Cassidy has been appointed to serve as a representative with a background in environmental regulation. Kate replaces outgoing board member Theresa Balazicevich.

New Data Control Specialist for DEQ Underground Storage Tank Section

hen Dalynn Townsend decided to apply for the Data Control Specialist at the Underground Storage Tank (UST) Section, she said it was a difficult decision. The decision was to leave her 10 month old daughter, Maya, for the work day and re-join the workforce. A tough decision, but we are extremely happy that she is with the UST Section as our new Data Control Specialist.

12 PHOTO

Now, the DEQ UST Program is benefiting from Dalynn’s database skills. She started as UST Data Control Specialist on July 11th. Her job responsibilities include executing and development of queries, reports and forms (using the ones in-place and creating others), assuring quality control, coordinating licensing and renewals for UST owners and operators and tracking training courses they complete. “I look forward to working with the UST team and other DEQ sections to ensure an accurate, well maintained database,” said Dalynn.

Dalynn Townsend

“Dalynn is the interface between the section’s environmental specialists and the functioning of the database that tracks compliance, tank configurations and generates all section correspondence. To do this, she must understand the technical operations of an underground storage tank, our administrative rules and business processes.” says Redge Meierhenry, UST Section Supervisor. “The database is the foundation. If we don’t have a good database, we can’t do our jobs.”

Dalynn has been with the DEQ previously in the Open Cut Mining Section as an Administrative Assistant. However, Dalynn spent nearly eight years with Realty Data Corporation/Title Solutions in Bradenton, Florida, working with a database that brought public records (both images and data) online for every county in Florida. She has a Business Management, Bachelor’s degree from the University of South Florida. Q

Summer 2011

“Thank You” to Theresa Balazicevich

he Montana Department of Environmental Quality and the Petroleum Tank Release Compensation Board would like to express thanks and appreciation to outgoing board member Theresa Balazicevich for her tireless and dedicated service.

realizing the economic and environmental benefits of the Petroleum Tank Release Cleanup Fund. We wish Theresa the best in her future endeavors. Q

Theresa was appointed to the board July 27, 2005, as a representative for environmental regulation. It is because of the commitment and hard work of people like Theresa that the state is

New Environmental Enforcement Specialist at DEQ

ravis Erny joined the DEQ in May as an Environmental Enforcement Specialist in the Enforcement Division. Travis responds to underground storage tank and water quality violations when routine compliance efforts by other DEQ programs have been exhausted. “If you’re an owner/operator who stays in compliance, your case won’t be hitting my desk, and that’s a good thing,” Travis said. He also takes citizen complaints, investigates those reports, and helps to resolve the problems. In this regard, he considers his position the first line of defense to protect the environment. “Some people don’t know they’re in violation or that they need a permit. It’s rewarding to help educate them and bring them into compliance.” Travis Ermy

In addition, Travis has been helping with the Yellowstone River oil spill sampling and cleanup.

“My goal has always been to improve the environment and help conserve natural resources. I’m living the dream; doing what I want to do as a profession and living here in Montana with a million dollar view around every curve in the road.”

Before coming to DEQ, Travis worked as an environmental consultant for seven years. He was with Quality Environmental Professionals, Inc., and Groundwater and Environmental Services, both in Indianapolis. He earned a Bachelor of Science degree in geology from the University of Southern Indiana and became licensed as a Professional Geologist in Indiana.

In their free time, Travis and Katie enjoy hiking, camping, canoeing, and strolling through the Helena Farmers Market. If he has to be indoors, Travis tracks his favorite teams, the St. Louis Cardinals and Indianapolis Colts.

Travis says he was “bitten by the Montana bug” in 2002 when he attended a summer course, the Indiana University Geologic Field School, in the Tobacco Root Mountains near Cardwell. After that, he visited Montana quite often on vacations, until he and his wife, Katie, decided to just move here.

Please feel free to contact Travis with any questions or concerns. He can be reached at (406) 444-3937 or terny@mt.gov Q

MUST News

Public Comment Period for Petroleum Mixing Zone Rules Amendments

The DEQ will also accept written and oral comments in a public hearing held at 10 a.m., September 28, 2011, in room 122, 1100 North Last Chance Gulch, Helena, MT. The DEQ will make reasonable accommodations for people with disabilities who wish to participate in this public hearing. Contact Elois Johnson at Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail ejohnson@mt.gov by 5:00 p.m., September 19, 2011, to request an accommodation.

he Montana Department of Environmental Quality (DEQ) is accepting public comment on proposed amendments to administrative rules governing cleanup and categorization of releases from petroleum storage tanks. These proposed amendments are necessary to implement Senate Bill 9, which was passed during Montana’s 2011 legislative session. Senate Bill 9 allows for establishment of a petroleum mixing zone as a final remedial action chosen to address a petroleum release. The public comment period closes at 5 p.m. on October 6, 2011. You may submit written comments by mail to:

The notice of proposed rule amendments is published on DEQ’s website at: http://www.deq.mt.gov/dir/legal/hearing.mcpx.

Elois Johnson MT DEQ 1520 E. Sixth Avenue, P.O. Box 200901 Helena, MT 59620-0901

To view or print a copy, please click on this link: http://deq.mt.gov/dir/legal/Notices/17-328pro.pdf.

By fax to (406) 444-4386; or by email to: ejohnson@mt.gov.

Fund and Release Status Report Petroleum Fund Financial Status — Through end of 4th Quarter, Fiscal Year 2011 (July 1, 2010 – June 30, 2011) Total Revenue: ...................................................................................... $6,915,269 Current and Prior year Claims Expenditures: ......................................... $4,836,422 Total Expenditures: ................................................................................ $6,545,286 Outstanding Work Waiting to be Obligated: ........................................ $ 471,538

Petroleum Releases – Through end of 4th Quarter, FY 2011 (July 1, 2010 – June 30, 2011) New Releases: ................................................................................................... 36 Releases Resolved (Closed): .............................................................................. 62

Summary of Total Petroleum Release Activity Total Confirmed Releases: .............................................................................. 4,520 Total Active Releases: .................................................................................... 1,509 Total Releases Resolved (Closed): ................................................................. 3,011 (Please note these “closed” numbers include sites that have been transferred to another program or agency.)

Summer 2011

Petroleum Tank Release Compensation Board 2011 Meeting Schedule September 12 • November 21 10:00 a.m. – 2:00 p.m. Montana Department of Environmental Quality Room 111 • Lee Metcalf Building 1520 East Sixth Avenue • Helena, MT 59620 Contact: Terry Wadsworth • (406)841-5092 twadsworth@mt.gov

Consultants Meeting September 23 • 10 a.m.. – 12 p.m. Montana Department of Environmental Quality Room 122 • Last Chance Gulch Building 1100 North Last Chance Gulch • Helena, MT 59620 RSVP: Janet Sanderson (406) 841-5005 • jsanderson2@mt.gov Please direct questions to: Mike Trombetta • (406) 841-5045 mtrombetta@mt.gov *The meeting will also be webconferenced.

Acknowledgements to those involved in the production of the summer 2011 MUST News: Contributors: Janet Adolph Laura Alvey Jane Amdahl Aaron Anderson Kirsten Bowers John Brown Shannon Cala Mary Ann Dunwell Scott Eklund Travis Erny Sue Fairchild Scott Gestring Bob Gibson Seth Hendrix Paul Hicks Production Design: JoAnn Finn

Jeff Kuhn Redge Meierhenry Sandi Olsen Lisa Peterson Rebecca Ridenour Ann Root Janet Sanderson Nick Sovner Amy Steinmetz Shastina Steinweden Dalynn Townsend Mike Trombetta Darrick Turner Terry Wadsworth

Web Production: Dalynn Townsend

Distribution: Teresa Sturm

MUST News

Summer 2011

Aerial view of the Yellowstone River saturated with debris caused from flooding; and oil residue from the devastating oil spill July 1, 2011.

MUST News is a quarterly communication tool produced by the Montana Department of Environmental Quality to inform and update petroleum storage tank owners and operators, environmental consultants and others interested in developments about underground storage tank operation, rules, release prevention, remediation and reimbursement.