Goal(s) and objectives of practice
The goal of the Nassau County Department of Health: Licensing of Petroleum Bulk Storage Tank Contractors” practice was to assure that all petroleum tanks in Nassau County are installed, repaired, tested, and operated in a manner that will protect the public health by preventing the release of petroleum into the ground, thereby protecting the sole-source aquifer.
The practice had two main objectives. First, the Department implemented licensing exams using manufacturers' guidelines, industry standards, and regulations to ensure that those contractors installing, repairing, testing, and removing petroleum tanks in Nassau County are adequately trained and competent. Second, the Department developed procedures that contractors must follow while they work on these petroleum tanks. These procedures include inspections by the Department and documentation that the contractors must complete in order to verify that the work was conducted properly. This ensures that all items involved in the installation, removal and/or testing of each storage tank and associated equipment are evaluated and properly certified by qualified individuals and/or entities. With these two objectives successfully met, the risk of petroleum discharging into the soil and groundwater has been substantially mitigated.
What did you do to achieve the goals and objectives? Steps taken to implement the program
The practice was initiated through the delegation of PBS regulations from the NYSDEC to the Department. Following the delegation, PBS regulations were codified in Article XV of the Nassau County Public Health Ordinance (NCPHO). At this time, the Department reviewed assumed responsibility for the oversight of the licensing and work of contracting companies that install, remove, repair and test PBS tank systems, which was previously regulated by the Nassau County Fire Marshal (NCFM). An extensive review of the existing licensing procedures for PBS tank contractors found that there were numerous deficiencies in both formal training and experiential requirements that contractors should meet before engaging in such work, which was previously oversaw by NCFM before the delegation. Additionally, there were no set procedures to ensure that contractors were correctly installing, repairing, or removing petroleum tank systems.
To better reflect the manufacturers' guidelines, industry standards, and regulations within the testing documents and to develop proper procedures for construction, the staff at the Department went through extensive training on the subject matter. The first portion of this training included reading through guidance documents including Recommended Practices for the Testing and verification of spill, overfill, leak detection, and secondary containment at UST facilities” (PEI/RP1200-12), Understanding line leak detection equipment” (California Environmental Protection Agency), and UST Systems: Inspecting and maintain sumps and spill buckets” (USEPA). This was a good basis for staff to learn the terminology and tank components and how these components properly operate. The staff then attended training on tank testing techniques from Leighton O'Brien, training on Fiberglass Storage Tank Installation Instructions and Operating Guidelines” from tank manufacturer Containment Solutions, Authorized Service Contractor Training for Proteus Electronic Monitoring System” from telemetry system manufacturer Omntec Corporation, a seminar on petroleum tank regulations from the NYSDEC and the USEPA, and joint facility inspections with NYSDEC authorized inspectors. The Department also conducted in-person meetings and conference calls with many of the licensed contractors to gain a better understanding of their experiences and field conditions that they encounter. This training took approximately three months to complete.
Regarding the licensing of contractors, it was determined that in order to ensure that the highest quality of installation, maintenance and system testing work is conducted the following requirements needed to be implemented by the Department:
First, the contractor must complete and pass certified tank manufacturer training in order to ensure that the contractor has been exposed to, and comprehends, the proper procedures in transporting, handling and installing tank systems. This training must be given directly from a specific tank manufacturing company and proof of training completion must be provided to the Department.
Next, the contractor must complete and pass certified electronic monitoring equipment manufacturer training in order to confirm that the contractor has been exposed to, and comprehends, the proper procedures in installing, testing and maintaining all probes, sensors, panels and other electronics associated with petroleum storage tank systems. This training must be given directly from a specific electronic telemetry company and proof of training completion must be provided to the Department.
Finally, the contractor must pass a written exam administered by the Department that ensures that all local regulations regarding petroleum tanks are understood, as well as verifying the training described previously. Application forms were developed for the contractors that wanted to be licensed. These exams were 40 question multiple choice exams that required a minimum of 70 percent correct to pass. There were several different versions of the exams administered to ensure the integrity of the exam. Questions were designed with guidance from PEI documentation, including relevant information about tank procedures as well as site safety. In addition, specific items included in Article XV of the NCPHO were used as a source for questions in order to ensure that candidates were familiar with the local regulations. Upon the passing of an exam, the Department issued Certificates of Fitness and identification cards to the qualified entities.
After the members of the staff involved with this practice completed their training, the Department reviewed the existing procedures that petroleum tank contractors used while performing tank work and found that there were numerous deficiencies. To better reflect the manufacturers' guidelines, industry standards, and regulations the Department developed a set of procedures for petroleum tank contractors to follow. These procedures covered installing, repairing, testing, and removing petroleum tank systems.
To develop these procedures, the Department utilized various resources. Two such resources were the Inspection & Maintenance of Motor Fuel Dispensing” best practice standard (PEI/RP500) and the Installation of Underground Liquid Storage Systems” best practice standard (PEI/RP100). The RP500 published by the PEI provided a basic reference that consolidated information from equipment manufacturers, installers, and end users concerning the proper inspection and maintenance of motor-vehicle fuel-dispensing equipment. RP500 provided the most current information on sound engineering and construction procedures with regard to the proper installation of underground liquid storage systems. The document contains sections on excavating, backfilling, anchoring, piping, release detection, cathodic protection, secondary containment, and other aspects of tank system installation. Other documents used were Standard 653: Tank Inspection, Repair, Alteration, and Reconstruction” and Standard 650: Welded Tanks for Oil Storage” both by the API. These two documents effectively covered procedures for installing, repairing, removing, and testing aboveground tanks.
Nassau County is a suburban county that is densely populated. As such, some of the best practice standards available might not be feasible to follow at smaller facilities. In addition to consulting best practice standards, the Department also reached out to approximately 80 percent of all licensed contractors in an effort to solicit their opinions and learn from their experiences. The Department received feedback from approximately half of the 88 licensed contractors. Many of the petroleum tank contractors tried to follow the best practice standards as close as possible when practical.
By taking relevant information from the best practice standards, incorporating NCPHO Article XV regulations, and learning what the licensed contractors experienced in the field the Department was able to generate procedures that are safe, effective at protecting the environment and the public, and practical for real world situations. This process of developing testing documents and procedure forms took the Department approximately 3 months to complete.
When the Department was first delegated the authority to regulate PBS facilities within Nassau County, the contracting companies that had conducted tank installations, removals and functionality & tightness testing evaluations existed on a listing held by the NCFM. This inherited list only contained rudimentary, and often incomplete, information such as company name, phone number and mailing address. This list was improved upon by acquiring and adding e-mail addresses and updating other contact information. This initial process resulted in the discovery that several contractors were no longer active. As policies regarding this practice were developed, mass mailings and e-mails were sent out to each contractor in order to make them aware that these procedures were being implemented as of specific dates. Additionally, an in-house policy of having Department inspectors observe approximately 50 percent of all tank testing and 100 percent of all installations further allowed for the dissemination of the new policies from the Department to the contractors. Within a matter of only a few months, all contracting companies were aware of, and were actively implementing, the required policies.
What was the timeframe for the practice? Were other stakeholders involved?
This practice has been in place for the past year and a half. The Department was able to develop this practice within one year. Several stakeholders were involved in helping the Department develop this practice, including numerous local contracting companies that assist regulated facilities in maintaining compliance, other government agencies including the USEPA, NYSDEC, and the NCFM, tank manufacturers Containment Solutions, Xerxes Corporation, and Roth USA, telemetry system manufacturers Omntec and Veeder-Root, and trade organizations APE and PEI.
What was their role in the planning and implementation process? What does the LHD do to foster collaboration with community stakeholders? Describe the relationship(s) and how it furthers the practice goal(s)
To best develop the licensing exams and construction/testing procedures, several manufacturers were contacted and provided the Department with training seminars. Over a three-month period, manufacturers of certain components such as belowground double walled fiberglass tanks, belowground double walled flexible piping, electronic tank monitoring, and primary and emergency tank venting visited the Department to provide training on their products to a staff of twelve people. This staff consisted of ten sanitarians and two public health engineers. These in-person training seminars lasted anywhere from an hour and a half to four hours. By providing the Department with this free training, manufacturers were able to demonstrate that their products would meet or exceed regulations. The Department expanded its knowledge of these products, which allowed it to develop more pertinent questions on the licensing exams and how to correctly develop construction/testing procedures for these products. This also gave the manufacturers better insight to the concerns the Department has with certain tank systems, allowing them to draw on these concerns when designing new products.
Numerous contractors also had a role in planning and implementing this new practice. The Department reached out to approximately 80 percent of all licensed contractors by calling and emailing them in an effort to solicit their opinions and learn from their experiences. Over half of the 88 contractors responded and described certain procedures that they used while they worked on tank systems. By having a number of companies explain how they worked on tanks and the problems that they encountered, the Department was able to gain a better understanding of what procedures would work best. This understanding helped develop a standard set of procedures that could be used across a multitude of tank systems and situations. Various licensed contractors expressed their satisfaction with the practice stating that having all of the procedures standardized and explained in a concise way made the application and permitting process faster. The licensed contractors also were pleased with the licensing portion of the practice. These licensed contractors take pride in their work, and by having a license from the Department, it gives their clients a degree of reassurance that their contractor will do the correct work. This licensing requirement also prohibits non-licensed contractors from performing tank work. In the past, companies that didn't follow all of the required and recommended practices could underbid companies doing the correct work. Today, licensed contractors even inform the Department if they know of any unlicensed work that is ongoing. This unintended positive outcome demonstrates the sustainability of the practice as a large number of stakeholders have incentives to keep the practice in place.
The NYSDEC and the NCFM additionally provided the Department with assistance in planning this practice. Having delegated the authority to regulate petroleum tanks to the Department, the NYSDEC conducted a week long, in person conference with the Department, and several teleconferences thereafter. The NYSDEC provided the Department with guidance and information on standard procedures that they had seen across the state. The NCFM also shared the experiences they had with the Department. The NCFM provided the Department with a list of many of the contractors who had previously worked on petroleum tanks in Nassau County. By utilizing the experiences and knowledge of two different government agencies, the Department was able to enact this practice faster than anticipated.
Any start up or in-kind costs and funding services associated with this practice? Please provide actual data, if possible. Otherwise, provide an estimate of start-up costs/ budget breakdown.
The Nassau County Department of Health: Licensing of Petroleum Bulk Storage Tank Contractors” practice is an internal program that is staffed by Department personnel. The personnel involved with this practice also carry out other duties such as plan review, enforcement, inspections, etc. The tank manufacturers, telemetry system manufacturers, trade organizations, and other government agencies provided the Department with training at no cost, therefore there was no start-up cost to train staff associated with this practice beyond the man-hours invested in the initial training and other aspects of the practice's development. Additionally, all the manufacturers came to the Department, so there was no need to have staff travel. This is largely due to an effort on their part to demonstrate to the Department the integrity of their products, create networking connections, and initiate open lines of communication with the Department.
The revenue the Department received from new licensing exams and renewals in 2017 totaled $9,700 and in 2018 totaled $7,775. While the goal of this practice is to assure that all petroleum tanks in Nassau County are installed, repaired, tested, and operated in a manner that will protect the public health and the sole-source aquifer, it is estimated that this practice is self-sustaining based upon the fees collected for licensing exams and renewals.