New England Interstate
 Water Pollution Control
 Commission
Boott Mills South
1OO Foot of John Street
Lowell, Massachusetts
01852-1124
Bulletin 43
March
2OO3
   Report On Federal & State Programs To Conirol Leaking Underground Storage Tanks
 THE  TORTOISE AND TOE HARE  REVISITED
 Reaching the Goal Effectively and Efficiently:
 The Path Not Yet Taken
           W! all know Aesop's fable of the boastful hare and
           "he slow but persistent tortoise. We all kni^w
           •oho wins the race and. why. For the purposes of
this article, I've recast the story and given the character^ a
more challenging and important goal than simply winning a
race. I've morphed the hare into the petroleum marketing
industry and the tortoise into the national UST regulatory
program. Their goal is to protect human health and the envi-
ronment, which is defined as reducing the number ofpetfo-
leum releases from USTs to the absolute minimum. And I've
made the story more politically correct by having the tortoise
and the hare be part of the same team, struggling to reach ihe
same goal. At issue in this story is how our players go about
reaching their goal—how to keep the team members evenly
matched so that they can more effectively and efficiently riin
the race.                                    >
                             • continued on page 2
                                   Inside
                ^(Jg People and UST Systems       _  	
                j j| / Tpt^*l.  ' -  "~T  ."  ~~    • ."      "  '   ------
                  ;^Overpressurization Problem Baffles Tank Owner  	
                  t An Overview of MTBE and Other Oxygenates in Fuel
                   Lbo We Need to Worry About IWTBE Acid Hydrolysis?
                       i RBCA is not RBCA
                     I & A: Pay for Performance
                    Tank Systems in a Jam
                    uST-Related Explosions in Kentucky and Pennsylvania
                  J Building a Better Internet Presence
                  J^Should LUSTUne (Jp Electronic?

-------
LUSTLine Bulletin 43 • March 2003
• Tortoise and Hare from page 1

The Hare
One of my favorite stories regarding
service station construction is in a
1981 American Petroleum Institute
publication titled The Origin and Evo-
lution of Gasoline Marketing. The story
tells how Shell Oil expanded in Cali-
fornia in the early 1920s:
   E.H. Sanders, who was assistant
   division manager of the Central
   division at the time, loves to tell
   how they invaded the San Jose-to-
   Santa Barbara territory, building
   eight depots (bulk plants) and a
   hundred service stations all in a
   matter of six weeks. Sanders and
   Claude Donaldson,  the Central
   division's   traffic manager, first
   rode the 260-mile stretch of road
   between the two towns and picked
   likely sites for depots and stations.
   They were followed closely by real
   estate men who, to save time and
   expense, leased rather than bought
   most of the  desired sites. Then
   came the  construction crews in
  Jjonald Poitak, NEIWPCC Executive Director ^
  \	i   £*ynn DePont, EJFA Project "Officer
  l	I	JJ	I	U	h	ML	1       IHi
  ::'UISTjfme is a product of the New England
  ~" "crslifs Water Pollution Control Commis-
      '-''uce'd through a
  !„,:	IJgfigsn §E|WPCC" and the U.S.
  IngnylronniienEn Protection Agency.
  UP LUSTLme is issued as a communication
  Jj;JJ!MFMK5Wale SuBtitle I RCRA
   'l"'" ........     iiiS  m iSinir-i—mminin ..... M, npr,..ip.niipiiiip.|iiBmiiiniiiinn ........ •IJ ------- —
    je opinioi
   Jt$ ffjgseof the authors and do not neces-
  iiiiiii iarfly"re||ecf"the opinions of NEIWPCC.
   i !'l"'Hli" ........ biilKife&liriBliirSi Tajm liSifnir-i—mminin ..... M, npr,..ip.niip|jiiiip.|iiBmiiiniiiinn ........ •IJ ------- J— —
   ,i;:|iLazardous & Solid Waste 'Amendments
   -ir-r -  «wisf"j omulgaHprTprocess.
         JTL»«e is produced to promote
         '"	"	'	'"""'  Se on UST/LUST issues.
      j-iSliis'pubHcanbn may be" copied.
       !**"~r * jcreditto NEIWPCC.
          llENllmBIITIIIIITllllillllillllHlfc^
          fCCwas esfabTished by an Act of

           ..'tfieNprtheast United States
           jiffi_cogrdjnation of the multi-
                   ~™ ntal activities
            .153 y?, v.~>.aect!culj Maine,
        HnsK.ilMsetts, Nfew Hampshire,
        fprE"Khode liTand, and Vermont.
         LOSTUne t« printed on Recycled Paper
           I ;      ; :
  relays. First, crews to dig holes in
  the proposed service station lots
  and bury the underground storage
  tanks the station would need. Next,
  crews to pour the concrete founda-
  tion for the station, leaving bolt
  studs sticking out of the concrete.
  Meanwhile the crates containing
  the complete "A" station would be
  delivered. As soon as the concrete
  had hardened, a crew arrived to
  install the pumps and bolt the sta-
  tion in place, anchoring it to the
  foundation by means of the stud
  bolts protruding from the concrete.
  Then came the paint crew to apply
  a coat of red and yellow, and the
  station, once its storage tanks had
  been  filled from the new depot,
  was  in business "about ten days
  from start to finish."

    This orgy of station construction
would continue until World War II.
In fact, 1939 was the peak year for the
number of retail gasoline outlets in
the country, when some 400,000 retail
outlets were  active. The downside of
this huge number of facilities was
that the average facility was pumping
about 40,000 gallons of gasoline per
year. By comparison, National  Petro-
leum News recently estimated that
there  were  170,678 retail  outlets
active in the first quarter of 2002, with
the average convenience store selling
1.3 million gallons per year. (Conve-
nience stores represent 73 percent of
the retail outlets in the U.S.)
    Gasoline marketing continues to
be  a dynamic industry marked by
rapid   and  continual  change. The
1950s   saw   another  construction
boom that lasted through the 1960s,
only to come to an abrupt halt with
the oil embargoes and gasoline allo-
cation and price controls of the 1970s.
The 1970s also saw the introduction
of unleaded fuel and the rise of self-
service fueling. The 1980s saw the
transition from the traditional service
station, which offered vehicle main-
tenance  and repair, to the conve-
nience store model, which features
cigarettes, soda, beer, and snacks
 along with the fuel.
     The 1980s also saw the introduc-
 tion of federal regulation of under-
 ground  storage systems,  although
 most   of the  tank  upgrade  and
 replacement activity took place in the
 1990s, except for the major oil com-
 panies, which got started earlier. The
 1990s also saw increasingly high-vol-
ume gasoline retailing facilities, cul-
minating in the addition of gasoline
to the products offered by "Big Box"
retailers, such  as Wai Mart. The late
1990s also saw the consolidation of
major oil companies and a continued
decline in the total number of retail
gasoline outlets.
    While the pace of change  in
petroleum marketing  is  generally
rapid, underground storage technol-
ogy evolves much more slowly. This
is easy to understand because petro-
leum marketing has always been an
extremely cost- and customer-con-
scious industry, and not many cus-
tomers buy fuel based on the type of
storage system a facility has installed.
    There have been three major gen-
erations of UST systems in the U.S.:

• First generation: 1910-1985
These storage systems consist of steel
tanks with galvanized steel pipe and
a suction pump (first manual, then
electric) to deliver fuel. The bare-steel
tank reigned at petroleum retailing
facilities virtually unchanged for 70
years, except for size and the change
from riveted to welded  construction.
Galvanized piping  had a similarly
long life.

 • Second generation: 1965-Present
 These  storage  systems  consist  of
 fiberglass and  corrosion-protected
 steel tanks with fiberglass pipe and
 submersible pumps. Though fiber-
 glass and factory-engineered corro-
 sion-protected steel tanks have been
 available since 1965 and 1969, respec-
 tively, their market penetration was
 relatively small until  the  federal
 interim prohibition, in effect, forbade
 the installation of  bare-steel tanks
 after May 1985.

 • Third generation: 1985-Prosent
 The latest system feature is double-
 walled, corrosion-resistant tanks and
 double-walled piping  (especially
 flexible pipe after 1990) with contain-
 ment sumps and submersible pumps.
 Though double-walled tanks were
 developed in Europe in  the mid
  1960s,  the technology was slow  to
  cross the Atlantic because of  cost.

     The dates I cite are approximate,
  and both second- and  third-genera-
  tion  systems are  in  common use
  today.  Second-generation  storage
  systems, which represent technology

-------
                                                                                  March 2003 • LUSTLine Bulletin 43
 tkat is over 30 years old, are accepted
 by the federal rules, even for today's
 installations.

 The Tortoise
 Storage system regulation is the tor-
 toise in our fable. Environmentally
 based rules regarding underground
 storage began at local levels in the
 late '70s but rose rapidly to the fed-
 eral level with the signing of the
 Subtitle IRCRA amendments, estab-
 lishing a federal underground stor-
 age system regulatory program in
 November 1984. This resulted, after a
 four-year gestation period, in the
 promulgation of the federal tank reg-
 ulations, which in turn established a
 10-year program for upgrading the
 nation's storage systems.
    While the introduction and sign-
 ing of the 1984 RCRA amendment
 into law  happened with lightning
 speed, the development of the regu-
 lations was deliberately slow in an
 attempt to create a defensible and
 workable rule. Since publication on
 September 23, 1988, the rules have
 remained remarkably stable. Except
 for a small change to the overfill pre-
 vention portion of the regulations in
 1991, the federal UST rules have not
 moved a whisker. This came home to
 me as I reached  for  my taped-
 together, dog-eared copy of the Fed-
 eral Register and realized  that this
 14-year old document is still perfectly
 viable as a reference for technical
 standards for UST systems today. Is
 this a good thing?

 The Revisit
 Consistency has many proponents.
 "Slow and steady wins the race" is
 our tortoise's motto. Consistency is
 touted as a fundamental quality of
 good   parenting.  Consistency  is
 important in the workplace so that
 workers and customers know what
 to expect. There is something to be
 said for consistency in regulations,
 for much the same reason as in par-
 enting and in business. But consis-
 tency has its limits. The parenting
techniques appropriate for a toddler
will not work on a teenager. A com-
pany that has consistent policies but
is consistently losing money would
be wise to assess whether consistency
with outmoded policies was con-
tributing to the red ink. A carved-in-
stone  regulatory program  that is
operating in a fluid marketplace may
 find that its effectiveness is eroding.
     When j  the  original tank rules
 were  written,  the focus was  on
 updating pasting  UST technology.
 This was clearly appropriate because
 the dominant technologies for tanks
 and piping in use  at the time were
 hopelessly*   outmoded.   In  recent
 years, however,  the light has dawned
 on many in the UST world that tech-
 nological issues must now  take a
 back seat to operational issues.
     It has slowly been recognized that
 the best of hardware will not function
 well unless, as  Ray Powers of the
 Pennsylvania Department of Environ-
 mental Protection recently stated in an
 e-mail,  it is installed properly, pro-
 grammed correctly, well maintained,
 and effectively responded to when an
 alarm is triggered.
     We  have upgraded  our hard-
 ware, but this has not entirely solved
 the problem because the rules did not
 look comprehensively at -what would
 happen aftjar the new hardware was
 installed. By and  large, the rules
 placed  thej  burden of defining  the
 maintenance needs  of leak-detection
 equipmentjon ^e ecluipinent manu-
 facturers themselves by requiring that
 equipment be maintained according
 to the manufacturers' specifications.
 Equipment   manufacturers   have
 tended to shy away from this respon-
 sibility, preferring  to  imply, if not
 overtly  state, that their equipment is
 "maintenance free." With few excep-
 tions (e.g., {he annual testing of line-
 leak  detectors  and  the triennial
 monitoring; of CP systems), the origi-
 nal rules adopted the "bury it and for-
 get it" attittide that was a substantial
 contributor jto the UST problem in the
 first place. !
    While jsome technology-based
 issues are clearly still with us today,
 the weak link in today's strategy for
 protecting j human  health and the
 environment from  leaking under-
 ground storage systems seems to be a
 human one (e.g.,  ignoring equipment
 maintenance and the burying of
 heads in the sand when leak-detec-
 tion equipment  alarms sound). But
 while the ijssues have  evolved, the
 regulatory strategy for dealing with
 the issues has remained solidly chis-
 eled in stone.

A Strategy for the Tortoise
As  a resulj: of the  different paths
taken by our hare and our tortoise, it
 is not at all clear to me that our tor-
 toise is doing its  share  to protect
 human health and the environment.
 Here is my short list of things that
 could be addressed in rule revisions
 to help our tortoise meet the chal-
 lenge:

 • Address maintenance of installed
 hardware. A few  states have  ad-
 dressed  this  issue  by  requiring
 annual inspections of leak-detection,
 and in some cases, overfill-preven-
 tion hardware. A study that I con-
 ducted for the State of Maine a few
 years ago documented that checking
 operational status of hardware is a
 worthwhile endeavor—it was con-
 servatively estimated  that some 29
 percent of facility inspections discov-
 ered significant problems with corro-
 sion-protection, leak-detection, spill-
 containment, or overfill-prevention
 hardware.
    The Maine study also revealed
 that merely inspecting  the hardware
 is not enough. It found that 39 per-
 cent of tank owners failed to address
 deficiencies that were pointed out to
 them in the inspections. The inspec-
 tion requirement must be accompa-
 nied by enforcement measures with
 sufficient teeth to get the problems
 fixed. (Maine subsequently enacted
 regulations to deny product deliver-
 ies to tanks with problems that are
 not corrected.)

 • Increase scrutiny of some UST
 technologies. The Iowa tank lining
 study some years ago indicated that
 interior tank lining may have a sub-
 stantially greater failure  rate than
 U.S.  EPA believed in 1988. (See
 "Iowa's Tank Lining Study," LIZ'S T-
 Hne Bulletin #30.) Perhaps the initial
 lining  inspection should  be con-
 ducted after five years rather than the
 ten specified in the current rule.
   Anecdotal  evidence  indicates
 that many retrofitted cathodic-pro-
 tection systems are also not function-
 ing as  they should.  Perhaps  an
 annual monitoring frequency, rather
 than every three years, would  be
 more appropriate. Given the large
 number of older steel storage systems
 still in service,  should increased
 attention be focussed on internal cor-
 rosion?
   California is learning that a very
high percentage of installed tank and
 dispenser sumps, elements that are
                 • continued on page 4

-------
LUSTLine Bulletin 43 • March 2003
• Tortoise and Hare from page 3

critical  to  the  functioning  of  sec-
ondary containment systems, are not
tight. It is not clear whether this is
due to initial installation problems or
the subsequent "aging" of the  sys-
tem. Either way, some periodic eval-
uation  of  the integrity  of these
components would seem to be critical
to the effectiveness of secondary  con-
tainment.
    The  long-term performance of
flexible piping has also recently been
called into question. (See "Flexible-
Pipe Concerns Drive Home the Need
for Tank-Owner Vigilance," LUST-
Line #42.) It may be time to consider
new measures, such as improved
performance standards for flexible-
piping technology or increased vigi-
lance over existing installations to
address these concerns.
• Plug leak loopholes. The existing
rules do not include leak detection
for submersible-pump manifolds or
for dispensers. Yet field experience
indicates that these components can
be frequent sources of release.  (See
"Field Notes," LUSTLine #41.) With
the exception of secondary contain-
ment, and in some cases statistical
inventory  reconciliation  (SIR), no
other commonly used method of leak
detection is effective on these compo-
nents. Another loophole is that the
rules never considered the possible
impact of vapor leaks from UST sys-
tems. California has recently docu-
mented that this  type  of leak is
commonplace  and will soon be
requiring that UST systems be vapor
tight. Is this an issue that should be
considered nationally?
 • Improve regulatory compliance.
Whether such an effort consists of
restructuring state cleanup funds (see
"Square Operators, Round Tanks,
and Regulatory Hammers: A Pe-
troleum Marketer's Perspective,"
LUSTLine  #42),  developing some
requirements for operator certifica-
 tion, or some other technique, market
forces  that encourage compliance
should be brought to bear on the tank
owner.  Compliance with tank regula-
 tions must be strongly and directly
linked  to the tank owner's  bottom
line if the regulations are ever  to be
effective. It might also be worthwhile
 to review the rules from a "human
 engineering"  perspective  to  find
ways to simplify compliance so that
reliance on fallible humans can be
minimized.  (See "People  and UST
Systems" on page 8.)
• Tighten leak-detection standards.
The present-day rules have petrified
leak-detection technology by specify-
ing  generous leak-detection  stan-
dards of 0.2 gallons per hour (gph)
(1,752 gallons per year). While the
official interpretation of the rule is
that no leak is acceptable, the de facto
use of the rule is that anything less
than 0.2 gph is not a leak. Most volu-
metric leak-detection methods avail-
able today are capable of reaching
accuracies of 0.1 gph. While this is
still  equivalent  to 876  gallons per
year, it is half the 0.2 gph leak rate
that is the standard today.
    Test reliability  could be im-
proved by calculating the probability
of detection (Pd) and probability of
false alarm (Pfa) for each volumetric
test conducted, which would give a
much better indication of the reliabil-
ity of a specific test result. The limita-
tions of various technologies should
also be evaluated and spelled out by
manufacturers or regulations. For
example, inventory control,  auto-
matic tank gauges, statistical inven-
tory  reconciliation,  and line-leak
detectors decline in effectiveness as
throughput increases, but the limits
of their effectiveness have not been
clearly specified. With the prolifera-
tion of very high-volume retail facili-
ties, it is important that tank owners
know ahead of time which leak-
detection options will work for them.
• Revisit the spill-containment and
overfill-prevention issue. As I have
described several times in LUSTLine
(Bulletins #31, #21,  #18), I do  not
believe that overfill prevention as it is
currently practiced is safe, effective,
or efficient. (See also "Field Notes"
on page 11.) Surely something better
can be promoted by redefining the
regulatory criteria.
 • Update the rule to reflect knowl-
edge and experience gained in the
last 14 years. Do we still really need
groundwater and soil-vapor moni-
toring  as  leak-detection options?
Should operating guidelines for SIR
be  specified?  Should  language
regarding  the  1998  deadline  be
changed to reflect that this date has
passed? Should issues concerning the
appropriate leak rate for testing line-
leak detectors be addressed? Can a
sensor in a secondary-containment
sump take the place of a line-leak
detector? Should specific  require-
ments be set for electronic line-leak
detectors? These questions must be
answered in a process that leads to an
improved rule.
    Rule revision is not a chore that
many relish, but some states find that
it is worth the effort.  These states
have evaluated the effectiveness of
their regulations and have made
adjustments accordingly numerous
times. Florida's rules,  originally
enacted in 1984, were revised in 1992,
1994,1996, and 1998. California's first
rules went into effect in 1985. Since
then, the technical  rules have been
modified in 1991, 1994, 1998, 2001,
and 2002.  Maine's  first  UST  rules
were adopted in 1986 and modified
in 1987,  1990, 1991, 1996, and 2002.
Why have these states made changes
to their rules? (See "Keeping the Tor-
toise in Shape" on  page 6 for their
stories.)

But If If Ain't Broke...
"But wait!" you say. "The data show
that the  number of new releases is
dropping fast nationwide. The cur-
rent rules are working just fine." (For
the latest U.S. EPA data, see "Memo
from  Cliff  Rothenstein  to  UST
Regional Division Directors," Decem-
ber  23,  2002, FY 2002 End-of-Year
Activity Report.)
    OK,  let's look at those statistics.
(If you want to take a look, go to
www.epa.gov/oust.) Yes,  the data
show  a  significant decline in  the
absolute number  of new releases
being reported to U.S. EPA. But you
would expect that to be  the case
because  the number of active UST
systems  has also decreased dramati-
cally  since 1988—from 2 million
tanks in 1988 to 700,000 active USTs
today. If we have truly been making
progress in protecting human health
and  the environment,  then  there
should be a measurable decline in the
number  of leak incidents as a percent-
age of the remaining active UST popula-
tion.
    Figure 1 is a plot of data taken
from U.S. EPA semiannual reports
from 1991 through 2002. Though the
data are  somewhat erratic, there does
appear to have been a declining trend
(based on the linear regression line)
in the number of reported releases as

-------
                                                                                         March 2003 • LUSTLine Bulletin 43
 a percentage of the active facility
 population of from approximately 5
 percent to around 2 percent. In other
 words, in 1991, the number of newly
 reported releases equaled about 5
 percent of the active UST-facility
 population, while in 2002, the num-
 ber  of newly  reported  releases
 equaled about 2 percent of the active
 UST-facility population.
     However, these data  don't tell
 the whole story for two reasons. First,
 the data have a lot of scatter, and the
 trend is not  a strong one. Second,
 because historically most leaks have
 been detected by storage system clo-
 sure. Because the number of closures
 has been declining  since  1993, the
 corresponding decline in reported
 releases may well be an artifact of the
 way releases are discovered rather
 than a true estimate of the actual rate
 of releases at active facilities today.
 (See Figure 2.) Of course, the ultimate
 answer would be to go out and test a
 random sample of the active  UST
 population.
     Though not exactly a random test
 because a large number of tank own-
 ers refused to participate in the study,
 182 storage systems in California were
 tested using enhanced leak detection
 (a version of a Tracer test). (See the
 report at: http://www.swrcb.ca.gov/
 cwphome/ust/docs/fbr/FBR_Final
 _Report.pdf.) The study found only
 one small liquid leak in a piping run
 but found that 61 percent of the  sys-
 tems tested had released detectable
 amounts of hydrocarbons along with
 the tracer  compound   via vapor
 releases, primarily from the top of the
 underground storage tank. But Cali-
 fornia is a state that requires annual
 inspections, and only 10 percent of the
 systems tested were entirely single-
 walled, so the leak status of California
 storage systems may not be represen-
 tative of the national norm.
    A Petroleum Equipment Institute
 (PEI) estimate of UST system perfor-
 mance, though clearly not quantita-
 tive, is considerably more pessimistic
 about  UST-system  releases.  (See
 "Field Notes," LUSTLine #41.). The
 PEI members estimated that they
 would find a total of 47 leaking com-
 ponents inside 100 dispensers and 44
 leaking components associated with
 100 submersible pumps.
    The point  is we really don't
know with any degree of certainty
how today's UST systems  are per-
  Figure 1
                   Tfcnd.-;of Newly Reported Releases Over Time
    The "a" and- "b" suffixes after the year indicate data points for the first and second halves of the federal
    fiscal year, fhe original EPA data indicate the number of active tanks. The active tank data were con-
    verted to a facility count by dividing by 2.86, the tank/facility ratio used in the preamble to the federal
    rule. The number of newly reported releases for each six-month interval was divided by the estimated
    number of active facilities for the same time interval and multiplied by 100 to arrive at each data point.
  R9ure 2    |       i  G^mftarison of the Trends of Newly Closed
           I,    Fabiljtfes and Newlyi Reported Releases Over Time
                                            Newly Reported Releases
                                            Newly Closed Facilities
  The "a" and "b" suffixes after the year indicate data points for the first and second halves of the federal
  fiscal year. The original EPA data indicate the number of newly closed tanks. The newly closed tank data
  were converted to a newly closed facility count by dividing by 2.86, the tank/facility ratio used in the pre-
  amble to the federal rule. Because most new releases are discovered via UST facility closure, the parallel
  trends in newly closed facilities and newly discovered releases over time may indicate that the reduction
  in releases discovered is more closely related to the reduction in the number of facility closures than the
  effectiveness of the UST program in reducing leaks.
forming. Without reliable data on the
number of actively leaking UST sys-
tems and the nature of the leaks, we
cannot know how far from the finish
line our hare and tortoise presently
are. Perhaps another area for rule
revision is to put in place a mecha-
nism that will generate the data we
need to chart the team's progress.
    Consistency has much to recom-
mend it. Biit in a world where the
only constant is change,  consistency
must not be! confused with paralysis.
Businesses must evolve to survive. Is
this not true, for regulations as well? I
believe that! regulations should con-
sistently adapt to the changing cir-
cumstances, knowledge, and experi-
ences  encountered on the path  to
achieving the regulatory goal. The
tortoise, after all, did not win the race
by standing still. •

  Marcel Moreau is a nationally recog-
   nized petroleum storage specialist
  whose column, "Tank-nically Speak-
      ing," is a regular feature of
  LUSTLine. Marcel would welcome
 some interactive dialogue on "The Tor-
 toise and the Hare Revisited." He can
            be reached at
     marcel.moreau@juno.com.

-------
LUSTLinc Bulletin 43 • March 2003
Keeping; the  Tortoise  in  Shape

by Ellen Frye

     Several states have revised their UST regulations from time to time since they were
     originally promulgated. (See "The Tortoise and the Hare Revisited" on page 1.)
     I asked UST program managers from three such states—Maine, California, and
Florida—ivhy they did this, why they feel it is important to continue to do this, and how
they evaluate the effectiveness of their rules. For the states that can be no more stringent
than the federal rules, this is not meant to rub salt into the wound. Clearly, these three
states had the authority to move ahead on what they deemed were necessary changes.
Maine
"The bottom line in this program has
got to be preventing discharges and
eliminating public exposure," says
George Seel, Maine Department of
Environmental Protection (MDEP)
Director  of  Technical  Services,
Bureau of Remediaton  and Waste
Management. "Unless  you've  got
your head in the sand, you've got to
adapt your program to eliminate the
problems. To make  any necessary
revisions to our regulations, we eval-
uate our program on an ongoing
basis, as data becomes available. We
try to answer three basic questions:
How many new discharges have we
had? What were the causes? What
were  the environmental,  public
health, and  fiscal (insurance pro-
gram) impacts? If s all about the
lessons we learn answering these
questions."
     Over the years, MDEP has con-
ducted a number of studies instigated
by what they have found during rou-
 tine compliance  inspections  and
release investigations. For example,
 compliance inspections indicated that
 many required annual inspections
 were not being conducted and that
 defective equipment was not being
 repaired.  MDEP  commissioned a
 study to review the annual inspection
 reports of a  random sample of UST
 facilities. The study confirmed that a
 large percentage of owners/operators
 were  not doing  what  they were
 supposed to do with  respect  to
 annual inspection requirements (e.g.,
 cathodic protection monitoring, leak-
 detection equipment inspections).
 Furthermore, when  problems were
 found  during  annual  inspections,
 about 40 percent of the time they
 were not corrected.
     Based on this information, MDEP
 got approval from the legislature to
institute a third-party inspection pro-
gram to ensure that annual equip-
ment inspections  are conducted,
deficiencies are corrected, and a certi-
fied report of the inspection is sub-
mitted to MDEP.
    A review of expenses revealed
that about about 40 percent of the
agency's annual remediation budget
was spent on 1 percent of the dis-
charge sites in the state. This was pri-
marily because the sites located  in
sensitive geological areas require a
high level of long-term groundwater
and drinking water remediation.
    Seel says they have learned that
the primary causes of poor UST facil-
 ity performance are equipment fail-
 ure and human error or negligence
 by owner/operators. "We've found
 that even the best-designed facility
 can still have discharges," says Seel.
 "Within the first five years of a facil-
 ity's existence, we have found that it
 is likely to have at least one dis-
 charge—and many  have multiple
 discharges. The problems are often
 the result of human error, and we've
 concluded that you can't really cor-
rect human error problems." (See
"People and UST Systems" on page 8.)
   Because some level of UST fail-
ure is predictable and seemingly
inevitable,  MDEP concluded that
there   are  places  in Maine that
shouldn't have gas stations. The leg-
islature was  provided with docu-
mentation to this effect, and facility
siting standards were adopted. (See
"There Ought to Be a Law: Maine's
New  UST Siting and  Inspection
Lavfs,"LUSTLine#38.)

California
"I believe that in  any type of work
you do, in order to be successful, you
have to evaluate what you are doing
to determine if it  is effective," says
Shahla Farahnak,  Chief of Leak Pre-
vention at the California State Water
Resources Control Board (SWRCB).
"If you need to make  the changes, be
willing to make the  changes—and
that is not easy. It is  very time-con-
suming.  You have the challenge of
coming up with  an  ideal of what
needs to  be done and ultimately bal-
ancing that with  what you want to
achieve in terms  of  environmental
protection."
    The SWRCB has undertaken var-
ious research projects to determine
how  effective a specific regulatory
standard or requirement is when
applied in the field. (See these reports
at http://www.swrcb.ca.gov.cwphome/
ust/docs/fbr/index.)  Based  on  the
findings  of these projects, the SWRCB
has moved forward to make changes.
 "We need numbers and documenta-
 tion to justify our recommendations,"
 says Farahnak.
    For example, in 1998 and 1999, an
 Advisory Panel evaluated the effec-
 tiveness of the state's UST  system
 upgrade requirements in terms of
 protecting the environment. (See
 "California's Field-Based Research
 Project Looks for Answers," LUST-
 Line Bulletin #38.) That effort led to
 the state's new UST Leak Prevention
 and Enforcement Provisions, which
 went into effect on January  1, 2003.
 (See "News from California," LUST-
 Line #42.)

 Florida
 "Technology changes. We have to
 keep up. Reference standards change.
 We have to keep  up," says Marshall
 Mott-Smith, Administrator  of the

-------
                                                                         March 2003 • LUSTLine Bulletin 43
Florida Department of Environmen-
tal Protection (FLDEP) Bureau of
Petroleum Storage. "Plus, state agen-
cies need to be honest with them-
selves about what they see in the
field and make changes that will pre-
vent incidents and discharges."
    FLDEP is substantially revising
its 1998 UST rules to not only keep up
with technology and reference-stan-
dard issues but also to make the rules
easier to understand. In  addition,
FLDEP wants to resolve several prob-
lem areas in the rules, eliminate tables
and deadlines that have passed, and
address problems encountered with
flexible piping and piping sumps.
    Many of the proposed changes
were  based on  the preliminary
results from a Cause of Leak Study
that FLDEP is conducting in conjunc-
tion with the U.S.  EPA Office of
Underground Storage Tanks. In this
study,  reports  from district  and
county agency leak investigations
have been reviewed with an eye
toward gathering data to improve the
rules. Early results from the study
indicate that in today's UST systems,
piping is the major cause of leaks, fol-
lowed by dispensers. (A future issue
of LUSTLine will carry the results of
the study.)
    Mott-Smith says that  in many
cases, piping sumps are becoming
primary containment. These sumps
are real headaches for a variety of
reasons, including inadequate de-
sign, poor installation, bad entry
boots, and problems with some types
of flexible polyethylene piping. He
says that the state's secondary con-
tainment requirement (a rule revision
instituted in 1992)  was a critical
departure from  the  federal  rule,
which doesn't require UST systems
to have that second barrier.
    "If you see free product between
the walls of a double-walled UST sys-
tem," says Mott-Smith, "you know
that second wall was the only thing
that prevented the product from get-
ting into the environment. You have
a leak, but you don't have a release,
and that makes all the difference in
the world." •
 For more information on FLDEP's
=  proposed rule revisions, go to
    www.dep.state.fl.us/waste/
        categories/tanks.
                            1
                           J
 UL Proposes  Changes to
 Standard on Nonmetallic
 Underground Piping
       On December 6, 2002, a stan-
       dairds technical panel, made
       up'of some 30 state regulators,
industry experts, and representatives
of nonmetellic piping manufacturers,
met in Norfhbrook, Illinois, to discuss
proposed changes  to Underwriters
Laboratories' (UL) Nonmetallic Un-
derground1 Piping for Flammable Liq-
uids Standard (UL 971).
    The proposed  standard  ad-
dresses two key aspects of the piping:
mechanical failure and permeation.
UL released the mechanical portion
of the proposed standard for com-
ments on ^ebruary 4 and organized
an  ad  hoc  committee to  further
address permeation. Under discus-
sion is  the proposed permeation
value of 0.1 g/m2/day, the methodol-
ogy used to analyze this value, and
the proposed new test method for
measuring permeability. The com-
mittee is considering these issues in
conjunction with the California State
Water Resources Control Board.
    UL expects to publish the stan-
dard in early spring (the comment
period ended on March 4, 2003). The
standard then becomes effective 18
months  after  publication,  giving
makers of flexible piping the oppor-
tunity to have their products tested
to meet the standard. For more infor-
mation, contact Maggie Carroll at:
marguerite.e.carroll@us.ul.com. •
Mississippi  and Florida Notify
UST Owners and  Contractors
about  Flex-Pipe Concerns
     Both the Mississippi Department
     of Environmental Quality and
     the Florida Department of Envi-
ronmental I Protection have notified
UST owner/operators and installa-
tion contractors about concerns with
thermoplastic  flexible-piping sys-
tems.  (Seje   "Flexible-Pipe  Con-
cerns..." h} LUSTLine #42.) You can
view Mississippi's letter and related
photographs at: www.deq.state.ms.
us/newweb/homepages.nsf. If this
link does not work you can go to
www.deq.state.ms.us and click on
the "Underground Storage Tanks"
link.
   To view the "Special Notice to
Storage Tank System Owners and
Operators about the Use of Thermo-
plastic Flexible Piping in Florida," go
to: www.dep.state.fl.us/waste/cate-
gories/tanks.
  U.S. EPA has posted comprehensive data concerning reformulated gasoline
  (RFG) fuel properties and emissions performance averages by year/season
  and RFG area. The tables and graphs at the site are based on EPA's analysis of
  data generated from surveys conducted by the RFG Survey Association, an
  association of refiners, importers, and blenders, as a requirement of EPA reg-
  ulations. The site provides detailed data on all gasoline oxygenates.

  To access "Information on Reformulated Gasoline Properties and Emissions
  Performahce by Area and Season," go to:
  www.epa.gov/otaq/regs/fuels/rfg/properf/rfgperf.htm.

-------
LUSTLine Bulletin 43 • March 2003
People and  UST Systems
By Richard S. Bradley, Jr.

       Over drinks at business dinners,
       we discuss industry horror sto-
       ries with associates. We shake
our heads in disbelief at the ignorant,
lazy—or worse, unlawful—behavior of
people. Together we  count the cost to
individuals and communities, and occa-
sionally the damage done to the environ-
ment, knowing there were opportunities
to prevent the incident beforehand.
    This is the first installment  of a
multipart series examining the role of
human behavior in the management of
UST systems. Human behavior plays a
dominant role in our ability to manage
those systems for the prevention of conta-
mination and the protection of human
health and the environment.  One of my
favorite dinner and wine stories is ger-
mane to this topic. It concerns a major
gasoline release from the piping of an
UST system caused by the tank owner's
failure to search for the root cause behind
an ongoing alarm on his automatic tank
gauge (ATG) console.

A Story of System Failure via
Human Error
This UST owner had a retail location
that pumped a high volume of gaso-
line every month. He attributed years
of success to an unwavering focus on
his customers, resulting in a very
loyal clientele. He  understood that
interruptions to his business were an
inconvenience to his customers. Con-
sequently, interruptions had a clear
impact on his bottom line.
    So, when it came time to replace
his UST system, he was determined
to purchase state-of-the-art equip-
ment with the most up-to-date tech-
nology. He wanted an UST system
that would allow him to operate his
facility without  the  interruptions
resulting from product releases and
associated contamination.
    He installed redundant backups
for preventing and detecting releases
of product. He put in double-walled
tanks, double-walled piping,  sec-
ondary-containment sumps for the
submersibles, sensors in the sumps,
and  high-tech electronic line-leak
detectors capable of detecting leak
rates smaller than the regulatory
requirement.
 8
    Unfortunately, this sys-
tem had one flaw—a flaw
that would later reveal how
people behave when con-
tinually confronted  with
problems  they cannot, or
will not, correct.1
    For all of its high-tech
wizardry,  this UST system
suffered from a common
problem—the  ubiquitous
leaking sump. After invest-
ing a significant sum for the
"best" money could buy,
the owner was  surprised
and frustrated to discover
that   these   "high-tech"
sumps were not watertight.
The sensors in the sumps
went  into  alarm  shortly
after  a heavy rain. Rains
were  frequent at that time
of the year, and after several
attempts at removing the
water from the surnps and resetting
the alarm console, the owner and
employees became indifferent to the
sensor alarms. After all, it was only
water.

Trouble
As the early  morning rush hour
began to  wind  down during one
blustery cold winter's day, several
customers entered the store to tell the
cashiers on duty  that they were
unable to pump regular gasoline. The
owner looked at his ATG console and
discovered that it had shut down the
product submersible because  the
product line failed a gross line test.
He called the contractor. Shortly after
arriving at  the site,  the  technician
tried  resetting the ATG system and
rerunning the line test. Again, the
product line immediately failed the
test and the ATG system shutdown
title submersible.
 1. The topic of human error is fascinat-
 ing. Two of the more useful and interest-
 ing works include: The Logic of Failure:
 Recognizing and Avoiding Error in Com-
 plex Situations by Dietrich Dorner, pub-
 lished by Perseus Books, 1996, and;
 Inviting Disaster: Lessons From the Edge of
 Technology by James R. Chiles, published
 by HarperCollins, 2001.
    He decided to isolate the product
line and rerun the line test to deter-
mine if the problem was with the
submersible. At this time, the techni-
cian noticed a substantial amount of
water in the submersible sump. The
water  covered the  piping,  entry
boots,  and the  submersible. The
owner  responded that water was
always getting into the sumps, but it
was just water. Unable to reach the
submersible because of the water and
seeing that there was no gasoline on
the surface, the technician isolated
the product line from the dispensers
and ran the line test. The product line
again failed the gross line test.
    The leak was probably some-
where in the product line. However,
the absence of gasoline in the sub-
mersible  sump   was  bothersome
because the UST system had double-
walled piping. Had there been a leak
in the primary piping it should have
drained back to the  submersible
sump. Fearing the worst, the contrac-
tor contacted the tank- and line-test-
ing company, requesting that a tester
be sent to the facility to determine
whether the secondary piping was
tight, and if the testing came back
negative, to locate the source of the
leak. The testing service supervisor
informed  the manager  that  they

-------
                                                                                 March 2003 • LUSTLine Bulletin 43
•would, be unable to perform the test-
ing or locate any leak that might be
present until the owner removed the
water from the submersible sump.

Pumping the Sump
The technician informed the owner of
the need to pump the water out of the
sump. The owner said that was no
problem; he had a sump pump in the
back office that  he used to pump
water out of the car wash during the
last heavy rain. He could use that to
pump the water out of the sump onto
the driveway. The technician politely
explained to the owner that that was
illegal.  The  government  classified
water removed from the sump of an
UST system used for storing gasoline
as contaminated  waste. A licensed
waste hauler with  the necessary
equipment for pumping water from
the sump and  transporting it to a
licensed  treatment  facility  was
required.
    The  owner reluctantly agreed
and called the waste contractor rec-
ommended by the testing contractor.
Shortly afterward, a large tanker
truck arrived at the facility and began
pumping the water from the sump
into the tanker.  Water  continued
entering the sump almost as fast as
the tanker could pump it out. A large
volume of water had collected in the
tank pit during the previous months.
After several hours, the tanker truck
was filled to its 6,000-gallon capacity.
Water no longer continued to enter
the submersible sump and the testing
technician was able to begin running
the necessary tests.

The Helium Test
Performing a helium test at this par-
ticular location required injecting
helium into the interstitial space of
the double-walled piping  system
through a fitting on the entry boot
and waiting an hour to allow move-
ment of the helium through the back-
fill. Since the helium is lighter than
air, it would immediately rise toward
the surface upon entering the backfill
wherever a hole existed in the sec-
ondary piping, causing the detector
to alarm.
    Using the owner's "as built"
drawings as a guide, the technician
chose several locations along the pip-
ing pathway to drill small-diameter
holes through the concrete to get to
tke backfill material. The technician
then  placed  a  sensing  device
designed for "sniffing" helium over
the holes, j
    The dfetector alarmed at the hole
closest to the dispenser that was near-
est the building but well outside the
tank pit, confirming that there was a
leak in the piping system. Excavation
revealed that water from the sumps
had  filled the  interstitial  space
between the primary and secondary
piping. An exceptionally cold winter
had causejd both the ground and the
water in the interstitial space to freeze.
    Since ; freezing water expands,
there was; nowhere for the water  to
go; it burst the secondary pipe and
crushed  the primary pipe. Several
hundred gallons of gasoline entered
the  groufid because the line-leak
detector had been unable to run a test
for more than two hours due to the
constant running of the submersible
pump, which was pumping product
to meet  customer demand during
rush hour.

The Cost
The UST owner's significant invest-
ment in  technology resulted in an
invoice of  thousands of dollars  to
locate a leak, and thousands more  to
clean up the underground contami-
nation. It .Would be years before he
would  recover  those  costs—all
because he had not taken decisive
action to properly resolve the prob-
lem of the jeaking sumps.
    This story, almost apocryphal  in
nature, sHows that  people play an
important Irole in the management  of
UST  systems.  Human behavior,
where it concerns the management  of
technology and equipment to achieve
a desired outcome, requires the use
of processes in order to assure suc-
cess—in this case, the prevention  of
gasoline releases to the underground
environment from the  UST system.
Those processes include daily visual
inspection^  alarm response and noti-
fication, maintenance and repair, and
periodic  testing. In addition, the
management  of an  UST system
requires tKe investigation of incidents
to identify  root causes  and develop
solutions to prevent future problems.

Human  Error and Processes
When people use processes, there  is
always thd potential for making mis-
 takes. Regardless  of the reasons
 behind  their  actions,  the  conse-
 quences can be severe. The actions of
 the UST owner in this story pushed
 technology, in this case, fiberglass-
 reinforced   plastic,  beyond   its
 performance  limits. The resultant
 equipment failure and malfunction of
 the UST system had catastrophic con-
 sequences.
    Numerous studies have revealed
 that the dominant source of mistakes
 is human error.2 There are three com-
 mon reasons for that error. Mistakes
 occur when people do the following:
 •  fail to perform required actions
   (e.g., removal of the  water from
   the sumps)

 •  perform prohibited actions (e.g.,
   ignoring  the submersible-sump
   sensor alarms)

 •  misinterpret information (e.g., per-
   formance  characteristics of con-
   tainment sumps) critical for the
   performance of actions3
 Reducing and eliminating human
 error is an age-old problem.
    Human error can occur during
 the design and engineering  of the
 equipment used in UST systems or
 during the  manufacture  of  that
 equipment. It can occur during the
 construction and installation of the
 UST equipment or during the  opera-
 tion and maintenance of that equip-
 ment. It can occur because of human
 actions during recordkeeping of leak-
 detection-testing results, inventory
 reconciliation, or corrosion-protec-
 tion testing. It can ultimately occur
 while  responding  to emergencies
 associated with the UST equipment
 or with the remediation and cleanup
 of  releases  from  UST  systems.
 Clearly, human error is something
 we cannot afford to ignore, especially
 when  it  can lead to the types of
 defects  that   create catastrophic
 results.

 Human Error and Complexity
 Only  in the last 20 years has  it
become apparent that there is a single
 common underlying factor linking
               • continued on page 10

 2. C. Martin Hinckley, Make No Mistake!
 An Outcome-Based Approach to Mistake-
 Proofing, Productivity Press, Portland,
 OR, 2001, pp 10-12
 3. Ibid., pg. 10.

-------
LUSTLine Bulletin 43 • March 2003
• People and ISSTsjrom page 9

the frequency  of  human error to
defects (in  the case  of managing
petroleum UST systems, the defect
would be the release of gasoline to
the environment). This discovery was
the direct result of attempts by both
the Japanese automobile  and U.S.
electronic industries to improve man-
ufacturing  processes in  order to
reduce defects in their products dur-
ing the 1980s and 1990s.4 That single
factor was complexity. According to
the research, three components com-
prise complexity:
•  objects (i,e., material, equipment,
   hardware, tools)
•  information (i,e., data, communi-
   cation, training)
•  human activity (i.e., the difficulty
   and number of steps to perform
   those activities)

   When we consider the complex-
ity of UST systems in light of the
need to manage human error, it is
important to keep in mind the key
function of those systems—to store
hazardous substances and petroleum
products safely, in a  way that will
prevent the release of product to the
environment.  Furthermore,  if re-
leases do occur, UST systems should
be capable of detecting those releases
rapidly and effectively, thus enhanc-
ing any opportunity to minimize the
volume of released product. Soundly
engineered, constructed,  installed,
operated, and maintained UST sys-
tems  should continue  to perform
these functions effectively through-
out their life cycle.
   It should be apparent from my
story and the research findings that
UST systems are not simply com-
prised of equipment and technolo-
gies.   Owners  and  operators—
humans—interact with UST systems
at some or  all points in their life
cycles, developing processes and pro-
cedures to manage those systems.
Therefore, the  core elements of all
UST systems are: technology, equip-
ment, people, and processes.
4. C. Martin Hinddey, Quality By Design -
Eliminating Defects Through the Control of
Variation, Mistakes, and Complexity,
Assured Quality, 50th Annual ASQC
Quality Congress, Chicago, IL, 1996.

10
The System Can't Do It Alone
Given the complexity of UST systems
and the potential for human error, it
stands to reason that we must have
clearly defined, properly engineered,
well-documented, consistently exe-
cuted,  and periodically  evaluated
processes. If such processes are not
present, we should not expect UST
systems to deliver years of reliable
service, regardless of the capabilities
of the technologies or the quality of
the equipment.
                         error^ it
                           ' J ' '* •>
  -stands to reason that we must have
    .,, .#; .-;,-'• r,i=ss ft..^T:i:. .' cti
    •• clearly defined, properly
 ;;" ;,Trn'7',™i;'EEiist:t::»fenif pfessr77?r 1
 ; ;   consistently executed, and
 K::^;-:^-''^^^^1^*^:^^**^1'^
 . periodically evaluated processes.
    "      '    '      '
                                \
    Ongoing discoveries of contami-
nation of public drinking water wells
and land surrounding UST facilities
are causing people to question con-
cepts previously considered inviolate
regarding  UST  technology  and
equipment. It is not clear whether the
sources of contamination are from
the upgraded equipment, the result
of releases that occurred before the
UST systems  were upgraded, the
mismanagement  of  UST systems,
other factors such as compatibility, or
a combination of several of these fac-
tors. Unfortunately, it may be several
years before we can positively iden-
tify the actual root causes or sources
of these problems.
    Recent court settlements address-
ing the contamination of entire com-
munity drinking water systems with
petroleum-based compounds such as
MTBE and other chemicals from UST
systems illustrate that these problems
are immediate. The  potential eco-
nomic and health consequences of
these releases to communities can be
significant. There are several hun-
dred thousand UST systems in opera-
tion throughout  North America.
Consequently, the immediate need
must be to address how to manage
the operation and maintenance activ-
ities of those UST systems.
    How well owners, operators, and
the regulatory community under-
stand the factors affecting human
error  will  influence  how   they
approach  solving the problems of
managing UST systems. This knowl-
edge can guide owners and operators
in their selection of technology and
equipment for use in new UST sys-
tems. More importantly, it can pro-
vide a framework for developing the
management processes needed to
ensure maximum performance from
existing UST systems,  particularly
during their operation  and mainte-
nance.
    Likewise,  this knowledge can
guide the regulatory community in
determining how best to regulate
new and existing UST systems and in
their development of any future leg-
islation to address the operation and
maintenance of UST systems. Ulti-
mately, understanding the factors
affecting human error will determine
whether the decisions made by legis-
lators and regulators contribute to
the prevention of, or are among the
root causes of, the contamination of
our water resources.
    In future issues of LUSTLine, I'll
take a  closer look at this story and
other stories like this and examine
what went wrong, what should have
been done to prevent the problem,
and what could be done  differently in
the future. We will explore such ques-
tions as: What happens  to people
when  confronted with something
they do not understand?  What role
does training have with the manage-
ment of UST systems? How does
boredom or inattention affect  a per-
son's ability to effectively  manage
UST systems? Finally, we will review
the tools available to UST owners and
operators to help them select UST sys-
tem equipment and design features
that will deliver the necessaiy perfor-
mance to prevent releases  of product
at competitive costs throughout the
total life cycle of the system. H
    Richard S. Bradley, Jr., LTSA,
 AS ACT, is an Environmental Coordi-
  nator and Advanced Safety Auditing
 (ASA) Trainer for BP Products North
 America Inc., Marketing Environmen-
  tal Management Systems, East Coast
  Retail Business Unit. Richard can be
    reached at bradlers@bp.com,
        or at (770) 576-3080.

-------
                                                                             March 2003 • LUSTLine Bulletin 43
from Robert N. Renkes, Executive Vice President, Petroleum Equipment Institute
 Overpressurization Problem  Baffles Tank  Owner
 What Do  You Think?
A       gasoline distributor in the
       Northeast installed under-
       ground petroleum storage
 systems at one of his stations in Sep-
 tember of 1992. The 10,000-gallon-
 tanks are double-walled fiberglass
 with a brine solution in the intersti-
 tial space that is continuously moni-
 tored by an automatic tank gauge
 (ATG). The station has a two-point
 Stage I vapor-recovery system and a
 balance Stage II system. The prod-
 uct piping is a double-walled flexi-
 ble system.
    The unleaded (UL) tank was
 filled on January 10, 2003, without
 apparent incident. On January 12, a
 driver had difficulty dropping his
 entire load, although the ATG indi-
 cated that there was plenty of room
 in  the  tank.  The  driver  later
 remarked that he heard a high-
 pitched air noise coming from the
 18-inch diameter manhole cover
 over  the ATG probe for the tank.
 During this delivery,  a customer
 also complained that vapors were
 coming from the nozzle while he
 was fueling his car. It was decided to
 carefully observe the next delivery.

 Delivery Difficulties
 On January 15, a driver arrived at
 the station at 1:00 a.m. to make a
 scheduled gasoline delivery. Before
 dropping his load, he took an ATG
 reading for the tanks, confirming
 the load would fit. He dropped
 2,800  gallons of UL into the 10,000-
 gallon tank. He also noticed that
 vapors were  emanating from the
 same 18-inch manhole cover that
 had made noises on January 12.
 Then  approximately 40 gallons of
 gasoline came out from beneath the
 18-inch manhole cover. An investi-
 gation revealed that the ATG riser
 cap, which was located under the
 18-inch manhole cover, had blown
off. The cap was very corroded, and
it appeared that there had been suf-
 ficient pressure in
 the tank;to force
 the cap open.
     Also,; the
 ATG probe itself
 was blown up out of
 the tank. It was  being
 held up;out  of the tank 26
 inches higher than normal by the
 plastic alignment tabs on the probe
 that were resting on top of the 4-
 inch riser pipe. Because the probe
 was now ^positioned more than two
 feet higher than its normal position,
 it was dramatically underestimating
 the volume of gasoline in the tank.
 Because  the driver relied upon the
 ATG reading and did not manually
 stick the tank before the delivery,
 the tank  had been filled beyond its
 capacity. I The next day the  ATG
 riser caps were replaced on all the
 tanks and the tank owner thought
 the problejrn was solved.
         i
 Two Days Later
 Another  driver, using a different
 tank trailer, arrived two  days later
 at 1:00 a.m. in 4° weather to  drop
 another load into the UL tank. The
 driver stutk the tank before making
 the delivery  and confirmed that
 there was plenty of room in the
 tank. Halfway through  dropping
 the 2,800-gallon compartment of his
 tank trailejr, the flow seemed to stop,
 and a small  amount of gasoline
 leaked frpm the delivery elbow
 attached tp the tank fill pipe.
    The driver shut the valve on the
 trailer and disconnected  the deliv-
 ery elbow. When he did, gasoline
 shot out from the fill pipe approxi-
mately 7  feet in the  air, completely
covering the driver. He tried unsuc-
cessfully  jto reattach the delivery
elbow to  the fill pipe. By the  time
the flow from the fill pipe stopped,
500 gallons had spilled some 300
feet down the street and into two
telephone-fcompany manholes. The
 fire  department  responded  by
 spraying the spill with foam and
 water, which immediately froze as
 it hit the pavement. The local Fire
 Marshal closed the station as well as
 the main road for 12 hours until the
 spill was cleaned up.

 The System Test
 The Fire Marshal insisted that a
 tank-testing  company check  the
 tank system before putting it back
 into service. The initial theory was
 that the ball of the float-vent valve
 must have stuck with the ball in the
 "up," or closed position. To inspect
 the float vent valve, the testing com-
 pany had to remove  the Stage I
 vapor fitting.
    Unfortunately, they had to beat
 on the vapor fitting in order to get it
 off. When they looked down the
 riser pipe, they could  see that the
 ball of the float-vent valve was in
 the bottom of its wire basket. There
 was some suspicion, however, that
 the blows to the vapor adapter
 might  have  dislodged  the  ball.
 When removed for examination, the
 ball of the float-vent valve showed
 some rust staining, apparently from
 the steel pipe into which the ball
 seated when the tank overfill level
 was reached. The testing company
 noted that the wire basket for the
 float-vent valve was not damaged
 and reinstalled the assembly.
   The  testing  company  next
 checked the Stage I vapor adapter
and determined that it was working
perfectly. The company did a pres-
sure-decay test on the  tank ullage
and found a couple of drain valves
                I continued on page 12
                                                                                                  11

-------
LUSTI.«ieBH/teKn43 • March 2003
  m Overpressurization Problem Baffles Tank Owner from page 11
  leaking on the spill containment fill
  boxes and one leaking dispenser
  hose breakaway. Eventually, they
  were able to get a passing pressure-
  decay test on the storage system
  vapor space as well as a liquid-
  blockage test on the vapor return
  lines from the dispensers to the
  tanks.
      The testing company assumed
  that a stuck ball float caused the
  Overpressurization of the tank. The
  next  7,000-gallon  delivery  was
  made with no trouble at all.
What Do You Think?
The owner's delivery policy is to fill
his USTs as close to 90 percent of
capacity as possible. The ball-float
assembly was measured and found
to be the correct length. The tank
owner is concerned because if the
ball seats at 90 percent and doesn't
release before the next fill, the same
problem could occur again. The
owner wrote me at the Petroleum
Equipment Institute and  asked if
he's the only one to have such an
experience and whether there could
be other things besides a stuck ball
float that could cause the Overpres-
surization.  He also wondered if
there aren't any other theories or
reasons, then what caused the float
ball to hang up? A week of really
cold weather? Corrosion? Or both?
    LUSTLine readers can compare
their answers to those of the  PEI
members who responded to  the
question by going to the "mystery
tank" link at www.pei.org/frd.
Your  comments  can be  sent to
rrenkes@pei.org. •
 An  Overview  of MTBE and Other
 Oxygenates in Fuel
  by Patricia Ellis

      Conventional wisdom holds that
      methyl   tertiary-lwfyZ  ether
      (MTBE) first came into wide-
spread use in the United States in 1979;
first as a replacement for alkyl lead com-
pounds, and later (in  the 1990s) as a
"required" ingredient  in oxygenated
fuels (oxyfuel) and reformulated gasoline
(RFC). But MTBE has a much longer
association loith automotive fuels, as do
many of the other oxygenate fuel addi-
tives, whether it's because they were
used to increase the oxygen content of
the fuel, to enhance the octane content,
or because they were part of a propri-
etary package of additives. Although
there are still significant gaps in  our
knowledge base, let's begin our overview
of these oxygenates by piecing together
some of the highlights in the history of
oxygenates.1 We'll start with the ethers,
with special emphasis on MTBE.

The Ethers
An English chemist first synthesized
MTBE in 1842 (Faulk et al., 2000);
however,  a  U.S.  patent  wasn't
granted until a century later. Litera-

1. Much of the information in the history
discussion is adapted from. Morrison and
Associates unless otherwise indicated.
(http://www.rmomson.com/mtbe.htai)

12
ture published by the American
Petroleum Institute (API) in the 1950s
discusses the applicability of using
MTBE in gasoline (Drogos, 2000). In
the late 1960s, Chevron field-tested
the use of MTBE and tertiary-amyl
methyl  ether (TAME) in  taxicab
fleets. MTBE was used commercially
in Italian gasoline blends in the early
1970s (Hart/IPJ Fuels, 2000).
    Then in the late 1970s, U.S. EPA
issued a waiver under the "substan-
tially similar" rule (see sidebar on
page 15) for 7 percent MTBE by vol-
ume in motor fuel. MTBE was soon
blended into East Coast gasoline for
octane enhancement, corresponding
with the phaseout of alkyl-lead addi-
tives (McKinnon et al., 1984; Garrett
et al., 1986; Davidson, 2000).
     To achieve the same octane levels
  as leaded gasoline, MTBE was used
  at concentrations of from 4 percent to
  7 percent by volume. As tetraethyl
  lead in gasoline was phased out in
  the early 1980s, the use of MTBE
  rapidly increased. From 1980 to 1986,
  the commercial production of MTBE
  increased at a rate of about 40 percent
  per year (Suflita and Mormile, 1993).
  Through the late 1980s, EPA granted
  waivers for several oxygenated-gaso-
  line blends,  some of which used
  MTBE at increasingly higher levels.
     In 1987, the "wintertime oxyfuel
  program" was first implemented in
  Denver,  Colorado,  initially with
  MTBE, then later with ethanol, due to
  consumer complaints about MTBE
  (Harvey, 1998; Drogos, 2000). Report-

-------
                                                                                 March 2003 • LUSTLine Bulletin 43
 edly in tKe same year,  U.S.  EPA
 issued a waiver for a maximum of 15
 percent MTBE by volume in gasoline.
 At about this time, it is also reported
 that MTBE was  among the top 50
 chemicals manufactured in the U.S.
 (Uhler et al., 2000). By 1989, winter-
 time-oxyfuel programs were imple-
 mented in Phoenix, Las Vegas, Reno,
 and Albuquerque,  initially  with
 MTBE; they later switched to ethanol.
     In  1990, the  Clean  Air   Act
 Amendments (CAAA) were enacted,
 and the maximum oxygen content of
 gasoline was raised to 2.7 percent by
 weight (15 percent by volume for
 MTBE). Production of MTBE contin-
 ued to increase, and since 1993, it has
 become  the second most produced
 organic chemical in the United States
 (USEPA, 1998)~-350 billion liters (92
 billion gallons) of MTBE were  pro-
 duced in 1997 (Zogorski et al., 1998).
 By 1998, more than 10.5 million gal-
 lons per day of MTBE were used in
 the  U.S.; 4.2 million gallons per day
 were being used in California alone
 (Johnson, et al., 2000).  U.S. produc-
 tion of MTBE can meet about two
 thirds of the country's demand for
 oxygenates. The remaining demand
 is met primarily with MTBE from the
 Middle East and Canada (California,
 CARB, 1998).
     TAME was first produced in
 1907, but its first use as an automo-
 tive fuel additive wasn't documented
 until the late 1960s, and then appar-
 ently only on a somewhat  limited
 basis. It wasn't until after the Clean
 Air  Act Amendments  (CAAA) of
 1990 that TAME and ethyl tertiary-
 butyl ether (ETBE) came into general
 use as oxygenates (Peterson, 2000).

 Alcohols
 Alcohols have been manufactured for
 many centuries, and ethanol has been
 used as an  automotive fuel since the
 1930s. In 1975, Nebraska began its
 gasohol  (ethanol blend) program.
 U.S. EPA issued a waiver for 10 per-
 cent (by volume)  ethanol blends in
 1976 (Gibbs, 1998), and in 1978 gaso-
 hol (10 percent ethanol by volume to
 90 percent gasoline) blends were first
 used in Nebraska.
    ARCO  reportedly blended  ter-
 tiary-butyl  alcohol (TEA) into gaso-
 line for the first time in 1969 (Harvey,
 1998; Peterson, 2000; Drogos, 2000).
In 1979 U.S. EPA issued a waiver for
methanol and TBA at 2.5 percent by
 volume,  i  From   1979
 through 1988, U.S. EPA
 granted  | waivers   for
 methanol/TBA blends at
 substantially higher lev-
 els.      !
     In  th6  1980s, M85
 (methanol iat 85 percent to
 15 percent  gasoline by
 volume) vfas introduced
 arid ethanpl was tested as
 an octane! booster (Har-
 vey, 1998).  Refiners  in
 California began to pro-
 duce ethariol blends  in
 response to widespread
 MTBE contamination of groundwater
 resources because they are consid-
 ered alternative fuels.
          I
 Industry and the CAAA
 The CAAA has two basic require-
 ments for automotive fuels, neither of
 which requires the use of MTBE or
 any other' specific oxygenate. The
 first requirement is that RFC contain-
 ing a minimum of 2 percent oxygen
 by weight be  used year-round in
 severe or extreme ozone nonattain-
 ment areas to  help reduce vehicle
 emissions. The second requirement is
 that gasolines used during the win-
 tertime in 'carbon  monoxide nonat-
 tainment areas contain 2.7 percent
 oxygen by weight.
    The choice of which oxygenate to
 use was, an|d still is, entirely an indus-
 try decisioh. Primarily for economic
 and logistical reasons, a majority of
 the gasolines produced in the U.S.
 contain MTBE rather than any other
 oxygenate !(e.g., ethanol). The Clean
 Air Act legislation of 1990 included a
 number o|  provisions that would
 have led to! the introduction of alter-
 native (noripetroleum) fuels, such as
 methanol. [However, the petroleum
 and oxygenate industries responded
 to these provisions by offering the
 REG program as a substitute.
    In fact, j industry documents con-
 firm that itjwas the refining industry
 that initiated and promoted the use
 of MTBE in reformulated gasoline
 (see STPUE? references). Their repre-
 sentatives -^vere largely successful in
 expanding! the use of MTBE  over
 ethanol, thereby boosting the prof-
itability of the industry.
    The two  feedstocks of the pri-
mary process from which  MTBE is
manufactured  are methanol  and
isobutylene. Although the methanol
 must be purchased, isobutylene is a
 refinery waste product and its dis-
 posal is expensive. The introduction
 of MTBE into fuel in large quantities
 turned a liability into a significant
 asset. MTBE, and ethers in general,
 have blending properties  that are
 more favorable than alcohols. Ethers
 can be blended with the bulk fuel at
 the refinery and then transported
 through pipelines. Alcohols, on the
 other hand, cannot be blended with
 fuel at the  refinery  and  alcohol-
 blended fuel cannot be transported
 through pipelines. Alcohols must be
 blended at the transportation or dis-
 tribution terminal.

 Geographic Distribution
 of MTBE
 Compliance  with  the   CAAA  in
 nonattainment areas requires the use
 of oxygenated fuel, either RFC or
 oxyfuel. Beginning in 1992, 36 areas
 of the country were required to use
 oxyfuel in the winter. Other areas of
 the country were allowed to volun-
 tarily opt-in to the RFG program to
 improve air quality. By the 1998-99
 season, however, only 17 areas were
 still implementing the program, as 19
 areas were redesignated as carbon
 monoxide attainment. This was due,
 in part, to the implementation of an
 oxyfuel program along with other
 control measures. But this is only a
 small part of the story.
    There are estimated to be more
 than 700,000 regulated gasoline USTs
 at approximately 400,000 facilities.
 "Major" oil companies own about 20
percent of the nation's approximately
 182,000 retail outlets (Blue Ribbon
Panel Report, 1999). In  California
alone,  more than 10,000 sites  cur-

               • continued on page 14

                              13

-------
LUSTLine Bulletin 43 • March 2003
• An Overview of Oxygenates
from page 13	

rently regulated as leaking tank sites
are suspected to have released MTBE
to groundwater (Happel, Beckenbach
and Halden, 1998). In addition, there
are approximately 3 million under-
ground fuel storage tanks nationwide
that are exempt from federal regula-
tions (e.g., certain farm and residen-
tial gasoline storage tanks and home
heating  oil  tanks), although some
states do regulate heating oil tanks.
    MTBE and  a  variety of other
ether and alcohol oxygenates have
been used for many years as octane
enhancers, and therefore, fuel blends
containing these oxygenates could
potentially have been stored in any
UST system anywhere in the U.S. In
fact, due to the fungible nature of the
fuel supply in the  U.S., MTBE has
been found in gasoline (and the envi-
ronment!) in every state at one time
or another whether or not an area is
or has been subject to RFC or oxyfuel
requirements (CRS report for Con-
gress, February 25,2000).
     Industry documents (see STPUD
references) reveal that industry was
aware  in  the  early  1980s   that
 "exchange agreements" would result
in MTBE-laden fuel being delivered
 to areas where it was not needed.
Further complicating the distribution
 picture is that MTBE has been docu-
 mented to be present in other fuels
 (heating oil, diesel fuel,  aviation
 gasoline) for which  it was never
 intended. Again, industry documents
 (see STPUD references) reveal that
 industry was also aware of this prob-
 lem in the early 1980s. More recent
 studies (Robbins, 1999; Robbins and
 Henebry, 1999;  and Robbins  and
 Zack, 2000) of oxygenates in other
 fuels have  confirmed that this is a
 widespread phenomenon in the New
 England states.

 Sources of MTBE in the
 Environment
 Given MTBE's widespread use as a
 gasoline additive and the large vol-
 umes of gasoline  that are stored,
 transported, and used in all areas of
 the country, releases of MTBE to the
 nation's ground and surface waters
 occur in a number of ways. But, the
 largest source of gasoline releases to
 the environment is leaking under-
 ground storage tank (LUST) systems.
Gasoline storage  and distribution
facilities can release relatively large
volumes of  gasoline (hundreds to
thousands of gallons) that can affect
ground and surface water.
    MTBE releases can also occur
from automobile-related accidents,
homeowner spills  or misuse, marine
engine  emissions into lakes  and
reservoirs, and atmospheric washout.
Releases from LUST systems con-
tinue  to occur, even at upgraded
facilities,  and  releases  of  MTBE
vapors, without a release of liquid,
are especially problematic (SCVWD,
2000). Stormwater runoff can also be
a source of MTBE contamination.
Runoff  can  be  contaminated with
MTBE from dissolution of residual
from parking lots  (such as at service
stations and retail businesses) and
roadways. MTBE  can also enter the
environment through atmospheric
deposition.

Unprecedented History of
Contamination
Perhaps the most  remarkable aspect
of the history of MTBE contamination
is the sheer speed at which MTBE
contamination  has spread nation-
wide. Documented cases of ground-
water contamination from LUST sites
date back to 1980 on the East Coast
(see STPUD references). MTBE and
other  gasoline  constituents  were
detected in private wells in a subdivi-
sion in the town  of  Jacksonville,
Maryland, in 1980. Also around this
time, several oil companies had doc-
umented that MTBE could migrate
farther and faster than other fuel con-
stituents.
    Furthermore,   industry  was
aware of the low taste and odor
threshold of MTBE in water and that
carbon adsorption was not effective
for removing MTBE from water. For
example, an MTBE plume in Rock-
away, New Jersey, that contaminated
the municipal well was known in
1983 to extend for 1,500 feet, while
the hydrocarbon  portion  of the
plume was much shorter. Consumers
served by the well had complained of
taste and odor problems, which were
attributable to MTBE contamination.
    Through the 1980s and 1990s the
number  of  MTBE-contamination
cases rapidly increased—and they
were  not limited to RFG or oxyfuel
states. For  example, Kansas, which
may be described as the "buckle of
the cornbelt" (where ethanol would
presumably be  the oxygenate of
choice) and where the use of neither
RFG  nor oxyfuel  is  or  has been
required, reported that nearly 90 per-
cent of its LUST cases had  docu-
mented    MTBE   contamination
(NEIWPCC, 2000).
    Today,  thousands of  private
wells from coast to coast have been
impacted, as well as numerous public
water supply wells. Public wells have
been shut  down  in  many states,
including California, Rhode Island,
Maine, Indiana,  and New  York.
Recent studies of ambient groundwa-
ter in California indicate that MTBE
is a ubiquitous contaminant (though
generally at low concentrations) in
Table i : i ! ^qlirreiice ('%) of oxygenates in cinvenfion^l Versus 1 1
i RFG and fegflar versus premiujti gasjjljnes m Neiy Hampshire samples,; | j


MTBE
TAME
ETBE
DIPE
TBA
Conventional Gasoline
Regular
100%
100%
45%
10%
0%
Premium
100%
100%
85%
3%
0%
Reformulated Gasoline
Regular
100%-
76%
18%
18%
0%
Premium
100%
100%
52%
0%
14%
 Data from Fred McGarry, NH DES.
 14

-------
                                                                                     March 2003 • LUSTLine Bulletin 43
  Oxygenate
 Ethyl tert-Butyl Ethsr (ETBE)
 Ethyl tert-Butyl Alcohol (ETBA)
 Tert-amyl Methyl Ether (TAME)
 Diisopropyl Ether (DIPE)
 Tert-Butyl Formate (TBF)
 Tert-Butyl Alcohol (TBA)
 Tert-amyl Alcohol (TAA)
 Ethanol
Percent
Detected
 5/1/01
   6%
  14%
  28%
  36%
   0%
  22%
  33%
                          14%
 Percent
Detected
 5/1/02
   5%
  27%
  35%
  38%.
                3%
  24%
               26%
               12%
 Percent
Detected
 11/1/02
                             4%
                            31%
                            38%
                            43%
                7%
                            28%
               47%
                                                    11%
Analytical Method 8260B used to sample for oxygenates and ethanol.
   Highest
Concentration
    (ng/L)
                                          60
                           7,940
                           1,700
                           8,700
                                       20,800
                          39,400
                                       76,000
                                     9,800,000
 virtually all groundwater that is less
 than 20 years old (Small, 2002).

 The Other Oxygenates
 Little data are available on the use of
 the other oxygenates in gasoline or
 groundwater,  but where states are
 analyzing for them, they are finding
 them. In Delaware, we already have
 domestic wells with TAME and TBA
 contamination, and ETBE has been
 detected in at least one public well. I
 offer some data from two states—
 New  Hampshire  and South  Car-
 olina—where studies have been done
 to determine the extent of the use of
 other oxygenates and related conta-
 mination.
    In 2000, New Hampshire  con-
 ducted a study in which samples of
 regular and premium grades of both
 RFG and conventional gasoline were
 collected and analyzed for five of the
 oxygenates. (See Table 1.) MTBE was
 found in all samples, while TAME
 was found in all premium gasoline
 samples, all regular grade conven-
 tional samples, and 76 percent of the
 regular-grade  RFG samples. ETBE
 was found in all types of samples—
 the percentage of the samples con-
 taining ETBE varied by grade  and
 conventional versus RFG. DIPE was
 found to a lesser extent, but  was
 identified in at least some of the sam-
 ples of all types of gasolines except
 premium-grade  RFG.  TBA   was
 found in only the premium RFG sam-
 ples (14 percent of the samples).
    Four counties in New Hampshire
 are RFG counties and six counties use
 conventional gasoline. Keep in mind
 that oxygenates can be used to meet
 octane requirements, not just oxygen
              requirements for gasoline.
                  Southj Carolina, as  part  of all
              LUST assessment activities, has been
              sampling; groundwater  for MTBE
              since June  1995.  MTBE has  been
              detected  at 72 percent  of  all con-
              firmed releases. Since June 2000, the
              state  has! been split sampling all
              active corrective actions where MTBE
              is known to be present to see if other
              oxygenates were present. Sixty-eight
              samples Were collected at 40 different
 LUST sites since June 2000. In addi-
 tion   to   the  percentage   MTBE
 detected, Table 2 shows the percent-
 ages of other oxygenates that were
 found.
    One thing to keep in mind in con-
 sidering these figures is that South
 Carolina is not an RFG state! Yet the
 data in Table 2 support the fact that
 not only MTBE but other oxygenates
 are being found. The figures pro-
 vided  by South Carolina also show
 that these oxygenates aren't just pre-
 sent in trace amounts.
    Art  Shrader,   Director  of the
 Assessment  and Corrective Action
 Division of the South Carolina UST
 program, says that the oxygenates
 aren't just an environmental liability,
 they are also  expensive to remediate.
 "The bottom line to MTBE from a
 LUST cleanup perspective, is because
 of MTBE's  higher  solubility,  its
 plumes tend to be 20 percent larger
 than  petroleum  plumes  without
MTBE,"  Shrader says. "Therefore,
we've found that the assessment and
 cleanup costs tend to cost 20 percent
more  than those  of sites without
                • continued on page 16
                 Substantially Similar?
                 All additives for motor-vehicle gasoline are required to be registered by U.S.
                 EPA, pursuant to 40 CFR 79 ("Registration of Fuels and Fuel Additives")
                 before their introduction into commerce. To obtain registration, the additive
                 manufacturer must: (1) provide a chemical description of the additive, (2)
                 provide certain information on the combustion and evaporative emissions of
                 gasoline containing the additive at its maximum treat rate, (3) provide cer-
                 tain technical and marketing information, and (4) comply with the "substan-
                 tially similar" interpretive rule for gasoline and gasoline additives (56 FR
                 5352, February 11,1991) or have received a waiver under section 211 (f)(4)
                 of the Clean Air Act.
                     The basic registration  regulations have been in effect since 1970, under
                 authority of the 1967 Air Quality Act/1970 Clean Air Act. They were designed
                 to provide U.S. EPA with information on the health and welfare effects of
                 motor-vehicle emissions. In 1977 the Clean Air Act was amended to require
                 that motor-vehicle fuels and additives be "substantially similar" to the fuels
                 and additives used by the auto makers in emissions certification. This
                 requirement was to prevent the use of additives that might damage emission
                 controls, particularly the catalytic converter. The manufacturer of an additive
                 that was not "substantially similar" could obtain a waiver if it was demon-
                 strated that the additive would not cause vehicles to fail emission standards.
                     What this means is that when a waiver application is made (e.g., for an
                 ether), U.S. EPA has no choice but to grant the waiver (since, as in our
                 example, ethers  have a long history of usage in gasoline). And, because
                 these waivers are issued under regulations that govern the air program,
                 other U.S. EPA programs (e.g., water and USTs) have no legal basis on
                 which to challenge the waivers. •
                                                                                                           15

-------
LUSTLinc Bulletin 43 • March 2003
m An Overview of Oxygenates
from page 15	

MTBE."
     It seems clear to me  that sam-
pling and analysis for all of the fuel
oxygenates needs to become routine,
at least as part of an initial site assess-
ment or as a one-time event for exist-
ing LUST sites. A remediation system
that is designed to  address MTBE
may be ineffective for TEA. Remedia-
tion technologies designed  for  one
specific oxygenate may be inappro-
priate or ineffective  for other oxy-
genates. Just  as we need  to fully
investigate the extent of contamina-
tion at LUST sites, both laterally and
vertically, we need to fully  investi-
gate the range of chemicals present,
including the complete suite of oxy-
genates, or we are not being protec-
tive of human health, safety, or the
environment. •

     Pat Ellis is a hydrologist with the
     Delaware Department of Natural
  Resources and Environmental Control,
  Tank Management Branch, and served
    as a member ofEPA's Blue Ribbon
    Panel on MTBE. She is a technical
    advisor and regular contributor to
     LllSTLine and can be reached at
       Patricia.Ellis@state.de.us.
 References
 Blue Ribbon Panel. 1999. Achieving Clean Air and
   Clean Water: The Report of the Blue Ribbon Panel on
   Oxygenates  in  Gasoline.  EPA420-R-99-021,
   September 15. http-Mttnvw.epa.gov/otaij/consumer/fueIs/
   oxypaiicUr99021.pdf.
 CSS Report for Congress. MTBE in gasoline: clean air
   and drinking water issues. Congressional Research
   Service, Library of Congress. Updated May 15,2001.
   hllpJIwww.cnie.orglnlclairJl6.html. The January 7,
   2003,  update  of this  report  is available  at
   Iillp:/ttvtcw.cnic/nle!cr$reporls/03]anl98290.pdf.
 Davidson. J. 2000. Fate, transport and remediation of
   MTBE. Presented at Mealey's MTBE Conference,
   May 11-12, Marina del Rey, CA.
 Drogos, D. 2000. Fate, transport and remediation of
   MTBE. Presented at Mealey's MTBE Conference,
   May 11-12, Marina del Rey, CA.
 Faulk, R., and J. Gray. 2000. An evaluation and update
   of the emerging underground storage tank litigation.
   Presented at Mealey's MTBE Conference, May 11-12,
   Marina del Rey, CA.
 Garrctt> P, Moreau, M., and J. Lowry. 1986. MTBE as a
   ground water contaminant. In Proceedings of the
   Petroleum Hydrocarbons and Organic Chemicals in
   Ground Water: Prevention, Detection and Restoration.
   National Water Well  Association. Dublin, OH,
   pp.227-238.
 Gibbs, L. 1998. Oxygenate use in gasoline: when, what,
   and why. In: Proceedings of the Southwest Focused
   Ground Water Conference: Discussing the issue of
   MTBE and perchlorate in ground water. Supple-
   ment. National Ground Water Association (NGWA).
   June 2-3, Anaheim, CA, p.17.
 Happel, A., E. Beckenbach, and R. Halden. 1998. An
   Evaluation of MTBE Impacts to California Ground-
   water Resources. Lawrence Livermore National Lab-
   oratory. litlp'Jheww_erd.llnl.gov/mtbe/new_ mtbe.html.

 16
    RFG vs.  Oxyfuel
    T") eformulated gasoline (RFG) was initially developed and promoted
    JL vby the petroleum industry to forestall the development and use of
    alternative  (nonpetroleum) fuels. In touting the benefits of RFG, the
    industry claimed that it would serve as a replacement for leaded fuels
    and help reduce vehicle emissions in severe or extreme ozone nonattain-
    ment-areas. The final Clean Air Act Amendments of 1990 signed by
    President George H.W. Bush not only set emission performance require-
    ments for RFG, but also included a mandate for RFG to contain oxy-
    genates (http://www.epa.gov/otaq/rfgorig.htm).
        By changing the  fuel formulation, RFG reduces the formation of
    ozone precursors with its effectiveness measured relative to a 1990 fuel
    baseline of NOX toxics and volatile organic compound (VOC) emissions.
    RFG also limits the maximum benzene level and requires a minimum 2
    percent oxygen by weight (11 percent by volume MTBE, or 5.7 percent
    by volume ethanol).
             In addition to the RFG program, the CAAA of 1990 required the
    establishment of a wintertime oxyfuel program. Under this program,
    oxyfuel containing a minimum of 2.7 percent oxygen by weight must be
    used during the  winter in  areas that are not in attainment  for  the
    National Ambient Air Quality Standards for carbon monoxide The
    required oxygen content can be achieved by using approximately 15 per-
    cent MTBE  by volume, or 7.7 percent ethanol by volume. •
Hart/IRI Fuels Information Services. 2000. MTBE vs.
  other oxygenates. IPresented at Mealey's MTBE
  Conference, May 11-12, Marina del Rey, CA.
Harvey, E. 1998. Changes in the composition of gaso-
  line and blended products. In: Environmental Foren-
  sics:  Determining Liability through Applied Science.
  International Business Communications (IBC). IBC,
  Southborough, MA.
Johnson, R., J. Pankow, D. Bender, C. Price, and J.
  Zogorski. 2000. MTBE: To what extent will past
  releases contaminate  community water xupply
  wells? Environmental Science and Technology, May.
  http://pubs.acs.org/hotartcl/est/2000iresearch/0666_00moy
  _pankow.pdf
McKinnon, R., and J. Dyksen. 1984. Removing organics
  from groundwater through aeration plus GAC. Jour-
  nal American Water Works Association. May, pp 42-47.
NEIWPCC. 2000. A Survey of wtate experiences with
  MTBE contamination at LUST sites. http://www.
  epa.gov/swerustl/mtbe/mtbestat.htm
Peterson, N. 2000. Interpretative considerations for fin-
  gerprinting  gasoline.  Environmental  Litigation:
  Advanced Forensics and Legal Strategies. Department of
  Engineering Professional Development. University
  of Wisconsin at Madison. April 13-14, 2000. San
  Francisco, CA.
Robbins, G., et al. 1999. Evidence for MTBE in heating
  oil, Ground Water Monitoring and Remediation, Spring
  1999,pp.65-69.
Robbins, G.A., arid B.J. Henebry. 1999. Evidence for
  contamination of heating oil and diesel fuel with
  MTBE. LUSTLine 32,: 22-23.
Robbins, G.A. and P. Zack. 2000. Connecticut Survey
  finds MTBE-contaminated Heating oil and diesel
  fuel statewide. LUSTLine 35:24-25.
Santa  Clara Valley Water District (SCVWD). 2000. An
  evaluation of MtBE occurrence at fuel leak sites with
  operating gasoline USTs. May. ftp://www.scvwd.
  dst.ca.us/users/pdfs/USTMtBEStudyFinal.pdf.
Small, M. 2002. Personal communication.
State  of California, California Air Resources Board
  (CARB). 1998. Ah overview of the use of oxygenates
  inbasoline. September.
South Tahoe Public Utility District (STPUD). 2002. Var-
 ious legal documents pertaining to their successful
 lawsuit against Arco, et al. http://www.ewg.org/
 reports/withknowledge/pdf/:
   Plaintiffs exhibit #13; Testimony of William J. Piel
    (013_001.pdf)
   Plaintiffs exhibit #31; Testimony of Curtis Stanley,
    Equilon (
   Plaintiffs exhibit #32; Testimony of Curtis Stanley,
    Equilon (032_001.pdf)
   Deposition exhibit #16; Presentation prepared by
    Curtis Stanley, Equilon (032_004.pdf)
   Exhibit #2; Letter from T.G.Kirkpatrick, Shell, to
    Ms.  Carmen Carlson, API, June 10, 1983
     (036_002.pdfl
   Plaintiff's exhibit #56; Testimony of Mr. Anderson,
    Exxon (056_002.pdf)
   Exhibit #19; "Underground Leak Study," Exxon,
     Nov. 1973 (160_002.pdfl
   Exhibit #15; "Arco Chemical Co. Testimony to the
     Colorado Air Quality Control Commission on
     Proposed Regulation No. 13 (Oxygenate Man-
     date Program)," 1987 (Oll_002.pdf)
Suflita, J.M. and M.R. Mormile. 1993. Anaerobic
  biodegradation of known and potential gasoline
  oxygenates in the terrestrial subsurface. Environmen-
  tal Science and Technology, vol. 27, no. 5,976-978.
Uhler, A., S. Stout, R. Uhler, and K. McCarthy. 2000.
  Considerations for the accurate chemical analysis of
  MTBE and other gasoline oxygenates. Soil Sediments
  & Groundwater. MTBE Special Issue: 70-72.
U.S. Environmental Protection Agency (USEPA). 1998.
  MTBE Fact Sheet #3: Use and Distribution of MTBE
  and Ethanol, USEPA Office of Underground Storage
  Tanks. Washington, D.C. EPA/625/K-98/001. Sep-
  tember. http://wzovj.epa.gov/swerustl/mtbe/mtbefs3.pdf.
Zogorski, J.S., G.C. Delzer, D.A. Bender, PJ. Squillace,
  T.J. Lopes, A.L. Baehr, P.E. Stackelberg, J.E. Land-
  meyer, C.J. Boughton, M.S. Lico, J.F. Pankow, R.L.
  Johnson, and N.R. Thomson. 1998. MTBE: Summary
  of Findings and research by the U.S. Geological Sur-
  vey, In Proceedings of 1998 Annual Conference of
  Water Quality, Atlanta, Ga. American Water Works
  Association.

-------
                                                                              March 2003 • LUSTLine Bulletin 43
 Oxygenate Measurements in Groundwater:
 Do We  Need to  Worry About MTBE
 Acid Hydrolysis?
 by Bruce Bauman

    Is there one clearly superior proto-
    col for analyzing oxygenates in
    water  samples?  Of course not.
 Like many aspects of UST release
 prevention, detection, or corrective
 action, there is no single "best" way
 to get the analytical job done. Rather,
 decision makers must have a good
 understanding of the general princi-
 ples and site-specific variables that
 can influence the performance of the
 various approaches commonly used
 to  generate   data  characterizing
 groundwater quality.
    In this article, I'd like to throw in
 my two cents on the subject of oxy-
 genate analysis—especially  with
 regard to questions  surrounding
 methyl tertiary-butyl ether (MTBE)
 transformations to tertiary-butyl alco-
 hol (TEA) via acid hydrolysis. Several
 articles and conference presentations
 in the past year, including one in
 LUSTLine #42 (LL#42), "Analytical
 Methods for Fuel Oxygenates," dis-
 cuss approaches to sample handling
 and analysis  and how such ap-
 proaches may influence the accuracy
 of results for MTBE, TBA (for more
 about TBA, see LUSTLine #36), and
 other oxygenates in groundwater.
 You also may have seen a draft copy
 of the U.S. EPA Office  of Under-
 ground Storage Tank's widely dis-
 tributed "Environmental Fact Sheet:
 Analytical Methods for  Fuel Oxy-
 genates."
    These discussions have focused
 on the most popular protocols for
 oxygenate analysis, EPA  SW-846
 methods 5030B (purge and trap) and
 8260B  (gas  chromatograph/mass
 spectrometer  [GC-MS]).  To some-
 what oversimplify those discussions,
 questions have been raised regarding
 the ability of these protocols to pro-
 vide  accurate  measurements of
MTBE, TBA, and other oxygenates in
 groundwater.
    In particular, critics of the proto-
cols question the following: (a) the
effectiveness of purge and trap (P&T)
 techniques for extracting
 all oxygenates (especially
 alcohols jsuch  as TBA)
 from water samples, and
 (b)  the I potential  for
 transforming  MTBE to
 TBA by acid hydrolysis.
 As these issues can have profound
 implications on data quality  and
 interpretations for corrective action
 decisions at any site, they deserve the
 considerable discussion surrounding
 them.    !
       "A tremendous amount of
    oxygenate data from leaking UST
     sites have been generated over
     the past several years, yet there
      is understandable concern as to
      whether these data are valid. In
       general, these concerns are
     related to two issues: analytical
     obstacles, and ether hydrolysis
     (particularly of MTBE to TBA)."
                       LUSTLine #42
        "Analytical Methods for Fuel Oxygenates"
Points of Debate
This discussion will focus  on the
LL#42 article, as many LUSTLine
readers are familiar with it. That arti-
cle did a vfery good job of addressing
a broad variety of complex issues
associated, with chemical analysis of
oxygenates,  not just purging effi-
ciency and MTBE hydrolysis. The
authors provided a good deal of key
information about sampling and ana-
lyzing  gasoline  oxygenates   in
groundwater. They highlighted some
obvious problems with certain ana-
lytical methods and addressed the
important Steps associated with sam-
ple preservation before analysis.
   The authors also provided a "rec-
ommended  protocol"  that  "will
greatly improve the quality of the
data" by avoiding the some of the
perceived'problems  with existing
methods. VJ/hile the overall guidance
 provided in the LL#42 protocol is
 excellent, I would like to address two
 of the recommendations that deserve
 a little more discussion,  and, per-
 haps, debate:
 • To ensure good-quality TBA data,
   P&T extraction procedures used
   for oxygenates should preferably
   be heated to 80°C

 • To  prevent hydrolysis of oxy-
   genates, field preservation  of
   groundwater samples should use
   a  base (trisodium phosphate
   dodecahydrate [TSP]) instead of
  hydrochloric acid.
    Let me begin by summarizing a
 few key "take-home messages" that
 readers would have extracted from
 the LL#42 article and that will serve
 as the basis for my discussion.
 • It is important to analyze for all
  oxygenates known to be present in
  gasoline using methods that pro-
  vide accurate results.

 • Standard P&T at ambient temper-
  ature does not adequately extract
  TBA from water samples, so sam-
  ples should be heated to 80°C.

 • Existing conventional approaches
  to groundwater sample preserva-
  tion, extraction, and analysis may
  be prone to the acid hydrolysis of
  MTBE, which could lead to under-
  estimates  of concentrations  of
  MTBE and overestimates of  the
  TBA concentrations.

Do You Need to Analyze for
All  Oxygenates?
Yes, indeed. Only a  few states cur-
rently include TBA as a routine  target
               • continued on page 18

                             17

-------
 LUSTti«cB«/W/K43 • March 2003
m MTBE Acid Hydrolysis
from pnge 17	

analyte for UST sites—this despite
numerous recommendations by a
wide variety of authorities over the
last five years. (See page 21 for a list
of reviews and guidance.) Analyzing
for all alkyl ethers (e.g.,  MTBE,
TAME, DEPE, ETBE) and alcohols has
been  widely  recommended  ever
since the first comprehensive evalua-
tion of oxygenate impacts to water
quality was published in the National
Science and Technology Council's
1997 report Interagency Assessment of
Oxygenated Fuels. On an annual basis
this recommendation has been reiter-
ated by a series of other EPA reports
or pronouncements.
    So, obviously, every site should
be assessed for the potential presence
of all  oxygenates at some point,
preferably early on, as LL#42  sug-
 gests. Does this mean you have to
 analyze every site, for every  oxy-
 genate, every time using GC-MS? Of
 course not, and LL#42 makes that
 same point, indicating that there will
 be   situations    where   simple
 approaches like Method 8015 will
 work just fine.
    Certainly it makes sense to evalu-
 ate every site for all oxygenates at
 some time to make sure you know
 whaf s there. Your data needs may be
 different  for any given sampling
 event during title Hfe cycle of any site,
 and a careful decision on the appro-
 priate  analytical  method  to  use
 should made for each round of data
 collection.

 Do You Need to Heat
 Samples to 80°C to
 Effectively Extract TBA and
 Ethers from Water Samples
 During  P&T?
 LL#42 states that "if purge and trap is
 used...it  must   be modified  to
 increase  method  sensitivity.  One
 straightforward approach is to heat
  the sample to 80°C." While it is true
  that P&T techniques are most effec-
  tive  for  nonpolar chemicals  like
 BTEX, there is also good documenta-
  tion that more  polar compounds,
  such as MTBE and other ethers, can
 be  purged  successfully at either
 ambient room temperature (~25°C)
 or slightly heated (e.g., <45°C).
     EPA's oxygenates method evalu-
 -_
ation study (U.S. EPA, 2002) showed
good recoveries (>85%) of MTBE and
other ethers at ambient temperatures.
That same study did show poorer
TBA recoveries at ambient tempera-
ture and also showed slightly better
recoveries of ethers using the 80°C
heated purge. It did not evaluate
purge  recoveries at temperatures
between ambient and 80°C.
    However, P&T can be an effec-
tive TBA extraction method even at
ambient temperatures as shown by a
Lawrence Livermore National Labo-
ratory study (Halden et  al., 2001).
These same authors provided similar
information several years earlier in a
report for California EPA (Happel et
al., 1998). Their results showed that
gasoline  ether  oxygenates   (i.e.,
MTBE, TAME, ETBE, and DIPE) and
TBA could be effectively measured
using P&T/GC-MS at ambient tem-
peratures.  They observed that a
method detection limit of 35  jWg/L
could be obtained for TBA but noted
that at 40°C, and using a larger sam-
ple volume (10 ml versus 5 ml), they
were able to reach a detection limit of
4.6 ^fg/L. So  if a heated purge is
desirable,  a temperature of  45°C
should probably be high enough. It
should provide acceptable recoveries,
and minimize some of the potential
problems noted later in this article.
    In a very recent paper discussed
in more detail later in this article,
Evans and Colsman (2003) demon-
strate another example of effective
MTBE and TBA analysis using ambi-
ent temperature P&T. In that study,
three California labs using Methods
5030/8260 were able  to get  good
MTBE and TBA recoveries, as well as
accurate results at low detection lev-
els (-12 pg/L). While their results
don't mean that every lab performs
as well, they do document that those
methods are capable of delivering
satisfactory performance.
    Purging effectiveness is clearly
more important for TBA than for the
ethers, but keep in mind that if
proper calibration procedures are
performed, good  results can  be
obtained, even with lower recoveries.
The relative recovery of TBA from a
lab's calibration sample should be
 similar to that from field samples,
 and  so a  correction factor can be
 applied to determine the "correct"
 concentration. Higher recoveries (i.e.,
 75 percent and more) are certainly
  What's Purge
  and Trap?
  Think of the purge and trap tech-
  nique as a very small-scale air-
  sparging application in a closed
  system in which you are captur-
  ing the volatilized gases in a car-
  bon canister. In practice, a small
  volume of water (usually 5  ml,
  but sometimes larger volumes
  are used to improve method per-
  formance) is purged with a gas
  (usually helium) to remove the
  soluble VOCs from that sample.
  The sample may be heated (e.g.,
  in the 20° to 45°C range) to
  enhance the removal process,
  and the purging time may vary,
  although 11 minutes is very
  common. The volatilized chemi-
  cals are "trapped" on a sorbent
  column that is then heated
  slowly to facilitate the sequential
  separation of chemicals with
  varying boiling points in the gas
  chromatograph (GC). The con-
  stituents are then  identified in
  the mass spectrometer (MS).
desirable, but may not always be nec-
essary to  document good method
performance if recoveries are consis-
tent among all samples.
   Finally, there is some anecdotal
evidence from lab technicians that
when using an 80°C P&T extraction,
complicating issues with water man-
agement may result in worse recov-
ery of TBA than would be the case at
45°C or lower. The potential problem
here is that at this high temperature,
some water may  also be evaporated,
ending up in the instrument's water
trap. Some TBA may be in that water
and  not find its way into the GC,
leading to poor recovery. So perhaps
45°C is a good compromise tempera-
ture when TBA is a target analyte.

Is Hydrolysis of MTBE to TBA
a Concern under Normal
Conditions?
The  rate of  hydrolysis of MTBE to
TBA is affected primarily by pH,
temperature,  concentration,  and
time. The impact of pH and tempera-
ture on the rate of MTBE hydrolysis

-------
                                                                                    March 2003 • LUSTLine Bulletin 43
       "Under normal environmental
     conditions ethers do not undergo
       hydrolysis at significant rates
     without enzyme catalysis; even in
       acidified (pH < 2) groundwater
       samples, ethers are generally
       stable (Church, etal., 1999)."
      "Therefore, if water samples are
       preserved with acid, there is an
       understandable concern as to
       whether or not any of these data
        are valid. ... If [acidified]
         groundwater samples are
      refrigerated before analysis and
        all the sample preparative
        methods are carried out at
         ambient temperature (as
         opposed to an elevated
       temperature of80°C), there is
    minimal opportunity for hydrolysis
        of the ether oxygenates."
                         LUSTLine #42
         "Analytical Metods for Fuel Oxygenates "

 has been well documented (O'Reilly
 et al., 2001). At very low pH (e.g.,
 below 1.5) and at high temperatures
 (e.g., 80°C) hydrolysis rates will be
 relatively fast, but those conditions
 are unusual except perhaps during
 the heated P&T or heated headspace
 extractions.
    As shown  in LL#42,  at 4°C,
 MTBE hydrolysis is negligible under
 almost any condition. Even at ambi-
 ent temperature there is insignificant
 hydrolysis over the standard holding
 times of VOC samples (14 days) if the
 sample pH is 2. (Of course, samples
 should never be stored this way!)
    For example, in a recent paper by
 Douthit et al. (2002), the calculated
 pseudo-first-order-rate constant for
 MTBE hydrolysis for a solution con-
 taining 900,000 ppb of MTBE at 26°C
 and pH 2 is 0.0022 per day—that is,
 0.2 percent of the MTBE will be trans-
 formed  into  TEA  each  day. At
 100,000 jWg/L MTBE  and the same
 temperature and pH, the calculated
 rate constant  is 50 percent slower
 (0.0011/day).   That  same  study
 showed no measurable hydrolysis of
 MTBE to TEA above detection limits
 as low as 5  ^fg/L in samples stored at
4°C for 7 to 31 days and analyzed by
P&T/GC-MS.  Unpreserved control
samples were also analyzed. No TEA
was detected at 5 to 20 ppb.
    The | authors  state  that  their
results show that "acid hydrolysis of
MTBE, in properly handled ground-
water samples, does not compromise
the integrity of dissolved MTBE and
TEA analyses." This is very good evi-
dence that hydrolysis should not be a
                    MTBE at pH 1.5 at temperatures
                    ranging from 20 to 80°C. Inspecting
                    Figure 1 at the typical purge time of
                    11 minutes, reportable TEA (> 5
                    jHg/L) can occur at temperatures
                    above 65°C. In practice, samples with
                    concentrations  above 500 to  1,000
  Figure 1
     30
theoretical TBA Production from a 500 ugjl
i   '    SolutibnofMTBEatpH1.5
                           Heating Time (imin)
                         12

                      »S 10
                      CO
                      to  8
                      CJ
                      CD
                      •§—»
                      CO
     w   .
    •i   4-
                   Figure 2
 problem'  when
 samples are han-
 dled  and  ana-
 lyzed according
 to    commonly
 used   standard
 protocolsj
    Usin^;   the
 method outlined
 in O'Reilly et al.,
 it is useful to cal-
 culate some pos-
 sible  effects  of
 hydrolysis under
 a variety of typi-
 cal    analytical
 conditions.
 Using anj upper
 range of j heated purge conditions
 (45°C), a sample containing 1,000
 jWg/L  of | MTBE theoretically will
 yield 0.7,4g/L of TBA at pH 1. Under
 the same conditions, a sample con-
 taining 10,000 pg/L MTBE will yield
 7 ^g/L of TEA, and a sample contain-
 ing 100 ;*g/L of MTBE will yield 0.1
 jig/L of TBA. So even when  pH is
 extreme, if moderate heating is used,
hydrolysis should be insignificant.
    To illustrate this point more rig-
orously, Figure 1 shows the calcu-
lated  amount  of  TBA  that can
theoretically result from the hydroly-
sis of a sample containing 500
               Changes in Hydrolysis Rate
               Constant with Temperature
                                  20      40      60     80
                                  Temperature, degrees C
                                             100
                                          are diluted prior to analysis.
                                    This practice both dilutes the acid,
                                    raising the pH, and reduces  the
                                    MTBE concentration to a point where
                                    any resulting TBA concentration is
                                    below reporting limits.
                                       To see that temperature effects
                                    are of greatest concern above 40°C,
                                    look at Figure  2. As temperature
                                    increases,  the   rate  constant  for
                                    hydrolysis increases  by nearly an
                                    order of magnitude between 45°C
                                    and 80°C. Keeping purge tempera-
                                    tures below this range should greatly
                                    reduce potential rates of hydrolysis.

                                                    • continued on page 20

                                                                   19

-------
LUSTLineBulletin43 • March2003
m MTBE Acid Hydrolysis
from page 19	
A Multi-Lab Performance
Study Validation of Methods
5030/8260
As mentioned earlier, the recent arti-
cle by Evans and Colsman (2003) pro-
vides an excellent summary  of a
study that addresses many of the
issues raised about the data quality
provided by  P&T/GC-MS analysis.
The authors note that the U.S. EPA
Office of Solid Waste  is  a strong
advocate of performance-based ana-
lytical  methodology,  which  is  a
requirement  for several RCRA pro-
grams. Briefly defined, "the perfor-
mance-based approach requires that
methods be selected and approved
based upon their ability to meet the
data quality goals of a given project
in the actual  matrix to be sampled."
(Readers looking for more informa-
tion this topic are referred to EPA's
site at: http://www.epa.gov/epaoswer/
hazwaste/test/pbms.htm.
    The authors compared the per-
formance of three different California
commercial labs for MTBE and TEA
that use routine P&T/GC-MS analy-
sis. They wanted to make sure that
the data they were collecting for their
site (the world-famous Port Huen-
eme) would be adequate to quantify
MTBE at 5 jig/L and TEA at 12 pg/L
(2-propanol  and acetone were two
other target analytes).
    The authors do not indicate that
 they had concerns regarding possible
hydrolysis of MTBE to TEA, but they
 do note that some critics question the
purging efficiency of these methods
 for nonpolar compounds like MTBE
 and especially TBA.
     They submitted a variety of Port
 Hueneme groundwater samples to
 the three labs (concentrations ranged
 from 1 ^g/L to about 3,000 pg/L in
 the samples submitted to each lab)
 and asked them to run their standard
 method. Two labs used EPA 5030 /
 8260 and one used EPA 5242, a simi-
 lar P&T/GC-MS method.  All three
 labs used a purge cycle of 11 minutes.
 Two labs purged at ambient tempera-
 ture, and the other used 40°C. A vari-
 ety of quality assurance and quality
 control  procedures   were   also
 employed to confirm method perfor-
 mance.
 20
    To very briefly summarize their
results, using the standards of U.S.
EPA's performance evaluation proto-
col criteria, all three labs performed
within acceptable limits of accuracy
and precision for all four compounds
for the entire range of concentrations
studies (i.e., 1 to 3,000 Kg/L)- MTBE
and TBA recoveries were almost
always within the acceptable range
(i.e., between 75 and 125  percent
recovery). In all cases, the desired
low ppb  detection  limits  were
reached.
    The authors conclude that the
results reflect a successful demon-
stration  of method  applicability
(P&T/GC-MS)  for the compounds
studied. This single study of three
labs does not, of course, mean that
each and every one of the almost
1,000 environmental labs nationwide
routinely performs as well. However,
the authors  conclude,  "The re-
sults... appear  to be a  successful
demonstration.. .that.. .purge-and-trap
GC-MS is an acceptable technology
for the analysis of MTBE and its oxy-
genated breakdown products."
    There is a lot of other good infor-
mation and discussion in that  well-
written  article,  and   I  strongly
encourage you to take a closer look
for yourself. It provides  a good tem-
plate for the kind of information you
should be able to obtain from your
laboratory regarding the  quality of its
analytical performance.

With Good Data and
Attention to Protocol...
We know a lot more today than we
 did a few years back about the proper
 approaches for oxygenate analysis.
We also know a lot about MTBE acid
hydrolysis and its potential effects on
 groundwater analysis, but that's not
 to say we know it all. I  suspect that
 this topic will continue to be of high
 interest and that we will learn a lot
 more in the coming year.
     The studies cited in this article
 and in LL#42 collectively provide a
 lot of interesting information, but
 more information will be required to
 conclusively document the perfor-
 mance of the analytical methods cur-
 rently in common use. To be sure,
 following the recommended protocol
 provided in LL#42 would help you
 become more aware of the quality of
 the data  for the sites you manage,
and any potential limitations to that
data. That information should serve
you well, and your corrective action
decision-making should improve.
   However, at most sites you prob-
ably do not need to use a heated P&T
extraction to generate good data for
MTBE and TBA. If heating is shown
to improve method performance,
then temperatures of 40° to 45°C are
likely to be sufficient, and at these
temperatures,  MTBE   hydrolysis
should not compromise data quality.
Purge-and-trap extraction of water
samples at ambient or slightly ele-
vated temperatures (combined with
good calibration procedures) should
adequately recover any TBA present
in samples.
   Furthermore,  it  is probably
unnecessary in most situations to use
TSP   as your  field  preservative,
instead  of acid. While both low acid-
ity (pH) and high temperature are
known to enhance the rates of MTBE
hydrolysis, an evaluation of these fac-
tors  and a review of the standard
analytical procedures employed at
many commercial laboratories indi-
cate that it is unlikely that significant
MTBE hydrolysis occurs. For condi-
tions used at most UST release sites—
using standard acid preservation of
samples, followed by P&T/GC-MS
extraction and analysis—hydrolysis
of MTBE to TBA will be very limited
and will not significantly influence
data quality. Hydrolysis of MTBE to
TBA should not be a concern during
storage and analysis  of acid-pre-
served samples.
    Data users should have a good
understanding of the basic perfor-
mance of the sampling and analytical
procedures they use to generate oxy-
 genate  data. If they have concerns
 about data quality for ongoing evalu-
 ations  of corrective action at UST
 sites where gasoline oxygenates are
 present in groundwater, they should
 review  the protocols in use, the list of
 target oxygenate analytes, and their
 performance criteria (e.g., recoveries
 and detection limits) to  determine if
 any changes might improve perfor-
 mance. I would also recommend that
 you talk about these issues with some
 of the commercial labs in your area to
 determine what they think are the
 best approaches to maintaining or
 improving data quality. •

-------
                                                                                          March 2003 •  LUSTLine Bulletin 43
  Bruce Bauman is the Soil and Ground-
   water Research Program Coordinator
   at the American Petroleum Institute.
   He has been involved with UST and
  groundwater issues at API since 1985,
     and is an occasional LUSTLine
              contributor.
    [Note from Bruce: Everything I've
  needed to know about oxygenate analy-
   sis I've learned from: Ileana Rhodes
   (Shell Global Solutions); Mike Miller
    (ExxonMobil); and Kirk O'Reilly,
     Michael Moir, and Al Verstuyft
   (ChevronTexaco). Their substantial
   contributions to this article are most
  gratefully acknowledged. I assume sole
     responsibility for any errors and
            misstatements.]
 References:
 Douthit, T. L. et al. 2002. The importance of acid
  hydrolysis of MTBE to TBA in properly handled
  groundwater  samples. API-NGWA Petroleum
  Hydrocarbons in Groundwater conference pro-
  ceedings.
 Evans, J.D. and MR. Colsman. 2003. A GC-MS purge-
  and-trap method  comparison study for MTBE
  analysis in groundwater. LCGC Magazine Online.
  Feb 1 2003 http://www.lcgcmag.com/ Icgc/data/article-
  standard/lcgc/052003/45064/artide.pdf.
 Halden, R. U., A. M. Happel, and S. R. Schoen. 2001.
  Evaluation of standard methods for the analysis of
  Methyl tert-Butyl Ether and related oxygenates in
  gasoline-dontaminated groundwater. Environmen-
  tal Science & Technology 35 (7): 1469-1474. (Addi-
  tions and Corrections, 35 (7): 1560)
 Happel, A.M., E.H. Beckenbach, and R.U. Halden.
  1998. Evaluation of EPA and ASTM methods for
  analysis of oxygenates in gasoline-contaminated
  groundwater. Chapter 2in.An evaluation of MTBE
  impacts to California groundwater resources, Lawrence
  Livermore National Laboratory UCRL-AR-130897.
  June 11,1998.68 p. http://www-erd.Unl.gov/mtbe/new-
  mtbe.html.
 National Science and Technology Council. 1997. Inter-
  agency Assessment of Oxygenated Fuels Online at:
  http://wvno.epa.gov/ncea/oxygenates/Ji4lasmnt.htm.
 O'Reilly, K.M., et.al. 2001 "Hydrolysis of tert-Butyl
  Methyl Ether (MTBE) in Dilute Aqueous Solu-
  tions." ES&T 35:3954.
 Rhodes, I.A.L. and A.W. Verstuyft 2001 "Selecting
  Analytical Methods for the Determination of Oxy-
  genates in Environmental Samples and Gasolines"
  ET&Avol.lO:24.
 U.S. EPA. 2000. Data quality objectives process for
  hazardous waste site investigations. EPA/600/
  R-00/007. http://www.epa.gov/rlOearth/offices/oea/
  epaqag4h.pdf.
 U.S. EPA. 2002.  Development and evaluation of
  methods for the analysis of MTBE. EPA contract
  No. 68-WO-0122 WA No. 0-08.
 U.S. EPA. SW-846 Method 5030B: Purge-and-Trap for
  Aqueous Samples, http://www.epa.gov/epaoswer/
  hazwasteltestlpdfsl5030b.pdf.
U.S. EPA. SW-846 Method 8260B: Volatile Organic
  Compounds by Gas Chromatography/Mass Spec-
  trometry (GC/MS). http://www.epa.goV/epaoswer/h
  azwasteltestlpdfil8260b.pdf.
White, H. et al. 2002 "Analytical Methods for Fuel
  Oxygenates." LUSTLine Bulletin 42. Posted on the
  OUST  website at:  http://www.epa.gov/oust/mtbe/
  LL42Analytical.pdf.
 Analyze for All Oxygenates, Got It?
      As shown by the following  quotes from authoritative oxygenate
      reviews and guidance during the last six years, there is no excuse for
 not knowing what other oxygenates besides MTBE may be present at
 your UST sites.

 • 1997 National Science and Technology Council report, Interagency
    Assessment of Oxygenated Fuels:
    "Add the alkyl ether oxygenates MTBE, ETBE, TAME, and DIPE to
    existing VOC analytical schedules and as U.S. EPA routine target ana-
    lytes for drinking water, wastewater, surface water, groundwater, and
    remediation studies." This report noted that at that time, there were no
    validated methods for TBA analysis in groundwater, and so it did not
    recommend TBA analysis.

 • 1998 EPA Office of Research & Development report Oxygenates in
    Water:  Critical  Information  and  Research  Needs (EPA/600/R-
    98/048): Section 5.2 (p. 18):
    "Oxygenates should be added  to existing VOC analyte schedules and
    included as routine target analytes for VOCs in drinking water, waste
    water, surface water, groundwater, and remediation sites.... Given the
    existence of TBA as a primary  oxygenate, as a contaminant of MTBE,
    and as a degradation product of MTBE, the inclusion of TBA in ambi-
    ent groundwater quality monitoring programs is advisable.  It also
    would be useful to monitor for  TBA at specific sites where MTBE cont-
    amination is known or  suspected to have occurred."

 • August 1999 EPA Blue Ribbon  Panel Report Recommendations:
    "Establish routine systems to collect and publish, at least annually,  all
   available monitoring data on: use of MTBE, other ethers, and Ethanol;
   levels of MTBE,  Ethanol,  and petroleum hydrocarbons found  in
   ground; surface, and drinking water; trends in detections and levels of
   MTBE, Ethanol, and petroleum hydrocarbons in ground and drinking
   water. Identify and begin to collect additional data necessary to ade-
   quately assist the current and potential future state of contamination."

 B EPA OUST letter, January 2000, "Monitoring and Reporting of MTBE
   and Other Oxygenates  at UST Release Sites":
   "While MTBE has received  most of the publicity recently, it is by no
   means the only chemical of concern for which you should be monitor-
   ing and reporting. For example, the oxygenate TBA is both a degrada-
   tion product of MTBE  and a fuel additive in its own right; it is also
   potentially more toxic than MTBE. You should also carefully consider
   assessing for other oxygenates (that include, but are not limited to,
   TAME, DIPE, ETBE, ethanol, and methanol)."

H Halden et al.: 2001, "Evaluation of Standard  Methods for the Analy-
   sis of Methyl tert-Butyl Ether and Related Oxygenates in Gasoline-
   Contaminated Groundwater":
   "The results of this study indicate that project managers of LUST sites
   and chemists working with gasoline-containing groundwater samples
   may turn to EPA Method 8260B and ASTM Method D4815 in their
   search for a robust, accurate, precise, and widely applicable monitor-
   ing tool for ether oxygenate and TBA analysis."

• NEIWPCC 2001: "A Survey of State Experiences with MTBE Contam-
   ination at LUST Sites":
   "States were asked if they analyze for any of the following oxygenates:
   ethanol, TBA, TAME, ETBE, DIPE, or any others. The overwhelming
   majority of states indicated  that they never analyze for any of these
   substances."
                                                                                                                 21

-------
Ll/STLi»«>BH//eli«43 • March 2003
The  Other Fuel  Oxygenates
A Summary  of the ASTSWMO  Fuel Oxygenate
Symposium
by JeffKtthn and Bob Haslam


T A  ~Fmi tjte toPic tffad oxygenates comes up,
 \/\ I most people probably think of methyl ter-
 F  V tiary-fcufyZ ether (MTBE). MTBE has
played so prominently in the news the past few years
 that most people probably use "MTBE" and "oxy-
genate" interchangeably. But those of us who are
 more involved rvitii fuels, fuel storage, and fuel cont-
 amination know that MTBE is but one of several
 oxygenates that are commonly used in fuel. Other
 oxygenates include tertiary-amyZ methyl ether
 (TAME), ethyl tertiary-fcwfyZ ether (ETBE), di-iso-
 propyl ether (DIPE), tertiary-amyZ ethyl ether (TAEE),
 *  *.    -  .  -  .  .  * *»•« *>.-.        t  i t 1 srn ,
 tertiary-&Hfi/Z alcohol (TBA), tertiary-amyZ alcohol (TAA),
 ethanol, and methanol.
    Despite our best efforts at keeping fuel in fuel storage tanks where it belongs, fuel components
 (including MTBE and other oxygenates) frequently escape the confines of tank systems and find their
 way into the environment. MTBE has also been found in many types of fuels, such as home heating oil,
 in which its presence ivas never intended. Because of the nature of the nation's fuel production and dis-
 tribution system, it is likely that other oxygenates are also present in fuels other than gasoline. It is
 becoming increasingly evident that MTBE as well as other oxygenates are quite often discovered in fuel
 releases, if one dares to look for them; all that's needed is the appropriate analytical method.
    Over the years, we've become relatively familiar (and hence comfortable) with the behavior, cleanup
 approaclies, and toxic properties of the hydrocarbon constituents in fuel, and we're now getting some-
 what familiar with MTBE. But what about the other oxygenates? What do we know about them? Are
 these oxygenates going to be as widespread and difficult to address as MTBE?
    TJiese questions (and undoubtedly many others) prompted the Association of State and Territorial
 Solid Waste Management Officials (ASTSWMO) to hold a one-and-a-half-day symposium on fuel oxy-
 genates other than MTBE. The symposium, entitled: "State Symposium on Fuel Oxygenates: Analysis, Assessment, and Remedia-
 tion" was held October 22 and 23,2002, in Arlington, Virginia. Representatives from 25 states, two territories, and the District of
 Columbia were represented, as well as six U.S. EPA regional offices and U.S. EPA's Office of Underground Storage Tanks (OUST),
 Office of Research and Development (ORD), Office of Solid Waste (OSW), and Technology Innovation Office. Also represented were
 the U.S. Geological Survey (USGS), the American Petroleum Institute, two consulting firms, and NEIWPCC. This article briefly
 summarizes the main issues identified by participants of the symposium.	
 Symposium Highlights
 The symposium offered all partici-
 pants the opportunity to provide their
 perspectives on the issue of fuel oxy-
 genates as contaminants in soil and
 groundwater. The first day of the
 event featured presentations on a vari-
 ety of issues, including physical and
 chemical properties of oxygenates and
 methods for detecting them in soil and
 groundwater,  occurrence of  oxy-
 genates in fuel and at LUST sites, site
 characterization, remediation, regula-
 tory trends, and industry perspec-
 tives. The second day was devoted
 largely to breakout sessions for small-
 group discussions of state experiences
 with oxygenate occurrence, remedia-
 tion strategies, the effect of ethanol on

 22
hydrocarbon plumes, and the effect of
state and/or federal regulatory levels
for various oxygenates. The outcome
of all of this information exchange is
summarized as follows:

• TBA is an emerging problem and
is anticipated to be a large problem.
Little is known  about the health
effects of TBA and whether current
treatment/remediation technologies
can  adequately address  soil and
groundwater contamination. Also,
common analytical practice is yield-
ing inaccurate data on the occurrence
and  magnitude of TBA in environ-
mental samples.  This complicates
decision making  on treatment and
remediation and can lead to unneces-
sary expenditure of scarce resources.
• States generally feel that there is
a need for  U.S.  EPA and others,
such  as USGS,  to  be  proactive
(rather than reactive) in regard to
the other oxygenates in fuel. States
expressed a desire to be notified of
changes in fuel composition so that
they can adjust their site assessments
to look for any new fuel additives. A
key component of this issue is the
need for a comprehensive, multime-
dia life-cycle analysis of the various
oxygenates being considered  as  a
replacement for MTBE.  States are
concerned about what  other com-
pounds may be added to fuel that can
end up in the groundwater and are
fearful of another 60 Minutes-style
debacle, this time regarding (most
immediately) TBA.

-------
                                                                                  March 2003 • LUSTLine Bulletin 43
  • There is uncertainty and some
  anxiety in the states regarding ana-
  lytical methods for fuel oxygenates.
  While the recent U.S. EPA study on
  analytical  methods  and   sample
  preservation answered some ques-
  tions  regarding  these  issues (see
  "Analytical Methods for Fuel Oxy-
  genates," LUSTLine Bulletin #42),
  states expressed a strong desire for
  U.S. EPA to release formal guidance
  on these and other issues.

  • A major issue states face with
  regard to oxygenates, including
  MTBE, is the lack of federal drinking
  water standards for these contami-
  nants. While some states are testing
  for a broad range of oxygenates, oth-
  ers are only looking for MTBE. Sev-
  eral states that have started to focus
  their attention on TEA are concerned
  about the frequency of discovery of
  the compound in drinking  water.
  Many are frustrated by the absence of
  any federal mandate to consider the
 impacts of oxygenates  other than
 MTBE.

 • Recent product analysis studies
 performed in nine states show that
 the presence of other oxygenates is
 widespread—oxygenates were de-
 tected in virtually all the gasoline
 sampled. These data  suggest that if
 MTBE is  present in gasoline, then
 other oxygenates will also be present.

 • States need training and guidance
 on how to put together planning
 documents to  generate useable
 data  for site characterization and
 remediation options (e.g., site-spe-
 cific  sampling and analysis plans
 [SAPs]). This need for guidance also
 extends to the issue of whether sites
 should be resampled for TEA (and in
 some states for MTBE where resam-
 pling  has not  yet  been initiated).
 Some  states suggested  that OUST
 develop guidance with specific crite-
 ria for resampling sites contaminated
 with MTBE and / or TEA.

 • Nationally, there is an increasing
 concern over vapor migration and
 indoor air issues.

 • To date, there  have  been no
 advances   in  release  detection,
 specifically in the lowering of the
 leak detection threshold. This neces-
 sitates greater reliance on contain-
ment and cleanup strategies, which
are much snore expensive than pre-
  vention. States suggested that gas sta-
  tions could be better designed to pre-
  vent releases of oxygenates into the
  environment.
         j
  • States'would like to have U.S. EPA
  better coordinate the development
  of  strategies to  more effectively
  deal with oxygenate issues  as a
  whole.  This coordination should be
  in the fojrm of both intra- and inter-
  agency Workgroups that hold regular
  meetings, and report findings.

  The Three Most Significant
  Issues !
         I
  ASTSWtvjO representatives compiled
  and evaluated the issues raised dur-
  ing  the l_ symposium  and  selected
  three thajt were of such significance
  that they were detailed in a letter to
  OUST Director Cliff Rothenstein
  requesting "further discussion and
  support ifrom  OUST."  The  three
 issues identified and discussed in the
 letter are as follows:

  • States ^eed to look for  TBA and
 the other common  fuel oxygenates.
 Sampling  for TBA and  other oxy-
 genates  should be completed rou-
 tinely as:  part  of  an initial  scan.
 ASTSWMO urged OUST to provide
 guidance !on TBA and the other oxy-
 genates  so that states can have a
 better understanding of these com-
 pounds (e.g., toxicology, appropriate
 remediation alternatives) when they
 find them in groundwater and drink-
 ing  water. Some remediation tech-
 nologies that are effective for MTBE
 may be inappropriate, ineffective, or
 may exacerbate contamination from
 some of the other oxygenates.
    ASTSJWMO  suggested  that  an
 OUST memo issued by Sammy Ng in
 2000 (http;://www.epa.gov/swerustl/
 mtbe/janlSOO.pdf), which  recom-
 mended ttiat states test LUST sites for
 MTBE ancl the other oxygenates, be
 updated  to more strongly emphasize
 the concern for TBA and the impor-
 tance of using appropriate sampling
 methodologies during sample preser-
 vation and analysis.

 • Finalize and release the "Analyti-
 cal Methods for Fuel Oxygenates"
 fact sheet, prepared by  OUST, OSW,
 and ORD. iThis is timely and critical
 information. In fact, some states are
 already using the  draft fact sheet
methodologies. This work comple-
ments the efforts of many researchers
  and the recommendations of the EPA
  Blue Ribbon Panel on MTBE—efforts
  that occurred in response to the dis-
  covery of a national MTBE problem.
  States need this guidance to help ver-
  ify that they are using the  most
  appropriate analytical methodologies
  to detect groundwater impacts from
  the  various  oxygenates. As  many
  states are already finding these com-
  pounds in groundwater and drinking
  water, the research  under  way  by
  OUST will provide a welcome level
  of assurance that state analytical
  approaches are either valid or in need
  of change.
     The  issue of testing for  oxy-
  genates other than MTBE was previ-
  ously  highlighted  in  technical
  presentations made at  the last two
  National UST/LUST Conferences,
  presentations made in ASTSWMO
  MTBE and Fuel Oxygenates Work-
  group  meetings, and  discussions
 between federal and state managers.
 While state concerns about testing for
 the list of common oxygenates are
 not new, the level of knowledge
 regarding these contaminants has
 greatly advanced. TBA is now recog-
 nized as a significant contaminant of
 concern by a number of states. There-
 fore, knowledge of analytical meth-
 ods that have the potential to provide
 a more accurate  analysis is more
 important than ever.

 • Form an interagency  work group
 consisting  of USGS  and the  U.S.
 EPA  Offices  of  Solid  Waste  and
 Emergency  Response, Research
 and Development, Air  and  Radia-
 tion, and  Ground Water and Drink-
 ing Water that meets quarterly to
 discuss fuel oxygenates and addi-
 tives that  have the potential to
 impact groundwater  and drinking
 water. This work group would also
 address life cycle considerations for
 these compounds.

   Symposium participants  agreed
 that a federal interagency workgroup
 would be an important component of
 future discussions on fuel oxygenates
 and additives.  Interagency coordina-
 tion  and  communication between
 U.S. EPA, USGS, the Departments of
 Agriculture and Energy, industry,
 and water suppliers was also  put
forth in the final recommendations of
the Blue  Ribbon Panel on  MTBE
               D continued on page 24

                              23

-------
LUSTLine Bulletin 43 • March 2003
m Symposium Summary from page 23
(final recommendations dated July
27,1999).
    ASTSWMO envisions that the
focus of this new work group would
be to enhance interagency communi-
cation to prevent future incidents
similar to that caused by the unantici-
pated impacts of the federal Refor-
mulated Gasoline (RFC) program.
With this in mind, the Blue Ribbon
Panel had called for a multimedia life
cycle analysis of any proposed fuel
additives. In light of the anticipated
increase in the use of ethanol nation-
wide, ASTSWMO recommends that
life cycle analyses be completed on
new formulations of gasoline.

Future Outlook
The  ASTWMO Fuel Oxygenates
Symposium underscored the contin-
ued high level of state concern over
the long-term implications of moni-
toring for, and detecting, fuel oxy-
genates in groundwater and drinking
water. Oxygenates dearly should not
be ignored; but time and  resource
 constraints  will influence what is
 realistically achievable within a rea-
 sonable period of time. For example,
 the promulgation of federal drinking
 water standards is a lengthy process
 that could  conceivably  span more
 than a decade. And there are other
 factors that may come into play over
 which neither U.S. EPA nor  state
agencies have any control. In particu-
lar, any of the various bills relating to
fuels and energy that are floating in
Congress could affect federal and
state UST/LUST programs in ways
that we cannot now anticipate.
   If you've ever hiked on a talus
slope in the western U.S., you know
the "two steps forward,  one step
back" feeling that many of us have
experienced in the battle to keep oxy-
genates out of the environment. The
good news is that we're now above
the timberline—prior to MTBE, we
couldn't see the forest for the trees. •


 JeffKuhn is a hydrogeologist and man-
  ages the Petroleum Release Section for
  the Montana Department of Environ-
  mental Quality. He can be reached at
   jkuhn@state.mt.us. Jeff chairs the
   ASTSWMO MTBE and Fuel Oxy-
   genate Workgroup. The workgroup
   includes representatives from state
  LUST Programs, U.S. EPA, American
  Petroleum Institute, U.S. Geological
    Survey, Association of California
   Water Agencies, Academic Network
  for Contaminated Lands Research in
   Europe (ANCORE), Montana State
   University Center for Biofilm Engi-
  neering, and several private consulting
   firms. The workgroup is open to all
          interested parties.
   Bob Haslam is a hydrologist with the
  Vermont Department of Environmen-
     tal Conservation, Underground
         Storage Tank Program.
         UST Bill S.195 Set for Action in Senate
       Senate Bill S.195, which is nearly identical to last year's S.1850, sponsored
       by Senators Chafee, Inhofe, Carper, Warner, and Jeffords, was adopted by
    the Environment and Public Works Committee in February and is ready for
    action in front of the full chamber. (The full Senate never voted on S.1850.)
    Under S.195, states would be required to ensure that UST facilities are
    inspected every two years and that they implement a strategy for training UST
    operators. It provides states with the authority to prohibit gasoline deliveries
    to noncompliant tanks.
         The bill also requires that EPA distribute to the states at least 80 percent
    of the corrective action funds appropriated each year from the Leaking Under-
    ground Storage Tank Trust Fund. Substantial funding is authorized for MTBE
    cleanup, enforcement, inspection, and corrective action. While much of the
    intent of the bill has the support of state UST regulators, program managers
    caution that the added workload associated with certain requirements in the
    bill could only be accomplished with additional federal resources. The House is
    expected to introduce a similar bill soon. •
Northeast States
Powwow on
Compliance with
Marketers

   On January 22, EPA Region 1
   and New England Interstate
Water Pollution Control Com-
mission (NEIWPCC) hosted a
meeting with UST program man-
agers from the New England
states and New York and repre-
sentatives from six major petro-
leum marketers in the region.
Discussion focused on the pos-
sibility of building partnerships
to improve compliance with tank
regulations.
     Petroleum marketing
trends of greater consolidation,
centralized data collection, use
of outside contracted mainte-
nance services, and electroni-
cally monitored systems have
fostered low significant opera-
tional compliance rates and a
move away from on-site facility
management. UST inspectors
are frustrated by the lack of
required  on-site documentation;
disconnects between corporate
 headquarters, contract service
 personnel, and facility operators;
the lack of on-site system
 knowledge; and confusion about
 compliance responsibility.
      At the meeting, regulators
 asked industry representatives
 how they could  work together to
 improve compliance. Regulators
 offered to provide inspection
 forms to the companies to let
 them know what they are look-
 ing for in the field, to let corpo-
 rate headquarters know about
 problems inspectors are finding,
 and to work together to find
 solutions. The corporate partici-
 pants were interested in doing
 this and in continuing the dia-
 logue. NEIWPCC has mailed out
 state inspection checklists and
 plans to hold another meeting
 this spring. •
  24

-------
                                                                                  March 2003 • LUSTLim Bulletin 43
 Pay for Performance: California's Cleanup Goal Metric

 When RBCA  is not HBCA
 by Robert S. Cohen, David Charter, George Cook, and Kevin Graves
       California's Pay for Performance
       (PFP)1 implementation process
       yielded a substantial tool for state
 trust funds, in general. In California, as
 in many states, the regulators have a
 strict standard of cleanup for site reme-
 diation. This standard  is not always
 obtainable, yet much effort and money
 can be spent in the chase. The U.S. EPA
 and the California Underground Storage
 Tank Cleanup Fund (The Fund) worked
 together to find a way to satisfy the regu-
 lators' environmental agenda and simul-
 taneously achieve fiscal control. The
 solution was found  in implementing a
 Preliminary  Active Remediation Goal
 as a means for concluding PFP  con-
 tracts—a cleanup  target goal that is
 something short of full closure. The
 PARC tool combines elements of RBCA
 with PFP—bringing peace and satisfac-
 tion to regulators and trust fund admin-
 istrators alike.

 The Problem
 Cleanup authority in California lies
 with nine Regional Water Quality
 Control Boards and 20 local agencies
 that are under contract to the state.
 Each regional board determines the
 cleanup standards required for clo-
 sure of UST sites in its jurisdiction,
 based on the present and future bene-
 ficial use of groundwater in the area.
 Standards vary from board to board
 and tend to be very  protective of
 groundwater quality.
   Meanwhile, back in Sacramento,
 The Fund pays the bills for petroleum
 cleanups—up to $1.5 million per inci-
 dent. The Fund pays reimbursement
 claims, some of which are preap-
proved. It is well financed with an
 annual income of over $150 million
 and has paid over  one $1 billion in

 1. Pay for Performance is a contractual
 mechanism by which  the cleanup con-
 sultant is paid upon achieving agreed-
 upon environmental milestones. The
 cleanups are typically faster and cheaper
 than the ordinary time and materials
 approach. More information is available
 at the EPA Web site: http://www.epa.
gov/swerustl/ pfp/index.htm.
 claims.  Nevertheless,  the  lack of
 progress pn many sites is straining its
 resources.
     Remedial projects tend to drag
 on for various reasons, with many
 cleanups jtaking in excess of 10 years
 to complete. Some regional boards
 have  stringent cleanup  standards
 that are  not practically obtainable at
 some  sites.  Nevertheless,   many
 cleanups; continue until The Fund
 limit is approached, even at sites that
 do not warrant a high level of effort.
     Without firm and reachable tar-
 gets,  consultants cannot  be held
 responsible for  their  engineering
 efforts, and many remediation sys-
 tems are riot optimized. In a nutshell,
 the regional boards are reluctant to
 reduce standards, The  Fund is not
 agreeable  to  paying  for endless
 cleanups,; the  consultants are not
 accountable, and the owner has a
 contaminated site!
    An associated problem is that
 property owners and their consultants
 often don't want to begin remediation
 on a site where there are not clearly
 defined  and achievable goals. As a
 result, the! investigation and monitor-
 (PARG), a remediation goal that the
 consultant,  owner, and regulator
 agree is obtainable by active remedia-
 tion. It is not necessarily the regula-
 tory cleanup goal, or MCL, though it
 could be. (See Table 1.) The PARC is
 simply the concluding goal of the
 PFP agreement. Upon reaching and
 maintaining the  PARC, the  PFP
 agreement is concluded and one of
 three events may occur:
 • The site is issued closure (no fur-
   ther action)

 • Natural attenuation monitoring
   begins

 • The  site continues with active
   remediation, and a new PARC is
   negotiated                ,

     PFP is impossible without realis-
 tic goals. With a defined and obtain-
 able interim  goal,  a  remediation
 system can be efficiently designed
 and operated.  Without the PARC,
 consultants design systems for unob-
 tainable goals (i.e., systems that are
 doomed to fail). Systems that are
 designed without a defined goal such
 as a PARC operate with the tenacity
| I ill EXAMPLES ;OFMCLS VERSUS PARGS 1 I
Constituent
Benzene j
MTBE
Cleanup goal
1.0 ppb
13.0ppb
PARG
100 ppb
200 ppb
ing phases5 are drawn out at hundreds
of sites. Because they have little confi-
dence that they can achieve the regu-
latory goals, owners and consultants
adopt the delaying tactic of proposing
additional  monitoring wells, long-
term monitoring, endless pilot tests,
and feasibility studies. In looking for a
means of introducing a PFP approach
to California's cleanup conundrum,
our challenge was to find a solution
that would implement site cleanup
without the dawdle factor.
         !
The Solution
The solution was found in the Pre-
liminary Active Remediation Goal
of the EverReady Bunny, yet the sites
never dose. For the less-than-scrupu-
lous consultant, this creates a long-
term annuity;  for  the  scrupulous
consultant, this creates the frustration
of not satisfying the clients' desire for
a no-further-action status.

The LUST Paradox
The  goal of  LUST regulators and
fund administrators, nationwide, is
to use available resources to protect
the environment from the impact of
leaking underground storage tanks.
Yet our enthusiasm to achieve the

               • continued on page 26

                              25

-------
LUSTLine Bulletin 43 • March 2003
• When RBCA is not RBCA
from page 25	

fullest protection may result in less
protection! Let us explain this para-
dox in terms of programs in which
the regulator is separate from the
fund  administrator;  although the
argument also applies to instances
when the regulator and fund admin-
istrator are not separate.
    The regulator is primarily con-
cerned  with   protecting   water
resources  and restoring contami-
nated  resources to a legislatively
defined  standard  of acceptability.
State fund administrators are univer-
sally concerned with using their lim-
ited financial resources to achieve the
regulatory goals for as many sites as
possible. The separation of a fund
from  a  regulatory  authority  is
intended to assure that the financial
resources do not determine regula-
tory standards. In this arrangement
the regulator may demand restora-
tion to the strictest standard and only
allow less  stringency when  "best
efforts" have failed to  achieve the
results.
    The operative  words here are
"best efforts." If the consultant is not
working toward an obtainable goal,
the engineering design cannot be
optimized  and "best efforts"  will
remain elusive. Best efforts  become
the  longest and   most expensive
efforts. In the PARC scenario, the
goal is one that the stakeholders have
agreed is obtainable and, therefore,
metrics can be established  to track
progress. These metrics become the
payment milestones of PEP.

 Contract Goal versus
 Cleanup Goal
Some stakeholders in California have
 argued  that  the  PARC  reduces
 cleanup standards and, by doing so,
 is simply a back door to RBCA, over-
 riding what  the  local  regulations
have specified. This is not true; the
 PARC does not obligate the regulator
 to close the site. Rather it directs
 resources toward achieving obtain-
 able goals while leaving full regula-
 tory structure and authority  in place.
 The PARC is a contract goal, not a
 cleanup goal. This approach leads to
 faster, more efficient cleanups and
 provides the regulator with a greater
 level of satisfaction.
 26
    Consider a hypothetical example
of how a PARC might work. Lef s say
Joe's U-Pump suffers a loss of 100
gallons from a pipe-connection fail-
ure. The released gasoline migrates
50 feet through the vadose zone to
the surficial aquifer (water table).
There are no sensitive receptors, such
as potable wells or surface water,
within five miles of the discharge.
The subsurface  is  composed  of
interfingered sands and days.
    The  MCLs  for benzene and
MTBE are  1.0  ppb and 13  ppb,
respectively. Due to the clays it is
quite difficult to achieve these levels.
With clays under the building having
absorbed product, the only way to
fully achieve the MCLs would be to
remove the building and excavate the
soil or install vapor laterals under the
building. The  structural engineer is
opposed to laterals. Similar facilities
in the same town have had vapor
extraction and air-sparging systems
operating for years, without appre-
ciable success.
    Using the traditional approach, a
consultant  would continue "best
efforts" until  reaching the funding
limit, and then the regulatory agency
would consider a petition for no-fur-
ther-action with contamination still
present, though at reduced levels. In
the PARC  scenario, the regulator,
consultant, owner/operator,  and
fund administrator meet upon com-
pletion of the assessment. They agree
upon   obtainable  and  practical
interim cleanup goals that will pro-
tect receptors and minimize off-site
migration.  These goals  are  the
PARGs.

From Process to Results
A PFP agreement motivates the con-
sultant to install effective and effi-
cient technology and motivates the
consultant to operate diligently. PFP
encourages and allows the regulator
to refocus resources from process to
results.   The  fund  administrator
preapproves the PFP agreement pay-
ment terms and no longer needs to
 review complex time and materials
 invoices. Payments are based upon
 milestone contamination reductions
 within agreed-upon time parameters.
     As in all PFP agreements, there
 are termination clauses for unfore-
 seen events, such as a new discharge.
 Upon reaching the PARC, the PFP
agreement is  terminated.  At this
point, the regulator will most likely
either issue a site closure or require
additional active remediation, or nat-
ural attenuation monitoring.
    In the example above, the regula-
tory authority was not reduced under
a PARC scenario, yet effective conta-
mination reduction was achieved.
Most importantly, the reduction was
greater and faster than the neighbor-
ing facilities' attempts to reach the
MCL without the PARC and PFP.

Elements for Success
Many sites in California are proceed-
ing according to the PFP method and
satisfying all concerned. Through the
simple combination of the PARC and
PFP, cleanups can proceed without
the tension between the fund admin-
istrator and the regulators. The key
elements for success are:
•  Accurate and complete assess-
   ment, at least at the source area

•  Early post-assessment agreement
   of practical interim goals

•  A PFP agreement to reach the
   PARC

•  Project review once the PARC is
   achieved

    The PARC may be a site-specific
goal or a regional goal. The Santa
Clara Valley Water District (SCVWD)
promulgated  a regional PARC  for
PFP sites that do not have an impact
on sensitive receptors. This is notable
since the district is considered strin-
gent. It took up the PARC to break
the gridlock of endless and inefficient
remediations.  Let's  look  at  two
SCVWD cases studies.

Santa Clara County
There are currently two PFP sites in
Santa Clara County that have active
remediation systems and two sites
that are in the process of installing
their remediation system. The first
site began remediation in December
2001 and has reduced contamination
levels by 70 percent. The second site
began remediation in May 2002 and
has achieved a 75 percent reduction
in contamination levels. Both of these
 cases were in the program for over 10
 years with little or no progress made
 towards achieving closure prior to
 entry into the PFP program.

-------
                                                                                   March 2003 • LUSTLine Bulletin 43
     The SCVWD has  developed a
 standard set of PARGs for total petro-
 leum hydrocarbons as  gas (1,000
 ppb), benzene (100 ppb), toluene (200
 ppb),  ethylbenzene  (500  ppb),
 xylenes (300 ppb),  and MTBE  (200
 ppb). These PARGs are applicable for
 all PFP sites in Santa Clara County.
 The district believes that they are
 achievable and will likely allow the
 majority of sites to be closed,  if
 achieved. The SCVWD does  not
 guarantee closure upon reaching the
 PARC but does guarantee that the
 site  will be reviewed for  closure
 when the PARGs are achieved.

 • Case Example #1
 Fuel leak site #1 was first opened as
 an active case in January 1990, fol-
 lowing the discovery of petroleum
 hydrocarbons in soil during  the
 removal  of  two  8,000-gallon  fuel
 USTs and a 550-gallon waste oil UST.
 Soil and groundwater investigations
 and quarterly monitoring events con-
 ducted  between 1993 and 2000
 detected total petroleum hydrocar-
 bons  as  gasoline   (TPHG)   and
 benzene in groundwater at concen-
 trations up  to  140,000 and 34,000
 parts per billion (ppb),  respectively.
 Additionally,  free   product  was
 detected at thicknesses up to 1.65
 feet. No site remediation was com-
 pleted in the 12 years following the
 initial report of a release at the site.
 The reasons for this delay  in  site
 remediation are not clear, but the PFP
 initiative gave the cleanup its jump-
 start.
   A PFP cleanup agreement for the
 site  was reached in June 2001 and
 was modified in April  2002 to take
 into consideration additional conta-
 mination discovered in December
 2001. The consultant proposed  the
 use of groundwater extraction (GWE)
 in  combination with  soil  vapor
 extraction  (SVE) and air sparging
 (AS).
   The SVE and AS systems are being
 conducted with the use of a mobile
 unit that allows considerable flexibil-
 ity in selecting the wells to be used
 for extraction. After six months of
 GWE and two months  of SVE and
 AS, total BTEX concentrations in key
monitoring wells  at  the site have
been reduced by 77 percent. Current
maximum concentrations at the site
are 19,430 ppb benzene (a 43 percent
 reduction) and 38,000 ppb TPHG (a
 73 percent reduction).
    The site consultant feels the PFP
 approach resulted in faster payment
 from thej cleanup fund, eliminated
 much of ithe administrative hassles
 that were: involved with the standard
 cleanup fund process, and provided
 him an opportunity to increase prof-
 its. We believe this is a win-win situa-
 tion for all parties.
         1 i
          i
 •  Case Example #2
 Fuel leak jsite #2 was first opened as a
 leak site in February 1992 following
 the discovery of petroleum hydrocar-
 bons in soil during an UST removal.
 Maximuni concentrations at the site
 were 31,OpO ppb benzene, 10,000 ppb
 MTBE, and 200,000 ppb TPHG. Reme-
 diation activities performed at the site
 between 1991 and 2001 included addi-
 tional excavation of contaminated soil
 in 1991 a4d 1993 and the installation
 and operation of SVE and GWE sys-
 tems from: 1996 to 2001.
   Following the  initial period of
 remediation, benzene,  MTBE,  and
 TPHG concentrations were reduced
 by 72 percent, 97 percent, and 73 per-
 cent, respectively. Although the total
 reduction! of contaminants was posi-
 tive, most, of this progress was made
 between 1996 and  1998, and the con-
 centratiorls  remained stable from
 1998 to 2001.
   The responsible party and the con-
 sultant entered into a PFP contract in
 November 2001. The consultant pro-
 posed to continue to use the existing
 systems  but to upgrade the equip-
 ment to provide increased flow rates
 and to increase the number of extrac-
 tion wellsJ The upgraded system was
 started up in December 2001. After
 eight  months  of operation, total
 BTEX  concentrations were reduced
 by 70 percent. Benzene, MTBE, and
 TPHG concentrations were reduced
 by 78 percent, 46 percent, and 37 per-
 cent, respectively.

 These case studies show that the PFP
 program is effective in moving stag-
 nant sites into successful remediation.
 Setting realistic  PARGs—goals that
 are achievable and will provide pro-
tection to Ijhe groundwater basin—is
a critical component of the PFP pro-
gram.  Without realistic PARGs, it
would be 'difficult, at best, for any
consultant to agree on a PFP contract.
 Progress Without Angst
 Introducing the PARC in combina-
 tion with PFP can lead to faster, less
 expensive, and, most importantly,
 more  efficient cleanups.  Setting
 obtainable goals is a powerful tool for
 avoiding regulatory tension with the
 trust fund and for getting all sides to
 focus on what we all  want—maxi-
 mum protection of receptors by effi-
 cient use  of  resources. Pay for
 Performance has produced remark-
 able results in many states by pro-
 moting faster  and  less  expensive
 cleanups. (See LUSTLine #42, "Pay for
Performance:  Does  It Work?  The
Data.") The  PARC  combines ele-
ments of RBCA with PFP to acceler-
ate  cleanups   through  efficient
operations. •
 Robert S. Cohen is a professional geolo-
 gist specializing in LUST cost contain-
 ment and risk management issues. He
 is a consultant to both the public and
 private sectors. He has conducted over
   30 PFP workshops and studies on
 behalf of the EPA and various states.
 For more information, contact Bob at
       bobcohen@ivs.edu or
          (352) 337-2600

 David F. Charter is a Senior Engineer-
 ing Geologist in the California Under-
 ground Storage Tank Cleanup Fund.
 He has been involved in UST removal,
  assessment, and remediation since
      1990. He can be reached at
   dcharter@cwp.swrcb.ca.gov.

 George E. Cook Jr., R.G., is an Assis-
 tant Engineering Geologist with the
 Santa Clara Valley Water District. He
   is responsible for oversight of 100
  active fuel leak sites in Santa Clara
 County, California. He can be reached
    at (408) 265-2607 ext. 2665 or
     gcook@valleywater.org.

   Kevin Graves is Chief of the UST
   Cleanup Unit at the State Water
Resources Control Board in California.
 He has worked in the environmental
 remediation field for the past 10 years
 as a regulator, researcher, and consul-
      tant. He can be reached at
      gravesk@swrcb.ca.gov.
                                                                                                        27

-------
LUSTLine Bulletin 43 • March 2003
a
At the llth Annual State Fund Administrators Conference, June 2003, in Boise, Idaho,
there was much discussion concerning LUST cleanup reimbursement, Pay for Perfor-
mance (PFP) style. We've selected some of the questions asked and some of the answers
provided that we felt might be of interest to state fund administrators considering imple-
menting PFP.
                          PAY  FOR  PERFORMANCE
  C2. Wlien you negotiate a PFP
agreement, how do you know when
you get a good price?
         Experience,  experience,
experience! The more experience
state officials and contractors have in
PFP, the more confident all the par-
ties will be with the negotiated price.
For example, Florida program per-
sonnel, with over 250 agreements,
have gained considerable experience
at knowing what things  cost.  For
each project, three state project man-
agers independently review  the
cleanup plan developed by the nego-
tiating contractor and then develop
an estimate of  the price  of  the
cleanup. These three estimates are
then compared to the price proposed
by the contractor. "If the contractor
had a very high price and then sud-
denly comes down to meet your esti-
mate, you know there was a lot of fat
in the proposal to begin with," said
Florida DEP's Brian Dougherty.
   Oklahoma, on the other hand, uses
the Tank Racer costing program as a
basis for negotiations. "Tank Racer
removes any question of arbitrariness
and has proven useful in court," said
Dave Kelley, Oklahoma Corporate
Commission, PST Division.

   C<2. What were some of the most
unexpected benefits of PFP?
         One state representative
 noted that contractors make their sys-
 tems work better without contacting
 agency staff. He said the back and
 forth calls  between state staff and
 contractor, the change orders, and the
 cost overruns all go away under PFP.
    Art  Shrader, South Carolina
 DHEC, recalled one occasion when a
 hurricane was approaching. The PFP
 contractor notified his office that he
 was shutting down the systems. Six
 systems were under water, and the
 state didn't have to pay to replace
 any of them.
   "PFP helped whittle  out all the
 bad consultants. Now, the technical
 people that we work with are more


 28
  knowledgeable. The good consul-
  tants rise to the top and stand behind
  their work," said Dave Kelley.

    O. How has PFP changed the
  way you approach site characteriza-
  tion?
        .  "You need more thorough
  site characterization for consultants
  to feel comfortable about entering a
  PFP agreement," said Chuck Schwer,
  Vermont DEC. "Our fund pays a bit
  more for a better characterization, but
  if s worth it."
    Art Shrader noted that if you don't
  have a good site assessment, you're
  gonna find out about it in the price
  tag.

    d. Do you allow for real-time
  sampling  after  the  contract  is
  awarded?
        . In South Carolina, baseline
  levels are established before entering
  a PFP agreement. If site conditions
  change significantly between the time
  of the baseline sampling and the
  implementation of  toe agreement
  (e.g., free product levels double), the
  contractor can be released from the
  agreement and the project can be re-
  bid.

     &,. Does state lead on a cleanup
  seem to work more smoothly?
        . Florida experience says get
  as much state lead as you can. You
  have more problems when owners
  choose the contractor. Vermont, on
  the other hand, has not done  any
  state-lead  PFP  work;  however,
  they've found that if they work very
  closely with the owner /operator, a
  better agreement can be developed.
  VTDEC staff have helped owners/
  operators conduct bidding and rou-
  tinely meet with contractors during
  the development of the agreement.
  "Working as a team, owners /opera-
  tors and the state can be each other's
  best ally," said Chuck Schwer.

     O. How do you justify  which
  contractor is chosen?
      -. To have an objective way to
evaluate bids, Utah uses a Proposal
Evaluation Form that consists of a list
of the criteria required for each bid-
der's proposal and a scoring system
for evaluating the proposals accord-
ing to the criteria. Six people score
the proposals using the same rating
scale. Higher ratings are assigned to
bidders that clearly define the work
to be performed. Higher ratings are
also assigned to realistic assumptions
of equipment performance, flexible
cleanup plans that cover a range of
potentially unknown conditions, and
offers that provide adequate equip-
ment and backup in the event of
breakdown, that adequately address
all  environmental and health and
safety concerns, and that minimize
the risk of not completing work on
schedule. (For  a copy  of Utah's
Request for Bid Form, contact Randy
Taylor at rtaylor@deq.state.ut.us.)

   O.  What techniques do states
use to control contractors?
      . Since the stakes are high
under PFP, you need to ensure that
your agreements have some stiff con-
sequences if the  contractor  walks
away from the project. For example,
in Vermont, if the contractor doesn't
fulfill his obligations, he risks losing
work under the  fund for three years.
In Oklahoma, if a contractor fails to
fulfill his contract, he cannot perform
any remediation work for two years,
by legislation.  "If you don't have
such  legislation, you should put it
into the contract," remarked Kelley.

   O. Does the ability to encumber
funds through PFP help prevent raids
on state funds?
        In 2002, the Vermont fund
 was raided by the legislature. If not
 for PFP and monies encumbered for
 the cleanups, the amount taken by
 the  legislature would have  been
 much larger. In Oklahoma, because
 of PFP, they were able to encumber
 funds. Florida has found that if you
 encumber funds, money is saved. Hi

-------
                                                                               March 2003 • LUSTLine Bulletin 43
 Tank Systems in a Jam
 Contaminated Gasoline from a Kentucky
 Refinery Spurs a Flurry  of Tank
 Cleanups and Lingering  Concerns
 by Ellen Frye

   In summer 2002, incidents at sev-
   eral retail  gasoline facilities  in
   West Virginia caught the atten-
 tion of inspectors from the state's
 Department of Environmental Pro-
 tection (WVDEP) and Division  of
 Labor Weights and Measures Section
 (W&M). "In June, we were hearing
 from tank owners who were doing
 inventory control  and  statistical
 inventory reconciliation  (SIR) and
 getting  inconclusives and faulty
 meter readings/' says Gil Sattler,
 WVDEP's UST program manager.
    In August, Dennis Harrison, a
 supervisor with  W&M,  was con-
 tacted by a major jobber who said he
 was being overcharged for his 87-
 blend gasoline and suspected that
 there was a calibration problem at the
 bulk storage  loading racks. "We
 quickly discovered that the turbine
 meters at the loading rack were out of
 calibration," says Harrison. "We sus-
 pected there was something amiss at
 the marine terminals.
    "The first physical evidence I saw
 was at an Exxon station, where a sub-
 mersible pump was plugged with par-
 ticulates.  One of the pumps had
 already been replaced," says Harrison.
   Harrison  contacted Marathon
 Ashland Petroleum LCC (MAP), the
 refiner/distributor, and told them of
 his finding. A MAP representative
 instructed him to remove the filters
 and  empty them into a pan. Upon
 doing this, Harrison found that the
 filters were filled with particulates
 that  had  been sucked up  by the
 pumps. Marathon immediately sent
 teams of investigators to its refineries
 and barges.
   About two weeks later, Harrison
 started hearing from other station
 owners,  complaining  of  meters
breaking, filters  clogging  prema-
turely, and some pumps failing. "Job-
bers aren't big on talking to each and
comparing these kinds of notes," says
Harrison. "So unfortunately it can
sometimes take them awhile to real-
ize that it is not just their problem."
    MAP inspected more than 2,100
retail stations that often had as many
as 20 mefers per site. The company
replaced 26 broken meters, less than
one tenth of one percent of the meters
inspected;,
         j
The Problem
Fuel contamination was soon traced
to MAP's refinery in  Catlettsburg,
Kentucky^ ^ source of about 70 per-
cent of West Virginia's fuel. The
refinery, according to MAP, had been
"distributing gasoline containing for-
eign material." The company took
immediate steps to stop the contami-
nation at the source and.clean  all
affected points along the distribution
system. Ultimately, the problem was
identified! at facilities receiving prod-
uct from this refinery in West Vir-
ginia, Kentucky, Ohio, and Indiana.
   According to a  brochure, Fuel
Quality:  Everybody's Business, pre-
pared by  MAP and distributed to the
jobber and service station network in
the affected area, the company per-
formed analytical sampling on more
than 2001 terminal and bulk plant
tanks in tijie Catlettsburg distribution
system.  ;
   MAP j identified the following
three  types  of contaminants that
could be  (traced to the Catlettsburg
fuel qualify issue.
         i
• Excessive spent sodium hydrox-
  ide (NlaOH) water (caustic, high
  pH)  that is normally recovered
  from gasoline before it leaves the
  refinery. NaOH is used in conjunc-
  tion with air and a catalyst to react
  with mercaptan and  ultimately
  remove sulfur compounds. Mer-
  captan  is  a  sulfur-containing
  organic compound  that  is  a
  byproduct of tike gasoline refining
  process;
  Excessive rust participate gener-
  ated from within the refinery and
  the barges that was carried down-
  stream;' According to  MAP, the
   participate itself was not gener-
   ated from UST corrosion. MAP
   says that other scavengers used to
   remove mercaptan kept particu-
   late from bulk tanks and barges in
   suspension and carried it down-
   stream to retail facilities.

 • Thick sludge resulting from  a
   reaction  of  chemical additives
   with finished product. The use of
   these additives has now been dis-
   continued.

    More than 70 of the tanks at the
 terminal  and  bulk  plants  were
 cleaned. All Catlettsburg-sourced
 barges   were  inspected—of  124
 barges, 43  required cleaning. More
 than 220 company-owned, commer-
 cial, and private transports delivering
 product  to the four-state area were
 inspected, and 90 were cleaned. Of
 the more than 2,100 retail sites in the
 four-state area that were inspected,
 approximately  1,300 of  those sites
 underwent tank cleanings. MAP has
 also addressed claims by car owners
 concerning problems with fuel sys-
 tems, primarily fuel injectors.
    State inspectors also found signs
 of   microbial   blooms   at  the
 product/tank system interface dur-
 ing and after cleaning. "The truth is, I
 don't understand it all," says Dennis
 Harrison. "We routinely check the
 water bottoms. In some of these tanks
 we've seen a noticeable amount of jet
 black  water... after  they'd been
 cleaned."
    "MAP's efforts to look at under-
 ground tank bottoms have been
 unprecedented," says MAP spokes-
 man Shawn Lyon. "The dark liquid
 found at the bottom of tanks is a nor-
 mal occurrence. Using various sam-
 pling methods, field tests conducted
 outside of the impacted Catlettsburg
 area further prove this point. With
 that understanding, MAP's cleaning
 efforts focused on removing particu-
 lates."

 Long-Term Concerns
 Based on what inspectors were see-
 ing in affected tanks, WVDEP's UST
Advisory Committee discussed some
long-term concerns they had about
the potential for corrosion or other
 adverse impacts to  the  linings of
USTs.
               • continued on page 30

                             29

-------
LUSTLine Bulletin 43 • March 2003
m Tanks in a Jam from page 29

    "During the tank-cleaning pro-
cess, we noticed that the water in the
tank bottoms looked different at dif-
ferent locations," says WVDEP UST
inspector Michael Young. "In steel
tanks (those that are bare steel on the
inside) the water was a rusty brown
color. In lined and fiberglass tanks
we  noticed  that  it  was  a  dark
red/purple/ black color. It was also
more viscous and some places it was
sticky.
    "The results from some tank-bot-
tom sampling  that we conducted
indicated that there were significant
metals and some odd organics in the
watery tank bottoms," says Young.
"Some of these constituents are the
same as the binder material that is
used in the tank linings; however,
they can also be found in parking lot
runoff and soil. We realized  that
these  samples were of little use
because  they were not definitive.
Even if we looked into some of the
lined tanks and measured the thick-
ness of the liners, we have no base-
line data indicating what the lining
thickness was when  it was  first
installed. Without this data it would
impossible to determine if any liner
loss had occurred."
    Responding to WVDEP's  con-
cerns about long-term tank integrity
and microbial growth, MAP'S Lyon
explains that of all the samples taken
at the retail station level, die pH read-
ings were normal (in the 6 to 8 range)
with only a nominal number of sam-
ples slightly elevated to 10. Further
analysis by a third-party testing lab
noted that NaOH water found in the
system is no more corrosive than nor-
mal water.
    "Essentially, what  we  have
occurring is normal corrosion, and, as
a result, we implemented a plan to
remove  the  NaOH water and the
solids in the system," says Lyon. "In
addition, industry standards for sta-
tion equipment such as  UL-listed
storage tanks and piping include test-
ing to withstand exposure to high pH
solutions, which should further vali-
date tank integrity."
     With regard to microbial growth,
Lyon contends that this  is not a
Catlettsburg issue but that  "it is
becoming more common in today's
environment of  [EPA-regulated]
cleaner  burning fuels. Therefore,

30
there is an increasing need for educa-
tion and awareness of this topic."
Lyon notes that "microbial-induced
corrosion is  typically much more
aggressive than normal corrosion
associated with  the presence  of
water." (See "Does Your Tank Sys-
tem Have Bugs?" below.)
    In the meantime, WVDEP inspec-
tors remain somewhat puzzled about
the goings on in so many tank sys-
tems. "While Marathon has been
very responsive to this  problem,"
says Gil Sattler, "we still have some
concerns about the long-term effects
of all of this."

What Should Tank Owners Do
to Ensure Product Quality?
In its brochure to affected jobbers and
station owners, MAP describes what
it is doing to ensure product quality
throughout its distribution system.
The company also notes that jobbers
and dealers have a "responsibility to
continue efforts to  assure  product
quality after product leaves the ter-
minal." Jobbers and  dealers  can help
achieve this by
• regularly monitoring and mini-
  mizing water  levels in under-
  ground and aboveground storage
  tanks,

• scheduling regular  changing of
  dispenser filters, and

• developing a plan to proactively
  monitor for microbial growth at all
  tank locations. •
   Does Your Tank System  Have Bugs?
   We've heard from several UST inspectors who are concerned that they are
   seeing internal corrosion associated with microbial contamination in USTs. In
   LUSTLine Bulletins #39 and #40, industrial microbial ecologist Fred Passman
   provided our readers with extensive information on this subject.
     If you are wondering whether microbes are likely to be causing problems
   with your UST or dispenser systems, here are a few quick checks that Fred has
   provided us that will help put you on the right track.
   • What does your bottom sample look like? Is there a third layer in the
   sample that looks like mousse and tends to cling to  the sides of a gently tilted
   glass jar? If you see this in your bottom sample, you can be better than 90
   percent certain that you have enough microbial contamination to be causing
   problems.
   • DO you have a flow-rate restriction? Note the  totalizer reading when you
   change dispenser filters. If your flow rate falls below 7 gpm in less than
   50,000 gallons through the filter, there's a better than 75 percent chance that
   microbes are a major, if not the major, cause.
   • Have you replaced dispenser flow-control valves more than once in
   the past year? If so, there's a better than 75 percent chance that microbes are
   causing the fuel to become corrosive.
   • Have you experienced more than one of these problems at a retail
   site? If so, there is a 95 percent chance that you have a microbe problem in
   your UST.
     Also, ASTM Manual 47: Microbial Contamination of Fuels and Fuel Systems
   is scheduled for publication in spring 2003. This manual will contain three
   original chapters plus all of the nonvolume 5 ASTM and IP standards to which
   ASTM's D6469 Standard Guide to Microbial Contamination in Fuels and Fuel
   Systems refers (See LL#38). The three original chapters in Manual 47 are:
   • Fuel Microbiology Basics
   • Fuel Sampling for Microbiological Examination
   • Fuel System Contamination Control
     The manual also includes a glossary of microbiological and filtration terms
   with which petroleum industry people might not be  familiar.
     For more information, contact Dr. Fred Passman, President, BCA, Inc.
   bca-fjp@ix.netcom.com or (609) 716-0200. •

-------
                                                                            March 2003 • LUSTLine Bulletin 43
 UST-Related  Explosions  in Kentucky and
 Pennsylvania Are  Unfortunate Reminders of
 What Not to Do
 by Ellen Frye


 "A RIVER OF GAS" AND
 BOOM
 On the morning of December  12,
 2002, Virgil Burgan, the operator of
 the Mount Eden Country Store in
 Shelby County, Kentucky, was on his
 way out of the store to fill a cus-
 tomer's kerosene can. He'd noticed
 that a gasoline delivery truck was
 making a drop but that it was parked
 in a different direction than usual. As
 Burgan walked  to the  kerosene
 pump, he saw what he said looked
 like a "river of gas" flowing along the
 left side of the store to the back of the
 building.
    Burgan yelled to the driver and
 went back inside, where he found the
 smell of gas was already strong. He
 asked everyone inside to put out any
 smoking materials and turn off the
 stove burners. But as folks started to
 get up and leave, they heard—and
 felt—an explosion. They ran from the
 building just before the store caught
 fire and burned to the ground. No
 one was injured.
    Several factors caused this deliv-
 ery incident, according to Dale Man-
 cuso,  Senior   Deputy State  Fire
 Marshal. "First and foremost, a liq-
 uid-tight connection was not estab-
 lished before filling the tank," says
 Mancuso.  A bulk delivery nozzle
 used to fill aboveground tanks had
 been placed inside the opening of the
 fill riser pipe, and the product was
 pumped into the tank.
   Underground tanks are equipped
 with an adapter on the fill riser pipe
 that allows the delivery truck to hook
 up without the possibility of the hose
 disengaging. Once this connection is
 established, the valve to the storage
 compartment of the truck is opened
 and the product flows by gravity into
 the tank. "Even if a liquid-tight con-
 nection had been used, the. delivery
 would still have gone against  code
 requirements," says Mancuso, "since
 overfill-prevention devices used in
 underground tanks are not listed for
pump-fed deliveries."
    According to Mancuso, another
factor that contributed to the release
was that the nozzle being used to fill
the tank did not have an automatic
shut-off device. Although state codes
don't require this safety feature in
bulk-fuel nozzles, Mancuso says that
such a device could have prevented
the releas^ and the subsequent fire.
    The Driver had also parked his
truck so that the rear of the truck was
in the front of the store. The UST fill
connectioin was  on the side  of the
store, so the driver could not have
seen it from the rear of the truck since
the store (blocked the line of sight.
The driver explained to investigators
that he had been going back and
forth between watching the meter at
the back of the truck and his nozzle at
the fill connection.
    "The amount of product ordered
played a role too, in that the Burgans
only ordered 400 gallons of gasoline.
The proper way to make this delivery
into a UST, would have been to meter
400 gallons of gasoline into a com-
partment !of the tank truck and then
deliver it. Instead, the  driver chose to
fill up the compartment," explains
Mancuso.
   Mancuso says the driver had to
be at the rear of the  truck to  make
sure that only 400 gallons went into
the tank. \ The tank didn't have a
meter with a preset cutoff, a device
that shuts off the flow of product
when a preset amount is reached.
    As for the gasoline spill, at this
point investigators do not know what
caused it. Mancuso suggests a few
possibilities: The nozzle could have
been kicked out when the driver was
going back and forth from the meter
to the fill. The restriction in pipe size
from  the  UST  overfill-prevention
device could have caused excessive
turbulence in the tube and  created
backpressure. A restriction in the
vent line  to the UST could have
caused the problem.
    "One  fact  still  remains,'  says
Mancuso, "had a tight fill connection
been used along with a gravity fill,
this release would never have hap-
pened."

TANKS BLAST OUT OF
DORMANCY AT MTBE
CONTAMINATION SITE
On January 7,  2003,  two  under-
ground tanks at a former Mobil sta-
tion at the Pool's Corner area of
Doylestown, Pennsylvania, exploded,
injuring two workers, rocking the
neighborhood, and sending a shower
of rocks and tank debris onto passing
cars and residential properties. The
station had been closed for over two
years because of a gasoline  release
that contaminated a dozen  nearby
wells with MTBE. Both the Mobil sta-
tion and a nearby Exxon station had
voluntarily closed to clean  up  the
Sltes'          • continued on page 32
 Recommendations for Preventing a Similar
 Fuel Delivery Situation
 In the wake of the Mount Eden fire, Senior Dputy State Fire Marshall Dale Man-
 cuso made the following recommendations.
   • Provide better training for drivers/operators.
   • Use tight fill connections.
   • Fill USTs by gravity, not by pump.
   • Follow the manufacturer's recommendations on product usage. Specifi-
      cally, do not use a pump in conjunction with an overfill-prevention device
      listed for USTs.
   • Make deliveries to USTs with premetered amounts of fuel.
   • Make sure that the driver/operator can always see the tank-fill connection
      as well as the truck.
                                                                                               31

-------
LUSTLineBiiHefm43 • March2003
m UST-Related
Explosions from page 31

   On. the day of the
explosions, contractors
were in the  process of
upgrading the tops of the
four 10,000-gallon tanks
at the site, replacing the
lines and dispensers, and
installing a remediation
system.  New  owner
Conoco Inc.  was doing
this in preparation for a
reopening of the station.
When  the station  was
dosed, the tanks had been emptied of
product but not cleaned—about an
inch of sludge remained at the bot-
tom. At the time, the tanks were filled
with water, as ballast.
    "There seemed to be an assump-
tion that the water would negate the
need to monitor the tanks inside and
out for vapors," says Kathy Nagle,
Pennsylvania Department of Environ-
mental Protection Water Quality Spe-
cialist  Supervisor.  "We  haven't
identified the ignition source, but the
vapors from the tanks were clearly at
levels high enough to  trigger the
                                  Left: Exploded tank closest to the road at
                                  Pool's Corner Mobil Station. The foam in the
                                  tank area is fire-fighting foam. At upper left
                                  are the two containment sumps for the mid-
                                  dle two tanks In the field.
                                  Bottom: The tank at the opposite end of the
                                  tank field blew out enough of the gravel back
                                  fill to cause the macadam to collapse.
explosions, first in one tank
and then in the other."
   Well users in the area
have  relied  on bottled
water since the MTBE was
discovered.  Some of them
have sued Tosco Refining
Co., former owner of the
Mobil station, and Exxon-
Mobil Corporation, owner of the
Exxon station. The explosions have
raised new concerns about well conta-
mination. ConocoPhillips and Exxon-
Mobil have stepped up well sampling
schedules to assess possible impacts
on contaminant levels. Ongoing sam-
pling is under review by PA DEP. The
MTBE-impacted homes (i.e., MTBE
levels above the cleanup standard of
20 ppb) have had point-of-entry niters
installed. H
 Building a Better Internet  Presence
 Ten Things Yon Can Do to Improve the Performance of
 Your UST Web Site
 by Ben Tiiomas

     Technology can be a blessing and
     a curse when it comes to deliv-
     ering technical assistance on
 underground storage tanks via the
 Internet. If s a blessing when you can
 provide UST operators with perpetual
 access to a plethora  of rules, forms,
 lists, and documents to help them
 achieve operational compliance. But
 it's a curse when operators can't find
 what they want on your Web site.
    Chances are the stuff they seek is
 there, but it's buried somewhere on
 your Web site. The good news is that
 you can fix this. All it takes is some
 analysis, design work, some coding,
 the nod of the boss/and viola! You
 improve  your  Web site, increase
 accessibility, and have a happier,
 more educated operator.

 32
    So, at that juncture of your next
Web page update, consider the mak-
ing following improvements:

JL« Know your audience.
For a Web page to meet its goal of
increased access to useful informa-
tion, it must be tailored  to  its
intended audiences. Who uses your
Web page the most? Owners? Con-
tractors? Consultants? Other govern-
ment  employees? Knowing your
audience will help you organize your
information so that it is as eye-catch-
ing and intuitive as possible. The
most effective UST Web pages out
there today are the ones intentionally
designed to greet the target audi-
ences the moment they show up at
the front door.
    Idea: Analyze your audience by
percentage of user types, and see if
your Web page is designed for those
audiences.  Redevelop the page as
necessary, based on user type.

2* Realize that users don't read,
they surf.
Internet users don't navigate through
your Web page like you might think
they do. Studies show that users
don't really read introductory state-
ments. They don't study any particu-
lar Web page at length. They don't
read it like a book. Basically, they
surf. They surf and surf and surf until
they find what they want, and then
they bail out. Users roam a Web page
like a driver in a bustling city scan-
ning for street signs. If a user wants

-------
                                                                                  March 2003 • LUSTLine Bulletin 43
 an UST installation form, then the
 glowing "form" button is all they see;
 all else is blurrily irrelevant. If you
 understand better how a user typi-
 cally navigates through your page,
 you can arrange the layout for opti-
 mal performance.
    Idea: Study your Web page, and
 look for wordy  distractions that
 could be culled. As Strunk and White
 suggest  in their little  book,  The
 Elements  of Style:  "Omit  needless
 words!" I would add to this:
 • Relocate  lengthy  introductory
   statements with links or buttons
   that say something intuitive like
   "Mission" or "About Us."

 • Remove or relocate esoteric topics.

 • Use bullets to  organize  topics
   whenever  possible by  deleting
   accompanying text that doesn't
   help navigation.

    Think of the sum of your  Web
 pages as a series of traffic signs that
 are designed to get drivers to their
 destination as simply and clearly as
 possible.

 «»• Prioritize information.
 If a user  comes to your Web page
 looking for something basic like a
 form or a list of service providers,
 they shouldn't have to spend any
 time looking for the link. It should be
 obviously and immediately located
 right there at the top of the home
 page. Organize the links  to these
 types of common items by making
 them abundantly apparent the sec-
 ond a user hits your page. Steve
 Krug's excellent book, Don't Make Me
 Think, says users who are scanning
 your  Web page should  need  take
 only a  few  milliseconds to decide
 where to  go next in  search of their
 objective.
    Idea: Write down what you think
 is the most popular information on
 your Web page, and see if you can
 find it at first glance on entering your
 Web page. Think of the top half of the
 first page as waterfront property—
 prime real estate. Use that space for
 all your mission-critical elements.
 The less common items should be rel-
 egated to the lower half of your page.

4» Keep your home page short.
Your home page, where your user
presumably starts, should be short.
Users  generally avoid scrolling
 downward (and never, ever across)
 and with a well-designed home page,
 you have ;all the basics laid out in an
 intuitive fkshion.
     Idea: If you have a lengthy intro-
 ductory page, chop it down to a one-
 pager. For example, shrink  all text
 fonts (8 point is fine) except for topic
 headers. (Shrink the banner (your
 logo). Surnmarize and hyperlink the
 common things people look for (e.g.,
 news, forrns, regs, documents, lists).
 Consolidate  banners,  navigation
 bars, and links to reduce the amount
 of empty space.
          51
   • Avoid jargon.
 While jargon helps streamline  the
 language lamong regulators, it is a
 primary  barrier to  communication
 with the general public. Jargon only
 increases b| arriers to user comprehen-
 sion. Nearly all UST Web pages out
 there could do with a little bit of jar-
 gon reduction. Even if you think your
 audience knows your particular fla-
 vor of acronyms, make your Web
 page supejr-intuitive by saying,  for
 example, "Installation Form" instead
 of "State Form 27B-6."
    Idea: ; Review your pages  for
 acronyms,! ]'argon, and  shop talk.
 Remove this language that  is not
 common or useful to the audience.
 The acronym "UST" is probably okay
 to keep. Use common language  to
 highlight concepts.

 fj» Keep a uniform look to all
 pages.    |
 This may s^em obvious, but the more
 your Webj pages all look the same,
 the more cbmfortable your user will
 be navigating through your site on
 the way to jtechnical nirvana. Naviga-
 tional bars, banners, fonts, and gen-
 eral layoutlshould all be as similar as
 possible.  I
    Idea: Scan your pages and look
 for thematic similarities among your
 pages. Correct the odd-duck sites and
 strive for a |Uniform look.

 T        i
 4 • Use/fix navigation bars.
 Navigation! bars are common tools on
 Web pageslthese days, and every sin-
 gle one of your Web pages should
 have them1. This lends itself  to the
 uniform look mentioned above. Nav-
igation bar's should contain founda-
 tion-type  links, such  as  "Contact
Informatioiji," "Search," and "Index."
Today's W^b user has come to expect
 this navigational system ancf  will
 look for these features on your pages.
     Idea:  Survey your pages  and
 evaluate whether you have effective
 navigational bars, or whether  you
 have them at all. Strive for simple,
 compact, consistent bars.

 O« Avoid gadgets.
 An  ambitious  and  creative Web
 designer can easily get carried away
 with the arsenal of tools available to
 enhance a Web  page — features such
 as  animated   graphics,  scrolling
 banners, and  snazzy  background
 designs. Often, these gimmicks, if not
 tightly controlled, distract rather than
 enhance the content. We  all know
 that the poor content of a speaker's
 message cannot hide  behind  the
 appeal of a nice-looking PowerPoint
 presentation. The same is true for a
 Web  page.  If  the  enhancement
 doesn't enhance, don't bother.
     Idea: Review your page to deter-
 mine whether your enhancements
 help or hinder.  Have someone out-
 side the program perform the assess-
 ment. When in doubt, go basic.

 "• Provide a visually pleasing
 layout.
 Users should get subliminally warm
 and fuzzy when they enter the realm
 of your Web site. They should feel a
 certain amount of ease and comfort
 because  the information is laid  out
 intuitively, and certain categories of
 information  are smartly  lumped
 together  and  compartmentalized.
 White space allows users to scan  the
 page and zero in on what they want.
 Any white space should have  the
 subliminal ability to guide users
 along. Poorly designed white space
 can confuse users in the matter of a
 split second.
    Idea: Study highly successful
 Web pages such as www.ebay.com
 or www.amazon.com. See how they
 lay out a page. Study the use of white
 space, the lumping together of topics,
 the hierarchy of information, and  the
 overall appeal, including font, colors,
 and background  design. Then evalu-
 ate your page.
       Have searchable databases.
A number of government Web pages
have searchable UST and LUST data-
bases.  In these lucky states, opera-
tors, prospective property buyers,
                • continued on page 34

              !                33

-------
LUSTLine Bulletin 43 • March 2003
• Web Pages from page 33	

tank workers,  and environmental
consultants all have access to either
thumbnail or exhaustive UST data-
base files.  Even mildly savvy Web
users are coming to expect this sort of
service. Plus, it will save you tons of
time and money rooting though your
database files.
    Idea:  Convince your database
staff and your program manager that
your Web page will be infinitely more
effective if it has a searchable UST
and LUST database. While your state
may have database platform con-
straints and money issues, keep beat-
ing this drum. Like digitizing other
UST services, it is a new thing and
will only save you money in the end.
So What Makes a Great
Web Page?
Layout, color scheme, organization,
content? Obviously there are lots of
things that make a Web page func-
tional and attractive. Some things are
apparent, but much has to do with
what goes on in the subliminal realm.
If users can surf effortlessly through
your site, grab what they want, and
leave, you've done your deed.
    If I  had to choose the most
important element of having an effec-
tive Web page, it would probably be
ease of navigation. All of the 10 ele-
ments listed here can be tied back to
how easily a surfer surfs your site.
    If you are one of those UST regu-
lators who feels there aren't enough
UST operators online to warrant a
full-blown Web page analysis, don't
despair. Web usage  is increasing
daily. By the time you finish your
assessment, the numbers will have
grown—and along with them the
expectation for better, stronger, faster
service. •

 Ben Thomas is a former UST regulator
  in Alaska. He created one of the first
   state UST Web pages to deliver in-
  depth technical assistance online. In
  1997, he urged program managers at
  the national UST/LUST conference to
  seriously invest in the Web as a pri-
  mary outreach tool. Today as an UST
  consultant, Ben is always looking for
  ways to improve access to information
     about tanks. His Web page is
     http://www.bentanks.com.
  The United States Sues
  New York City Over UST
  Violations
  The U.S. has filed a civil lawsuit in
  Manhattan federal court against the
  City of New York (NYC) alleging
  that since at least 1997 and continu-
  ing until today, the city has been
  violating RCRA in connection with
  its UST systems. NYC owns at least
  1,600 federally regulated USTs in at
  least 400 locations throughout the
  NYC metropolitan area. The tanks
  are operated by at least 16 agencies
  or departments of the city.
      The complaint  charges  that
  NYC has for many years and con-
  tinuing until today  committed
  numerous violations of RCRA and
  the UST regulations, including the
  failure to upgrade UST systems in a
  timely manner; and properly pro-
  vide, operate,  maintain, and/or
  monitor release-detection methods
  in a  timely manner; maintain and
  furnish records concerning compli-
  ance with  release-detection require-
  ments;  report,  investigate,  and
  confirm suspected releases of regu-
  lated substances; comply with per-
  formance standards for new UST
  systems; comply with requirements
  for closure of certain UST systems;
  and maintain and furnish records
  concerning closure of tank systems.
  The complaint seeks civil penalties
  and injunctive relief from the city.

 EPA Issues a Unilateral Order
 to Chevron USA for a LUST
 Site in Chillum, MD
 On November 26,  2002, U.S. EPA
 issued a Unilateral Order to Chevron
 USA, Inc., requiring it to investigate
 the release of  petroleum products
 from a former  Chevron service sta-
 tion  on  Riggs Road  in Chillum,
 Maryland. The order also requires
 Chevron  to develop a cleanup plan
 to address contamination associated
 with the release. The order became
 effective December 11.
    A  release  of gasoline  of un-
 known quantity  was discovered in
 1989 in response to an investigation
 of a traffic accident that damaged a
 premium unleaded gasoline dispens-
 ing line.  The  release was initially
 addressed by the Maryland Depart-
 ment of  the Environment  (MDE);
 however, after  many years of pump-
 and-treat and monitoring, MDE noti-
 fied   the  District of  Columbia
 Department of Health in April 2001
 that a gasoline plume had migrated
 into a residential area in D.C. Cur-
 rent data indicate that the plume has
 migrated approximately 1,600 feet
 into D.C.
    In October 2001, due to the juris-
 dictional issues of cross-state conta-
 mination and at  the request of D.C.
 elected officials  and citizens, U.S.
EPA Region 3 assumed responsibil-
ity for the site. When Chevron has
completed its investigation and rec-
ommends a cleanup plan, EPA will
evaluate the plan and make it avail-
able for public comment.

16 States Pilot Test
Significant Operational
Compliance
Sixteen states, including at least one
from each Region, have volunteered
to take  part in pilot testing  EPA
OUST's  draft revised  significant
operational compliance (SOC) per-
formance measures. These revised
measures are the product of an
EPA/state work group that first met
in June 2002. Each state conducted a
minimum of 20 inspections of UST
facilities, checking for compliance
with regulations contained on two
matrices, one for release prevention
and the other for release detection.
The results from these  pilot  tests
have been analyzed and were pre-
sented  at  the annual UST/LUST
National Conference in March  2003.
OUST expects that when these  mea-
sures become final, the agency will
be  able to obtain  from the states
more accurate and nationally con-
sistent data regarding compliance
with regulations designed to pre-
vent and quickly detect releases. For
more information,  contact  Jerry
Parker at (703) 603-7167. •
 34

-------
                                                                        March 2003 • LUSTLine Bulletin 43
       .        _ _       _^_ Your Vote is Needed!"                      ==


         Should LU.SXUINfi Go Electronic?
Dear Readers,                             I
     These are extraordinarily tough times for state UST/LUST programs. In such times, a publication such as
LUSTLine can play a critical role. Ever since our fjrst issue in 1985, we have worked hard to keep our readers
up-to-date on UST/LUST issues. We promise to Continue to stay on top of these issues and to address your
concerns. This is, after all, your publication.    \
     Like so many of your state and federal programs, we are not immune to budget concerns. In the interest of
cutting costs, EPA's Office of Underground Storage Tanks, the grantor of this publication, has asked us to look
into having LUSTLine go electronic. This would mean dropping the current print version and instead delivering
LUSTLine to you as a PDF file via e-mail.      j
     We know that LUSTLine is a valuable source of UST/LUST/state fund information for many readers and
that some of you save your issues for reference purposes. This is why we instituted the index. On one hand,
such archiving of a hard copy isn't so simple with a PDF file. On the other hand, an electronic LUSTLine would
enable you to read it via computer or print it out and read it at your leisure.
     Please think about how you use this publication and consider the merits of receiving it electronically versus
by mail. Keep in mind, having it both ways is NOT an option—if s either electronic or in print.
    We need to hear from all of you! Do you want to continue to receive this publication in print
by regular mail? Or would you prefer to receive it electronically? Please let us know by filling out the
form in this issue and sending it to us. Or, fill out the online version of the form, available at http://www.neiwpcc.
org/publication.html. Please note that we are also asking you to resubscribe. This will provide us with the infor-
mation needed to make a smooth transition to an electronic version, if that is what our readers prefer.
       Thank you for your continued support oif LUSTLine.
      Sincerely,

      Ellen Frye, Editor
    To continue to recievej LUSTLine, you must fully complete this form and
          return it by mail OR send! the information to us electronically.
         L.U.S.T.LINE
 Name
 Renewal Form

	:       Company/Agency,
 Please choose one:                        !

 Q  I would like to have an electronic PDF version of LUSTLine sent to my e-mail address.

 Q  I would prefer to have a printed copy of LUSTLine mailed to me.

 Please provide both addresses. E-mail Address J	__

 Mailing Address	J	
 Q  One-year subscription. $18.00.            j
                                        . i
 Q  Federal, state, or local government. Exempt from fee. (For home delivery, include request on agency letterhead.)
 Please enclose a check or money order (drawn on a U.S. bank) made payable to NEIWPCC.

 Send to: New England Interstate Water Pollution Control Commission
       Boott Mills South, 100 Foot of John Street, Lowell, MA 01852-1124
       Phone: (978) 323-7929 • Fax: (978) 323-7919 • lustline@neiwpcc.org • www.neiwpcc.org
 Comments:	                     '
                                                                                           35

-------
Should
g°
,  ^  ..   I-1  crToni\iir
totally LLCL i ix'-'i iiL
   We  need your vote.
i
                            See page 35
LU.ST.UNE
New England Interstate Water
Pollution Control Commission
Boott Mills South
100 Foot of John Street
Lowell, MA 01852-1124
 LUSTLine T-Shirts
  TWO HBW WACKY designs
  BMMtrUKIUM attaint, lint Ma

  TWO colon... red and black

 TWO vorslons... long and short sleeve

    Lento steva $17,00
    Snort shave S13,00
    Sbes: H,L,X, XXL
TO O»t«»S«idd«cknk»«r»ioioiiU.S.fcmfamIy)lo;
     NErvvpcc
  Bootl Mills South, 100 Fool of John Street
    Lowell. MA OI8S2-I124
  Td; (978) 323-7929 • Fax (978) 323-7919

-------