GSA_-_PBS_1095.2_Fuel_Storage_Tank_Management_(Version-9-21-16-_CC032089).pdf

GENERAL SERVICES ADMINISTRATION

Washington, DC 20405

PBS 1095.2

September 21, 2016

GSA ORDER

SUBJECT: Fuel Storage Tank Management

1. Purpose. To establish GSA’s policy for managing fuel storage tanks.

2. Cancellation. This Order does not cancel or replace any existing Order or policy.

3. Authority. Title 40: Protection of Environment: Part 112—Oil Pollution Prevention;

Part 280—Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (USTs) [dated July 2015]; Part 355— Emergency Planning and Notification; Part 370—Hazardous Chemical Reporting:

Community Right-To-Know; Energy Policy Act of 2005; Title 41: Public Contracts and Property Management; Subtitle C, Chapter 102— Federal Management Regulations;

the International Fire Code (IFC) and National Fire Protection Association (NFPA) codes and standards.

4. Background.

a. Federal, State, interstate, and local laws establish standards for the management of storage tanks used or previously used to store regulated substances of which petroleum is the substance of greatest concern. Collectively, these tanks are hereafter referred to as fuel storage tanks (FSTs). Owners and operators must install, operate, and maintain FSTs in a manner that reduces the potential for release of their contents into the environment. Laws further mandate specific training, emergency planning, release reporting, and closure procedures.

b. The Clean Water Act at 33 U.S.C. 1323, and Resource Conservation and

Recovery Act (RCRA) at 42 U.S.C. 6991f, both waive Federal sovereign immunity to the requirements of these laws, as well as their implementing regulations – Federal, State, interstate, and local. The Clean Water Act (CWA) waiver does not establish a provision that mandates the payment of penalties. The RCRA waiver does however include potential payment of penalties. With the exception of underground storage tank (UST) systems located on Indian Lands, States have the primary authority to implement the UST program within their boundaries. Authorized State Programs’ governing standards must be no less stringent than Federal laws.

c. The greatest risk associated with hazardous materials storage is the potential for releases that can contaminate groundwater and soil. Releases can also pose other risks to the environment, human health and safety, as well as the potential for fire, explosions, property damage, and major financial obligations.

d. GSA owns or operates hundreds of FSTs within Federal facilities and therefore assumes the associated risks. The primary regulated substance stored in GSA FSTs is heating oil, which poses the same risks of release posed by other fuels stored in tank systems. To minimize these risks and reduce GSA’s potential liability, all GSA FSTs shall be managed in accordance with this Order.

5. Scope and applicability. This Order and attachments apply to all FSTs owned by or installed (including those installed on a reimbursable basis) at Federal facilities under GSA’s jurisdiction, custody, or control, including all buildings delegated to other Federal agencies by the Administrator of General Services, and leased space where GSA retains ownership and/or operational responsibility. This Order is not applicable to FSTs associated with property transferred for disposal through the PBS Office of Real Property Utilization and Disposal.

6. Effective date. These documents are effective from the date of signature and remain in effect until cancelled.

7. Responsibilities. The Offices of Facilities Management, Design and Construction, and Real Property Asset Management business lines, Regional Commissioners, Facility Management and Service Center Directors, Facility Managers and Lease Administration Managers shall ensure this Order is implemented in conformance with the companion desk guide and all of its elements are incorporated into planning activities, management decisions, and policy development.

8. Policy. GSA owned, installed, or operated FSTs shall comply with all applicable Governing Standards, the PBS Facilities Standards for the Public Buildings Service (PBS-P100), and the procedures set forth herein. Where laws and regulations differ from the GSA policy, the more stringent requirement shall be applied.

9. General requirements. GSA or its designees shall:

a. Include FST considerations as part of the due diligence process when acquiring property.

b. Incorporate language in all Occupancy Agreements (OA) that requires tenants and delegatees to comply with all applicable Federal, State, interstate, and local FST regulatory requirements. In accordance with the Federal Management Regulations (FMR), hold customer agencies financially responsible for expenses incurred by the GSA as a result of any failure on the part of the customer agency to fulfill a commitment outlined in an OA or other written agreements in advance of, or in addition to, the OA.

c. Ensure that FSTs at GSA owned facilities comply with all applicable Governing Standards (i.e. laws, and their associated Federal, State, interstate, and local implementing regulations, IFC and NFPA codes and standards, and GSA design, installation, and operational criteria).

d. Make proper notifications to the appropriate regulatory implementing agency for planned FST activities as required by law.

e. Install and operate aboveground storage tanks (ASTs) in accordance with all applicable codes and regulations including 40 CFR 112 Oil Pollution Prevention. Equip ASTs with a method of leak detection and appropriate secondary containment. Conduct and document periodic inspections (i.e. monthly, annual, third party, etc.).

f. Ensure that newly installed USTs meet the Federal regulatory requirements published in 40 CFR Part 280 Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (USTs) as amended and this Order.

g. Equip all existing USTs with: (1) a method of continuous leak detection (e.g.

automated tank gauge) that can detect a release from any portion of the tank and the connected underground piping that routinely contains product and (2) spill prevention systems that will prevent releases of product to the environment due to corrosion, spills, or overfills.

h. Calibrate, operate, inspect, test, repair, maintain, and close tank systems in accordance with applicable current regulatory requirements, manufacturer's instructions, or codes of practice developed by a nationally recognized association or independent laboratory. Where GSA Preventive Maintenance (PM) Guides are the standard, they shall be no less protective than the three standards listed here.

i. Upgrade or implement closure procedures for any UST system that does not meet the standards of 40 CFR Part 280 Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (USTs) and this Order.

j. Perform FST repairs, removal, abandonment, or closure by qualified licensed contractors.

k. Develop and maintain a current inventory and management program that encompasses all FSTs. The inventory shall be housed the National Computerized Maintenance Management System (NCMMS) for all GSA owned and operated facilities.

For GSA owned and operated facilities where the NCMMS is not fully deployed, the region shall maintain a the current inventory as required in the O&M specification until such time as the information is migrated to the NCMMS.

l. Ensure each owned facility has personnel designated and trained for each class of UST operator, and are familiar with both UST and AST operations and response procedures as required by Federal, State, interstate, and local regulation, and the national Operations and Maintenance (O&M) specification. Training for contract personnel shall be the responsibility of the contractor.

m. Develop, document, and maintain appropriate level of site-specific spill prevention and control procedures in accordance with Federal, State, interstate, and local regulation and as required in the national O&M specification, whichever is more stringent.

n. Complete Emergency Planning and Community Right-to-Know Act (EPCRA) notifications and reporting requirements in accordance with 42 USC 11001 and Executive Order 13650.

o. Clean up spills and report releases to appropriate authorities as required by

Federal and local regulatory implementing agencies.

p. Coordinate internal release reporting and other emergency events within GSA through the Office of Mission Assurance (OMA) incident reporting system, regional safety and environmental staff, and other locally designated offices. Notify the Central Office Facility Risk Management Division within two (2) hours of discovery of all releases that exceed the reportable quantity established by the governing regulatory implementing agency.

q. Select fuel supply source based on environmental, safety, and engineering feasibility in the following order of preference: (1) alternate energy, (2) natural gas, (3) double walled AST; concrete vaulted AST or subterranean AST; and (4) UST (double-walled fiberglass reinforced plastic). Selection shall be made in consultation with the Regional environmental program office.

r. Make reasonable accommodations to Federal, State, interstate, or local regulatory implementing agencies requests to access GSA owned and operated structures for the purpose of conducting compliance inspections.

s. Identify FST projects in the asset planning process.

t. Maintain all records and reports, including maintenance and monitoring records, work orders, and inspection reports, in accordance with regulatory and GSA requirements. To provide greater protection against future potential environmental liabilities, FST records shall be maintained for the life of the facility.

10. Point of contact. Director, Facility Risk Management Division, Office of Facilities Management.

11. Attachments: Appendix A – “Acronyms and Definitions” Appendix B – “Desk Guide for Fuel Storage Tank Management”

12. Signature.

NORMAN DONG

Commissioner Public Buildings Service

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Appendix A: Acronyms and Definitions

1. Ancillary Equipment. Any devices including, but not limited to, such devices as piping, fittings, flanges, valves, and pumps used to distribute, meter, or control the flow of regulated substances to and from a FST.

2. Aboveground Storage Tank (AST). Any tank or other container that is above ground, partially buried, bunkered, or in a subterranean vault and used to store oil.

When calculating Spill Prevention, Control, and Countermeasures (SPCC) determinations, include all containers with a capacity of 55 gallons or greater.

3. Automatic Tank Gauging (ATG). Equipment that tests for loss of product and inventory control. ATGs must be able to detect a leak no larger than 0.2 gallons per hour with certain probabilities of detection and of false alarm. Overfill alarms are often used as part of automatic tank gauging systems. Alarms shall be connected to an electrical circuit that is active at all times.

4. Code of Federal Regulation (CFR). The codification of rules and regulations published in the Federal Register.

5. Fuel Storage Tanks (FST). Any container defined herein as an aboveground or underground storage tank used to store hazardous materials, certain hazardous substances, oil, heating oil, or other petroleum products. Tanks and cylinders used to store propane are excluded from this definition.

6. Governing Standards. Any FST policy, procedure, law, regulation or related requirements documents issued by a Federal, State, interstate or local regulatory implementing agency, or codes of practice developed by a nationally recognized association or organization (e.g. NFPA, IFC).

7. Hazardous Materials. Federal governing regulatory agencies define this term differently. For the purpose of this Order, it shall be defined as any item that is required to have a Safety Data Sheet or is regulated by the Department of Transportation (e.g., oil, fuel, hazardous waste, etc.).

8. Hazardous Substance. Classified as listed and unlisted; (1) listed hazardous substances are elements and compounds, and hazardous wastes appearing in the table in 40 CFR Part 302.4; and (2) unlisted hazardous substances are solid waste, as defined in 40 CFR 261.2, which is not excluded from regulation as a hazardous waste under 40 CFR 261.4(b) if it exhibits any of the following characteristics: toxicity, ignitability, reactivity, and corrosivity.

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9. Heating Oil. Petroleum that is No. 1, No. 2, No. 4-light, No.4-heavy, No.5-light, No.

5-heavy, and No. 6 technical grades of fuel oil; other residual fuel oils; and other fuels when used as substitutes for one of these fuel oils. Heating oil is typically used in the operation of heating equipment, boilers or furnaces. When used for dual purposes, storage of these oils is not exempt from the UST laws.

10. Oil. Oil of any kind or in any form including, but not limited to, petroleum, fuel oil, sludge, oil refuse, non-petroleum oils, synthetic oils, animal fats, oils and greases, and vegetable oils, and oil mixed with wastes other than dredged spoil and oily mixtures. In this Order, the word ‘oil’ and ‘fuel’ are interchangeable.

11. Owner and Operator. As used herein, the term “owner” refers to the Federal agency that funded the installation and/or operation of a particular FST. The term “operator” refers generically to any Federal Agency employee(s) or contractor assigned the responsibility for the management and operations of a federally owned fuel storage tank. Ownership and operatorship should be established in the terms of the applicable occupancy or use agreement.

12. Petroleum. See Oil and Heating Oil.

13. Regulatory Implementing Agency. The Governmental Agency (governing authority) that has authority to implement the FST programs. These agencies may include the Occupational Safety and Health Administration (OSHA), Environment Protection Agency (EPA), a State with a program authorized by a memorandum of agreement with EPA, or the designated State or local agency responsible for carrying out an approved tank program.

14. Spill. Any release of a hazardous substance or hazardous material into the environment. The term is used interchangeably with “release” and includes but is not limited to suspected releases, overfills and spills, and confirmed releases. Release means any spilling, leaking, emitting, discharging, escaping, leaching or disposing from an FST into groundwater, surface water or subsurface soils.

15. Suspected Releases. Includes any of the following conditions involving regulated substances at a FST site or in the surrounding area where:

a. There is a presence of free product or vapor in soils, basements, sewer and utility lines, or nearby surface water.

b. Unusual operating conditions are observed (such as the erratic behavior of product dispensing from equipment, the sudden loss of product from the UST system, or an unexplained presence of water in the tank), unless: (1) The system equipment or component is found not to be releasing regulated

A-3 substances to the environment; (2) Any defective system equipment or component is immediately repaired or replaced; and (3) For secondarily contained systems, except as provided in 40 CFR 280.43(g)(2)(iv), any liquid found in the interstitial space not used as part of the interstitial monitoring method is immediately removed; and,

c. Monitoring results, including investigation of an alarm from a release detection method, indicate a release may have occurred unless: (1) The monitoring device is found to be defective, and is immediately repaired, recalibrated or replaced, and additional monitoring does not confirm the initial result; (2) The leak is contained in the secondary containment; (3) In the case of inventory control, a second month of data does not confirm the initial result or the investigation determines no release has occurred; or (4) The alarm was investigated and determined to be a non-release event.

16. Tank System. Collectively any FST (aboveground or underground), the connected piping (underground or aboveground), underground ancillary equipment, and containment system, if any.

17. Third Party Inspector. Certified by the governing implementing agency to conduct on-site FSTs inspections for compliance with Subtitle I 40 CFR 280 requirements or in the case of a State program under Section 9004 of Subtitle I. For ASTs, Third-Party inspections are routinely conducted by a local Fire Marshal or other entities sanctioned by the jurisdiction. Inspections conducted by the O&M Contractor do not satisfy the Third-Party requirement.

18. Underground Storage Tank (UST). USTs include, but are not limited to tanks that store fuel used to operate emergency generators. The Environmental Protection Agency's UST exemptions in 40 CFR 280.10 and 280.12 list USTs that are otherwise excluded from the regulatory control of the UST standards. For the purpose of this Order, one of these exemptions - tanks used for storing heating oil for consumptive use on the premises where stored - will be managed, purely internally, as though such exemption did not exist.

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Appendix B: PBS Desk Guide for Fuel Storage Tank Management (Companion to GSA Order PBS 1095.2) http://gsa.gov/portal/getMediaData?mediaId=148390

Appendix A: Acronyms and Definitions