Bill Text: HI HB2712 | 2018 | Regular Session | Amended
Bill Title: Relating To Underground Storage Tanks.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2018-02-14 - The committee(s) on HHS recommend(s) that the measure be deferred. [HB2712 Detail]
Download: Hawaii-2018-HB2712-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2712 |
|
TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO UNDERGROUND STORAGE TANKS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION
1. The legislature finds that underground storage tank and tank
system regulations are intended to protect the environment by preventing the
release of petroleum and hazardous substances into the environment. According to the Environmental Protection
Agency, underground storage tank systems pose a substantial threat to human
health and the environment.
The legislature also finds that the lands
and waters of Hawaii are unique and delicately balanced resources, the
protection of which is vital to the economy of the State, and the protection of
groundwater is an urgent matter of the highest priority. As the primary source of potable water in
Hawaii, groundwater must be preserved in as close to pristine condition as
possible and accommodate the needs of multiple public and private users.
The legislature further finds that the
storage, transportation, and disposal of petroleum products, pollutants, and hazardous
substances in underground storage tanks and tank systems within the
jurisdiction of the State and in state waters are a hazardous undertaking, and
that spills, discharges, and releases of the substances that occur as a result
of private and governmental actions involving the storage, transportation, and
disposal of these products pose serious threats to the environment of the State,
to citizens of the State, and to other interests deriving livelihood from the
State. These hazards have occurred in
the past and are occurring now, and present future threats of potentially
catastrophic proportions, all of which are expressly declared to be inimical to
the paramount interests of the State as set forth in this section. Such state interests outweigh any economic
burdens imposed by the legislature upon those engaged in storing, transporting,
or disposing of petroleum products, pollutants, and hazardous substances and
related activities.
The
legislature further finds that the Red Hill bulk fuel storage facility, the
State's largest field-constructed underground storage tank system, stores more
fuel in a single location than any other underground storage tank system in
Hawaii. The facility stores up to 187
million gallons of fuel per day, has a total capacity of 250 million gallons,
and is located only one hundred feet above a federally designated sole-source
aquifer drinking water source. Core
samples from nineteen of the twenty tanks at Red Hill have existing
contamination, and a release of nearly forty thousand gallons of petroleum
products in 2014 further endangered Hawaii's groundwater resources.
However, chapter 11-281, Hawaii Administrative Rules, exempts
field-constructed underground storage
tanks, tank systems, and related piping, including the Red Hill bulk fuel
storage facility, from the requirements that must be met by
owners and operators of other underground storage tanks or tank systems.
Providing the State's largest field-constructed
underground storage tank facility with an exemption from regulatory
requirements that must be met by other underground storage tank and tank system
owners is extremely detrimental to human health and the environment.
The
purpose of this Act is to protect the State's underground drinking water sources
and surrounding environment by requiring the department of health to adopt
rules for underground storage tanks, tank systems, and related piping that conform with recent revisions to
federal regulations and include additional requirements for certain
field-constructed underground storage tanks including compliance with certain
requirements in chapter 11-281, Hawaii Administrative Rules, or successor rules.
SECTION
2. On or before September 1, 2018, the
department of health shall adopt rules pursuant to chapter 91, Hawaii Revised
Statutes, including necessary revisions, to conform Hawaii's underground
storage tank and tank system rules with the July 15, 2015, revisions to the
United States Environmental Protection Agency underground storage tank
regulations codified in title 40 Code of Federal Regulations part 280; provided
that the department shall additionally require through rules that:
(1) Field-constructed
underground storage tanks with storage capacities greater than fifty thousand
gallons that were installed before July 15, 2015, shall:
(A) Be
subject to the upgrade requirements specified in title 40 Code of Federal
Regulations section 280.21;
(B) Be
required to upgrade with secondary containment with interstitial monitoring by
July 1, 2028;
(C) Be subject to the permitting requirements
specified in chapter 11-281, Hawaii Administrative Rules, or successor rules; and
(D) Prior to upgrading with secondary containment:
(i) Be subject to the release detection rules specified in title 40
Code of Federal Regulations part 280, subpart D;
(ii) Except for the exemption from secondary
containment and release detection, be subject to title 40 Code of Federal
Regulations part 280, subpart K; and
(iii) Be monitored using release detection methods authorized in chapter
11-281, Hawaii Administrative Rules, or successor rules; or use a release
detection method that can detect a 0.5 gallon per hour leak rate with a
probability of detection of 0.95 and a probability of false alarm of 0.05;
provided further that owners and
operators of field-constructed storage tank systems without secondary containment shall
install a release detection system meeting the requirements of this paragraph
by July 1, 2019;
(2) Field-constructed
underground storage tank systems first installed or replaced on or after July 15,
2015, shall:
(A) Be
secondarily contained; and
(B) Have
interstitial monitoring in accordance with title 40 Code of Federal Regulations
part 280, subpart D,
using either vacuum, pressure, hydrostatic, electronic sensors, or other
methods of release detection that can detect a 0.2 gallon per hour leak rate
with a probability of detection of 0.95 and a probability of false alarm of
0.05;
(3) Onsite integral piping connected to field-constructed underground storage tanks with storage capacities greater than fifty thousand gallons that was installed before July 15, 2015, shall:
(A) Be required to upgrade with secondary containment with interstitial monitoring by July 1, 2028, if the piping is in contact with the soil, concrete, or cannot be visually inspected;
(B) Be subject to the permitting requirements specified in chapter 11-281, Hawaii Administrative Rules, or successor rules;
(C) Prior to upgrading with secondary containment:
(i) Be subject to the release detection rules specified in title 40 Code of Federal Regulations part 280, subpart D;
(ii) Except for the exemption from secondary containment and release detection, be subject to title 40 Code of Federal Regulations part 280, subpart K. Metallic piping that is in contact with the soil or with concrete must have corrosion protection in accordance with title 40 Code of Federal Regulations part 280 and with chapter 11-281, Hawaii Administrative Rules, or successor rules. Non-metallic piping must be listed by Underwriters Laboratories (UL) and meet UL 971 standards, be certified by a national or internationally recognized laboratory, or be approved by a State of Hawaii Registered Professional Engineer; and
(iii) Be monitored using release detection methods authorized in chapter 11-281, Hawaii Administrative Rules, or successor rules; or use a release detection method that can detect a 0.5 gallon per hour leak rate with a probability of detection of 0.95 and a probability of false alarm of 0.05; provided further that owners and operators of field-constructed storage tanks system onsite integral piping without secondary containment shall install a release detection system meeting the requirements of this paragraph by July 1, 2019;
provided that onsite integral piping that is not in contact with the soil that can be visually inspected shall perform release detection with monthly visual inspections and integrity testing by a certified American Petroleum Institute (API) 571 inspector in accordance with API Standard 571 every ten years; provided further that in addition to the requirements in this subparagraph, onsite integral piping that is in contact with the soil or with concrete must be integrity tested by a certified API 571 Inspector in accordance with API Standard 571 every three years;
provided that "onsite integral piping" means on-site piping, originating or terminating at the regulated storage tank or tanks, that conveys regulated substances. Vapor, or other recovery lines, pipeline facilities, and vent lines, are not considered integral piping. Integral piping includes all valves, elbows, joints, flanges, pumps, and flexible connectors associated with the pipe originating at the storage tank up to the union of the integral piping with the dispensing system, the fill valve, the forwarding pump used for transferring regulated substances to a flow-through process tank or an industrial production or manufacturing point of use, the first flange or connection within a loading rack containment area, or the first shoreside valve after the marine transfer area for on-site piping at regulated UST facilities;
(4) Owners and operators of field-constructed underground storage tanks that fail to meet the deadline specified in paragraph (1)(B) and (3)(A) shall empty the storage tank system, take the system out-of-service by July 1, 2028, and permanently close the tank by July 1, 2030, in accordance with chapter 11-281, Hawaii Administrative Rules, or successor rules;
(5) The
department of health shall revoke the permits of any owners and operators of field-constructed
underground storage tanks that fail to meet the deadline specified in paragraph
(1)(B) and (3)(A) for upgrading with secondary containment; and
(6) Field-constructed underground storage tanks shall not be installed on or after July 1, 2019, unless the storage tank and piping have secondary containment and comply with all requirements specified in chapter 11‑281, Hawaii Administrative Rules, or successor rules.
SECTION 3. This Act shall take effect on January 28, 2045.
Report Title:
Underground Storage Tanks and Systems; Environmental Protection; Department of Health
Description:
Requires, on or before 9/1/2018, that the Department of Health adopt rules for underground storage tanks and tank systems to conform with certain federal regulations and that include additional requirements for field-constructed underground storage tanks and tank systems. (HB2712 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
