Spill Prevention through Flexible Permitting of Major Aboveground Storage Tank Facilities in Minnesota

摘要

During the early 1990's, regulation of aboveground storage tanks (ASTs) in Minnesota suffered from a lack of consensus over appropriate safeguards to protect surface waters and groundwater from leaks and spills. Existing rules required impermeable spill containment, very expensive to retrofit large steel tanks. Both a rulemaking effort by the Minnesota Pollution Control Agency (MFCA) and a series of government-industry workgroup meetings had produced a political stalemate. Rather than return to rulemaking, the MPCA initiated an innovative permitting program for the state's largest, highest risk AST facilities. The one-size-fits-all general permit previously in effect would be replaced with a negotiated site-specific permit based on a prevention model of tank management. As an incentive for participation, the MPCA developed a new matrix of permeability requirements that were risk-based and could vary tank by tank depending on the toxicity, mobility and corrosion potential of the stored substance and the environmental sensitivity of the site (location of surface and groundwater). Companies could also choose among cost-effective leak prevention and detection technologies and management procedures. After three years, more than three-quarters of the state's 75 major facilities are permitted and no company is pursuing a legal challenge. Industry believes the requirements are being applied fairly between companies, yet flexibility is available for unique features of the site and operation. Fewer leaks and spills have been reported. These risk-based and prevention-based permits have a high degree of customer acceptance and in many cases a higher level of environmental protection.