Underground Storage Tanks (UST) Cooperative Venture

Cooperative Venture Information

On April 27, 1995, the Bureau of Underground Storage Tanks (BUST) met with most underground storage tank (UST) stakeholders having more than eight cases within the department's Site Remediation Program to announce the "Cooperative Venture."

This alternative case processing plan is intended to increase cooperation between UST owners and operators and the department in pursuing site cleanup compliance with federal and state regulations. These changes should facilitate the department's efforts to maximize the "teamwork approach" with the regulated community, while continuing our mission to protect public health and the environment. The following provides a brief summary of the approach to the management of regulated UST cases.

The purpose of this initiative is to develop mutually agreed upon schedules for the investigation and remediation for all regulated UST sites based upon site specific conditions and risks to receptors. This initiative is available to large and small business alike and is intended to accomplish the following:

• Allow up-front identification of cases presenting risks and in need of priority action. Examples of priority cases include, but are not limited to, potable well impacts, vapors threats, surface water discharges, ongoing UST system discharges, and free product removal.

• Work with UST owners and operators' business and economic considerations, while ensuring protection of public health and the environment.

• Develop a performance based program, similar to the Voluntary Cleanup Program, where responsible parties can prioritize some of their remediations (after appropriate risk evaluation) based upon business/economic factors. Longer schedules can be developed to complete specific objectives (i.e. completion of a Remedial Investigation, submittal of a complete Remedial Action Workplan, etc.) by following the "Technical Requirements for Site Remediation", N.J.A.C. 7:26E et seq., with less departmental oversite.

• Reduce administrative paperwork, such as routine extension requests, compliance referrals, redundant information submissions, etc., resulting in less cost to the regulated community from consultant and attorney review fees, and ultimately allow the department to address more UST cases and prepare for the expected increase in reportable releases as part of the 1998 federal and state UST upgrade deadline.

This plan does not change "how" a responsible party will conduct the required investigation and remediation. The responsible party must continue to follow the "Technical Requirements for Site Remediation," as well as utilizing the department's most recent soil cleanup criteria and the Ground Water Quality Standards for evaluating the extent of contamination and developing a remedial action workplan.

Under the plan, the responsible party would first be required to assess the actual and/or potential risk posed by the release from the UST system(s). This would also include the immediate completion of critical activities, such as eliminating the source of a continuing discharge, evaluation/mitigation of impacts to potable wells, surface water, utility conduits, and initiating the removal of free product on ground water. Early evaluation of site conditions will ensure adequate protection of public health and the environment, reduce owner/operator liability and provide a basis for developing the schedule for all remaining work.

After the completion of the initial risk evaluation and any critical activities, the responsible party would then adhere to a mutually agreed upon schedule for the completion of the remaining remedial investigation and final remedial action. Sites that are deemed a priority, utilizing the Remedial Priority Score and other site specific factors, will continue to be investigated/remediated on an expedited timeframe. In contrast, if a site is shown to pose little or no risk, maximum flexibility will be provided to schedule the remaining activities based upon business/economic factors. As a site progresses with the investigation, the risk (and schedule) may also be adjusted accordingly. This process is very similar to the American Society for Testing and Materials (ASTM-ES38-94) "Emergency Standard for Risk-Based Corrective Action Applied at Petroleum Sites" issued during 1994 and is consistent with the United States Environmental Protection Agency, Office of Solid Waste and Emergency Response (OSWER) Directive 9610.17 issued March 1, 1995, titled "Use of Risk-Based Decision Making in UST Corrective Action Programs."

For owners and operators of multiple sites, a single point of contact from the department will be established and will be responsible for gauging compliance responsiveness. This individual will not be the "case manager," rather will work with the assigned case managers and Responsible Parties to establish the risk of their regulated UST sites and define the schedules for remaining activity, as well as assess overall compliance. As necessary, the Department will publish the degree of compliance achieved. For owners and operators of single sites, the case manager will be the point contact.

The department's case managers will stand ready to assist UST owners and operators to ensure complete submittals, monitor case progress, provide guidance for compliance options and provide timely responses to submittals. With over three years of experience in dealing with the "Technical Requirements for Site Remediation," the regulated community is expected to have knowledge of the requirements for investigating and cleaning up sites. This plan incorporates this knowledge and allows for less direct Department oversite and cost. This service oriented approach will reinforce this cooperative venture. Most importantly, department case managers will monitor site conditions to carry out the department mission to protect public health and the environment.

It is the UST Program's intention to continue the practice of open dialogue and a cooperative approach to assist in achieving compliance at UST corrective action sites. We are optimistic that this approach will result in a greater number of cleanups being completed with a focus on up front risk reduction, fewer department and regulated resources being expended and an improved relationship between our responsible parties and the department.

The response to this Cooperative Venture has been overwhelmingly positive. The department is currently assessing the success of the Cooperative Venture and will make the assessment available through the Site Remediation Newsletter and here at our website.

For more information and details on the above, you can contact your case manager within the Bureau of Underground Storage Tanks, the point contact person for a major stakeholder, or the UST general answer person at (609) 292-8761.