SECTION 1. The legislature finds that underground storage tank and tank system regulations are intended to protect the environment by preventing the release of petroleum and hazardous substances into the environment. According to the Environmental Protection Agency, field-constructed underground storage tanks and tank systems pose a substantial threat to human health and the environment.

The legislature further finds that the Red Hill bulk fuel storage facility, the State's largest field-constructed underground storage tank system, stores more fuel in a single location than any other underground storage tank in Hawaii. The facility stores up to 187,000,000 gallons of fuel per day and is located only one hundred feet above a primary drinking water source. However, chapter 11-281, Hawaii Administrative Rules, exempts field-constructed underground storage tanks and tank systems, including the Red Hill bulk fuel storage facility, from the requirements that must be met by other owners and operators of underground storage tanks or tank systems. Providing the State's largest field-constructed underground storage tank with an exemption from regulatory requirements that must be met by other underground storage tank and tank system owners is extremely detrimental to human health and the environment.

The purpose of this Act is to protect the State's underground drinking water sources and surrounding environment by requiring the department of health to establish rules that require field-constructed underground storage tanks or tank systems to meet the same requirements that must be met by all other owners and operators of underground storage tanks or tank systems under chapter 11-281, Hawaii Administrative Rules.

SECTION 2. The department of health shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to require that all field-constructed underground storage tanks and tank systems currently exempt under chapter 11-281, Hawaii Administrative Rules, meet all the requirements that must be met by all other owners and operators of underground storage tanks and tank systems under chapter 11-281, Hawaii Administrative Rules, including but not limited to the following requirements:

(1) Field-constructed underground storage tanks and tank systems with capacity less than or equal to 50,000 gallons shall be monitored using release detection methods authorized in chapter 11-281, Hawaii Administrative Rules;

(2) Field-constructed underground storage tanks and tank systems with capacity greater than 50,000 gallons shall be monitored using release detection methods authorized in chapter 11-281, Hawaii Administrative Rules, or one of the following release detection alternatives:

(A) Daily bulk tank tightness test to detect a 0.5 gallon per hour leak rate;

(B) If using an automatic tank gauging system to perform release detection, which can detect a leak rate of one gallon per hour or less. At least weekly, this method shall be used in combination with a bulk tank tightness test that can detect a 0.2 gallon per hour leak rate; and

(C) If using an automatic tank gauging system to perform release detection, which can detect a leak rate of two gallons per hour or less. At least daily, this method shall be used in combination with a bulk tank tightness test that can detect a 0.2 gallon per hour leak rate;

(3) Bulk tank tightness testing shall be capable of detecting at least 95 per cent of leak rates with less than a 5 per cent probability of a false detection;

(4) All recordkeeping requirements shall be in accordance with chapter 11-281, Hawaii Administrative Rules;

(5) New or replaced field-constructed underground storage tanks or tank systems installed after July 1, 2015, shall be secondarily contained and interstitial monitored in accordance with title 40 Code of Federal Regulations section 280.43(g);

(6) Field-constructed underground storage tanks or tank systems shall meet corrosion protection, spill, and overfill requirements of chapter 11-281, Hawaii Administrative Rules;

(7) Field-constructed underground storage tanks or tank systems installed on or before July 1, 2015, may be constructed of metal and shall be cathodically protected according to a code of practice developed by a nationally recognized association or independent testing laboratory and shall meet the following criteria:

(A) Field-installed cathodic protection systems shall be designed by a corrosion expert to allow for the determination of current operating status for impressed current systems and operated and maintained in accordance with chapter 11-281, Hawaii Administrative Rules;

(B) Field-constructed underground storage tanks or tank systems over ten years old without cathodic protection shall be assessed to ensure that the tanks are structurally sound and free of corrosion holes prior to adding cathodic protection. The assessment shall be by an internal inspection or another method determined by a nationally recognized corrosion association; and

(C) Field-constructed underground storage tanks or tank systems installed on or before July 1, 2015, that are not cathodically protected or do not meet the release detection requirements shall be secondarily contained and interstitial monitored in accordance with title 40 Code of Federal Regulations section 280.43(g);

(8) Field-constructed underground storage tanks or tank systems installed on or before July 1, 2015, shall be upgraded by July 1, 2025, or shall be permanently closed in accordance with chapter 11-281, Hawaii Administrative Rules; and internal linings shall not meet the corrosion protection upgrade requirement; and

(9) Vapor monitoring and groundwater monitoring of field-constructed underground storage tanks, tank systems, or piping shall not be used as methods of release detection; and owners and operators of field-constructed underground storage tanks, tank systems using vapor monitoring and groundwater monitoring as methods of release detection prior to July 1, 2015, shall have five years to implement another release detection monitoring method in accordance with title 40 Code of Federal Regulations part 280 subpart D.

SECTION 3. This Act shall take effect on July 1, 2015.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1168
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII