
The policies set out in this document do not represent final agency action and are intended solely as guidance. They are not Intended, nor can they be relied upon, to create any rights enforceable by any party in litigation with the State of Hawaii. Department of Health officials may decide to follow the guidance provided in this document or to act at variance with the guidance, based on an analysis of specific factual circumstances. The Department also reserves the right to change this guidance at any time without any notice or hearing.
The policies set out in this document do not represent final agency action and are intended solely as guidance. They are not Intended, nor can they be relied upon, to create any rights enforceable by any party in litigation with the State of Hawaii. Department of Health officials may decide to follow the guidance provided in this document or to act at variance with the guidance, based on an analysis of specific factual circumstances. The Department also reserves the right to change this guidance at any time without any notice or hearing.
UNDERGROUND STORAGE TANK PROGRAM UST/LUST INSPECTOR MANUAL 
STATE OF HAWAII                                                                DEPARTMENT OF HEALTHSEPTEMBER 2018                                                                           2018
                                                                           2018



                                        TABLE OF CONTENTS

SECTION 1	INTRODUCTION

1. 1	Purpose of the Manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
                                   . . . . .
                                       8
1.2       The Role of the Inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
                                   . . . . .
                                       8
    1.3	    Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


                                       9
          1.4    	Program Organization and Activities . . . . . . . . . . . . . . . . . . . . . .      
. . . . .
                                  10         
 SECTION 2    SELECTING AN INSPECTION SITE
      General Discussion	12
        2.2      Operation Inspections	12
 Inspection Strategy	12
      Facilities Registered with the Department	12
      Facilities Not Registered with the Department	13
        2.3       Installation, Closure or Repairs of UST Systems	13
       LUST Site Visits	14
       Complaints	14
       Change in Service	14
       Meetings/Public Outreach/Presentations	14
        Inspections	15
       Permits	15
               2.10    Tracking Data Collection	15
 SECTION 3	PREPARING FOR AN INSPECTION
               3.1	General Discussion	4-1
       Facility Files	4-1
       Facility Information Review	4-2
       Inspection Equipment	4-2
       Written Materials to Take to the Inspection	4.3
        3.6       Notification of Other Officials	4-4
 SECTION 4	UST OPERATIONS INSPECTIONS
       General Discussion	19
       Release Detection	19
                          4.2.1   Inventory Control and Tank Tightness Testing	5-1
 Statistical Inventory Reconciliation (SIR)	5-2
               Manual Tank Gauging	5-2
               Automatic Tank Gauging	5-3
               Ground-Water Monitoring	5-4
               Soil Vapor Monitoring	5-5
               Interstitial Monitoring (Double Walled Tanks and Piping)	5-5
               Line Tightness Testing	5-6

              Automatic Line Release Detection	5-7
              Exempt Suction Piping	5-7
                4.3        Spill and Overfill Prevention	5-7
 Spill Containment	5-8
 Overfill Prevention	5-8
                4.3.2.1      Drop Tube Flap/Float Overfill Prevention	5-8
                4.3.2.2.     Ball Float Overfill Prevention	5-8
               4.3.2.3     Overfill Alarm	5-8
        Corrosion Protection Systems	5-8
 New Tank and Piping Installation	5-9
                     4.4.1.1     Sacrificial Anode (Galvanic System)	5-9
     Impressed Current System	5-11
            Existing Metal Tank Upgrades	5-12
 Internal Lining	5-12
                    4.5.2   Cathodic Protection	5-12
 Combination Internal Lining and Cathodic Protection	5-13
             4.6       Existing Metal Piping Upgrades	5-14
             4.7       Financial Responsibility	5-14
             Table 4.1--Financial Responsibility Requirements	5-16
Appendix 5--UST Operations Inspection Checklist 
SECTION 5	UST INSTALLATION INSPECTIONS 
      Preparation for Installation Inspection	6-1
             5.2      Installation Inspections	6-1
Appendix 5--UST Installation Inspection Checklist and Key SECTION 6	UST CLOSURE INSPECTIONS
       General Discussion	7-1
       Preparation for Site Inspection	7-1
       Site Inspection	7-1
      UST Removal Procedures	7-2
      UST Closure-in-Place	7-2
  6.3.3       Temporary Closure	7-3
 Appendix 6-A--UST Closure Inspection Checklist SECTION 7--SUSPECTED RELEASES
              7.1       General Discussion	8-1
             Figure 7.1--Suspected Release Notification	8-2
       Notification of a Suspected Release	8-3
       Discovery of Suspected Release During and Inspection	8-3
              7.4       System Tests	8-4
          7.4.1 System Tests in Response to Results for Release Detection Methods . . 8-4 
       Site Assessment	8-5
      Seven Day Notification	8-6
      Suspected Release Disconfirmation Report	8-6
       7.8      Suspected Release Confirmed	8-6
             Table 7.1--Recommended Chemical Analysis for UST and Release
Response	8-7
SECTION 8--RELEASES
               8.1	General Discussion	9-1
       Log-in and Case Assignment	9-1
       Field Inspection	9-2
     Field Inspection for Release Notification	9-3
                                 8.3.1.1  Equipment for Field Inspection of a Release Notification .....9-4
              Field Inspection for Site Investigation or Remedial Activities	9-4
                        8.3.2.1Equipment for Field Inspection of a Site Investigation or Remedial        Activity........................................................................................................................9-5
              Preparation of Report of Field Inspection Findings	9-6
        Report Review for Release Response	9-6
              UST Closure/Release Response Report	9-6
              Quarterly Progress Reports	9-7
                    Corrective Action Plan (CAP)	9-7
              Other Reports	9-7
              Considerations	9-7
       Appendix 8-A--Standard Operating Procedures for Processing a Confirmed Release Appendix 8-B--DOH - SHWB LUST Facility Inspection Record
 Appendix 8-C--Response Letter Example SECTION 9--ENTRY
        1    General Discussion	10-1
      Courteous Notice For the Facility	10-1
      State Authority for Entry	10-1
      Obtaining Consensual Entry	10-2
      Procedures for Proper and Lawful Entry	10-2
      Denial of Entry	10-3
     Emergency Situations	10-3
     Non-Emergency Situations	10-4
                            9.6.3        Denial of Access During the Inspection	10-4
        Securing and Inspecting with Court-Ordered Access and Search Warrants	10-4
 SECTION 10--HEALTH AND SAFETY DURING INSPECTIONS
        .1	General Discussion	11-1
    Chemical Exposure	11-1
             Exposure to Hydrocarbon Fuels	11-1
             Measuring Exposure	11-1
               10.2.3              Exposure to Hazardous Chemicals	11-2
        Explosion and Fire Risks	11-2
 Other Safety Hazards at UST Sites	11-3
        Site Safety Plan	11-4
 SECTION 11--CONDUCTING INSPECTIONS
11. 1
  General Discussion. . . . . . . . . . . . . . . . . . . . . . ..........
. . . . . . . . ...
 . . . .... .12-1
11. 2
 Holding Opening Conferences . . . . . . . . . . . . . . . ......
. . . . . . . . ...
        12-1
11.3
 Recognizing and Responding to Serious Environmental
Problems . .
   . . . . . 12-3
11.4	Establishing Evidence and Gathering Documentation	12-3
11.5
  Inspecting Records. . . . . . . . . . . . . . . . . . . . .
                                      . .
                                      . .
                                                                  . . . . . . .
                                    . . . .
                                      12-4
11.6
  Taking Field Notes . . . . . . . . . . . . . . . . . . . . . .
                                      . .
                                      . .
                                                                  . . . . . . .
                                    . . . .
                                      12-7
11.7
  Taking Photographs . . . . . . . . . . . . . . . . . . . . .
                                      . .
                                      . .
                                                                  . . . . . . .
                                    . . . .
                                      12-8
11.8
   Sampling and Analysis . . . . . . . . . . . . . . . . . . .
                                      . .
                                      . .
                                                                  . . . . . . .
                                    . . . .
                                     12-11
11.9
               Drawings, Sketches, Maps and Diagrams/1. . . . . .
                                      . .
                                      . .
                                                                  . . . . . . .
                                    . . . .
                                     12-16
  Conducting Interviews	12-16
       11.11   Citing a Violation	12.19
                11.11.1 Determining if a Violation has Occurred	12-19
                      11.11.2 Criminal Violations . . . . . . . . . . . . . . . . . . . . . . . . . . .
   
12-20
        11.12     Maintaining a Professional Demeanor . . . . . . . . . . . . . . . . . . . . .
. . .
12-20
SECTION 12	Closing Conference AND Inspection Follow-up for Other Field Citations





 General Discussion	13-1
 Closing Conference	13.2
                    12.2.1   Summarize Preliminary Field Results and Observations	13-1
                  12.2.2  Describe Potential Violations Discovered During the Inspection . .... 13-1              12.2.3   Explain Follow-up Procedures	13-2
     Completing an Inspection Report	13-2
     Completing Other Inspection Documentation	13-6
   Initial Enforcement Action	13-6
   Provide Data Base Updates	13-6
   Identify Photographs	13-6
                            12.4.4    Send Copies of Documentation to the Owner or Operator	13-6
        Referring Cases for Escalated Enforcement	13-6
        Notifying Other State, Federal, or Local Agencies of Violations	13-6
        Conducting Re-Inspections	13-7
 SECTION 13--FIELD CITATIONS
           1	General Discussion	14-1
 Criteria for Using Field Citations	14-1
 Penalties	14-1
 Determining the Use of a Field Citation	14-2
 Form of the Field Citation	14-2
 Issuing a Field Citation	14-3
 Extensions of Time	14-3
 Withdrawal of the Citation Because of Immediate Compliance	14-4
 Amended Citation	14-5
 Follow-up	14-5
 Handling Disputes over Violations	14-5
  Publicizing Field Citations	14-6
              13.13    Providing Data Base Updates	14-6
       Appendix 13-A--Field Citation Penalties Appendix 13-B--Field Citation Form Appendix 13-C--Citation Withdrawal Letter
 SECTION 14--ADDITIONAL CONSIDERATIONS FOR INSPECTORS
       14.1     General Discussion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..........15.1
       14.2	Confidential Business Information	. . . . . . . . . . . . . . . . . . . . .........   15.1
      Public Review of Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... 15.2
     Ethical Considerations and Conflict of Interest . . . . . . . . . . . . . .........15.4
     Department Review of Facility Records............................................15-8
                         14.5.1     Permit Applications....................................................15-8
 Installation and Operation Permit......................15-9
                    Modification of Permit and notice of changes.......15-9
                    Changes in Owner or Operator for a Permit	15-10
              Application for an UST Variance	15-10
             Procedures to Request Information	15-10
               Procedures to Receive Information	15-11
          Received in Person	15-11
                                           14.5.4.2               Telephone Calls	15-11
                       14.5.4.3	        Mail	15-12
                       14.5.4.4	        FAX	15-12
                        14.5.4.5	         E-mail (electronic mail)	15-13
              Procedures to Evaluate Information	15-13
              Procedures to Investigate Information	15-14
                       Procedures to Retain Information..............................15-14
                     UST-Access .......................................................15-14
                     Facility and Release Files........................................15-14
                        Facility  Files..............................................15-15
                        Release Files..............................................15-16
 Procedures to Enforce Against Failure to Respond to Request for Information..................................................................15-16
                Citizen Complaints...............................................................15-16
                Data Collection/Maintenance................................................... 15-17
   Appendix 14-A--Communications Log Sheet Appendix 14-B--inspection Confirmation Letter Appendix 14-C--Meeting Summary 
   Form Appendix 14-D--Standard Interview Form Appendix 14-E--Release Notification Form Appendix 1 4-F--SHWB Complaint Form
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
			GLOSSARY OF ABBREVIATIONS AND ACRONYMS

 ACGIH	American Conference of Governmental Industrial Hygienists
 ANSI 	American National Standards Institute
 API 		American Petroleum Institute
 BTEX	benzene toluene, ethylbenzene, xylene
 CAB		Clean Air Branch
 CFR 		Code of Federal Regulations
 CGI      	combustible gas indicators
 CNS		central nervous system
CPR		cardiopulmonary resuscitation
 CRN 		Confirmed Release Notification
 CWB 		Clean Water Branch
 DLIR 		Hawaii Department of Labor and Industrial Relations
 DLNR		Hawaii Department of Land and Natural Resources
 DOD 		Hawaii Department of Defense
 DOH 		Department of Health
 DOSH 	Division of Occupational Safety and Health
 DOT		Hawai'i Department of Transportation
 EDB 		ethylene dibromide
 EDC		ethylene dichloride 
 Ely 		ethylene glycol 
 EPA 		Environmental Protection Agency 
 FID		flame ionization detector 
 FSP		field sampling plan
 GC 		gas chromatograph
 HEER		Office of Hazard Evaluation and Emergency Response
 HRS		Hawaii Revised Statutes
 IDLH		immediate danger to life or health
 IRIS		Integrated Risk Information System
 LEL 		lower explosive limit
 MCL 	maximum concentration limit
 MSHA	Mine Safety and Health Administration
 MTBE 	Methyl tert-Butyl Ether 
 NFPA 	National Fire Protection Association
 NIOSH   	National Institute for Occupational Safety and Health
 O/O            Owner/Operator
 UDC


                                                      
                                                      
                                                      
                                                      
                                                      
                                                      

                                   SECTION 1
                                                      
                                 INTRODUCTION
                                                      
 1.1     General Discussion
 As an inspector, it is important for you to understand the legal and regulatory framework of the  
 UST program. This section provides a brief description of:

 The federal authorities
 The state authorities; and
 The Hawaii UST program organization and activities.

      Legal and Regulatory Framework for the UST Program
  The legal and regulatory framework of the UST program is derived from both federal and state  
  authorities. On the federal level, there are currently comprehensive regulations covering the 
  construction and operation of USTs.  Owners and operators (O/O) of regulated USTs in Hawaii   
  must comply with these regulations. Hawaii has adopted state rules for new and existing USTs that 
  are no less stringent than the federal regulations. O/O are required to comply with Hawaii 
  Administrative Rules 11-280.1 as of July 25, 2018. Below are more detailed descriptions of the 
  federal and state authorities and how they interact.
  
  1.3     Federal Authorities
  Because of growing concern over the effects of releases from USTs, the United States Congress in  
  1984 amended the Resource Conservation and Recovery Act by adding Subtitle I and creating a 
  national program for USTs (42 UST Section 6991 et seq). Subtitle I gave the U.S. EPA the 
  authority to promulgate comprehensive regulations for USTs. EPA promulgated such regulations 
  in 1988, setting forth requirements addressing notification of existing USTs; tank design, 
  construction, installation, and upgrade; general operating requirements; leak detection; release 
  reporting, confirmation, and investigation; release response and corrective action; and out-of-
  service and closure requirements. EPA's regulations allow states to develop their own UST 
  regulations and programs. If a state's regulations are "no less stringent" than the federal 
  regulations and the state has the capacity to adequately enforce the regulations, the state can be 
  approved to carry out the program. Once a state is approved, the state's regulations supersede the 
  federal regulations.

  It is within this legal and regulatory framework that UST inspectors train and become experts in   
  the supervision and regulation of UST systems in the state of Hawaii.  

  1.4     Purpose of the Manual 
 This manual presents the policies and procedures for conducting underground storage tank (UST) facility compliance and release inspections by the Hawaii Department of Health (the Department) UST Program. The manual is intended to guide you, the inspector, through every stage of an inspection and the assurance of Owner/Operator compliance. Adhering to the procedures outlined in this manual will help you ensure uniform and effective implementation of Hawaii's UST laws and regulations. 
 
 All staff in the UST Program, including those not directly responsible for conducting inspections, should be familiar with the information contained in this manual. In addition, inspection and enforcement staff in other programs may find this manual useful in understanding how the UST compliance inspection program interacts with other Department programs.

 Besides your responsibilities in the field, you have other tasks such as responding to requests for information and reviewing various submittals from facilities. These activities are also outlined in this document.

  1.5     The Role of the Inspector
 The inspector is the front-line of Hawaii's UST program. The functions the inspector performs at an inspection vary. These functions include representing the Department, fact-finding, developing enforcement cases, providing technical assistance, and serving as a technical advisor to the Department. Performing these functions requires a diverse set of skills and thorough training and preparation. Also, a competent inspector must be able to detect violations, understand her role in the UST program, communicate effectively with a variety of people, and be detail oriented. Below, we describe the 5 roles of an inspector in greater detail.

 Official representative of the Department. The inspector is the official representative of the Department and is often the only Department official the UST O/O will meet. Therefore, the inspector must be tactful, diplomatic, and professional.

 Fact-finder. The inspector is a fact-finder who must determine whether a facility is in compliance with UST regulations. Fact-finding requires the inspector to know and understand all UST regulations to be able to determine whether a facility is in compliance.

 Enforcement case developer. The inspector also has the initial responsibility to develop enforcement cases against facilities that violate rules and regulations. The inspector can be a potential critical witness in any government enforcement case, who would have collected key evidence through inspections in a potential case. Any inspection can lead to an enforcement action. The inspector must keep this in mind throughout the inspection because any recorded actions could come under strict judicial scrutiny later.

 Technical educator. The inspector is also a source of regulatory information for the O/O on the options available to them to be in compliance. Likewise, the inspector may provide technical assistance by directing O/Os to sources of technical information but must be careful not to become a free "government consultant."

 Technical authority. The inspector is a technical authority, who may be called upon to help the Department interpret regulations, assess the adequacy of control measures, interpret technical data, and assess environmental impacts. The more careful and thorough the inspector is about performing inspections, the more valuable a technical authority she will become.

  1.6     Training 
 Mastering this manual is one step towards developing the skills necessary to fulfill the inspector's roles. The inspector should also be familiar with the guidebooks and handbooks referenced in this manual which are available on line.

 New inspectors receive considerable on-the-job training in State rules implementation, in proper UST inspection procedures, and field citation procedures. The new inspector will accompany an experienced State inspector, until the former is able to lead her own inspections. New inspectors must review video and workbooks on various aspects of UST and Leaking Underground Storage Tank (LUST) compliance, referenced in this manual. All inspectors are required to take a 40-hour health and safety training, with an applicable 8-hour refresher course. When available, inspectors will receive basic OSHA training. Inspectors are enrolled in the State's medical monitoring program. As resources and opportunity allow, new and experienced inspectors receive other classroom training. These classes are provided by contractors, mainland universities, and EPA. Courses include:

 EPA's Basic Inspector Training
 UST Inspection Training
        Basic and advanced Enforcement Training
        Release detection requirements and inspections training
        UST Installation supervision training
        UST Upgrading, Interior Linings & Corrosion Protection inspection training
 UST Removal: Technical & Regulatory Aspects and Remediation Method training  
 UST Removal: Petroleum-Hydrocarbon-Contaminated Sites training
        Modeling Subsurface Hydrocarbons & Natural Attenuation
 How to conduct efficient meetings training, and
 Conflict management training
 
 UST inspectors and managers participate in regional and national UST meetings, various industry conferences in Hawaii and on continental United States.

  1.7     Program Organization and Activities
 The UST program is administered by the UST Section, one of 3 sections in the Solid and Hazardous Waste Branch (SHWB) of the Environmental Management Division of the Department of Health. The UST program is responsible for regulating tanks or tank systems used to store hydrocarbon fuels, such as gasoline and diesel fuel, and hazardous substances.

 Four major direct program activities of the UST program include the following:

 Education of UST owners and operators. In general, UST O/Os are not  
              experienced or well versed in dealing with the Department's environmental 
              regulations. The UST program invests considerable staff time to educate 
              O/Os about regulatory requirements. This education is often achieved 
              through mass mailings, mass emails, public meeting holdings, and 
              answering O/O questions over the phone. 

              Inspection of UST facilities. To ensure O/Os comply with regulations, the UST program conducts on-site facility inspections. These inspections are the most direct method to monitor compliance and establish the program's presence in the regulated community.

             Enforcement. When State rules violations are noted, the Department has    
                    authority to enforce State rules and take direct action against the      
                    violator. The Department has authority to issue penalties up to $25,000 for 
                    each tank for each day of violation. The most common method used to  
                    detect violations is through initial inspections. Thus, inspections play a key 
                    role in enforcement actions. Refer to the UST/LUST Enforcement Manual   
                    for details on conducting enforcement in Hawaii.

            Oversight of UST cleanups. The LUST program responds to releases from USTs and oversees the remediation of contaminated soil and ground water. UST remediation or corrective action is usually carried out by a contractor hired by the O/O. The LUST program has the responsibility of ensuring that the contractor cleans the site adequately so that the potential threat to human health and the environment is eliminated. This oversight may involve visiting corrective action sites, reviewing cleanup plans submitted by contractors, and reviewing the results of soil and ground­ water analyses.
                                       
                                       
                                       
                                       
                                       



                                   SECTION 2

                      SELECTING AN INSPECTION SITE &
                       IDENTIFYING A REGULATED COMMUNITY

      General Discussion
 All regulated UST system facilities must be in compliance with Hawaii Administrative Rules §11-280.1 and should have been inspected at least once by the UST section.  Our goal is to inspect each facility every three years, and to ensure that owners and operators are in compliance. To achieve this goal, we will provide the highest degree of assurance that UST O/Os comply with HAR §11-280.1 to protect human health and the environment.

  2.2     Inspection Strategy
 The Hawaii Department of Health UST program relies on site inspections conducted by UST or LUST inspectors as the primary mechanism to monitor compliance. Inspections goals are set according to resources available to the section, level of potential harm to human health and the environment, and the urgency to investigate suspected and/or confirmed releases. However, because inspections are the main direct method to ensure compliance, we focus on the different types of inspections to identify the UST regulated community and select sites for inspection. Subject to section resources and personnel availability, inspectors conduct the following types of inspections:

 Compliance Inspections
 Installations
        Closures
        Repairs
        LUST Site Visits, and
        Complaints
  
 2.3     Compliance Inspections
 A compliance inspection involves inspecting the facility's UST release detection system, spill and overfill system, and corrosion protection equipment. A compliance inspection also requires the inspector to make sure the facility has met the financial assurance requirement.

 The method by which the inspector selects operation inspection sites is important in terms of program efficiency. Site selection methodology can be critical if a search warrant or an enforcement action becomes necessary. This section discusses the strategy to select facilities for inspection.
 
 To be in compliance, owners/operators are required to notify our office before the installation and/or operation, or modification of a tank or tank system. O/Os must apply for a permit before a new UST is installed, operated, or modified using the form "Application for an Underground Storage Tank Permit", available on the UST website. A respective fee must be attached with the permit application. When a UST is permitted, all information about the UST is sent to our office and is entered into the UST database.

  2.3.1     Facilities with UST Permits Issued by the Department
 Two elements are initially considered to develop an inspection strategy:

 The UST density of each island; and
        The number of inspections to be conducted within the year.

 According to our records of permitted facilities, approximately 61% of the UST population is located on Oahu, 19% on Hawaii, 11% on Maui, 0.4% on Kauai, 0.4% on Molokai, and 0.2 % on Lanai. These percentages should be used in calculating the number of inspections that are conducted on each island. For example, if the Department has committed that 100 UST inspections will be performed annually, it follows that at least 61 of these should be conducted on Oahu, 19 on Hawaii, 11 on Maui, and at least one on Kauai, at least one on Molokai. It is not practical to inspect Lanai every year.

 A listing of all the facilities with "currently-in-use" and "temporarily-out-of-use" USTs is generated every year. This listing is sorted and printed by last date of inspection, consists of ID number and date of inspection, and the UST status.

 The listing is maintained in a 3-ring binder located in a central area where it is readily accessible to UST inspectors.
 
 Not included in this listing are exempt USTs (tank ID starting with an "E"), hydraulic lift USTs (tank ID starting with an "H"), or permanently out of use USTs.

 The inspector will chronologically select sites starting at the beginning of this listing to conduct a compliance inspection. During the inspection, information concerning the facility and the USTs are verified and later updated in the database.
 
 The inspector is assigned to inspect UST systems in all the counties. The inspector needs to consider that prior travel arrangements will be needed for inspections in the outer islands. Inspections are scheduled systematically using a checklist.

 If the USTs at the facility are not in compliance, a field citation will be issued by the inspector. For information about field citations see Section 13.

  2.3.2     Facilities without UST Permits Issued by the Department
 When the "Notification for Underground Storage Tank" form (available on the UST website) is received for an UST facility that is not permitted by the Department, a unique facility ID number is assigned and the information regarding the UST facility is entered into our database. Then, according to staff availability, budget, and workload, these facilities are inspected for the first time. 

 For the first inspection, outreach and education will be provided to the O/O to make sure their USTs are in compliance, and a field citation will not be issued. If violations are found during a follow up inspection, field citations are issued.  During inspections, information concerning the facility and the USTs is verified and updated in the database.

  2.3.3     Installation, Closure, or Change in Service of UST Systems
 State regulations require O/O obtain a permit from the Department prior to beginning any new installation, operation, or change in service of a UST system, or change in O/O. Inspectors will track the status of the permits issued in our database. 30 days before beginning either permanent closure or a change-in-service, O/Os must notify the Department in writing of their intent to permanently close or make a change in service.

  Inspectors are assigned to inspect new facilities within 3 months of the UST installation.  
  For the first inspection, inspectors do outreach and educate the O/O to make sure 
  their USTs are in compliance, and a field citation will not be issued. However, during the  
  second and consecutive inspections field citations will be issued if violations are found.

 UST inspectors are assigned to inspect closures and/or change in service of UST systems. These inspections are performed systematically via checklists [Where are these checklists?].

 During the inspection, information about the facility and the USTs are verified and later updated in the database.
 
  Before a change-in-service is completed, O/O must measure for the 
  presence of a release where contamination is most likely to be present at the UST 
  site. In selecting sample types, sample locations, and measurement methods, owners 
  and operators must consider the method of closure, the nature of the stored 
  substance, the types of backfill and surrounding soil, the depth and flow of 
  groundwater, and other factors appropriate for identifying the presence of a release. 

  If contaminated soils, contaminated groundwater, or free product as a liquid or vapor   
  is discovered, any O/O must begin release response action as required in §11-280.1 
  subchapter 6. 

  These different scenarios regarding status of UST systems must be considered    
  in site selection. Please refer to section 15.5.1 for specific requirements regarding  
  installation, closure, or change in service. 

  2.3.4     Tank Repairs  
  Inspectors can oversee repairs and any necessary testing after a repair has been completed. Owners 
  and operators of UST systems must ensure that repairs will prevent releases due to structural 
  failure or corrosion as long as the UST system is used to store regulated substances. The repairs 
  must meet the following requirements outlined in §11-280.1-33: 

 Repairs to UST systems must be properly conducted in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory 
               
 Repairs to fiberglass-reinforced plastic tanks may be made by the manufacturer's authorized representatives or in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory 

 Metal pipe sections and fittings that have released product as a result of corrosion or other damage must be replaced. Non-corrodible pipes and fittings may be repaired in accordance with the manufacturer's specifications 

 Prior to the return to use of a repaired UST system, any repaired USTs must pass a tank tightness test in accordance with §11-280.1-43(3)

 Prior to the return to use of a repaired UST system, any repaired piping that routinely contains product must pass a line tightness test in accordance with §11-280.1-44(2)

 Prior to return to use of a repaired UST system, repairs to secondary containment areas of tanks and piping used for interstitial monitoring, containment sumps used for interstitial monitoring of piping, and containment walls must have the secondary containment tested for integrity using vacuum, pressure, or liquid methods in accordance with requirements developed by the manufacturer, a code of practice developed by a nationally recognized association or independent testing laboratory, or requirements established by the Department 

 Within six months following the repair of any cathodically protected UST system, the cathodic protection system must be tested in accordance with §11-280.1-31(2) and (3) to ensure that it is operating properly

 Prior to the return to use of repaired spill or overfill prevention equipment, the repaired spill or overfill prevention equipment must be tested or inspected, as appropriate, in accordance with §11-280.1-35 to ensure it is operating properly 

 UST system O/Os must maintain records, in accordance with §11-280.1-34, of each repair until the UST system is permanently closed or undergoes a change-in-service pursuant to §11-280.1-71.

  2.3.5     LUST Site Visits
 LUST site visits are conducted by a LUST inspector on an as-needed basis. The LUST inspector makes arrangements for her site visits to the neighbor islands. LUST site visits are tracked in the database.

  2.3.6     Complaints 
 All complaints are handled by an inspector. The inspector uses critical analysis and informed judgement to determine the urgency of a complaint call to determine if an inspection is warranted. An inspector can make an unannounced site visit and it is not necessary to call the facility before the inspection. 
 
 After an inspection is conducted following a complaint, the O/O is verbally notified of their responsibilities regarding their UST system. A follow up letter is sent to the O/O. If necessary, the O/O completes a "Notification For Underground Storage Tanks" form, and we update our database.
 
     Inspections
 Inspections are key in selecting sites. Inspections are assigned to staff based on availability of funds and inspectors. Inspections are a permanent and constant goal. When conducting an inspection, inspectors observe the status of all tanks on the property. Inspectors take a printout of the facility information from the database to the inspection and compare it with what is onsite. Inspectors ask for the correct documentation for the facility, such as closure reports and completed "Notification for Underground Storage Tanks" forms, then update our database.
 
      Tracking Data Collection
 It is important to update our database regularly and properly to ensure that we have all pertinent information necessary to maintain a proper site inspection selecting process. It is also important to update our database to continue to identity our regulated UST systems community and keep track of specific information of each individual facility. Gathering information to identify Hawaii's USTs is conducted using different resources. For example, the Department's UST data can be cross checked with the following institutions and their sources:

 The Fire Department. This was done in the past, and has proven to be a
                           good resource.

 Measurements Standards Division. The Measurements Standards Division, located within the Department of Agriculture, checks UST facilities on an annual basis to regulate the meters on the pumps.

 Hawaii Emergency Planning and Community Right to Know Act, (HEPCRA). Every facility which stores more than 10,000 pounds of hazardous substances in their UST is required to notify the Hazard Evaluation and Emergency Response (HEER) office annually.

  2.6     Meetings/Public Outreach/Presentations 
  Inspectors must schedule regular meetings to update each other and the section as a whole   
  regarding inspections goals and achievements, develop goal attainment strategy or improve 
  existing inspection strategies. 
  
  Public meetings and presentations organized by inspectors are excellent venues to keep UST  
  system O/Os updated on UST regulations. Informal meetings geared to inform O/O of important 
  compliance updates are great opportunities to identity the regulated UST community and 
  perpetuate a positive relationship between the Department and O/O's. Inspectors are advised to 
  take advantage of public speaking trainings.   

                         SECTION 3 
                                
                                PREPARING FOR AN INSPECTION
                                
 3.1	General Discussion
 Proper preparation is essential for the inspection to be efficient and thorough. This section will assist you in getting ready for an inspection by explaining:

 How to maintain and update facility files
 How to review facility information
 What equipment is necessary to conduct an inspection
 What written materials must be taken to the inspection, and
 Who should be notified prior to performing the inspection.
 To be knowledgeable of the facility and its setting, and to be prepared with the necessary information and equipment will enable the inspection to run smoothly.

 Facility Files
 A facility file must always be created or reviewed prior to conducting an inspection. Official files should contain all information relating to a specific facility, including the following:

             Notification, permit, and/or variance and related documentation
             Investigation requests or complaints about a facility
             Correspondence to and from the facility, records of telephone and personal conversations, correspondence with other agencies, etc.
             Inspection reports
             Technical reports prepared by the facility or its contractors
             Subpoenas, search warrants, or inspection orders
             Declaration of confidential business information made by the facility (see Section 14.2 for a detailed explanation of confidential business information and its documentation)
             Public information requests concerning the facility; and
             Meeting notes, internal memoranda, and other documentation relating to the facility
 Keep all technical reports, data, and analytical results separate from other documents (i.e., correspondence, records of communication, etc.) in the file. These technical documents are public information and are frequently requested by consultants and other parties. Keeping a collection of all technical data together will also make case transfers from one staff member to another much easier. 
 
 Never write or make marks on technical data or correspondence in a file, as it could prevent the documents from being introduced as evidence in an enforcement case later.

 All correspondence records between the Department and the O/O can be kept in the file, as they, too, are subject to public review. If the case proceeds to enforcement or litigation, a separate correspondence file will facilitate attorney review of the case. See the UST/LUST Enforcement Manual for more discussion on maintaining the enforcement files. 
 
   Facility Information Review
 Before inspecting a facility, the inspector must have a thorough understanding of all the current in­ house information available on the facility. This information will help the inspector focus her investigation on the most significant areas. There are several steps the inspector must take to adequately examine the existing in-house information on a facility to prepare for the actual inspection:

 Assess the facility history. The inspector must determine whether the facility has past violations to verify whether these violations have been corrected. The inspector must also examine if there is any pattern to the facility's violation and compliance history. This information can help the inspector know what to expect during the inspection.

 Develop an inspection plan based on the information the inspector has gathered from these materials. Based on the facility history review, and what the inspector has learned about site-specific conditions, the inspector must note specific violations that might be a problem at the facility being inspected.

 With this background information, a well-informed inspection plan, and all pertinent materials, the inspector is ready to conduct a thorough inspection appropriate for the specific facility, and will be far more likely to observe, note, and cite any violations.

  Inspection Equipment
 Most inspections can be done with very little equipment. It is the responsibility of the O/O to demonstrate compliance with the requirements. Due to potential liability to the inspector and the Department, the inspector will not open manholes, fill pipes, monitor wells and/or dispensers, take routine samples, or other functions not outlined in this manual. Therefore, inspectors should not need to bring special equipment to perform these functions. 
 
 However, it is advisable to bring a non-sparking pry bar, assorted screwdrivers, and a socket set to loan to the O/O, to avoid unnecessary delays in the inspection and easily overcome setbacks. Inspectors will also need:

 A Department identification card
 Gauging stick
 An indelible ink pen
 A notebook
 A clipboard
 Inspection checklists
 Gauging paste
 Measuring tape
 Flashlight
 A camera
 Traffic cones
 Safety glasses
 Safety vest
 Steel-toed shoes, and
 A hard hat (if there is construction at the site).
 
     Written Materials to Take to the Inspection
  The inspector must make sure to bring the following materials to an inspection:

 Copies of State regulations. Questions on specific aspects of the 
                 regulations will arise during an inspection. The inspector may not be  
                 familiar with every specific requirement but must be able to refer to the 
                 regulations if necessary. The inspector must review any pertinent 
                 regulations beforehand to be better prepared to answer any important 
                 questions or clarify confusion regarding rules and compliance.  

 Interview questions. It is helpful to take a list of interview questions to 
                 ask the facility representative during the inspection. This list will keep 
                 the inspector on track. When prepared in advance, this list aids the 
                 inspector collect all of information necessary to determine the 
                 compliance status.

 Site safety plan. The inspector will need to prepare a site safety 
                 plan. Refer to Section 10.5 for details.

    Notification of Other Officials
 Prior to performing the inspection, the inspector can notify and coordinate with other authorities who might be interested in the inspection:

 The County Fire Department should be notified any time that the inspection will involve any work on tanks themselves, or if the inspector expects a situation that is a potential fire hazard (e.g., UST closures).

 The Department of the Attorney General should be notified if the inspector expects to encounter evidence of criminal activity during the inspection. Criminal cases must be conducted more formally than civil cases and, if the exact procedures are not followed during criminal investigations, the Department may lose an important criminal prosecution opportunity.

 The District Health Office should be notified prior to conducting inspections on the outer islands. They may wish to send a representative to accompany the inspector on the inspection.

 The Safe Drinking Water Branch should be notified if the inspector expects to find ground-water or water-supply contamination during the inspection.

 The Clean Water Branch should be notified if the inspector expects to find surface water contamination during the inspection.
                                                    
                                                    
                                                    
                                                    
                                                    
                                                    
                                                    
                                                    
                                                    
                                                    
                                                    
                                                    
                                                    
                                                    
                                                    
                                                    
                                                    
                                                    
                                                    
                                                    
                                                    
                                                    
                                                    
                                                    
                                                    
                                                    
                                                    
                                                    
                                                    
                                                    

                                               SECTION 4

                         UST OPERATIONS INSPECTIONS

 4.1     General Discussion
 This section describes the UST compliance inspections the inspector will perform. These inspections include the following areas:

 Release detection
 Spill and overfill prevention
 Corrosion protection
 Under Dispenser Containment (UDC)
 UST Permit & Permanent/Applicable Forms
 Financial responsibility.
 Operator training, and  
 Periodic Walkthrough Inspection.

 For each inspection area, this section describes the basic requirements that must be followed by the Owners/Operators and indicates some of the more important items to look out for when conducting an inspection. In addition, a checklist is used to facilitate information collection [available in digital form in a "to be determined place"]. This checklist must be used as a guide to ensure that the inspection is as thorough as possible. Inspections can be complex and require the inspector to understand a wide range of subjects. Therefore, it behooves the inspector to be acquainted with the layout of the checklist as each section applies to the inspection and note-taking. 

 Remember, the inspector is not expected to know every nuance of the regulatory requirements and applicable codes, but the inspector must have a general understanding of the rules and regulations. The inspector should not be embarrassed to tell the facility representative or the contractor that reference to a manual or regulations is necessary to provide the correct response. With proper practice, the inspector will increasingly master the rules and procedures.

  4.2       Release Detection
 Procedures for inspecting the operation of a release detection system will vary depending on the type of system. Because many release detection systems can be complex, an informed representative of the facility who understands how the equipment works must be present during the inspection. When a knowledgeable facility representative is not available, you may want to meet with the more informed facility representative at a different time to gather more information.

 4.2.1     Inventory Control and Tank Tightness Testing 
 These methods of release detection apply to tanks only. Refer to the EPA booklet Doing Inventory Control Right available at https://nepis.epa.gov for guidance and model forms used in this method of release detection. According to the Hawaii Administrative Rules, product inventory control (or another test of equivalent performance) must be conducted monthly to detect a release of at least 1% of flow-through plus 130 gallons on a monthly basis according to §11-280.1-43(1). 
  
 4.2.1.1     Inventory Control 

 Inventory volume measurements for regulated substance inputs, withdrawals, and the amount still remaining in the tank must be recorded each operating day
      
 The equipment used must be able to measure the level of product over the full 
                      range of the tank's height to the nearest one-eighth of an inch
    
 If a manual measuring device is used (e.g., a gauge stick), the measurements must be made through a drop tube that extends to within 1 foot of the tank bottom. Level measurements must be to the nearest one-eighth of an inch 
    
 The regulated substance inputs are reconciled with delivery receipts by 
                      measurement of the tank inventory volume before and after delivery
    
 Deliveries are made through a drop tube that extends to within 1 foot of the tank bottom
    
 Product dispensing is metered and recorded within the state standards for meter 
                      calibration or an accuracy of 6 cubic inches for every 5 gallons of product 
                      withdrawn, and the meter is calibrated every 365 days. And, 
    
 The measurement of any water level in the bottom of the tank is made to the 
                      nearest one-eighth of an inch at least once a month.
     
  4.2.1.2     Tank Tightness Testing
  Tank tightness testing must be capable of detecting a 0.1 gallon per hour leak rate from any portion of the tank that routinely contains product while accounting for the effects of thermal expansion or contraction of the product, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table. 
  
 Inventory records must be kept on file for at least 3 years and maintained at the UST site
            
 The manufacturer's 3[rd] party certification of tightness test or performance claims must be on file for the lifetime of the equipment (look for a piece of paper with the heading "Results of U.S. EPA Standard Evaluation").

    Statistical Inventory Reconciliation 
  This method of release detection applies to tanks and piping. A suspected release must be reported when a single analysis indicates a release. Inconclusive results indicate non­compliance with the monthly release detection requirements. To be in compliance, the following requirements must be met §11-280.1-43(8)(A)-(C):
 
 Report a quantitative result with a calculated leak rate 
      
 Be capable of detecting a leak rate of 0.2 gallon per hour or a release of 150 gallons within 31 days, and 
      
 Use a threshold that does not exceed 1/2 the minimum detectible leak rate. 

  Also the following guidelines must be met: 
 
 A review of inventory records through statistical analysis must be performed every thirty-one days

 Inventory data gathering and record keeping must be performed according to the statistical analysis provider's specifications

 All inventory records and results of the statistical analyses must be on file for three years and maintained at the UST site

 The manufacturer's 3[rd] party certification of tightness test or performance claims must be on file for the lifetime of the release detection system (look for a piece of paper with the heading "Results of U.S. EPA Standard Evaluation").

           Manual Tank Gauging  
  This method of release detection applies to only tanks with capacity of 2,000 gallons or smaller. Refer to the 1993 EPA booklet Manual Tank Gauging For Small Underground Storage Tanks for detailed guidance, available at https://nepis.epa.gov.  A suspected release must be reported when a single result is greater than the weekly or monthly standard for a tank, or if an UST fails a single tightness test. To be in compliance, the following requirements must be met §11-280.1-43(2)(A)-(F):
 
 Tank liquid level measurements are taken at the beginning and ending of a period using the appropriate minimum duration of test value in the table below during which no liquid is added or removed from the tank
      
 If a manual measuring device is used (e.g. a gauge stick), the measurements must be made through a drop tube that extends to within 1 foot of the tank bottom. Level measurements shall be to the nearest one-eighth of an inch
         
 Level measurements are based on the average of 2 consecutive gauge stick readings at both the beginning and ending of the period

 The equipment used is capable to measure the level of product over the full range of the tank's height to the nearest one-eighth of an inch

 A release is suspected and subject to the requirements of subchapter 6 (Release Response Action) of the HAR if the variation between beginning and ending measurements exceeds the weekly or monthly standards in the following table: 


            Nominal Tank Capacity 
 Minimum   
  Duration    
   of Test 
   Weekly   
  Standard 
  (one test)
  Monthly 
 Standard 
 (four test 
 average)
550 gallons or less 
36 hours  
10 gallons 
5 gallons 
551-1,000 gallons (when tank diameter is 64 inches)
44 hours 
9 gallons 
4 gallons 
551-1,000 gallons (when tank diameter is 48 inches)
58 hours 
12 gallons 
6 gallons 
551-1,000 gallons (also requires periodic tank tightness testing) 
36 hours 
13 gallons 
7 gallons 
1,001-2,000 gallons (also requires periodic tank tightness testing) 
36 hours 
26 gallons 
13 gallons 

 Measurements shall be conducted each week of the month. If the month has five measurement periods, the weekly test with the smallest discrepancy shall not be used in calculating the average 
      
 Tanks with a nominal capacity of 550 gallons and tanks with a nominal capacity of 551 to 1,000 gallons that meet the tank diameter criteria in the table above may use manual tank gauging as the sole method of release detection 

 All other tanks with a nominal capacity of 551 to 2,000 may use manual tank gauging in place of inventory control, combined with tank tightness testing as indicated in the table above

 Tanks of greater than 2,000 gallons nominal capacity may not use this method to meet requirements.   

 Automatic Tank Gauging 
 This method of release detection applies to tanks only. A suspected release must be reported when an UST fails a single automatic tank gauge test or the monthly inventory reconciliation exceeds 1% of the gallons pumped during the month + 130 for two months in a row. Equipment for automatic tank gauging that tests for the loss of product and conducts inventory control must meet the following requirements [§11-280.1-43(4)(A)-(C)]:
 
 A release test must be conducted at least once every 31-days
       
 Automatic tank gauging records must be kept on file for at least 3 years and maintained at the UST site
   
 The manufacturer's 3[rd] party certification of Automatic Tank Gauging test or performance claims must be on file for the lifetime of the equipment (look for a piece of paper with the heading "Results of U.S. EPA Standard Evaluation"
   
 Records of calibration, maintenance and repair must be on file for 3 years and maintained at the UST site

 The automatic product level monitor test can detect a 0.2 gallon per hour leak rate from any portion of the tank that routinely contains product

 The automatic tank gauging equipment must meet the inventory control (or other test of equivalent performance) requirements of 4.2.1.1

 The test must be performed with the system operating in one the following modes: 
 In-tank static testing conducted at least once every 31 days; or 
                  
 Continuous in-tank leak detection operating on an uninterrupted basis or   
                        operating within a process that allows the system to gather incremental    
                        measurements to determine the leak status of the tank at least once every 
                        31 days. 
            
 Groundwater Monitoring 
 This method of release detection applies to tanks and piping. See the HEER TGM section 6.2 for further necessary information on groundwater monitoring wells at http://www.hawaiidoh.org/tgm.aspx.
          
                                            

  A suspected release must be reported when there is any evidence that tank contents are present in the well. To be in compliance, the following requirements must be met, according to §11-280.1-43(6)(A)-(F):

 The regulated substance stored is immiscible in water and has a specific gravity of less than 1
       
 Groundwater is never more than 20 feet from the ground surface and the hydraulic conductivity of the soils between the UST or tank system and the monitoring wells or devices is not less than 0.1 cm/sec (e.g., the soil should consist of gravels, coarse to medium sands, coarse silts or other permeable materials)

 The slotted portion of the monitoring well casing must be designed to prevent migration of natural soils or filter pack into the well and to allow entry of regulated substance on the water table into the well under both high and low groundwater conditions

 Monitoring wells shall be sealed from the ground surface to the top of the filter pack

 Monitoring wells or devices intercept the excavation zone or are as close to it as is technically feasible

 The continuous monitoring devices or manual methods used can detect the presence of at least one-eighth of 1 inch of free product on top of the groundwater in the monitoring well 

 Within and immediately below the UST system excavation zone, the site is assessed with written documentation to ensure compliance with the requirements above to establish the number and positioning of monitoring wells or devices that will detect releases from any portion of the tank that routinely contains product

 Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering

 Monitoring records for the last 3 years must be on file and maintained at the UST site, and
   
 The manufacturer's 3[rd] party certification of leak detection test or performance claims must be on file for the lifetime of the equipment (look for a piece of paper with the heading "Results of U.S. EPA Standard Evaluation").

 Records of calibration, maintenance and repair must be on file for three years and maintained at the UST site.


  Vapor Monitoring 
 
 
                                           

 This method of release detection applies to tanks and piping. A suspected release must be reported when there is any significant increase of vapor levels above the background level. Testing or monitoring for vapors within the soil gas of the excavation zone must meet the following requirements, according to §11-280.1-43(5) A-G:

 The materials used as backfill are sufficiently porous (e.g., gravel, sand, crushed rock) to readily allow diffusion of vapors from releases into the excavation area
       
 The stored regulated substance, or a tracer compound placed in the tank system, is sufficiently volatile (e.g., gasoline) to result in a vapor level that is detectable by the monitoring devices located in the excavation zone in the event of a release from the tank
    
 The measurement of vapors by the monitoring device is not rendered inoperative by the groundwater, rainfall, soil moisture, or other known interferences so that a release could go undetected for more than 31 days
    
 The level of background contamination in the excavation zone will not interfere with the method used to detect releases from the tank
    
 The vapor monitors are designed and operated to detect any significant increase in concentration above background of the regulated substance stored in the tank system, a component or components of that substance, or a tracer compound placed in the tank system

 In the UST excavation zone, the site is assessed to ensure compliance with the requirements above and to establish the number and positioning of monitoring wells that will detect releases within the excavation zone from any portion of the tank that routinely contains product

 Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering
       
 Monitoring records for the last 3 years must be on file and maintained at the site
    
 The manufacturer's 3[rd] party certification of detector test or performance claims must be on file for the lifetime of the equipment (look for a piece of paper with the heading "Results of U.S. EPA Standard Evaluation"), and
    
 Records of calibration, maintenance and repair must be on file for 3 years and maintained at the UST site.

  Interstitial Monitoring (Double Walled Tanks and Piping) 
 
 
        
 This method of release detection applies to tanks and piping. A suspected release must be reported when any evidence that the tank contents are present in the space between the walls of the tank or piping (i.e., free product or groundwater) or the lost or gain of the interstitial liquid.  
 
 Interstitial monitoring between the UST system and a secondary barrier immediately around or beneath it may be used, but only if the system is designed, constructed, and installed to detect a leak from any portion of the tank that routinely contains product and meets one of the following requirements, according to §11-280.1-43(7)(A)-(C):

 For double-walled tank systems, the sampling or testing method can detect a leak through the inner wall in any portion of the tank that routinely contains product  
       
 For UST systems with a secondary barrier within the excavation zone, the sampling or testing method used can detect a leak between the UST system and the secondary barrier: 

 The secondary barrier around or beneath the UST system consists of artificially constructed material that is sufficiently thick and impermeable (at least 10-6cm/sec for the regulated substance stored) to direct a leak to the monitoring point and permit its detection
                     
 The barrier is compatible with the regulated substance stored so that a leak from the UST system will not cause a deterioration of the barrier allowing a release to pass through undetected

 For cathodically protected tanks, the secondary barrier must be installed so that it does not interfere with the proper operation of the cathodic protection system

 The groundwater, soil moisture, or rainfall will not render the testing or sampling method used inoperative so that a release could go undetected for more than 31 days

 The site is assessed to ensure that the secondary barrier is always above the groundwater and not in a 25-year flood plain, unless the barrier and monitoring designs are for use under such conditions, and 

 Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering.
                     
 For tanks with an internally fitted liner, an automated device can detect a leak between the inner wall of the tank and the liner, and the liner is compatible with the substance stored 
               
               
       
 Monitoring records for the last 3 years must be on file and maintained at the site
    
     The manufacturer's 3[rd] party certification of detector test or performance claims must be on file for the lifetime of the equipment (look for a piece of paper with the heading "Results of U.S. EPA Standard Evaluation"), and
    
     Records of calibration, maintenance and repair must be on file for 3 years and maintained at the UST site.

  Line Tightness Testing 
 This method of release detection applies to piping only. A suspected release must be reported when there is a single failed test result. Also, the test must comply with the following requirements, according to §11-280.1-44(2):
 
 A periodic test of piping may be conducted only if it can detect a 0.1 gallon per hour leak rate at one and one-half times the operating pressure 
 
 The lines must be tested every 365-days for pressurized piping and every three years for suction piping
       
 Records of the last 3 tests must be on file and maintained at the UST site
    
 The manufacturer's 3[rd] party certification of detector test or performance claims must be on file for the lifetime of the equipment (look for a piece of paper with the heading "Results of U.S. EPA Standard Evaluation")
    
 If the device is permanently installed, records of calibration, maintenance and repair must be on file for 3 years and maintained at the UST site, and
    
 Automatic line leak detector must be used together with tightness testing to meet the release detection requirements for pressurized piping.

  Automatic Line Leak Detection 
 This method of leak detection must be used on all pressurized piping. In addition 
  to automatic line leak detection, one other piping release detection method (line   
  tightness testing, ground-water monitoring, soil vapor monitoring or statistical inventory 
  reconciliation or interstitial monitoring) must be used. A suspected release must be 
  reported when there is a significant reduction in flow for mechanical devices or the 
  pumps shut down (automatic shutoff). To be in compliance, the following requirements 
  must be in compliance with according to §11-280.1-44(1):

     Methods which alert the operator to the presence of a leak by restricting or shutting off the flow of regulated substances through piping may be used only if they detect leaks of 3 gallons per hour at 10 pounds per square inch line pressure within 1 hour. An annual test of the operation of the leak detector must be conducted in accordance with 11-280.1-140(a)(4)
                   
     The lines must be tested every 365-days for pressurized piping and every 3 years for suction piping
       
     Records of the last 3 tests must be on file and maintained at the UST     
               site
     
      The manufacturer's 3[rd] party certification of detector tests or 
                 performance claims must be on file for the lifetime of the equipment (look for a piece of paper with   
                       the heading "Results of U.S. EPA Standard Evaluation"), and
     
      If the device is permanently installed, records of calibration, 
                 maintenance and repair must be on file for three years and maintained 
                             at the UST site.

  Exempt Suction Piping [§11-280.1-41(b)(1)(B)] [Ask Roy]
 Suction piping is underground piping that conveys substances, installed before August 9, 2013, for UST systems other than airport hydrant fuel distribution systems and UST systems with field-constructed tanks. Suction piping must comply with the following:
 
 Have a line tightness test conducted at least every three years. A 
                periodic test of piping may be conducted only if it can detect a 0.1 
                gallon per hour leak rate at one and one-half times the operating pressure
                
 Use a monthly monitoring method designed to detect a release from any portion of the underground piping that routinely contains regulated substances [refer to 11-280.1-43(5) to (9)] 
                
 No release detection is required for suction piping that is designed and 
                constructed to meet the following standards: 
     
 The below grade piping must slope uniformly back to the tank;
     
 There must be no more than one check valve in the piping;
     
 The check valve must be located as close as practical to the suction pump; and
        
 Compliance with above specifications must be readily determined.

 Spill and Overfill Control
 O/O must ensure that releases due to spilling and overfilling do not occur. O/O must ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank before the transfer is made and that the transfer operation is monitored constantly to prevent overfilling and spilling [§11-280.1-30]. 
 
 The following sections describe the inspection methods for spill and overfill prevention equipment.

 4.3.1        Spill Containment



 Spill containment can be verified by visual inspection of delivery fill pipes. The fill 
 pipe should be positioned in a self-contained spill "bucket" or similar containment. 
 This containment should be large enough to accommodate at least 5 gallons of spilled product. The material of construction is often industrial-grade plastic or fiberglass. Many spill containment units have a depressible plunger to drain spilled product directly into the UST. If the spill containment area is not cleaned regularly, dirt and debris will accumulate. This will create a problem if spilled product needs to be drained into the tank so it is necessary to keep this area clean.

 Overfill Prevention
 There are 3 types of approved overfill prevention equipment: drop-tube flap/float, ball­ float, and overfill alarm. Of the 3, the ball-float device is not always visually verifiable. Another point to remember is that overfill prevention is not required for tanks which receive deliveries of less than 25 gallons (such as a waste oil tank).

     Drop Tube Flap/Float Overfill Prevention

                                       
            
 The most common is the integral flap-floater unit in the delivery drop tube. Positioned at the 90-95 percent full level, the floater will engage on the product side and lower a restrictor flap in the drop tube to inhibit delivery. The delivery operator will then have time to shut off delivery flow and prevent overfilling. Visual inspection of the open drop tube will reveal a flange protrusion at the 90-95 percent full level. This is what you need to see to verify compliance.

      Ball Float Overfill Prevention


            
            
 Using a different approach, the ball-float overfill prevention device utilizes a simple floater­ ball in a cage positioned at the opening of the vent-pipe, at the 90 percent full level. If product reaches this level, the floater-ball is lifted in the cage and seals the vent pipe to prevent the displacement of gases in the tank and a backpressure results, inhibiting the delivery flow. This flow inhibition should give the delivery operator time to shut off the delivery flow to prevent overfilling. The ball-float overfill prevention device is not always visually detectable and therefore the O/O must maintain documentation of installation at the site. Ball floats used in vent line may not be used to comply with overfill prevention when overfill prevention is installed or replaced after July 15[th] 2018). [Up to here gave to Roy for editing on October 24, 2018]

      Overfill Alarm

                                       
            
 The overfill alarm is connected to an automatic tank gauge (ATG) or tank level monitor (TLM). These devices allow a product level to be specified (not more than 90 percent full) so that an overfill alarm will sound. This alarm must be clearly labeled "Overfill Alarm" and be located where the delivery person can see and hear the alarm, to immediately stop delivery of the product. Positioning of the alarm and sign in any location other than the delivery area is unacceptable and constitutes a violation. To verify functionality, ask the operator for an alarm test and a status printout from the ATG or TLM. 

 Corrosion Protection Systems section [41 of rules] 
 All corrosion protection systems must be operated and maintained to continuously provide corrosion protection to the metal components of that portion of the tank and piping that routinely contain regulated substances and are in contact with the ground. 
 
 Corrosion protection measures as described in this section do not apply if one of the following is met:

 The tank and piping system are constructed of fiberglass-reinforced plastic.
     
 The tank and piping system are constructed of a steel-fiberglass-reinforced plastic composite.
     
 The tank and piping system is constructed of metal and has been installed at a site with soil that is determined by a corrosion expert (defined in 11- 281-03) to possess minimal corrosive properties such that a release due to corrosion will not occur during the operational life of the UST. If this alternative has been selected, then the owner and/or operator must maintain records to support this determination; 

 The Department has determined that the construction and corrosion protection of the UST system has been designed to prevent any release into the environment.

 4.4.1     New Tank and Piping Installation
 New metal tank and piping installations (after December 22, 1988) that do not meet the above criteria shall be coated with a suitable dielectric material and be cathodically protected. Field-designed cathodic protection systems must be designed by a corrosion expert.

 There are two basic types of cathodic protection methods: sacrificial anode systems and impressed current systems. Most newly coated steel tanks are equipped by the manufacturer with sacrificial anodes designed to provide sufficient protection for any situation. Coated metallic piping or metallic components (such as flex connectors) must be individually cathodically protected. For new installations these components can also generally be protected by sacrificial anodes.
 
                                       

 4.4.1.1    Sacrificial Anode (Galvanic) System 
 Sacrificial anodes can be attached to the tank for corrosion protection. Sacrificial anodes are pieces of metal more electrically active than the steel tank. Because these anodes are more active, the corrosive current will exit from them rather than the tank. Thus, the tank is protected while the attached anode is "sacrificed". Tank and piping should have separate anodes, and piping should be electrically isolated from tank and dispenser. The dielectric coating on the tank cannot be verified, however, the level of cathodic protection on the tank and piping, and whether the piping is electrically isolated from the tank and dispenser can be verified. 

 Operation and maintenance of the sacrificial anode system shall include the following:
     
                 System inspection and testing by a qualified cathodic protection 
                tester must be conducted within six months of installation and at 
                least every three years thereafter;
     
                 Maintaining records of the last two inspection and testing results (records may be kept at a central office rather than the facility, but should be made available for the inspection); and
     
 System inspection and testing must be conducted within six months 
                             of any repairs to the tank or cathodic protection system.

 Department inspections of sacrificial anode systems may include inspection and 
 testing of the cathodic protection system, which will be performed on an as needed basis. 

 4.4.1.2     Impressed Current System
 An impressed current system uses a rectifier to convert alternating current to direct current, which is then sent through an insulated wire to the anodes. The current then flows through the soil to the tank system and returns to the rectifier through an insulated wire attached to the tank system. The tank system is protected because the current going to the tanks system overcomes the corrosion-causing current normally flowing away from it. Unlike the sacrificial anode system, the tanks should be electrically continuous with the piping and associated equipment. Operation and maintenance of the impressed current system shall include the following:

                  System inspection and testing by a qualified cathodic protection tester must be conducted within 6 months of installation and at least every 3 years thereafter

                  Maintaining records of the last 2 inspection and testing results (records may be kept at a central office rather than the facility, but should be made available for the inspection)

                  USTs or tank systems with impressed current cathodic protection systems must also be inspected every sixty days to ensure the equipment is operating properly

                  Maintaining records of the last 3 voltage and amperage readings (records may be kept at a central office rather than the facility, but should be made available during the inspection). Compare voltage and amperage readings to the system's designed values (field readings should be the same or greater), and

                  System inspection and testing must be conducted within 6 months of any repairs to the tank or cathodic protection systems.

     Existing Metal Tank Upgrades 
 Metal tanks installed prior to December 22, 1988, which are to remain in service after December 22, 1998, shall be upgraded to meet either the performance standards for new tank installations or to meet one of the following corrosion protection methods: internal lining, cathodic protection, or a combination of internal lining and cathodic protection.
 
 Not later than ten years after July 15, 2018, tanks and piping installed before August 9, 2013 for UST systems other than airport hydrant fuel distribution systems and UST systems with field constructed tanks, must be provided with secondary containment that meets the requirements of §11-280.1-24, except for suction piping that meets the requirements of §11-280.1-41(b)(6), according to §11-280.1-21(b).
 
 For airport hydrant fuel distribution systems and UST systems with field-constructed tanks installed before July 15, 2018 must comply with system performance standards in §11-280.1-20(b) and (c) and no later than one year after July 15, 2018, the system performance standards under §11-280.1-20(d) or closure requirements under §11-280.1, subchapter 7.
 
 Also, no later than 20 years after July 15, 2018 tanks and piping for airport hydrant fuel distribution systems and UST systems with field-constructed tanks installed before July 15, 2018 must be provided with secondary containment that meets the requirements of §1-280.1-24 or must utilize a design which the Department director determines is protective of human health and the environment, except for: 
 
                  Suction piping that meets the requirements of §11-280.1-41(b)(6)
       
                  Piping associated with UST systems with field-constructed tanks greater than 50,000 gallons

                  Piping associated with airport hydrant systems 

 4.5.1       Internal Lining [ask Roy]
 The internal lining method of corrosion protection typically involves cutting a hole at the top of the tank, cleaning the tank, sandblasting the interior, assessing the structural integrity of the tank, repairing any minor holes, and lining the interior with epoxy or polyester resin (non-corrodible material) with an approximate thickness of 1/8-inch. The lining shall be compatible with the product, and shall be installed in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory.

 Within ten years after the installation of the lining, and every five years thereafter, the lined tank shall be internally inspected and found to be structurally sound with the lining still performing in accordance with original design specifications.

 4.5.2     Cathodic Protection [ask Roy]
 Impressed current systems is the preferred method of cathodic protection for existing tank systems. A general description of impressed current systems is presented in Section 4.4.1.2 +

 Before cathodic protection is added to the tank system, the tank needs to be assessed for structural integrity. Tank integrity shall be ensured using one of the following methods:

                  The tank is internally inspected and found to be structurally sound and free of corrosion holes;
     
                  The tank is less than 10 years old and automatic tank gauging, soil vapor monitoring, ground-water monitoring, interstitial monitoring or statistical inventory reconciliation is used for release detection;
     
                  The tank is less than 10 years old and is tested for tightness prior to installing the cathodic protection, and between three and six months following the first operation of the cathodic protection; or
        
                  The tank is assessed for corrosion holes by an alternative method that is determined acceptable by the Department.
     
 After the tank is determined to be structurally sound and free of corrosion holes, the cathodic protection system, which shall be designed by a corrosion expert, may be installed. Operation and maintenance of the cathodic protection system shall include the following:

                  System inspection and testing by a qualified cathodic protection tester must be conducted within six months of installation and at least every three years thereafter;
     
                  Maintaining records of the last three inspections and testing results;
     
                  Impressed current cathodic protection systems must also be inspected every sixty days to ensure the equipment is operating properly;

                  Maintaining records of the last three voltage and amperage readings for impressed current systems. Compare voltage and amperage readings to the system's designed values (field readings should be the same or greater than the designed values); and
     
                  System inspection and testing must be conducted within six months of any repairs to the tank or cathodic protection systems.

 Department inspection of cathodic protection systems should include a test of the system. The testing methods for impressed current systems are discussed in Section 4.4.1.2.

 4.5.3     Combination Internal Lining and Cathodic Protection
 The option of using both internal lining and cathodic protection shall meet the requirements listed in the above two sections, except that the tanks no longer need to be internally inspected after installation.

 4.6       Existing Metal Piping Upgrades
 Existing steel piping must have cathodic protection, which shall be designed by a qualified corrosion expert and installed in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory. The cathodic protection system for piping shall be tested and inspected periodically as described for cathodic protection systems for tanks. No assessment of the condition of the piping is required; and there are no age requirements for the piping. Typically, corrosion protection for piping will either consist of piping replacement with non-corrodible material, encased in non-corrodible material, or included within the impressed current system installed for the tanks.
 
 4.7       Financial Responsibility
 Another facet of the UST site inspection is to determine if the facility can demonstrate it meets state financial responsibility requirements. State financial responsibility requirements are found in HAR Chapter 11-280.1, Subchapters 8. The state financial responsibility requirements are designed to ensure that the O/O can pay the costs of clean up in the event of a release.

 Either the O/O of the UST system must demonstrate financial responsibility. If the O/O are different individuals or firms, it is the responsibility of the O/O to decide who will demonstrate financial responsibility for the UST system.

 Federal and state governments (and their agencies) are not required to demonstrate financial responsibility for UST sites under their ownership. Local governments, however, are required to comply with the financial responsibility requirements.

 The following USTs are not covered by the financial responsibility requirements:

                  Any UST system holding hazardous wastes listed or identified under HRS Chapter 342J or the rules adopted thereunder, or Subtitle C of the Solid Waste Disposal Act or a mixture of such hazardous waste and other regulated substances [§11-280.1-10(b)(1)]
     
                  Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under HRS Chapter 342D or section 402 or 307(b) of the Clean Water Act, or any wastewater treatment tank systems not covered under such act [§11-280.1-10(b)(2)]
     
                  Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks [§11-280.1-10(b)(3)]
     
                  Any UST system whose capacity is 110 gallons or less [§11-280.1-  
                                 10(b)(4)]
     
                  Any UST system that contains a de minimis concentration of regulated substances [§11-280.1-10(b)(5)]
     
                  Any emergency spill or overflow containment UST or tank system that is expeditiously emptied after use [§11-280.1-10(b)(6)]

                  Any USTs or tank systems containing radioactive material that are regulated under the Atomic Energy Act of 1954 (42 U.S.C section 2011 and following) [§11-280.1-10(c)(3)]

                Any UST system that is part of an emergency generator system at 
                                   nuclear power generation facilities licensed by the Nuclear Regulatory  
                                   Commission and subject to Nuclear Regulatory Commission  
                                   requirements regarding design and quality criteria, including but not 
                                   limited to 10 C.F.R. Part 50 [§11-280.1-10(c)(4)]

 The amount of financial responsibility coverage required for an O/O is determined by the type of business, throughput of the tank(s), and the number of tanks at the site. 

 Financial responsibility requirements fall into two types: per occurrence and annual aggregate.

 Per occurrence
 "Per occurrence" means the amount of money available to pay the costs of a single occurrence or release from a UST. If the tank is used in petroleum production, refining or marketing (such as service stations or truck stops), the O/O must be able to demonstrate that they have $1 million of "per occurrence" coverage. The "per occurrence" amount may be less if the tanks are located at a facility not engaged in petroleum production, refining or marketing. In this case, if the facility has a monthly throughput of 10,000 gallons or less, then $500,000 of "per occurrence" coverage is required.

 Annual aggregate
 O/O must also have coverage for an annual aggregate amount. The annual aggregate amount is the total amount of financial responsibility that O/O must have to cover all releases that might occur in one year. The amount of aggregate coverage required depends upon the number of tanks at the facility: $1 million annual aggregate coverage for 1 to 100 USTs, and $2 million annual aggregate coverage for 101 or more USTs.

 O/O can demonstrate financial responsibility requirements through a variety of options:


Group of UST Owners and Operators 
Per Occurrence Coverage 
Aggregate Coverage 
USTs or tank systems located at petroleum marketing facilities, or that handle an average of more than 10,000 gallons of petroleum per month based on annual throughput for the previous calendar year 
$1 million

O/Os of one to one hundred petroleum USTs

$1 million 

All other O/Os of petroleum USTs or tank systems
$500,000

O/Os of one hundred one or more petroleum USTs
$2 million 
$2 million 

Financial Responsibility Requirements 

               Pass a financial test of self-insurance - An O/O, and/or guarantor, 
                     may satisfy the requirements of §11-280.1-93 by passing a 
                     financial test that conforms to the requirements of §11-280.1-95 
        
 Obtain a guarantee  -  An O/O may satisfy the requirements of §11- 
                     280.1-93 by obtaining a guarantee that conforms to the requirements  
                     of §11-280.1-96

 Insurance and risk retention group coverage - An O/O may satisfy the 
                     requirements of §11-280.1-93 by obtaining liability insurance that    
                     conforms to the requirements of §11-280.1-97
        
 Obtain a surety bond  -  An O/O may satisfy the requirements of 
                     §11-280.1-93 by obtaining a surety bond that conforms to the  
                      requirements of §11-280.1-98
        
    Obtain a letter of credit  -  An O/O may satisfy the requirements of §11-
                     280.1-93 by obtaining an irrevocable letter of credit that conforms with   
                     requirements of §11-280.1-99. The issuing institution must be an 
                     entity that has the authority to issue letters of credit in the State of 
                     Hawaii and whose letter-of-credit operations are regulated and 
                     examined by a federal or state of Hawaii agency 

 Set up a trust fund  -  An O/O may satisfy the requirements of §11- 
                     280.1-93 by establishing a trust fund that conforms to §11-280.1-102. 
            
 Standby trust fund  -  An O/O using a guarantee, a surety bond, or 
                    a letter of credit must establish a standby trust fund that conforms  
                    to the requirements of §11-280.1-103.

 Substitution of financial assurance mechanisms  -  An O/O may 
                     substitute any alternate financial assurance mechanisms as specified in 
                    §11-280.1 subchapter 8, provided that at all times the O/O 
                    maintains an effective financial assurance mechanism or 
                    combination of mechanisms that satisfies the requirements of 
                    §11-280.1-93
 
 In addition to the above, if the O/O is a local government, they have four additional financial responsibility compliance methods:
 
                Local government bond rating test  -  that conforms to the requirements 
                     of §11-280.1-104
         
                   Local government financial test  -  that conforms to the requirements of  
                         §11-280.1-105
         
                Local government guarantee  -  that conforms to the requirements of  
                         §11-280.1-106
         
                Local government fund  -  that conforms to the requirements of §11-
                          280.1-107 
         
                Cancellation or nonrenewal by a provider of financial assurance 
                     must conform to the guidelines outlined in §11-280.1-109

 The O/O must maintain the following records at their place of business if they provide the Department with a letter of record retention:

                Recordkeeping  -  O/Os must maintain evidence as required in §11- 
                     280.1-111 of all financial assurance mechanisms used to demonstrate 
                     financial responsibility under §11-280.1 subchapter 8 for an 
                     underground storage tank or tank system until released from the 
                     requirements of §11-280.1-113 
     
 O/O Reporting  -  O/O must submit appropriate forms listed in §11-
                     280.1-111(b) documenting current evidence of financial responsibility to    
                     the director as required in §11-280.1-110 
            
  Other circumstances relating to Financial Responsibility Requirements:

                    Drawing on financial assurance mechanisms  -  the director can require the guarantor, surety, or institution issuing a letter of credit to place the amount of funds stipulated by the director as required in §11-280.1-112
            
                    Release from the requirements  -  an O/O is no longer required to maintain financial responsibility under §11-280.1 subchapter 8 for a UST or tank system after the tank or tank system has been permanently closed or undergoes a change-in-service or, if release response action is required, after release response action has been completed and the tank or tank system has been permanently closed or undergoes a change-in-service as required in §11-280.1 subchapter 7

                    Bankruptcy or other incapacity of O/O or provider of financial assurance  -  O/O must notify the director of voluntary or involuntary proceeding under Title 11(Bankruptcy) and show documentation of financial responsibility within established timetables as required in §11-280.1-114   
            
 Commonly, in Hawaii most UST owners will have an insurance policy. At the UST inspection, document the name of the insurance company and their phone number for verification. Check the insurance policy to determine that it is for the UST and workers' compensation or some business liability policy. It has occurred where O/Os have altered to "pass off" their general liability policy (with coverage of $1million) as a UST policy. These policies are not the same. The insurance policy must mention the word "underground storage tank" and have the appropriate "per occurrence" and "annual aggregate coverage" listed, commonly $1 million/$1 million or $500,000/$1 million.
 





















                                                    
                                                    
                                                    
                                                    
                                                    
                                                    
                                               SECTION 5

                                  UST INSTALLATION INSPECTIONS
                                                    
                                       
                                       
  5.1   Preparation for Installation Inspection
 An important duty as a UST compliance inspector is to perform new UST installation inspections. Please remember during inspections that safety comes first: bring your hard hat, safety shoes, safety glasses and your common sense! For more information on health and safety, see Section 10, Health and Safety During Inspections. The inspector will also need a clipboard, installation inspection checklist, the checklist key, a copy of the facility's permit application, business cards, and a camera.
 
                                        

  5.2   Installation Inspections

 On arrival to the installation area, locate the Site Safety Officer and introduce yourself as a representative of the State Department of Health. Next, locate the representative of the facility which applied for the permit, and the supervisor of the installation contractor. Verify that tank dimensions and materials of construction are the same as those on the application. Complete the UST Installation Checklist beginning with item 1. Consult the Installation Checklist Key for an item-by-item description of the checklist (Installation Checklist and Key below).
 
                     UST Installation Inspection Checklist
                                                     Facility Information 
Facility Name: ____________________   Facility Location: _________________________
Registration Number: _______________  Permit/Registration Date: ___________________
 
                                                     Contractor Information 
Contractor: _______________________  Certified:        Yes___  No ____
Supervising Installer: ______________    Certified by: __________________   Cert. No._____ ______
 
                                             To complete the following information: 
          Place a check after each applicable item and also in the small shaded box if you make comments on an additional page
 
Date: 
                                              Preinstallation Tank Information 
Type of Leak Detection:  INV/TT __   ATG __ MTG __ GWM __ VAPMON __ SECCON __ 
Tank Construction:           CPS/G ___    CPS/IC ___     FRP ___     COMP ___   JACK ___ 
Proper Preinstallation:       5 PSI ___      Soap Applied ___    Visually Inspected ____ 
Tank Manufacturer: 
Tank UL Number: 
 
Date: 
 Excavation 
OSHA Excavation Method:        Sloping ___               Shoring ____     None Observed ____
Soil Type:                                    Stable   ___                 Unstable ____     Not Determined ____
Geofabric (filter fabric)               Used: Yes ___           No ____              Not Determined ____ 
Size of Excavation:                     Adequate ____          Inadequate ____  Not Determined ____ 
Depth of Excavation:                   Adequate ____           Inadequate ___  Not Determined _____
 
Date: 
 Anchoring 
Ground Water Location:  Above Tank Bottom ____  Below Tank Bottom ____  Not Determined ____ 
Impervious Soil that Would Produce "Bath Tube" Effect:  Yes ___   No ___   Not Determined ____ 
Type of Anchoring: Deadmen ___  Bottom Anchor Pad ___  Deep Burial ___    Not Determined ___ 
 
Date: 
 Piping Trench 
Trench Width:     6 inches Between Pipe and Sides ___   Twice Pipe Diameter Between Piping Runs __
Trench Depth:   6 inches Bedding Below Pipe ___   18 Inches Cover ___     Sloped to Tank ___
Proper Bedding:     Sand ___     Pea Gravel ___      Crushed Rock ___      6 Inches Think ___ 
Proper Backfill On-Site:     Sand ___                   Pea Gravel ___                  Crushed Rock ___ 
 
Date: 
                                              Piping 
Piping Material:                   FRP ___                   CP Steel ___                            Flexible ___
Piping Layout:                     Adequate ___            Inadequate ___                  Not Determined ___ 
Piping Assembly:                Adequate ___            Inadequate ___                 Not Determined ___ 
Piping Tightness Test:           50 PSI ___              Soap Applied ___           Visually Inspected ___   
 
Date: 
 Piping Leak Detection 
Type of Leak Detection:        PPT__          GWM __          VAPMON__         SECCON __
Suction 
 Check Valve Location:                Under Pump __                Tank Top __ 
Pressure
 Line Leak Detector:                      Mechanical __                  Electronic __ 
 
Date: 
 Cathodic Protection 
Tank of Soil Voltages:             Tank #1 __      Tank #2 __      Tank #3 __     Tank #4 __  
Piping of Soil Voltages:            Pipe #1 __       Pipe #2 __        Pipe #3 __     Pipe #4 __
Type and Number of Piping Anodes:         Zinc __       Magnesium __         Number __ 
Type of Piping Isolation:          Nylon Bushings __         Isolating Unions __   Bolted Flanges __ 
Type of Piping Coating:          Fusion Bonded Epoxy__   Polyethylene __     Field Applied __
 
Date: 
 Spill and Overfill Protection 
Spill Containment Manhole:                   Yes ___ No ___ Capacity ___ 
Overfill Protection Device:        Flow Restriction ___    Flow Shut Off ___    Alarm ___ 
 
Date: 
 Final Paperwork
Certification of Compliance: Certified Installer ___ P.E. Certified ___ Manufacturers Checklists Completed ___
Tank Installation Checklist: O/C Tanks ___ Xerxes ___ STI  -  P3 ____ STI  -  ACT 100 ___ 
Piping Installation Checklist:          FRP ___ 
Certification of Leak Detection Equipment Performance Yes___   No___ Manufacturer ___ 

Photographs Taken:              Y/N
Site Sketch:                           Y/N
Additional Comment Page:   Y/N
   
Inspector's Signature:              _____________________________    Date: _________________
Contact Person's Signature:     _____________________________     Date: ________________
Inspection Complete: ___ Follow up Required: ___ No Further Action At this time: _____
 
 
            UST INSTALLATION INSPECTION CHECKLIST KEY

 FACILITY INFORMATION

 Contractor
 The name of the company performing the installation.

 Supervising Installer
 The name of the person in charge of the installation.

 Certified
 Is the installer certified by the manufacturer to do tank and piping installation work?

 PRE-INSTALLATION TANK INFORMATION

 Type of Secondary Containment
 Write in the type of secondary containment being used for the tank(s) at this site. Possibilities include double walled tank, compartmented tanks, double-walled tank with liquid-filled interstice, or double-walled thank with vacuum on interstice. Excavation liner or concrete vault. 

 Tank Construction
 Write in the tank construction. Possibilities are steel, fiberglass, or some combination such as fiberglass clad steel or steel with a jacket of high-density polyethylene.

 Proper Pre-Installation Test
 Was the tank pressurized with air (no more than 5 psi), washed with a soap solution, and inspected carefully for soap bubbles? The interstitial space of double walled tanks must not be connected directly to an air compressor to pressurize it. Consult manufacturer's instructions or PEI/RP100-17 for more detailed procedures. Some double walled fiberglass tanks are shipped from the factory with a release detection liquid already in the interstitial space. For these tanks, the pre-installation test consists of looking into the primary tank to see if any of this liquid is present and inspecting the outside of the tank for any signs of liquid releasing out. The primary tank must still be pressurized to 5 psi and the fittings and manways soaped to check for releases at these locations.

 Tank Manufacturer
 Write in the name of the company that manufactured the tank. For example: Massachusetts Engineering, Highland Tank, Drummond Tank, Mohawk, Owens Corning, Xerxes, Cardinal, Corespan.

 Tank UL (Underwriters Laboratories) Number
 Tanks constructed to UL standards have a brass plate about 1.5 x 5 inches attached somewhere along the top centerline of the tank. The plate has a serial number stamped on it that is unique to that tank. UL Canada uses a similar system.
 
 EXCAVATION
 
                                       
                                       
 OSHA Excavation Method
 If workers are to be present in the excavation at any time, what method was used to ensure worker safety? Possibilities include shoring with timber or steel, or sloping back the sides of the excavation.

 Stable/Unstable Soils
 Are the soils at the site stable or unstable? Unstable soils are described as muck, bog, peat, swamp or fill where the soil is soft. Unstable soils are defined as having less than 750 lbs./sq. ft. cohesion in an unconfined compression test, or soils with an ultimate bearing capacity of less than 3500 lbs./sq. ft. Unstable soils require larger excavations when installing fiberglass tanks.

 Filter Fabric Used
 Was a filter fabric material used to prevent migration of backfill in unstable soil conditions or areas with fluctuating water tables?

 Size of Excavation
 Excavation length and width should allow for a minimum 12-inch spacing on all sides of steel tanks. In unstable soils, the excavation size must allow for a distance of one-half the tank diameter between the tank and the excavation walls.
 
 Depth of Excavation
 The total depth of the tank excavation is determined by the tank diameter, the bedding thickness, the concrete anchoring pad if one is used, and the thickness of the cover material (refer to PEI RP100-18 for cover depths required in traffic and non-traffic areas), and slope and length of piping. 

 ANCHORING

                                       
                                       
 Ground Water Location
 Is ground water present in the hole, or is there evidence of the location of the water table in the native soils such as mottling?

 Soil that would produce a "bathtub" effect
 Are soils so impermeable that infiltrating surface water might accumulate in the hole after installation and float the tank?

   Type of Anchoring Used
  Possibilities are: none, burial depth greater than 60% of the tank diameter, concrete                    deadmen, reinforced concrete pad under tank.
  
  Certification of Compliance
  The tank owner or installer must certify that the installation meets all of the technical requirements of the regulations. 
  
  Tank Installation Checklist
  All major tank manufacturers provide checklists to ensure that all the important installation steps have been completed. Fiberglass tank manufacturers generally require that a copy be returned to them to validate the warranty. STI  -  P3 tanks have an "Installer Information Card" that must be returned to the Steel Tank Institute to validate the warranty and initiate the cathodic protection monitoring service.  
  
  Piping Installation Checklist 
  Fiberglass piping manufacturers provide a checklist of important installation steps. Has this been completed by the installer? 
  
  Certification of Release Detection Equipment Performance 
  Tank tightness tests (0.1 gph) and automatic tank gauges (0.2 gph), line leak detectors (3 gph) and piping tightness tests (0.1 gph) installed or conducted on the storage system must all be certified by the manufacturer as being able to detect the specified release rate with probability of detection of 95% and a probability of false alarm at 5%. 
        
   PIPING
   
                                       
                                       
   Type of Secondary Containment
   Possibilities include rigid double walled, flexible outer wall, flexible inner and outer wall,      
   flexible trench liner, rigid trench liner. Secondary containment should include sumps at 
   the tank top and under the dispensers that can be made of steel, fiberglass, or high-density 
   polyethylene.
        
   Piping Material
   This can be steel, fiberglass, or specialized hybrids. Refer to PEI/RP100-18 for proper    
    installation based on specific piping material.
        
    Piping Layout
    Check for parallel piping runs in a single trench, avoid piping runs across tanks, lines      
    should slope smoothly at 1/8 inch per- foot back to the tanks. Piping runs separated by at   
    least twice the pipe diameter.
        
    Piping Assembly 
    For steel piping, sharp thread cutting dies, product compatible thread sealant, proper size   
    wrenches, minimum 150 lbs. malleable iron fittings. Flex connectors or swing joints at  
    tank top and under dispenser islands. No buried unions. For fiberglass piping, proper
    adhesive application and curing, look for even bead of adhesive around all pipe fittings, 
    use of flex connectors (not swing joints) at tank top and under dispenser islands. No
    buried unions.
        
    Piping Tightness Test
    Piping isolated from tank, pressurized to minimum 50 psi. All joints and fittings and entire 
    length of fiberglass pipe soaped and carefully inspected for bubbles.

    PIPING TRENCH
     
                                       
                                       
    Trench Width
    Must allow for spacing of twice the pipe diameter between piping runs (e.g., 4 inches   
    for 2-inch pipe) and 6 inches between the piping and the excavation side walls.
        
    Trench Depth
    Ensure that the trench is sufficiently deep to permit 6 inches of bedding and at least 18  
    inches of compacted backfill material and pavement above the top of the pipe. Trench 
    depth must permit sloping the piping back to the tank excavation. If a piping 
    manufacturer permits a shallower installation depth, that depth may be utilized, 
    providing the installation is thoroughly compliant with the manufacturer's specification 
    for configuration and quality.
        
    Proper Bedding 
    As a general rule, carefully grade and compact bedding to ensure a minimum slope of 1/8   
    inch per foot toward the tank vapor, vent, gravity fill and suction supply lines with no traps 
    or sumps. If sand is used it should be mechanically compacted. In pressure systems, slope 
    may not be necessary. 
        
    Proper Backfill on Hand
    Use clean sand or pea gravel (3/4-inch maximum size) or crushed rock (1/2-inch maximum   
    size) for piping backfill material. Before backfilling, remove any rocks, debris or other 
    foreign material from the piping trench. Also remove any chocks or bracing used to support 
    or align piping during construction.
        
    PIPING RELEASE DETECTION

    Interstitial Monitoring Method
    What method will be used to monitor the piping? Possibilities include continuous vapor   
    monitoring, continuous monitoring for liquids, or visual inspection of the piping sumps.
        
     PRESSURIZED PIPING RELEASE DETECTION
        
    Mechanical Line Release Detector
    Is there a mechanical line release detector (usually a 6 sided gizmo about the size of a     
    grapefruit, painted red) installed on the submersible pump manifold (the part of the pump 
    that sticks up above the tank).
        
    Electronic Line Release Detector
    Electronic line release detectors vary according to tank specifications. Please refer to    
    PEI/RP100-17 detailed instructions.
        
     SUCTION PIPING RELEASE DETECTION
        
     Check Valve Under Pump
     Check to be sure there is only one check valve present in the system, and that the valve is   
     near the suction pump. If this method is used, it is the only piping release detection 
     required.
        
     CATHODIC PROTECTION
     
     Tank to Soil Voltages
     Are all of the tank to soil voltages measured greater than .85 volts?
     
     Pipe to Soil Voltages
     Are all the pipe to soil voltages for any cathodically protected steel piping greater than .85     
     volts?
        
     Type and Number of Piping Anodes
     What type anodes (magnesium or zinc) were used and how many are installed.
        
     Type of Piping Isolation
     Possibilities include nylon bushings, isolating unions, and isolating flanges. Have all     
     tank/piping and piping/pump isolating connections been checked for absence of electrical 
     continuity?
        
     Type of Piping Coating
     Steel piping must be coated, preferably with a factory-applied, wrapped, dielectric   
     cathodic protection system design for all installations. Use a site-specific cathodic 
     protection system for all installations. 
        
     SPILL AND OVERFILL
        
     Spill Containment Manhole
     Is a spill containment manhole of the required capacity present?
        
     Overfill Protection Device
     Possibilities include: float vent valve, drop tube shut-off device or high-level alarm. If a    
     float vent valve is used, is there an extractor fitting so the valve can be checked and/or 
     removed for tightness testing? Is there a float vent valve for every opening into the tank 
     vapor space (e.g., Stage 1 or Stage 2 vapor recovery lines)? Will deliveries ever be made 
     to this tank under pressure? (Fuel oil deliveries and small gasoline deliveries are usually 
     pumped into the tank rather than flowing in by gravity. If the float vent valve closes 
     during a pumped delivery, the tank will likely rupture.) If a high-level alarm is present,  
     can it be heard by the person making the delivery?

     FINAL PAPERWORK
     
     Certification of Compliance
            The tank owner or installer must certify that the installation meets all of the technical 
            requirements of the regulations.
      
     Tank Installation Checklist
     All major tank manufacturers provide checklists to ensure that all the important  
     installation steps have been completed. Fiberglass tank manufacturers generally require 
     that a copy be returned to them to validate the warranty. STI-P3 tanks have an 
     "Installer Information Card" that must be returned to the Steel Tank Institute to 
     validate the warranty and initiate the cathodic protection monitoring service.
     
     Piping Installation Checklist
     Fiberglass piping manufacturers provide a checklist of important installation steps. Has  
     this been completed by the installer?
     
     Certification of Release Detection Equipment Performance
    Tank tightness tests (0.1 gph) and automatic tank gauges (0.2 gph), and line leak   
    detectors (3 gph) installed or conducted on the storage system must all be certified by 
    the manufacturer as being able to detect the specified release rate with a probability of 
    detection of 95% and a probability of false alarm of 5%.

For more detailed information on UST system installation please refer to the most updated Petroleum Equipment Institute (PEI) instructional booklet. 
        
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                   SECTION 6

                            UST CLOSURE INSPECTIONS
                                       
                                       

  6.1	General Discussion
 UST closure activities are summarized in three sections: UST Removal Procedures (Section 6.3.1), UST Closure-in-Place (Section 6.3.2), and Temporary closure (Section 6.3.3). 
 
 Inspectors unfamiliar with regulatory requirements for closure activities should review 40 CFR 280 Subpart G and HAR 11-280.1 Subchapter 7.

 The inspector overseeing UST closure activities must be aware of the regulatory requirements for each type of closure. Inspectors' duties at a closure inspection include regulatory oversight of site safety, sample procurement, assessment of the UST system, management of excavated soils, disposition of generated waste, reporte of all relevant information, and compliance with all applicable federal and state regulations. 

 The inspector plays a regulatory role at a closure site that is not undergoing state led action. Inspectors do not direct work but can offer guidance. The following guidelines will provide inspectors with an overview of their responsibilities during oversight of closure activities. A checklist for closure activities is found in Appendix 7-A. [I have scanned the list: is in Q-> Scan ->Cosme 

    Preparation for Site Inspection
 Information about the facility must be reviewed, the O/O notified, and the necessary equipment prepared. The following procedures must be followed:

 Review the facility file for pertinent information: proposed date of closure activity, site address, size and location of the UST/s, product, past releases, and of O/O. Make copies of information you need to take out to the site. Do not remove file information from the office.
     
 Contact the O/O and contractor to confirm the date of the closure activity and to give notice of your inspection.
     
 Prepare appropriate personal protective equipment (PPE): hard hat, ear plugs, safety shoes, safety glasses, and respiratory protection.
     
 Prepare documentation tools: camera, batteries, field notebook, and "UST Closure Inspection Checklist" (Appendix 6-A).

     6.3    Site Inspection
 Upon arrival at the site, identify yourself to the O/O and/or contractor and explain the purpose and scope of the inspection. Document field activities with notes and photographs.
 
  6.3.1    UST Removal Procedures
 You should request to see the contractor's work plan and site safety plan. The contractor's work plan should contain the following minimum provisions:
 
              Remove all product possible (no more than 1 inch of residue, or 0.3 percent by weight of the total UST system capacity)
     
      Monitor the UST atmosphere with combustible gas meter and    
                oxygen meter
     
 Purge the UST of explosive vapors and monitor the lower explosive limit  
                (LEL)
     
 When LEL is measured at less than 10%, open the UST using a non-sparking 
                 cutting tool
     
      Flush the UST lines, catching residual product for proper disposition
         
      Clean the UST interior with non-toxic degreaser
     
 Proper disposition of recovered product, rinsate, sludge, UST(s), 
                        and associated piping
     
 Proper segregation, stockpiling, and final disposition of soils, 
                and if applicable
     
 Removal of the UST from the excavation and rendering the UST 
                 unusable prior to final disposition.

 For guidance on determining a sampling plan, including groundwater see the HEER Environmental Action Levels (EALs), and chapter 6 of the HEER TGM. The number and location of samples is related to the UST's size, piping, and site-specific factors.

  6.3.2     UST Closure-in-Place
 At least 30 days before beginning permanent closure of a UST or tank system, O/Os must notify the Department in writing of their intent to permanently close, unless such action is in response to a confirmed release. Also,  
 
  O/Os must notify the Department at least 7 days before the exact date of   
               excavation
 
 Empty and clean the UST and tank system: no more than 2.5 centimeters (one 
              inch) of residue, or 0.3 percent by weight of the total capacity of the UST   
              system should remain in the system. 
 
 Close the tank in place in a manner approved by the Department.
 
 Conduct a site assessment in accordance with §11-280.1-72.

 If there is a suspected release or a confirmed release, please refer to 
                      section 7 "Suspected Releases" and section 8 "Releases" for additional 
                      information.

 Within 30 days of completing a permanent closure or change-in-service, 
              O/Os must submit a notification to the Department indicating completion 
              of the closure or change-in-service.

 The Department does not require removal of USTs from the ground as part of UST closure activities. O/Os may choose to close their USTs in-place. However, local fire authorities usually require the removal of USTs from the ground but may waive the requirement if removal of UST may cause structural damage to adjacent or overlying structures. 

  6.3.3.       Temporary Closure:
 Spill and overfill operation and maintenance testing and inspections in §11-280.1 subchapter 3 are not required during temporary closure

 Release detection and release detection operation and maintenance testing and inspections in §11-280.1 subchapters 3 and 4 are not required 
       
 O/Os must continue operation and maintenance of corrosion protection of temporarily closed UST system in accordance with §11-280.1-31 and applicable release detection in accordance with §11-280.1 subchapter 4
       
 §11-280.1 subchapters 5 and 6 must be complied with if a release is suspected or confirmed 

 A UST system is empty when all materials have been removed using commonly employed practices so that no more than 1 inch of residue, or 0.3 percent by weight of the total capacity of the UST system, remain in the system

 When a UST system is temporarily closed for 90 days or more, O/Os must also comply with the following requirements: 

 Leave vent lines open and functioning 
 Cap and secure all other lines, pumps, manways, and ancillary equipment 
                  
 When a UST system is temporarily closed for more than 12 months, O/Os must permanently closed the UST system if it does not meet the applicable design, construction, and installation requirements of §11-280.1 subchapter 2, except that the spill and overfill equipment requirements do not have to be met
            
 O/Os must permanently close the substandard UST systems at the end of this 12-month period in accordance with sections §11-280.1-71 to §11-280.1-74, unless the Department provides an extension of the 12-month temporary closure period

 O/O must complete a site assessment in accordance with section 11-280.1-72 before such an extension can be applied for 


                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                  SECTION 7 
                                       
                              SUSPECTED RELEASES
                                       
                                       
                                       
   7.1     General Discussion
 Hawaii Administrative Rules (HAR) 11-280.1, Subchapter 5, require O/Os to take specific steps to respond to suspected releases from their USTs. This is largely a self-implementing component of the State's UST regulations that involves minimal direct oversight by the Department.

 Typically, site inspections are not conducted for suspected releases. Instead, the O/O is responsible for complying with HAR 11-280.1, Subchapter 5. O/Os are required to investigate all suspected releases and confirm their existence within 7 days of the discovery of the suspected release. The investigation and confirmation process include the use of systems tests and site assessment. 
 
 Inspection of a suspected release site must occur where there is a potential serious threat to human health or the environment. An example where an inspection might be appropriate is if offsite impacts (free product or vapors in soils, basements, utility lines or nearby surface waters) were reported and the source of the release was unknown. 
 
 Then inspections of adjoining properties with USTs could prove useful in identifying a likely source or sources. In such a case, a review of Section 3 "Preparing for an Inspection" and Section 6 "Field Inspection for Release Notification" should be reviewed and followed.

 O/Os are required to contact the Department within 24 hours of discovering evidence of a potential release of regulated substances. The conditions which indicate a suspected release are described in §11-280.1-50 and include: 
 
 discovery of by any person of evidence of released regulated substances at the UST site or in the surrounding area (such as the presence of free product or vapors in soils, basements, sewer and utility lines, and nearby surface water)
       
 unusual UST or tank system operating conditions observed or experienced by O/Os (such as the erratic behavior of product dispensing equipment, the sudden loss of product from the UST system, and unexplained presence of water in the tank, or liquid in the interstitial space of secondarily contained systems), unless 

 the system equipment or component is found to be releasing regulated substances to the environment
                  
 any defective system equipment or component is immediately repaired or replaced 

 For secondarily contained systems, except as provided for in §11-280.1-43(7)(B)(iv), any liquid in the interstitial space not used as part of the interstitial monitoring method is immediately removed.  

 monitoring results, including investigation of an alarm, from a release detection method required under §11-280.1-41 and §11-280.1-42 that indicate a release may have occurred. In most cases this notification will be provided to the Department over the telephone.


                        Unusual UST operating conditions
       Discovery of released regulated substances at UST site or in area
               UST release detection method indicates a release
            Discovery of release during Department UST inspection 
 
 
 
                O/O calls in suspected release to the Department
 
 24 Hours
 
          Fill out the Department UST Confirmed/Suspected Release Form
 
 
 
                     Provide one copy for USTRAC data entry
      Prepare Suspected Release Standard Letter and send to O/O (email?)
 
 
 
                           Is there a facility file?
                  Inform UST Unit Leader for file preparation
                                                                                 NO
 
 
                                                         YES
               File the signed standard letter and release form 
 
 
 
 
            Did the Department receive 7 day notification from O/O?
         Follow up with O/O determine if time extension is appropriate
                       NO
 
        O/O prepares Disconfirmation of Release Report (due in 30 days) 
 
 
 
 	YES
                     Contact O/O for additional information
                   Does the Department  concur with report?
                          Was the release confirmed?
                                                                              NO 	                                                NO
 
 
 
                                                                                                               YES
 Prepare no Further Action for Suspected Release letter.
	YES                      O/O follows release response process
                                                                                                                                  
 
 
 
 
  7.2    Notification of a Suspected Release
 O/Os are required to notify the Department within 24 hours of the discovery of a suspected release. In the majority of cases this notification will occur over the telephone. The staff who receives a call reporting a suspected release must request the necessary information from the caller to complete the Department Standard Interview Form - UST Confirmed/Suspected Release form [Q:UST:Personal:suspected release order]. This form only requires that very general information be collected for the reporting of a suspected release. Requested information includes: 
 
 person reporting
        
 facility location and contact person
 
 responsible party
 
 description and date of suspected release, and 

 if the release is confirmed, the reporting O/O or their consultant must provide the Facility ID. If they do not know it, then the staff should query the USTRAC database to find it. The UST staff must request that if the suspected release is confirmed, the Department notification must be sent to the person who received the suspected release call.

 Following the reporting of the suspected release, the UST staff who received the call needs to prepare a standard form letter found [name of the letter?] at Q:\UST\References\Letter [Is this an actual location?]
 
 In the case of military facilities or the large gasoline franchise retailers, it will not usually be necessary to send the TGM letters as they have previously received this information. [ Do we skip sending a letter to big companies? Roxanne ] Once signed and mailed to the O/O, both the Department Standard Interview Form - UST Confirmed/Suspected Release and Suspected Release Letter should be placed in the UST file for the facility. 
 
  7.3     Discovery of Suspected Release During an Inspection
 A suspected release may be discovered during an UST operation inspection that has not been reported to the UST Section. For example, during an inspection the inspector discovers a shortage of product in the inventory control records for 3 consecutive months. In these cases, the inspector needs to provide guidance to the O/O as to what steps are necessary. Following the inspection, the inspector needs to do the following:

                      Send the owner, operator, and representative our standard Suspected   
                 Release Letter 
     
                       The Department Standard Interview form  -  UST Confirmed/Suspected Release form and the Suspected Release Letter must be placed in the UST facility file

                        Provide a data entry copy of the Suspected Release Letter to the LUST Unit leader

 Again, staff needs to keep track of the suspected release until a determination is made whether a release occurred or not. The result of this type of release could either be a confirmed release or a disconfirmed release.

                  If it is a confirmed release, the inspector must log the release in the release log notebook and send a Standard Confirmed Release letter to the O/O. A data entry copy of the Confirmed Release Letter is given to the LUST unit leader for data entry. For additional information, refer to Section 8 "Releases" 
     
                  If it is a disconfirmed release, the information needs to be updated in USTRAC. 
     
 The LUST Tracking Section of USTRAC is used to keep track of suspected releases. In the LUST Tracking Section, an alternate event identification number (release identification number) is not assigned. Instead a notation is made in the Comment Section that a suspected release was reported. All pertinent information is inputted into this section.

  7.4     System Tests
  
   
 System tests (tank and line tightness tests or as appropriate interstitial integrity testing) must be used to determine the structural integrity of all parts of a UST system that routinely contain product. The most common type of system test is a tank or line tightness test which requires the use of air or hydrostatic pressure to determine if a tank or line is releasing. Another common tightness test is the tracer test, where a "tracer" ingredient is added to the product and tracer sensors are placed in the soil to determine if a release is occurring. Regardless of the method, tank and line tightness tests performed as system tests must be third-party certified to detect releases as small as 0.1 gallons per hour.

 7.4.1 System Tests in Response to Results of Release Detection Methods
 When a suspected release is reported (by phone, fax or mail), the UST staff person must inquire as to the specific nature of the suspected release to determine the appropriate response. If the suspected release is reported as the result of a failed release detection method, then staff should instruct the O/O to follow these guidelines:

 Warning: Monitoring device (automatic tank gauge (ATG), tank level monitor, ground water monitor, vapor monitor, interstitial monitor) warns of UST release.

 Response: Recommend that a certified technician run a diagnostic check on monitor. If monitor is found to be defective, then immediately repair, recalibrate, or replace the device. If no malfunctions are found, then conduct tank tightness test within 7 days.

 Warning: Monitoring device (ground water monitor, vapor monitor, electronic In-Line monitor, interstitial monitor) warns of release in piping.

 Response: Recommend that a certified technician check for malfunction of the device. If monitor is found to be defective, immediately repair, recalibrate, or replace. If no malfunctions are found, conduct line tightness test within 7 days.

 Warning: Tank or line tightness test fails.

 Response: O/O needs to conduct another tightness test using the most appropriate method for the UST facility and site within 7 days.

 If the UST site fails the follow-up test, the O/O must repair or replace the UST system and begin release response action in accordance with §11-280.1 subchapter 6.

 If the UST site passes the follow-up test and environmental contamination is not the basis for the suspected release, then no further action is required. [No letter?]

 If environmental contamination is the basis for the suspected release and the UST site passes the system test, then O/O must conduct a site assessment according to §11-280.1-52 to determine the origin of the release.

   Site Assessment
 O/O are required to collect soil and/or groundwater samples from locations at the site where the potential for release of contaminants from the tank are the greatest. In general, site sampling and analysis methodology should follow that described in the HEER Technical Guidance Manual, section 5. Justification should be provided by the O/O for the location of collected samples in either the Initial Release Response Report or the Suspected Release Disconfirmation Report. The HEER TGM (http://www.hawaiidoh.org/tgm.aspx) also provides a list of required chemical analyses based upon the type of regulated substances stored in the tank. As in all cases when analytical data is produced as part of an environmental investigation, the quality and acceptability of the data must be considered in the inspector's review of the report.

  Seven Day Notification
 7 days following the discovery of the suspected release the O/O is required to confirm the existence or non-existence of the release from the subject tank system. If at the end of 7 days the O/O has failed to reply, the UST project officer must contact the O/O and request a site status. If the O/O is requiring more time than 7 days to complete release confirmation, they must be informed that a written request is required for an extension. The extension request must provide a rationale why the extension is required and how much additional time is needed to complete the suspected release investigation §11-280.1-52(a).

  Suspected Release Disconfirmation Report
 If it is determined that a release has not occurred, the O/O is required to submit a Suspected Release Disconfirmation Report to the Department within 30 days of the discovery of the suspected release.
 
 The report must include at a minimum the required system testing and site assessment done as part of the investigation. In addition, the report needs to include the equipment manufacturer's or installer's written documentation of any performance claims and their manner of determination. 
 
 The inspector assigned to evaluate the report should consider in their review the 1) accuracy of the systems test and; 2) acceptability of the site check performed. Consideration should be given to the appropriateness of the sample location and depth and the appropriateness of the analytical method (see Section 5 of the HEER TGM). The UST unit must review the system test component of the report as well as manufacturer's performance claims, and the LUST unit must review the site assessment component if environmental sampling and analysis was conducted as part of the investigation.

 If the Department concurs with the O/O's suspected release disconfirmation report, a letter will be sent to the O/O confirming no further action is required for the suspected release investigation. [What is the name of the letter?]

  Suspected Release Confirmed
 See §11-280.1, Subchapter 6 for O/O release response requirements and Section 8 of this manual for the Department inspector's role in a confirmed release response. If a suspected release is confirmed within the 7-day period (or later time if appropriate), a release ID number needs to be assigned to the facility and a Confirmed Release Letter sent to the O/O (see Section 8.2 of this manual).

                                    















                                     SECTION 8 
                                                         
                                   RELEASES
                                   
                                       
 
  8.1    General Discussion [release inspections need to be implemented]
 UST release sites are difficult to generalize due to the high degree of specificity inherent to each site. This specificity is a direct result of site-specific geology, hydrogeology, and the amount of product released, etc. As the inspector, your primary goal is the protection of human health and the environment. All decision-making and investigation is be undertaken with this goal in mind. The release investigation process does take time. Be aware that an individual site inspection during the investigative process is really to determine that the O/O of the site is in compliance with State and Federal regulations at the time of the inspection and intends to continue to be in compliance with future actions concerning the release.

 The Standard Operating Procedure (SOP) to investigate releases involves 3 related procedures: "Log in and Case Assignment"; "Field Inspection"; and "Field Inspection After a Confirmed Release". The guide that follows is intended as a quick reference to the types of information and documentation required for a release investigation.
 
 As a UST inspector, you will receive telephone reports of suspected and confirmed releases. You are responsible for collecting pertinent information about the release and sending out guidance materials to the responsible party's (RP's). See section 7.2 For example, the first letter is the letter Confirmed Release Notification (CRN) once a release is confirmed. The site then becomes part of the LUST section to investigate. The LUST unit leader handles case assignment on a revolving system so that inspectors have comparable caseloads. 
 
 Site visits and inspections should be conducted to ensure that applicable State and Federal regulations are adhered to during investigative and cleanup activities. Various types of reports documenting the above-mentioned activities will be submitted for review. Our response is dictated by the type of report being reviewed and the criteria each different type of report is subject to. 

  8.2     Log-in and Case Assignment
 Confirmed Release Notifications (CRNs) are reported to the UST section both verbally and in writing (Department CRN Form) by the facility O/O or their consultant. Once a release is called-in, the Standard Interview Confirmed Release form is filled out and a release I.D. number assigned and entered on the release log book. On a rotating basis, a Project Officer (PO) will be assigned to receive a certain number of cases as determined by the LUST unit leader and based upon their work share assignment. 
 
 The assigned PO is informed of the release call and given the Standard Interview Confirmed Release Form. The assigned PO will then complete all necessary documents from the information received, including the Department's CRN letter to the O/O informing them of their responsibilities in response to a release from their UST system.

 Once a release I.D. number is assigned to a facility, the O/O is required to send the Department a completed CRN notification form within 7 days after discovery of a release. Pertinent information also needs to be acquired from reporting parties and a Standard Confirmed Release letter needs to be sent to the facility O/O. Inspectors receive the CRN forms, enter the information into USTRAC, and files them into the facility folders. For additional information, see Appendix 9- A Sample CRN letter [Insert letter Shun Sheng, update citation].

  8.3     Field Inspection 

                                       

 Field inspections of reported releases, site investigations, and cleanup activities oversight are often necessary and important components of a Project Officer's review and management of a UST release site. Field visits and inspections acquaint the PO with the release site and surrounding area that the review of submitted reports alone cannot do. A site visit will assist the PO in their review of submitted documents by familiarizing them with the site conditions. 

 Situations may arise where specific expertise is required in the field which the PO does not possess. In these cases, it may be necessary to use in-house expertise in areas such as geology, engineering, or toxicology to assist with the site inspection.

 It is usually advisable to notify the O/O or their consultant of the intended visit to the site for the purpose of a inspection. All field inspections must be prepared for in advance, and when in the field, done with caution and safety in mind. Good judgement is always required when visiting a release site with respect to the hazards that may exist in the area. The PO must consider site specific conditions which dictate the level of personal protective equipment (PPE) that must be worn at the site and take the appropriate equipment to the field. The PO must receive a safety briefing from the O/O's consultant upon their arrival at the site. If not, request one.

 The PO should prepare accurate and thorough notes while in the field describing their observations. It is advisable the PO reviews all pertinent rules and regulations that must be complied with to produce informed notes and concerns. Preparation of drawings and photographs of the site are also useful and must be done as part of the confirmed release inspection.

 Upon return to the office, the PO must prepare a written description of the confirmed release site inspection and include any photos or drawings for inclusion in the site inspection report which will be included in the facility file. The HEER TGM should be consulted for specific Department policy on UST release response site investigation and cleanup procedures. Particularly useful Sections in the HEER TGM to review and be familiar with include Section 2 "Site Discovery, Investigation, and Cleanup", Section 5 "Field Collection of Soil and Sediment Samples", Section 6 "Groundwater and Surface Water Sampling", Section 7 "Soil Vapor and Indoor Air Sampling Guidance" and Section 11 "Handling and Analysis of Samples".

 8.3.1 Field Inspection After a Confirmed Release
 O/Os are required to notify the Department within 24 hours of the discovery of a release of regulated substances from their UST system. It may be appropriate for the Department to visit and inspect the location of the confirmed release. The decision to conduct a field inspection upon notification of a release is made by the PO assigned to the case. Judgement as to the potential severity of impact from the release to human health and the environment and the existing work load of the PO often dictates whether a field inspection will occur. However, it is important that the PO attempt to perform field inspections of reported releases as much as feasible. This will increase their field knowledge of the assigned site and assist in establishing a strong Department field presence at LUST sites. 
 
 Field inspection after a confirmed release are largely done to: 
 
 determine if any immediate hazard exists to human health or the environment from the release which must be promptly mitigated
        
 determine if the O/O or their consultant has properly contained the releases to prevent further spreading of contaminants, and
 
 collect general information about the release site, potential receptors, and potential pathways of exposure.

 It should be kept in mind by the PO conducting the inspection, that if it appears the release has created unsafe conditions for people working at or living near the site, it may be appropriate to contact the DOH Hazardous Evaluation and Emergency Response Office (HEER) (808-586-4226) and request their participation or lead role at the site. For additional information, see Section 10 "Health and Safety During Inspections". 

 Field inspection after a confirmed release notification should include:
     
      Identify if any safety hazard exists and if it has been mitigated
     
                       Confirm status of tank: locate and verify above and below ground components of tank and piping system as shown on available plans
     
      Inspect to determine if action is needed to prevent further     
                             releases into the environment from the site
     
                 Inspect to determine if actions have been taken to prevent or minimize the spread of contamination
     
                      Visually inspect the area around the UST or tank system for evidence of above ground releases or exposed below ground releases
     
                      Inspect to determine if the O/O or contractor has taken efforts to remedy hazards such as dust and vapors and the potential for leachate generation posed by contaminated soils and debris that have been excavated or exposed as result of the release confirmation activities
     
                 Inspect to determine the possible presence of free product
     
                 Inspect to determine if the O/O or their contractor has sampled for the presence of a release in the areas likely to be present
     
                 Evaluate the need for the posting of signs to inform the public of potential hazards from the site
     
                 Inspect the site for potential human receptors and pathways of contaminant migration;
     
                 Inspect for location on-site of any observable subsurface structure (i.e., sewer lids, buried utility line signs, etc.);
     
                 Inspect the site for obvious ecological concerns that might be impacted by the release (creeks, ponds, wetland areas, etc.);
     
                 Describe the type of facility and location where the release occurred, the substance released, and estimated quantity; and
     
  Take photos as appropriate of the release area, excavated soils, or cleanup activities occurring at the site.

 8.3.1.1 Equipment for Field Inspection of a Confirmed Release
 The necessary field equipment for a confirmed release inspection will vary from site to site. But in general, the following equipment may be useful at most site inspections:

 Camera
 Field notebook
 Facility map
 Tape Measure
 Personal Protective Equipment (i.e., safety glasses, safety shoes, hard hat, etc.)
 Copies of any pertinent information from the facility file.

 Remedial Activities at Site of Confirmed Release 
 Project officers may choose to inspect remedial activities. Release sites that have resulted in significant contamination or have a high potential to impact human or ecological receptors must be routinely inspected by the PO. It is advisable that all sites assigned to PO be inspected during the investigation and remedial activities. However, it is recognized that a PO's caseload may not permit the inspection of all assigned cases. Therefore, releases resulting in minor amounts of contamination may not warrant a field inspection.

 The purpose of these inspections is to ensure that field investigations are occurring as described in work plans and that remedial activities are being performed as described in Corrective Action Plans (CAP) or design documents.

 Prior to going into the field the following information must be collected and reviewed as appropriate:

 Corrective Action Plan (CAP)
 Site work plan
 Contractor SPs
 HEER TGM 
 Remedial design documents.

 If a release inspection was not conducted following initial notification of a release, then the items in Section 8.3.1 should be inspected for as needed.

 If required, contact the appropriate in-house technical people (geologist, engineer, or toxicologist) to assist you in the field and determine a site visit date acceptable to all.

 The following should be considered for inspection if soil and/or groundwater sampling is occurring as part of the investigation at the site:

  Soil

 Are samples collected in locations given in the work plan?
               
 Do sample collection methods follow HEER TGM or other Department approved guidelines?

 Inspect to ensure that collected samples to be tested for
                            TPH-gasoline, TPH-diesel, Volatile Organic Compounds, Halogenated   
                            Volatile Organic Compounds and volatile Polynuclear Aromatic    
                            Hydrocarbons are minimally disturbed and not composited

 Are samples labeled, properly preserved, and stored?
               
 Does the sampling effort appear to be adequately characterizing the horizontal and lateral extent of contamination?

 Groundwater

                Are samples collected in locations given in the work plan?
            
                Do sample collection methods follow TGM or other Departmental approved guidelines?

                Are samples labeled and properly preserved and stored?

 Stockpiled soil

                Do sample collection procedures comply with HEER TGM or other Departmental approved guidelines?
            
                Are samples labeled and properly preserved and stored?

                Inspect the design and management procedures for soil stockpiles

                If free product is discovered during the investigation the owner and/or operator should attempt to remove the free product to maximum extent practicable as determined by the Department. 

 Field inspection of remedial activities should be to ensure that cleanup activities are occurring as scheduled and in accordance with work plan and design documents. If a Corrective Action Plan (CAP) was required for the site, then the inspection should focus on compliance with the CAP.
 
 8.3.2.1 Equipment for Field Inspection of a Site Investigation or Remedial Activity 
 Similar to the equipment needs for a release inspection, the equipment requirements will vary from site to site. The following equipment should be considered for the inspection:

                Work plans, SOPs, remediation plans as appropriate
                Camera
                Notebook
                Map
                Measuring tape
                Personal Protective Equipment (i.e., safety glasses, safety shoes, hard hat, etc.),
                Copies of any pertinent information from the facility file.

 8.3.3	Preparation of Report of Field Inspection Findings [not clear when this situation takes place]
 It is recommended that a written report be prepared of the completed field investigation which describes your findings and includes photographs taken at the site. The format for the report must follow the LUST Facility Inspection Record. The completed report should be placed in the facility file. This material may be of assistance to the PO in the future review of submitted release response reports. [sample INSPECTION RECORD is available on original paper copy of inspectors manual]

     Report Review for Release Response

 8.4.1     UST Closure/Release Response Report
 At least 30 days before beginning permanent closure of a UST or tank system, O/Os must notify the Department in writing of their intent to permanently close. At least 7 days before excavation work for a permanent closure, O/O must notify the Department of the exact date that the work will occur, and follow the rest of the closure assessment and procedures according to §11-280.1-71.
 
 Before permanent closure is completed, O/Os must measure for the presence of a release where contamination is most likely to be present at the UST site. In selecting sample types, sample locations, and measurement methods, O/Os must consider the method of closure, the nature of the stored substance, the types of backfill and surrounding soil, the depth and flow of groundwater, and other factors appropriate for identifying the presence of a release §11-280.1-72. 
 
 The requirements of §11-280.1-72 are satisfied if one of the external release detection methods allowed in §11-280.11-43(5) (vapor monitoring) and (6) (groundwater monitoring) is operating in accordance with the requirements in section §11-280.1-43 at the time of closure, and indicates no release has occurred. 
 
 However, according to §11-280.1-72(b), if contaminated soils, contaminated groundwater, or free product as a liquid or vapor is discovered, O/Os must begin release response action in accordance with 11.280.1 subchapter 6. It is recommended the inspector review subchapter 6 to make sure O/O are in compliance. 
 
 For example, no later than 90 days following a confirmation of a release, O/Os must submit a written report to the Department in the format specified in §11-280.1-65.2. This is considered the first report. Beginning 180 days following confirmation of a release, O/Os must submit to the Department written quarterly progress reports and an electronic copy of the written report in a format specified by the Department in §11-280.1-65.2(b).

 The inspector will reply with a response to their report [name of letter? Sample of letter?]. As this step the letters get more specific [per shung shang]

  If the RP requests a "No Further Action" (NFA) determination, the closure report should    
  contain or be accompanied by the above-mentioned checklist [ask Shung Shang about   
  this checklist]. The checklist was 
  developed to serve as a guide for compliance with the Department reporting 
  requirements and to help ensure that all relevant issues are covered in the closure report.

  Within thirty days of completing a permanent closure, O/Os must submit a notification to the    
  Department indicating completion of the closure §11-280.1-71(e).  

  A closure report is required whether there is a confirmed release or not during closure  
  procedures.     
  
  In these cases, only EPA Form 7530, Closure Notification Form (Form 1), is required        
  to be submitted.  
  
  Permanent Closure and Changes-in Service 

  8.4.2     Quarterly Progress Reports
 Beginning 180 days after the confirmation of a release, quarterly reports of release response actions taken at the site and future release response actions planned are required to be submitted to the Department by RP's §11-280.1-65.2(b). These reports must be reviewed promptly, and a response sent regarding the progress at the site. The inspector can use this opportunity to address any issues she may have with the work that has been done or planned.

  8.4.3     Corrective Action Plan (CAP) 
 The Department can also require that RPs submit a written CAP for responding to a release in the format established by the Department within 30 days of the Department's request, unless an extension of time is granted by the Department. O/Os are responsible for submitting a CAP that provides for adequate protection of human health and the environment as determined by the Department and must make necessary modifications to the plan when directed by the Department to do so. The Department will approve the CAP only after ensuring that implementation of the plan will adequately protect human health, safety, and the environment according to §11-280.1-66.

                                                         



































                                 





                                     SECTION 9 
                                                         
                                                      ENTRY
                                                         


  9.1 	General Discussion
 The inspector has specific legal rights and responsibilities when entering onto private property to conduct an inspection. It is extremely important that proper procedures for entry are followed to avoid legal action taken against the inspector and/or the Department. This section discusses:

       Notifying the facility
                      Inspector's authority to enter
       Gaining consensual entry
       Proper procedures for entering
       Documenting the entry, and
       Gaining entry when access is denied.
     
  9.2     Courtesy Notice for the Facility
 It is practice to provide a facility O/O with a courtesy notice of an inspection via email, fax, or telephone call. The notice must confirm the inspection date and ensure that an appropriate facility representative will be present for the inspection. This notice will allow the facility time to transfer applicable records to the inspection site so they are available upon an inspector's request. If this notice was provided to the O/O and they cannot provide the appropriate records at the time of the inspection, they should be cited accordingly for recordkeeping violations. The State will as a routine practice provide a courtesy notice of inspections but may as needed conduct unannounced inspections.

  9.3     State Authority for Entry
 An inspector's legal right to enter a facility to conduct an UST investigation comes from Hawaii Revised Statutes Chapter 342-L-7(b) on UST investigations, inspections, and corrective actions:
 
       "For the purpose of ... conducting any study, investigating an actual or suspected release, monitoring for compliance or noncompliance with this chapter, any rule or standard adopted pursuant to this chapter, ... taking release response action, or enforcing this chapter, any duly authorized representative of the Department may:
       
 Enter at reasonable times any establishment or place;

 Inspect and obtain samples from any person of any regulated substances contained in any underground storage tank or tank system;

 Conduct monitoring or testing of the tanks or tank systems, associated equipment, contents, or soils, air, surface water, or groundwater; and
             
 To take release response action."

 The statute gives inspectors clear authority to enter private property, conduct the necessary investigation to complete an inspection, and request any additional information from the UST O/O. The inspector must always refer to this section of the statute when a question arises over established lawful authority to enter onto a facility.

 Upon entry and prior to conducting the inspection, the inspector must first present her inspector credentials to the O/O and explain the purpose of the inspection.

  9.4     Obtaining Consensual Entry
 Although inspectors have legal authority to enter private property for an inspection, it is advisable to obtain the consent of the facility O/O and, in some cases, the property owner before entering the property. Obtaining this consent may help the Department avoid potential lawsuits for trespassing. Before entering a property, the inspector must identify herself the O/O, or authorized agent of the property owner, establish the reasons for being there, and that she has a right to enter the property to inspect the UST facility under the authority cited in Hawaii Revised Statute Chapter 342-L-7(b). 
 
 Inspectors use a Notice of Inspection (NOI) to gain lawful entry to a site and make necessary inspection notes, recommendations and give citations. The inspector asks the property or facility owner to initial the section of the Notice of Inspection to legally give the inspector legal permission to enter. Conversely, the inspector asks the property owner or facility owner to sign the section of the Notice of Inspection that denies legal permission to enter. This type of written document is the strongest evidence inspectors have to gain consent or denial of legal entry. 
 
 The NOI is also a place for the inspector to make recommendations, write out violations with brief descriptions, or request in writing any necessary documentation. The inspector leaves the original white copy with the O/O or site representative and keeps the yellow copy for record keeping and further consultation during the potential creation of a report. 
 
 In some instances, the property owner, facility owner, or facility operator may refuse to initial the Notice of Inspection to consent to entry but will give the inspector verbal consent to conduct the inspection. In these situations, the inspector marks in herr field notes the circumstances of the verbal approval, including: the identity and description of the person giving consent, the time and place of the conversation, and, if possible, the exact words used to give you consent. Also, if possible, a third party should witness the verbal consent and sign your field notes.

  9.5     Procedures for Proper and Lawful Entry
 Other procedures to follow when entering onto a facility for an inspection include:

 The inspector explains to the facility O/O or authorized agent that     
                       she may need to inspect all areas of the facility. Prior to beginning 
                       the inspection, the inspector informs the facility O/O or authorized 
                       agent that the inspection may require inspecting all areas of the 
                       property. This will help avoid situations in which the owner gives 
                       consent to enter the facility and then denies access to specific areas.

 Conduct the inspection during working hours. The Hawaii UST 
                       statute requires that entry and inspections take place "at  
                       reasonable times." Therefore, the inspector must arrive at a 
                       facility during normal working hours and note arrival time of 
                       arrival in the field notes.

          Enter the facility through the main gate or door. If the inspector enters 
                        through the main entrance, the facility O/O or authorized agent is less 
                       likely to believe the inspector is attempting to "sneak up on him".

  9.6     Denial of Entry
 In cases where the facility O/O or authorized agent or on-site representative denies the inspector access to the property, the measures an inspector must take depend on whether an emergency exists. An emergency is defined as a situation that immediately threatens public health and/or the environment, and action must be taken in order to prevent or mitigate harm from occurring. For UST facilities, this may include any toxic or explosive vapor problem that requires evacuation of residences or businesses; any imminent or actual contamination of public water supply; or imminent or actual contamination of sole-source domestic water supply. The procedures for obtaining access when entry is denied are discussed for both non-emergency and emergency situations below.

  9.6.1     Emergency Situations
 Emergency situations must be handled by the HEER office. However, if an inspector is the first to respond to the emergency and the facility O/O or authorized agent denies access in an emergency situation, the inspector has sufficient justification to take steps to immediately enter the property. However, if the action the inspector seeks to undertake can be deferred long enough for the inspector to obtain a court order with no harm to the public health or the environment, then it may not be an emergency. If the inspector has doubts of whether she has an emergency situation, she should confer with her supervisor.

 When entry is denied, the inspector must:

          Contact the HEER office's onsite coordinator

 Obtain the name and title of the individual denying entry and record 
                                 the date and time, and the nature of the emergency

 Cite the appropriate State authority for legal right to entry. Ask if 
                       the individual heard and understood the reason for the 
                       inspector's presence. Document the answer and any reason given 
                       for denial of entry

 If the situation allows, explain that the Department has authority to 
                       obtain denial of entry access or a search warrant to return and 
                       conduct the inspection; and

          Leave the premises

 Once the inspector has documented an emergency and access has been denied, the inspector has several options:

 In the most serious emergency situations, the inspector must seek 
                  the assistance of uniformed law enforcement officials, such as State police, sheriffs, or fire marshals. Arrest of the facility O/O or authorized agent who obstructs entry should only be considered in the most extreme emergencies.
 
                   In less extreme situations, have the Department of the Attorney General call the facility O/O or authorized agent to discuss the situation and explain the Department's concerns and authority.

                   If contacts by the Department of the Attorney General are unsuccessful, court-ordered access or a search warrant, as discussed below, may be necessary.

  9.6.2     Non-Emergency Situations
 Most of the UST compliance inspections discussed in this manual will involve non­ emergency situations. If the facility O/O or authorized agent denies the inspector access in a non-emergency situation, the inspector must document the denial as outlined in Section 9.6.1. The inspector must then contact her supervisor to determine whether further immediate action should be taken to enter the facility. The Department of the Attorney General may be contacted to request that they call the facility O/O or authorized agent to inform him or her of Departmental legal rights to enter the property. As a last resort, a court order may be obtained.

  9.6.3     Denial of Access During the Inspection
 In general, consent for entry is handled at the beginning of an inspection. As noted in 9.4, the O/O can consent access by initialing the Notice of Inspection. Be aware, however, that consent issues can arise throughout the course of an inspection. Any action taken by the facility representatives to restrict inspector's activities can be considered a denial or revocation of consent and is subject to potential enforcement activities. Examples of this type of denial are: limiting the inspector's picture-taking or copying of documents; requiring the inspector to sign passes or agreements with restrictive language, waivers, or indemnity agreements, releases, or any other document by which the inspector agrees to forego some of her inspection or enforcement authority; or demanding the inspector sign confidentiality agreements.

 If it appears that a denial or revocation of consent occurs during an inspection for a minor issue, use common sense. For example, it is sensible for the inspector to follow a facility's safety requirements, such as wearing a hard hat in certain areas. However, if the inspector feels she cannot have access to information or samples that are critical to her inspection, then she must tell the facility representative that she considers him or her to have denied or revoked her entry and why. The inspector must not threaten or attempt to coerce the on-site representative to give her entry. In most cases, the inspector should leave the facility and obtain access to the facility at a future date using the procedures discussed above.

 9. 7	Securing and Inspecting with Court-Ordered Access and Search Warrants 
 Search warrants and court-ordered access are judicial authorizations to enter a specific location to perform specific inspectorial tasks. In general, search warrants are obtained
 without notifying the O/O, whereas court-ordered access is an order granted to the inspector after a hearing at which both parties have the opportunity to present evidence and argument. The inspector can obtain either type of authorization prior to an inspection, when facility representatives have denied the inspector entry, or when consent has been revoked during an inspection.

 Any decision to seek such authorization must be made jointly by the inspector and her supervisor, and representatives from the Department of the Attorney General. To obtain judicial authorization for inspection the inspector may be required to work closely with the Department of the Attorney General to assemble the facts and legal support that justifies the inspector's request.

 The inspector's role in obtaining judicial access for inspection is critical. The inspector must provide the facts and case history necessary to support the request for the warrant or order. If it is decided to seek judicial authorization for inspection, the inspector may be asked by the Department of the Attorney General to prepare an affidavit (a sworn written statement) containing the following information: a detailed explanation of why the inspector needs entry for inspection (either the facts justifying an emergency situation, or how the inspector selected this facility for inspection); a description of how and when entry was refused; and what type of inspection the inspector needs to perform, including what parts of the facility, equipment, and documents the inspector must examine and/or what samples the inspector needs to collect. Much of this information should be contained in rough form in the inspector's field notes.

 Once a warrant or access order is received, the inspector may proceed with her inspection. The inspection must be performed as soon as possible, and must be conducted strictly in accordance with the terms of the warrant or order. If the inspector suspects that she may still face denial of entry at the facility or threats of violence, she must seek assistance from uniformed law enforcement officials.
                                         
                                         
                                         
                                         
                                         
                                         
                                         
                                         
                                         
                                         
                                         
                                         
                                         
                                         
                                         














                                         

                                    SECTION 10

                       HEALTH AND SAFETY DURING INSPECTIONS
                                         
                                       
                                       
  10.1     General Discussion
 This section deals with health and safety considerations at UST inspections. Health and safety issues are important both from the point of view of the inspector and from the point of view of workers installing, repairing or removing UST-related equipment. A number of hazardous conditions can arise, particularly during change in service or closures of UST systems.
 
 This section will describe the principal safety concerns and how hazardous situations can be eliminated or avoided.

 The major types of health and safety hazards at UST sites are:

          Chemical exposure

          Fire and explosion, and

 Safety hazards relating primarily to excavations, damage to gas or 
                                 electrical lines, and the operation of heavy equipment.

  10.2       Chemical Exposure
 The inspector is most likely to be exposed to petroleum-derived fuels and other hazardous substances at UST facilities when inspecting repairs, or closures at existing facilities. These activities generally involve the excavation of soil materials that are often contaminated. These contaminated soils that overlay the tank must be removed to allow cutting a manway into the tank in order to clean the tank or to excavate the tank. These activities create exposure to vapors, particularly for those doing the work, but also for the inspector.
 
  10.2.1    Exposure to Hydrocarbon Fuels
 Hydrocarbon fuels (gasoline, gasohol, diesel, kerosene, aviation fuel, jet fuels, and others) present exposure risks, despite the fact that we are accustomed to handling these substances casually. These fuels contain hundreds of different hydrocarbons and different additives with a wide range of chronic and acute health effects.
 
 Acute effects include headaches, dizziness, nausea, confusion, tremors, intoxication, and central nervous system depression. Chronic exposure to hydrocarbon fuels may cause cancer, nerve or kidney damage.	Inhalation, skin contact, and ingestion are all possible routes of absorption into the body. Gasoline vapor with a benzene concentration of only 40 to 50 ppm is capable of producing chronic effects.

   10.2.2     Measuring Exposure
 Measurements of hydrocarbon vapors should be made whenever exposure to hydrocarbon vapors is thought to be a potential problem. Any time a strong odor of gasoline or other fuel is noted at a UST site, the inspector must measure vapor levels to determine whether levels exceed the recommended threshold values for short term exposure. The Occupational Health and Safety Administration (OSHA) has set the recommended occupational exposure to benzene at 1 ppm (based on a daily occupational exposure of 8 hours) and the short-
  term exposure limit at 5 ppm. Other volatile gasoline constituents have higher limits.

 Different types of equipment are available for measuring hydrocarbon vapors. For example, photoionization detectors and detector tubes measure the presence of aromatic hydrocarbons such as benzene, toluene, and xylene. When interpreting results from these instruments, remember that they are not measuring a single compound, but rather a group of related compounds. Based on the OSHA short-term exposure standard for benzene, aromatic hydrocarbon detector readings of 50 ppm or more should be viewed with concern.
                                        
  

 The best procedure is to avoid exposure to measurable levels of fuel vapors. The inspector must not remain in an area with hydrocarbon vapor levels in excess of 50 ppm without protective breathing apparatus designed for the substance of concern.

  10.2.3     Exposure to Hazardous Chemicals
 Although Hawaii has a relatively small number of hazardous substance USTs compared to petroleum USTS, you need to be aware that hazardous substances present a wide range of exposure problems. Chemicals stored in USTs will include:

          Solvents, many of which are highly flammable and volatilize easily

 Corrosive substances such as acids or caustics which will burn the 
                                 skin on contact, and

          Alcohols and other organic chemicals which are absorbed through the 
                       skin.

 There are thousands of liquid chemicals and mixtures which may be stored in USTs. It is impossible to generalize the types of risks associated with these chemicals. The best practice is to always be cautious. Avoid inhalation and skin contact with either the stored substance or soils and water contaminated by the substance.

  10.3     Explosion and Fire Risks

                                       

 The most serious risk associated with UST sites is that of explosion or fire due to the ignition of explosive concentrations of vapors, usually from gasoline. These conditions may exist in mostly empty tanks, in excavations, or in other relatively closed spaces, due to an accumulation of vapors generated by volatile fuels such as gasoline. Diesel fuel is less of a problem in this regard because of its much lower volatility.

 The risks of explosion can be prevented by observing a few common-sense precautions:

 Eliminate all sources of ignition. Strictly enforce a no smoking  
                    policy. Other ignition sources include all non-intrinsically safe 
                    electrical equipment, radios, and vehicles. Vehicles that have been  
                    recently turned off may still have hot mufflers which may be an 
                    ignition source.

                                            
                                       
 Monitor explosivity. This should be done frequently whenever 
                    contaminated soil or free product is present and during all tank 
                    closures or upgrades. Operations should be ceased, or 
                    blowers used to disperse vapors, if vapor levels reach 20 percent of 
                    the lower explosive limit. Blower motors should be intrinsically safe 
                    if used in an area where vapors could accumulate.

 Have at least one 20 BC rated fire extinguisher readily available. 
                       This rating indicates that the extinguisher will effectively extinguish a 
                       flammable liquid fire in a 20 square foot area. It may also be used for 
                       electrical fires.
              
                                              

 It is the responsibility of the facility representative and the contractor performing the work to assure that the steps above are taken and that work is performed in a safe manner.
 
 The inspector may not have the authority, as a UST compliance inspector, to insist that these steps be taken. However, generally, the inspector's advice will be followed. It is imperative the inspector speaks up if she observes unsafe conditions. If the contractor refuses to correct the problem, do not remain in an unsafe area. Leave the area and contact the local fire marshal's office or the state OSHA representative. These officials have the regulatory authority to stop work that presents an explosive hazard or endangers workers.

  10.4     Other Safety Hazards at UST Sites
 A number of potential safety risks are presented by work at UST sites. These can be divided into the following categories:

       Unsafe excavations

       Heavy equipment operation, including drill rigs, and

 Damage to underground or overhead utilities -- particularly electrical  
                                 or natural gas lines.

   
  
 Never enter an excavation for any reason. Working around the edges of an excavation may also be dangerous to the inspector or other personnel because of the potential for collapse. Stay back from the edges of excavations and be alert for areas where the ground or pavement is undercut.
 
                                        

 The use of heavy equipment at UST sites also presents a number of safety hazards:

 Inattentive operation of the bucket of a backhoe can cause it to 
                    strike workers or others when tanks are being excavated

 Chains or cables being used to pull or lift tanks out of the ground 
                    can break suddenly causing the cable to strike workers in the vicinity.

 Drill rigs used to install monitoring wells present a number of 
                    hazards: 

 Drilling steel or augurs being swung into position
                        
 The mast of the drill rig coming into contact with electric lines during erection or while swaying during drilling, and
                        
 Buried utility lines may be struck during drilling with serious consequences (lines should always be "blue-staked" prior to drilling).

                                       

 The inspector's primary responsibility is inspecting the UST operations, not enforcing health and safety violations. However, in the interest of protecting oneself, and as a public health agency representative, the inspector must be aware of potential hazards. The best policy while inspecting is to stay as removed from heavy equipment operations as possible and, when it is necessary to be directly in the vicinity of working equipment, to stay alert to possible risks.

 10.5      Site Safety Plan
 A generic site safety plan is used for each routine inspection at an UST site. A specific site safety plan is developed for more unusual sites such as sites with hazardous substance tanks, sites where there is a confirmed or suspected release, and sites where sampling is to be conducted. The site specific plan may include the following:

             Site name
                
             Date of inspection

             Site safety officer and telephone number

             Objectives of the inspection

             Hazardous materials present

             Hazard assessment (e.g., toxic effects, reactivity, physical               
                    hazards)
                
             Possible need for pre-entry monitoring
    
             Level of personal protection required

             Decontamination and disposal procedures to be followed

             Emergency procedures (for skin contact, inhalation, or ingestion)

             Emergency telephone numbers (e.g., nearest hospital, ambulance, fire 
                    department), and

             Directions to nearest hospital.


                            
                            
                            
                            
                            
                            
                            
                            
                            
                            
                            
                                     SECTION 11 
                            
                                                     CONDUCTING INSPECTIONS
                            
                            
                                       

 11.1      General Discussion
 This section discusses the general steps to take when conducting any inspection. The policies and procedures described here apply to all of the types of inspections previously described. This section includes the following topics:

           Holding Opening Conferences
                
           Recognizing and Responding to Serious Environmental Problems

           Gathering Evidence and Documentation

           Inspecting Records

           Taking Field Notes

           Taking Photographs

           Sampling and Analysis

           Drawings, Sketches, Maps, and Diagrams

           Conducting Interviews

           Citing Violations, and

           Maintaining a Professional Demeanor.

  11.2      Holding Opening Conferences
 The opening conference refers to a face-to-face meeting between the inspector and the on­ site representative prior to beginning the actual inspection. An opening conference is often the first opportunity for the on-site representative to meet the inspector, and it may set the tone for the rest of the inspection. In the opening conference, the inspector's goals are to explain in general the purpose and scope of the inspection, and to learn more about the facility and its operation. The following steps should always be followed during the opening conference:

    Present identification and identify the O/O. After the inspector 
                       has gained entry to the facility, she presents her  Department of    
                       Health (the Department) identification card to the on-site  
                       representative in charge of the facility and she explains that she 
                       would like to discuss her inspection with him or her. Ask the on-
                       site representative to identify the owner(s) of the facility, and their 
                       address and phone numbers; this will allow the inspector to contact 
                       the proper person in the event a violation is discovered. In the 
                       retail gasoline business, an owner is generally not on site, but a 
                       station manager or operator is. While the inspector will probably 
                       conduct most inspections with facility operators, it is extremely 
                       important for Departmental records and potential enforcement 
                       action to determine accurately the O/O of each facility.
          
    Explain authority to inspect facility, records and equipment, and   
                       to collect samples. If the on-site representative at the opening  
                       conference is not the person who provided the inspector entry,   
                       repeat the procedures discussed in Section 9 for gaining 
                       consensual entry.
          
    Explain general purpose and scope of inspection. In general 
                       terms, the inspector explains to the on-site representative the 
                       purpose and scope of the inspection. For example, the inspector 
                       discusses what type of inspection she will be performing, and 
                       what parts of the facility (and its equipment and documents) she 
                       will need to see. The inspector discusses with the on-site 
                       representative where these items are located, and in what order it 
                       would be most efficient to inspect them. Also, the inspector tells  
                       the representative approximately how long she expects the 
                       inspection to take.
          
    The inspector asks the on-site representative on which part or 
                        parts of the inspection he or she will accompany the inspector. 
                        If the on-site representative is not going to accompany the 
                        inspector for the entire inspection, the inspector makes sure she 
                        knows where on-site representative will be and how to reach him 
                        or her in case the inspector has any questions or encounters any 
                        problems during the inspection.
          
     The inspector informs the on-site representative of her right to 
                        take duplicates of any samples she will be collecting. However, 
                        do not agree to provide any sample collection containers for the 
                        on-site representative. Although many facilities may not have 
                        sample collection equipment available, the Department has 
                        neither the obligation or the budget to hand out these items, and 
                        to do so could compromise evidence later.
          
     List potential or suspected violations. The inspector explains to 
                        the on-site representative if suspected violations prompted the  
                        inspection. Additionally, the inspector discusses what types of 
                        violations could be discovered (based on the type of inspection    
                        she plans to conduct). If the on-site representative asks about the 
                        consequences of violations, or the appeals process, the inspector 
                        explains these areas only briefly, and points out that, if necessary, 
                        the inspector will cover them thoroughly in the closing   
                        conference.

The inspector may learn information during the opening conference that will require her to adjust her inspection plans. For example, if the inspector learns that the facility had a "minor" release since the last Department inspection, she may decide to inspect the inventory records, even though she had not originally planned to do so. The inspector should only change her inspection plan if she has the time, resources, and equipment available. Otherwise, the inspector should note in the file specific areas that should be checked either on the next regular inspection, or during a special "extra" inspection later. The exception to this rule is, of course, anything that indicates the presence of a serious threat to public health which must be investigated immediately.

11.3    Recognizing and Responding to Serious Environmental Problems
 When the inspector's primary mission is to evaluate whether a facility is in compliance with the "preventive" UST regulations (installation, operation, and closure inspections), she is less likely to encounter serious emergency environmental situations. However, the inspector may still discover such situations during the course of her inspection activities.

 Clues indicating a serious or potentially serious environmental situation include:

             Large inventory losses

             Indications of a release from the release detection equipment

             Tank tests indicating a significant release

             Strong petroleum odors in nearby wells, excavations, etc. and

             Large volumes of saturated soil below tanks after removal.

 The inspector indicates to the O/O that she believes there is a serious environmental problem if she observes any of these situations during her inspection. If the inspector detects an immediate fire or health problem, such as explosive or toxic levels of vapors, she immediately notifies either her emergency response group or a Departmental contractor, so that abatement and corrective action work can start as soon as possible. The inspector should also notify local fire officials of potential fire hazards. If the situation is less serious, the inspector requests that the O/O hire a contractor to investigate the site.

 11.4     Establishing Evidence and Gathering Documentation
 In conducting an inspection, the inspector's job is to establish evidence and to gather documentation that will be used to help establish evidence. What level of enforcement might eventually be conducted after an inspection cannot be predicted. Therefore, an inspector must establish evidence as if she were going before a court judge. The three elements of establishing evidence are:

 Foundation. This is the argument that one piece of evidence leads to the 
                  next in a logical sequence, like a pyramid of information; one piece   
                  building upon the other. For example, "Joe Doe works at Acme Gas Station  
                  as the operator. Mr. Doe stated that on March 3rd he was on duty at the 
                  station when Apex Contractor removed tank no. 2 and took soil samples 
                  from the excavated area".

 Authenticity. This means that the evidence must be demonstrated to be 
                  what it is claimed to be. For example, is this really a representative 
                  sample taken from the excavated area of tank no. 2 at Acme Gas Station.

 Relevance. The evidence must pertain to the fact in question, tending to 
                  make the existence of the fact either more or less probable than would 
                  be the case without the evidence.

 All three elements must be present to establish evidence. The elements are supported by establishing what, when, where, why, who and how.

 As she documents evidence, the inspector must always think how the defense would attack the three evidentiary criteria. The judge or hearing officer has the final say regarding the admissibility of evidence.

 Documentation is anything which helps establish the foundation, authenticity, or relevance of evidence, as well as the 5-w's.	Documentation may be evidence itself, but not all evidence is documentation. Examples of documentation are photos, notes, samples, and the inspection report itself.

 Chain of custody is imperative for all evidence and documentation of that evidence. Notes, photographs, diagrams, sketches, samples, and copies of documents all require unbroken custody to ensure that they have not been compromised. The inspector is usually responsible for the security of the original case documentation. It is likely that parts of the original file become separated as other parties become involved with the case. For this reason the inspector should consider maintaining custody of all originals and forward copies of those originals with the case file until the case approaches final resolution. A secure place for evidence must be provided for the inspector.

 11.5     Inspecting Records
 Different types of inspections will require different types of records inspection. Refer to the inspection checklists in Sections 5, 6, and 7 and the State regulations to determine what records should be reviewed during each kind of UST inspection. Some facilities and records will need only superficial checking, while others demand detailed analysis and calculation. In general, the inspector should decide what types of records are to be studied and in what kind of detail they must be reviewed prior to the inspection, and budget your time accordingly.

 If lengthy records must be reviewed, the inspector considers arranging in advance to have them copied. For example, if the facility inventory records must be analyzed for accuracy, copying them beforehand will allow the inspector to perform calculations in the office. Before the inspector leaves the facility with the records, she makes sure she has discussed them in enough detail with the O/O that she thoroughly understand the O/O's system for keeping the records. Failure to do so may make analysis of the records very difficult.

 The idea is (1) to see if the records required are present and maintained, (2) to substantiate compliance or non-compliance, and (3) to see if they are accurate and authentic. There are many kinds of records that are useful in an UST/LUST inspection. The following is only a partial list:

 Primary records are the best evidence. These are the original records that are the source of other subsequent records. Examples of original records include monitoring data, logs, daily records, work logs, etc.

 At a minimum the inspector must look for the following characteristics in the records she reviews:
 
    Discrepancies or false reports. The inspector compares current with 
                       past reports for possible discrepancies or false reports. For example, is 
                       the ink still wet on a report dated five years ago?

    Completeness and accuracy. The inspector checks for completeness 
                        and accuracy of required records and reports.

    Retention requirements. The inspector ascertains compliance with 
                        record retention requirements.

    Compatible information. The inspector compares information 
                        contained in the records with firsthand observations. She compares 
                        information in computer files or printouts with other handwritten 
                        documents.

 All records observed that are related to compliance must be documented. This documentation must include who is responsible for keeping the record; where the records were located; and if the records were computerized, where the originals were located. It is possible the inspector could end up in cross examination years later, trying to remember where she found the records that are the crux of an enforcement action. The inspector should record the following information for each document:

 Information recorded on the document itself. On the inspector's 
                    copy of the document itself record:

            Inspector's initials,
            A code for referencing the document (such as 
                                   "Attachment 1"), and
            The date the inspector obtained the document.

 Information recorded in the inspector's notebook or in the 
                    report. In the inspector's notebook or in the report record:

            A description of the document,
            The source of the document, and
            The physical location of the original document.

 Whatever method the inspector uses to select and review the available records, she makes sure she makes a note of what that method was. Possible methods include:

              Random sample
              Judgement sample
              Other method
              Took copies of all.

 Would a company cheat on its records? That depends. There are motives which some individuals may feel justify cheating. Chief executive officers have gone to jail and
 received personal penalty judgements as a result of compliance inspections. There are numerous case histories where documents have been lost or altered to avoid compliance violations. The inspector is to gather information showing the complete and accurate conditions as they were at the time of her inspection. The inspector makes no assumptions of guilt or innocence.

 Steps in gathering records are as follows:

 Gain an understanding of the record gathering system at the facility.

        Why do they generate the records?
        What do they do with the records?
        Where do they keep the records?
        Is their recordkeeping method accurate?

  Use a system of checks and cross checks to verify authenticity.

              Go to the site of record generation for some fraction of the record sample to verify the data.
              Go to the site of storage for some fraction of each of the records reviewed. (If the inspector ever has to seek a warrant she may have to state where the records are kept.)
              If the inspector cannot review all records, she should choose a method which gives her the best chance of getting a representative sample. (e.g. random, judgmental targeting, total inventory review, etc.)

 Copy all important records.	Photocopies are usually available at even the smallest businesses. If photocopying is not available, the inspector may choose one of the following methods:

              Photograph the document.
              Make accurate notes on the nature of the document, its location, and then copy the document as accurately as time will allow. If the document is ever destroyed, the inspector's notes become the most accurate remaining record of the document and may still be admissible in court.

        Take copies of related records, such as:

 Records that are generated from other records.	It is usually better to collect copies of the entire chain of information from its original generation to its final form. For example, a facility operator completes a daily inventory worksheet for inventory control. The daily data is then transferred to a monthly record. The monthly record may be the issue for compliance but the daily data that generated it may be more important.
              Records relate to other records. For example, during tank removal, manifests indicate something was shipped (presumed to be sludge). However, there were no records that something was generated. So why is there a manifest that something was shipped? Another example might be purchase records. The amount of fuel recorded as being delivered at a particular time might be different than the amount indicated on the dispenser unit.

 For review of records for other than an inspection, refer to Section 14.5.

 11.6     Taking Field Notes
 
                                        
 
 Field notes are important tools for documenting inspections and for helping the inspector remember the specific details of an inspection. Because of the large number of inspections, the inspector will be conducting, keeping accurate and thorough notes is essential to recalling the details of a specific inspection. To be useful, the inspector's field notes must be prepared in a consistent manner for each inspection she conducts. Field notes should include the following:

    General information about the facility (e.g., name, location, 
                       address, on-site representative, owner name and address, type of             
                       facility, registration number)
                
    Notes on entry activities (e.g., any problems encountered, 
                       who gave permission for consensual entry).
                
    Identification numbers for samples, photographs, records 
                       or, other documents
                
             Sampling procedures used during the inspection
       
             Interview notes

             Observations of general conditions and practices

             Unusual conditions or problems observed

             Other observations, and

    General procedures or checklists followed, including any 
                       changes or deviations and supporting reasons.

 Some tips for keeping accurate and useful field notes include:

    Identify all Department staff and on on-site representatives 
                       present. 
                       At the beginning of the inspection the inspector should list all the 
                       Department staff and on-site representatives in her notes. The 
                       inspector may want to include any business cards received during an 
                       inspection in her field notes. The inspector makes a notation if any 
                       of these people leave for any period of time during the inspection.

     Every sample, document, or other piece of evidence reviewed or 
                        collected during an inspection must be recorded in the field 
                        notes. Additionally, it is important to include in the notes the     
                        procedures and protocols followed in the collection of each  
                       sample. The inspector may want to develop some sort of standard      
                       notation for routine procedures and protocols, which must be used 
                       consistently and explained at the end of each field notebook. Maps, 
                       drawings, and logs prepared at the site can be useful methods to 
                       record and describe many parts of a facility inspection.

    Write in objective, factual, and simple language. Do not include 
                       judgments, personal feelings, or legal conclusions in field notes, 
                       as certain legal situations may later require the Department to 
                       produce field notes for inspection by the facility or the public. In 
                       addition, field notes should be taken in indelible, non-water 
                       soluble pen.

   Avoid including confidential data or business information in field 
                              notes. Any such data or information should be kept separately and 
                              marked as confidential. See Section 14 for the definition of confidential 
                              information.

   Keep track of all notes which contribute to an inspection report.     
                      Inspection reports must be written "near in time" to the inspection,  
                      but the report might not have all of the information which was 
                      recorded in contemporaneous notes. The notes must therefore be 
                      available for reference to support the report. Do not destroy notes 
                      as long as litigation is possible. Imagine the inspector being a 
                      witness, when counsel for the defense asks her this question, 
                      "Does the file contain all your notes or records related to the 
                      inspection?" The inspector would have to answer, "No." Now, how 
                      does the inspector prove that there was nothing beneficial to the 
                      defense in the notes which the inspector might have destroyed? 
                      Well archived inspection notes show how thorough and 
                      professional the inspector is.

 Although the inspector's field notes form the core documentation of each inspection, they may be augmented by additional documentation, including photographs, drawings, maps, and diagrams described below. If the inspector uses these additional tools, she must be sure to note details of additional documentation in her field notes, so later inspectors will know of all evidence collected. The type of documentation necessary for an inspection depend on the type of inspection and the type and number of violations detected.

  11.7       Taking Photographs
  
                                       

 To be admissible in court photographs must "fairly and accurately represent" what the inspector saw on-site and the inspector must be prepared to testify to this. Photography is one of the most poorly utilized tools in documentation. Digital photography is now standard. Inspectors must find an alternative place to save digital photography and other important documentation, besides space assigned to UST. Having alternative copies of all digital documentation guarantees greater safety. Some common problems in photography during field inspections are:

               Too few photographs. Inspectors often try to describe an event 
                       verbally when a photograph would be far more accurate. Take as many  
                       photographs as needed to document every aspect of the potential 
                       compliance issue. It is the constant complaint of attorneys that there 
                       were not enough photographs.

    Poor quality photographs. A sharp, clearly lit photograph is 
                       often only second to the inspector's personal observation of the 
                       subject when it comes to case-winning evidence. An inspector is 
                       expected to be able to use photography skillfully and 
                       professionally and to become as proficient with a camera as they 
                       are sampling or using monitoring equipment.

    Lack of identification of the subjects in photographs. The 
                       inspector must document photographs in her field notebook, stating 
                       the location where the photograph was taken (facility name, 
                       position from where the picture was taken and what direction the 
                       photographer was facing), date and time the photograph was taken, 
                       and briefly what the picture represents (such as "hole in 3,000 
                       gallon diesel tank"). Often it is useful to include a common object 
                       such as a pen or person in a photograph to show scale and size.

 Photographic documentation should tell the story with as little need for narrative as possible. This is done by shooting series of establishing shots followed by medium and then tight or close-up photographs. The proper terms are the establishing or broad perspective shot; the medium or subject shot: and the tight or close-up shot. Further explanations are as follows:

                     Establishing shot. The establishing shot is a photograph taken from a distance which shows not only the subject but one or several permanent identifiable landmarks which can be used for reference in establishing the exact location. For example, the inspector is trying to document a turbine pump head at a gasoline station that is covered with dirt. The establishing shot would show the station and its name. It would be shot against the nearest side of the building where the pump sump is located and would show the sump at a distance. It may also be important to show the compass orientation of the subject (e.g., the sump is on the south side of the building.)

                     Medium shot. The medium or subject shot will emphasize a specific object or event. Sometimes it will be shot in series to view all sides. "Post-its" may be used to identify the item in the photograph. Numbers or identifiers on the "Post-Its" can be recorded in the field log for reference and easy identification when writing the narrative report. In the above example, the medium shot would highlight the sump itself.

                     Tight shot. The tight or detail shot should show the issue under review and/or enough information to identify the specific item or event in question. In the above example, the tight shot would be the pump head itself with the surrounding dirt.

      Other points (some of which clarify common misconceptions) to keep in mind are:

                     Each photograph does not have to have many burdensome kinds of detailed information about film, camera, lens, photographer, weather information attached to it. This information can be documented in the narrative portion of the inspection report.

                     The facility does not have the right to a copy of each photograph before releasing them to the Department.

                     The right to take photographs is included in the inspector's general inspection authority, and the O/O or authorized agent is considered to have denied entry if she or he denies the inspector the right to take photographs.

                     In some situations, it is useful to photograph an object from several angles or sides; for example, a tank which has collapsed may be most effectively illustrated by photographs taken from several different directions. Arguments will often be raised about what is not shown in the photographs.

 Carefully select your equipment. Each medium has its advantages and disadvantages.

                     Digital Cameras. Most digital cameras have friendly-user standard shutter and flash functions to take adequate pictures under many different lighting circumstances. Make a habit to save digital pictures in more than one place. 

                                       

                     Prints and Digital copies. Prints can be processed quickly at many processing facilities. Prints are easy to view when reviewing the report. As we move towards a digital filing system, digital pictures will become the norm. However, prints can still be useful. 

                     PowerPoint Presentations. Digital pictures can be easily used in a PP presentation should it be necessary to have a presentation shown to large numbers of people at a time.

                                       

                     Videos. Video can be used in an enforcement documentation. It is instant, color, has real-time, high-fidelity sound, and is easily viewed. Digital cameras have standard user-friendly video capabilities, with vast digital storage. Used alone or in conjunction with conventional still photography, video has a wide range of potential for compliance documentation. Videos can also be used during public presentations. 

 The basic photo-documentation kit for digital camera is:

 Digital camera (in good proven working order)
 Extra battery for camera
 External digital memory, and
 Notebook and pen.

 Photography helps the inspector remember. A year or more after a site visit an inspector may be asked to recall details about what she saw or did at a facility. Nothing will refresh her memory better than having numerous good photographs documenting her activities and the issues in question. At the same time, few forms of documentation convey information as convincingly as photography does.

  11.8      Sampling and Analysis

                                       
                                       
 Although it is anticipated that sampling and analysis will be an infrequent activity in the UST program, it is nevertheless important that inspectors understand the principles and procedures.	If an inspector cannot maintain quality assurance and quality control (OA\QC), then the sampling is useless. Documentation must prove QA/QC existed so that the foundation, authenticity, and relevance criteria of evidence are established, and the samples may be entered as evidence.

 Samples need to meet the criteria to support evidence (i.e. what, where, when, why, and who and also how). "When to sample" is determined by the best chance to obtain a representative sample. "Why a sample" is taken is more subjective. It is initiated if there is a lack of confidence in available data, or because of incomplete or no data at the facility or at the Department. 

 Sample documentation centers around three prime issues: representativeness, tracking, and methodology.

                     Representativeness. Was the sample representative of what the inspector needed to evaluate for compliance? Does it represent a specific waste stream, site, event or activity?

                   Tracking. Can the inspector prove where the sample came from, 
                                   where it went, what was done to it, and that there was no opportunity 
                                   to compromise the sample along the way through her tracking 
                                   documentation?

                Methodology. Was the correct methodology followed to ensure 
                      that the inspector's sample was (1) taken properly for the substance 
                      in question, and (2) the proper analytical method was used to make 
                      an accurate evaluation of its presence? Sampling situations vary 
                      widely and thus do sampling procedures also.

 The inspector is accountable for the technical accuracy and legal supportability of the entire inspection package. The Quality Assurance Project Plan is the overall recipe for achieving these goals.

 The UST program, along with the hazardous waste program, has adopted its Quality Assurance Project Plan: RCRA Sampling and Analysis in the State of Hawaii (QAPP) (August 1998) which has been approved by the Environmental Protection Agency (EPA) Region 9. The plan includes the following information:

                 Organization and responsibility within the Department
                    
                 Quality assurance objectives for data measurement

                 Development of a sampling and analysis plan

                 Control of samples

                 Calibration of field and lab instruments

                 Data reduction, validation, and reporting

                 Quality control

                 Audits of field sampling systems and lab systems
                
                 Analytical considerations in the development of data quality objectives

                 Procedures for field documentation

                 Selection of sampling methods and sampling equipment, and

                     Standard operating procedures for decontamination of equipment, soil sampling, groundwater sampling, and other procedures.

 Only trained staff will be allowed to take samples. Training should include chain of custody, decontamination, EPA testing methods, groundwater and soil sampling protocols, preservation of samples during transportation, and coordination with certified labs. Staff should receive on-the-job training and classroom training.

 The general steps for the entire sampling and analysis process are as outlined below. Details can be found in the QAPP.
   

 
 Sampling is normally done in pairs while one staff person is appointed as the lead sampling investigator.

 Staff prepares the sampling and analysis plan (SAP) (see the QAPP for the plan). The SAP is also referred to as a field sampling plan (FSP). Sampling requires a plan of action to maximize the safety of sampling personnel, minimize sampling time and cost, reduce errors in sampling, and protect the integrity of the samples after collection.

            Accurate background information about the material to be sampled is important in planning any sampling activity. The information is used to determine the required types of protective equipment, sampling precautions to be observed, as well as the type of samplers, sample containers, container closures, and when needed, preservatives.

             The first step in developing a site-specific sampling plan is to decide what is to be accomplished by the data collected during the sampling program.
             Based on this overall goal, specific sampling requirements can be set. The inspector must decide whether preliminary qualitative or detailed quantitative analysis is needed; what type of equipment should be used; and what type of field measurements are required.

        The UST Section Supervisor and the Branch Manager review the plan.

              The Quality Assurance Officer (QAO) (a staff member at the State lab) reviews the plan and returns it to the Branch Manager.

              Staff gather equipment and supplies. Standard sampling supplies are available through the Solid and Hazardous Waste Branch (SHWB). More specialized equipment can be attained through the Hazard Evaluation and Emergency Response (HEER) office. The type of sampler used will depend upon- The actual material being sampled (e.g. liquid, semi-solid, sludge, or solid); and the container holding the material (e.g. soil, air, groundwater, tanks, etc.)

              Staff implements the plan. Staff must consider the number of samples to take. Collecting one representative sample of a given material is usually adequate to determine the average concentration of the hazardous components. The sample can either be collected from a single sampling point, or several samples can be collected from various points.

             When gathering evidence for possible legal action, multiple samples of a materials are sometimes collected. Two identical samples are desirable: one sample is given to the O/O for their own analysis; the second sample is submitted to the lab utilized by the Department.

             Staff must also consider the volume of the material to be sampled. Sufficient volume of a sample (representative of the main body of the
             material stream) must be collected. The sample must also be adequate in size for all analytical needs. The type of contaminant, the type of analysis, and the sample medium determine the volume requirements.

             Once the sampling media and sampling points have been selected, it is necessary to select the parameters for analysis which will provide the desired information. Those parameters which are known or suspected to be in the material will be the primary focus of the analytical program. Cases where no information about the material is known present the greatest challenge for the inspector who must decide which parameters to request for analysis.

             Staff must consider sampling safety. This is incorporated into the site safety plan described in Section 10.5. Proper safety precautions must always be observed when sampling hazardous materials. In all cases, the person collecting a sample must be aware that the material can be corrosive, flammable, explosive, toxic, and capable of releasing extremely poisonous gases. The background information obtained about the material should be helpful in deciding the extent of sampling safety precautions to be observed and in choosing protective equipment to be used. In some situations obtaining a sample using normal sampling procedures may be too dangerous and should not be attempted.

             The following safety guidelines should be followed whenever sampling:

    Each sample must be treated and handled as though it were 
                      extremely toxic. Sample procedures should minimize the risk of   
                      personnel exposure.

                       If special handling of a sample would be appropriate, the 
                      handler must also warn the laboratory which receives the 
                      sample.

                       Approved and appropriate safety equipment, such as eye  
                      protection, hard hats, foot protection, and respirators must be   
                      worn in areas where hazardous conditions are suspected. In 
                      addition, eye protection should be worn when handling acidic, 
                      caustic, or other hazardous liquids (including preservative 
                      chemicals).

        Staff revises the plan as necessary

        Staff collects samples.

             In conducting sampling, an inspector should keep field notes that document the sampling. Because sampling situations vary, notes should be as descriptive and inclusive as possible. Besides basic log data (see Section 11.6), sampling entries must include at least:

                  Purpose of the sampling
                       Description of the samples and components, if known
                 Number and size of the samples taken
                 Description of the sampling points
                 Date and time of collection
                 Collector's name, and
                  References such as maps and photos of the sampling site.

             After a sample is transferred into the proper sample container, the container must be tightly capped as quickly as possible. Each sample must be labeled and sealed properly immediately after collection. Sample seals (e.g., gummed paper seals) may be used to preserve the integrity of the sample from the time it is collected until it is opened for analysis in the laboratory. This seal should carry such information as: (1) the collector's name; and (2) the date the sample was collected. The seal should be attached in such a way that it is necessary to break it in order to open the sample container.
             The seal should adhere to both the cap and the sample container for the entire 360 degrees around the mouth of the container.

             Chain of custody requires permanent records of all sample handling and shipment. Chain of custody procedures must be used to ensure sample integrity, and legally and technically defensible data. One member of the inspection team should be responsible for initiating chain of custody procedures and documenting the sample source. The sample should be kept in view or within limited access, locked storage until custody is relinquished and formal documentation of the transfer is complete.

              Staff ships the samples to a lab or a lab may pick up the samples on the site. Samples should be delivered to the lab for analysis as soon as possible-­ usually within one day after sampling. The samples must be accompanied by all chain of custody records and by a sample analysis request sheet. The samples must be delivered to the person in the laboratory authorized to receive samples (often referred to as the sample custodian). When a sample is shipped to the laboratory, it must be packaged in a proper shipping container to avoid release and/or breakage.

             The State of Hawaii laboratory is currently without the necessary equipment or facilities to provide the required lab support for the UST Section. The UST Section may use the EPA Contract Laboratory Program (CLP). The Department also has access to a number of private labs. With these private labs, you are able to get a verbal okay from the lab to use their services rather than having to wait for a purchase order. However, upon returning to the office, you need to assure that a purchase order is issued for the work. Many of these labs will send the sample to their parent facilities on the mainland. In that case, a representative from the lab may actually be in the field with you to receive the sample and to take it immediately to the airport for transport.

             Paperwork for CLP needs to be prepared in advance of the event, so allow sufficient lead time. Instructions for completing EPA's paperwork is found in the QAPP.

              If the samples are not accepted by a lab, staff must revise the sampling plan as necessary and resample.

        The lab analyzes the samples and generates a data package.

        The lab transmits the data package to the QAO at the State lab.

              The QAO reviews and validates the package (i.e. determines if data meets the data quality objectives of the SAP) and transmits a data review and validation report to the Branch Manager.

        Staff reviews the report.

  11.9      Drawings, Sketches, Maps, and Diagrams
 These can be a useful shorthand method to note a lot of information about the layout of a facility. While not usually needed on compliance inspections, these visual tools may help inspectors clarify complex facility layouts. These tools can also include schematic drawings of equipment, or maps showing where samples or photographs were taken. The inspector indicates approximate distances and the relative size of items in drawings and maps, and always identifies on the sketch or other visual diagram who prepared it, where, and when. Again, the inspector notes this information in her field notes as well, to allow positive identification of the materials.

  11.10     Conducting Interviews
 Interviews can provide valuable information necessary to carry out an inspection. To get the most from an interview, the inspector must ensure that the interviewee feels comfortable and that the inspector is really listening to his or her answers. The inspector can create this atmosphere by being courteous, non-threatening and non-adversarial. Additionally, the inspector should avoid asking the interviewee leading questions that suggest a certain answer.
 Leading questions discourage the interviewee from being candid and straight-forward in his or her answers. Interview information should be recorded in your notebook and include:

         Who were you talking to?
         What did you ask them?
                   What did they answer?

  Some additional steps the inspector should take to ensure an effective interview include:

 Plan interviews in advance. Whenever possible, the inspector must plan each interview well in advance (as part of the pre-inspection activities described in Section 3). The inspector must determine who the inspector will want to interview at the facility, and schedule interviews at times convenient to the interviewee well in advance of the inspection. The facility information review should help the inspector determine the specific objectives for each interview.

 Establish a positive climate and rapport with the interviewee. It is best for the inspector to start an interview with basic questions to make the interviewee comfortable and confident, such as asking for the interviewee's name, job title, and job responsibilities. These sorts of questions encourage the interviewee to answer questions more openly later. Usually the inspector asks basic, general questions first and then moves to more specific questions, encouraging the interviewee to tell his or her story as a narrative. The inspector should use as little prompting or leading as possible. Other guidelines for inspectors include:

 Don't emphasize note taking; it can be intimidating 
 Give them time to answer and listen
 Don't make promises of confidentiality or protection (stress honesty) 
 Try to have privacy for the interview
 Obtain their name, position, and how contact them at a later time, and
 Enforcement should not be mentioned.

              Ask simple and direct questions that require complete answers. Asking "w" questions (what, when, where, why, and who and also how) will help the interviewee give the inspector all of the information needed. The inspector makes sure to repeat and verify with the interviewee any critical responses the inspector receives during the interview, to ensure clarity. The inspector must avoid double negatives and other complex phrases. The inspector must also avoid multiple subjects in her questions.

              Help the interviewee estimate quantities or distances. In some interviews the interviewee will need assistance to describe or estimate quantities or distances. The inspector can help by suggesting comparisons with other items of known, standard quantity or distance for frames of reference. Examples can could include "about two blocks long?" or "farther than we are from that truck?") or referring to commonly observed quantities ("two barrels full?" or "about three quarts"?).

              Appropriate documentation of an interview depends on the information received. The best way to document the interview depends in large part on how much useful information was received. Interviews in which a significant amount of useful information is obtained should be documented more extensively than interviews that yielded little new information. The following are presented in order of preference from best to last:

 Let them write, sign, and date the statement.

 The inspector writes an exact transcription and lets them read, sign, and date it. The inspector must make it clear to the interviewee that they should correct anything that misrepresents their statements.

                    Legally obtained tape or video recording (video is better). However, recording interviews tends to inhibit an interviewee. If a recorder is to be used, the inspector notifies the interviewee in advance to obtain their permission.

              The inspector's written narrative of the interview with questions and answers.

              Avoid Hearsay. If it isn't a confession by the one performing the act or a statement of a direct witness made in court, it is probably hearsay. "I know Bob failed to take accurate readings for the monthly monitoring method", is hearsay if the statement was made to the inspector during the inspection. It may be evidence if the witness (Bob) says it in court. "I failed to take accurate readings", is not hearsay because the witness is available. It may even be admissible if the person making the admission is dead or no longer available for trial, if it was properly documented and had additional witnesses.

 Some additional tips for conducting interviews are the following:

        Be flexible. The inspector must be flexible to the situation and personality of the interviewee.

              Ask questions. The inspector asks questions as a friendly demand rather than as a request: "Please, tell me who your work for?" rather than, "Would you tell me who you work for?" The inspector must keep it simple and straightforward.

              Use the team approach. The inspector may use the good guy/bad guy approach where one person is aggressive and the other friendlier. The inspector can have one person ask the questions while the other takes notes. Or one person can lead the questioning and the other injects questions only when they see a line of questioning that need follow up.

              Don't invade the personal space of the individual being questioned. Make them feel comfortable. Emphasize that the inspector is there to find the complete truth and that the inspector does not have a hidden agenda to harm them personally

              Establish a rapport.	Be friendly and don't be overbearing. The inspector can find an honest common interest that is off the subject to defuse the intensity of the experience. (e.g. compliment the decor, share an anecdote of a common interest topic, etc.). Make it a point to show that the inspector is recording their positive statements as well as those which may be at issue.

  11.11      Citing a Violation
 The following paragraphs describe the inspector's role in citing a violation. Two important issues are discussed: how to determine if a violation has occurred and how to detect and respond to criminal violations.

 11.11.1    Determining if a Violation has Occurred
 It is Department policy to cite each and every violation of the law and regulations regarding underground storage tanks. Therefore, an inspector does not have discretion to determine when to cite a violation and when to "let it go." However, part of learning to be an inspector involves learning when an inspector has enough evidence of a violation to be able to withstand a challenge to the citation.

 If the violation is a clear black-and-white issue, citing the O/O will be straightforward. For example, there is a clear violation of the notification requirements if a facility is not registered. However, many regulations enforced are not so clear. For example, closure regulations require that the O/O measure for the presence of a release where contamination is most likely to be present at a UST site. This requires the inspector to determine where contamination is likely to exist and why, and what number and type of soil boring(s) and/or monitoring wells are necessary to properly investigate potential contamination. These factors can be subjective.

 The more inspections she performs, the more an inspector will learn about which violations are clear-cut and which are not. In general, the less clear-cut the violations, the more evidence an inspector will need before she can cite a violation. In our example above concerning the closure regulations, if the inspector learns that the O/O only took one sample from a soil boring 25 feet upgradient from the fuel tanks, the inspector's experience and opinion may be good evidence that O/O did not comply with the regulation. If the inspector takes a soil boring that reveals contamination
 immediately adjacent to the tanks, then the violation is even clearer. However, if the issue seems borderline or could go either way, then try to collect more evidence.

 Likewise, the more serious the violation and the more serious the consequences of a violation, the more evidence the inspector will want to collect. These serious violations are likely to be pursued most vigorously and the stronger your investigation and supporting evidence, the stronger the Department's case. In particular, any violation that could result in ground-water contamination should be carefully checked and verified before you cite a violation.

  11.11.2     Criminal Violations
 Criminal cases may be appropriate under State non-UST statutes or under federal statutes. While an inspector is not expected to analyze whether a criminal violation has occurred at a facility, she may see indicators of criminal activity. These activities should always be referred to the Department of the Attorney General for criminal investigation. The most common types of criminal activity an inspector is likely to encounter are those involving knowing or willful violation of statutes and regulations and fraudulent reporting. Indicators of these types of criminal activity at a UST facility may include: conflicting data (two sets of books or inconsistent monitoring data); conflicting stories (from different employees, or between what employees say and what the books show); unsubstantiated data (such as monitoring data or inventory records that are not supported by accurate documentation); and deliberate actions (for example, an employee tells the inspector he or she was specifically instructed to take some action that violates the regulations). Another clue for criminal activity is a claim of ignorance about requirements when documents exists that indicate knowledge of these requirements.

 11.12     Maintaining a Professional Demeanor
                                       
Inspectors are the "frontline" of the UST program. As an official representative of the Department, inspectors must always conduct themselves in a professional manner. This is particularly important because of the possibility that an inspection will result in further enforcement actions if the facility is found to be in violation of the regulations. It is important that the Department inspect and enforce against violators in a consistent and fair manner:

 Always practice professionalism and consistency of treatment. An inspector must document all violations she observes and never "overlooks" even minor violations for any reason. All inspectors must interpret the regulations and cite violations in the same way for each facility. Additionally, different inspectors must conduct inspections with consistency. Inspectors help achieve uniformity and fairness of treatment for the regulated community by discussing cases with other inspectors, especially those that are difficult or unusual.

 Inspectors must be direct, objective, and respectful in discussions with the on-site representative. An inspector must not conclude that she has observed a violation unless she is completely certain. If the inspector has any doubts, she tells the on-site representative what she needs to check or who she must discuss the matter with before she determines whether a violation has occurred. The inspector should not appear to be hiding information from the on-site representative, who is naturally concerned about the results of the inspection. The inspector clearly explains the steps for determining a violation, and tells the on-site representative how and when the inspector will notify him or her of a final decision.

 Avoid promoting an informal relationship with the on-site representative. This may set the wrong sort of tone for the inspection. An inspector doesn't need to be humorless but should present a serious attitude toward the inspection. Inspection violations can have very serious and expensive consequences for the UST O/O and the inspector should treat the inspection and the on-site representative with professionalism.

 Be careful not to give technical advice to the on-site representative. While the inspector should be helpful to the on-site representative and be willing to describe the process of inspection and enforcement, the inspector must not allow the on-site representative to use her as an unpaid consultant. The inspector's advice could compromise her role as an independent inspector, and harm later enforcement efforts.

 Keep communication at a professional level. The inspector communicates herr decisions as determined by consistently-applied Departmental policies rather than as personal choices. With experience the inspector will find that if one method of communication does not work during an inspection, she may try another, such as changing her tone of voice, words, or non-verbal communications. This may improve the inspector's ability to communicate with the on-site representative.

 It is very likely that the inspector may be the first direct contact the on-site representative has had with the UST Section or with any representative from the Department. The on-site representative may take out his or her anger on the supervisor at having to comply with the regulations.

 Conflict between inspectors and on-site representatives is more likely when there are actual or potential violations. It is the inspector's responsibility not to escalate the situation. One method for handling an irate on-site representative is to let him or her ventilate anger and cool down. If this technique does not work, or if the inspector is unable to maintain an objective and calm communication with the on-site representative, she should consider leaving the facility and continuing her inspection at a later time with another staff member.

 The inspector must always immediately terminate the inspection if she is physically threatened. No evidence is worth an inspector risking harm. The inspector must consult with the UST Section Supervisor about whether to return to the facility at another time with additional staff, a search warrant, or a police escort. The UST Section Supervisor may also suggest that the inspector contact the Department of the Attorney General. Inspectors should never take physical threats lightly, nor should inspectors ever respond with similar threats.
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                  SECTION 12

                CLOSING CONFERENCE AND INSPECTION FOLLOW UP FOR OTHER THAN FIELD CITATIONS

  12.1    General Discussion
 This section explains the procedures the inspector should undertake following the completion of an inspection for other than field citations. The major post-inspection activities an inspector will have to complete include:

 Holding a Closing Conference
             
        Completing an Inspection Report

        Completing Other Inspection Documentation

              Referring Cases for Enforcement

 Notifying other State, Federal, or Local Government Agencies of Obvious Violations and Concerns, and

        Conducting Re-Inspections.

 For information about field citations refer to Section 13.

  12.2      Closing Conference
 The closing conference is a face-to-face meeting between the inspector and the on-site representative immediately after the inspection. It is the last opportunity for the inspector to ask the on-site representative questions, and for the on-site representative to gain information from the inspector about the inspection and its results. The general steps for conducting a closing conference include:

 12.2.1  Summarize Preliminary Field Results and Observations
 
 The inspector summarizes any performed field tests or measurements for the on-site representative. The on-site representative will be eager to hear whether the inspector discovered any violations. The inspector must be extremely careful not to say anything that could later harm or compromise the Department's ability to take enforcement against the facility. For example, inspectors never tell an on-site representative that "there are no violations", or "everything looks fine." This could be used against the Department in a later enforcement action if in fact a violation did occur.

  12.2.2   Describe Potential Violations Discovered During the Inspection

 First, the inspector follows up on the potential violations she described in the opening conference (if any), and then explains any other issues that came to her attention during the inspection.
 Additionally, the inspector informs the on-site representative if she plans to investigate other potential violations. For example, the inspector may explain to him or her that violations may be discovered after the results of laboratory analyses are received. Whenever possible, the inspector specifies the time­ frame during which she expects to notify the O/O of a violation (e.g., how long the laboratory usually takes to analyze the samples taken and then how long to complete the inspection paperwork).

 Perhaps the most difficult situation in a closing conference is when an inspector is not sure whether a violation occurred or not. The inspector does not want to jeopardize the enforceability of a violation by telling the on-site representative that she does not "think" there are any violations or "I have to check with my supervisor whether such and such was a violation." Statements such as these may undermine the inspector's credibility and reputation as an inspector and communicate to the regulated community a weak and unsure enforcement posture. It would be much better to state that, for example, "We are continuing to investigate the matter of the inventory records, and we will keep you informed as soon as we determine whether a violation was committed." By describing the delay as general Departmental procedure in cases of uncertainty, the inspector shifts the focus away from herself. Of course, the more inspections she performs and the more she has studied the regulations, the less frequently an inspector will be in this position.

  12.2.3     Explain Follow-up Procedures
 Clearly informing the on-site representative what will happen after the inspection is a very important step because it gives the on-site representative critical information about the upcoming process and a time-frame for when he or she will learn whether the Department will be taking enforcement action. Include the following in the inspector's follow-up explanation:

 Inspection report. Explain whether an inspection report will be prepared, by whom, when, and how the on-site representative can obtain a copy of it.

 Notification of violation. Tell the on-site representative what the process is for determining whether any violations occurred, and how and when he or she will be notified of the violations.

 Facility's right to appeal. Explain how the facility O/O can appeal any violations cited in the notification of violation, including what deadlines apply and where to send appeal information.

 Notification of other officials. Tell the on-site representative if other officials will be notified of matters observed during the inspection.

  12.3       Completing an Inspection Report
 If the inspector discovered any single serious violation that is likely to result in environmental damage, or if many small violations were observed, the inspector may decide to prepare an inspection report. The main purpose of an inspection report is to present a factual record of an inspection. It will be the foundation for most high priority enforcement cases, and thus must be clear, accurate, and convincing. Without a good inspection report, it is hard to successfully prosecute violators. The report will also be the starting point for the next inspection performed at the facility, providing information about problems that must be specifically investigated, areas that may not have been inspected, and situations that demand extra precautions.
 
 The following are some rules for preparing a good, thorough inspection report:

 Reports must be factual. All inspection reports should focus on the facts, not on the inspector's opinions or ideas. Conclusions concerning potential violations should not appear in reports, only the facts and data supporting a potential violation. Write the report in such a way that the reader can draw their own conclusion. "Joe was very hostile," is a conclusion. "Joe began swearing and punching holes in the wall," is a statement of events from which the reader can draw her own conclusions.

 Reports must be accurate. Avoid exaggerations, superlatives, and assumptions and be as exact and accurate as possible. The inspector does not draw conclusions or inferences; she writes down only what she personally observed or heard. For example, if the on-site representative tells the inspector that they recently had a pinhole release in a line that did not cause any contamination, the inspector does not write that the facility recently had such a release, but that the on-site representative told her they had such a release. Another example of an assumption is, "I determined that the records were acceptable after a review of several examples." The most an inspector can say is that in her opinion, the specific records reviewed appeared acceptable to her. In most cases the inspector should take example copies of these records and also allow the program to review them and make a determination.

 Reports must be complete. The report should be entirely self-contained, so that the reader need not refer to any other information or ask any further questions about the matters in the report. Completeness includes:

 Thoroughly identifying an individual, the first time he or she is mentioned in a report, including his or her first and last names, and title or position.

 Carefully presenting the chronology of events during an inspection. This includes describing the time at which all important events happened, such as sample collection.

 Identifying the specific location of all-important inspection occurrences, such as where each sample was taken.

 Reports must be written clearly, concisely, and in the active voice. A concise report leaves out unnecessary words without omitting important facts, details, and useful explanations. Write in short sentences and avoid unnecessarily complicated and technical terms. By writing in the active voice the inspector will avoid any unnecessary confusion by identifying clearly the subject of each sentence. For example, instead of saying "A sample was taken of the contents of tank D," a more accurate report would state, "Ms. Staff person took a sample of the contents of tank D." Additionally, avoid the use of "it" whenever possible. For example, the statement, "I inspected the cathodic protection system for Tank A, but it was not operational" does not clearly tell the reader what was not operational: the tank or the cathodic protection system. A clearer explanation would be, "I inspected the cathodic protection system for Tank A. The cathodic protection system was not operational."

             Write the report as if the inspector did the inspection:

 I did this ...
 I asked Joe Dokes ...
              I sampled the ...
              Mary Dokes said ...

             Good reports are not great prose. Good reports are a narrative of what happened during a specific event in time. Clarity is far more important than sounding academic. Avoid unnecessary or "cop talk" jargon. Say "Joe Dokes got out of the GMC truck," rather than, "The perpetrator exited the vehicle".

 Reports Must Identify all Sources. Always include in an inspection report the source of all evidence: who told the inspector information and where the inspector took each sample.

 Reports Must be Timely. If a report is not written near the time of the inspection, it will lose authenticity and therefore credibility as evidence.

 As the inspector writes a report, she keeps in mind who her readers will be: Departmental staff and attorneys, and representatives, including attorneys, of the facility. All readers will have the same goal: to learn all facts and events of the inspection so that they can evaluate whether enforceable violations occurred. The more accurate and complete the inspector's report is, the more quickly and easily the reader can make this evaluation.

 The following is an example of an outline of a report:

                   HEADING:	This would include the type of inspection, site name, and date of the inspection.
 FACILITY 
 ADDRESS:                Corporate or head office address.

 SITE 
 ADDRESS:                Exact location of site inspected.
 
 SITE 
 CONTACTS:           Name, position or title, and telephone number.
 


 INSPECTION 
 TEAM:                      Leader and all members of the inspection team. Name, position or
                                  title, and telephone number.

 PURPOSE:                 Compliance inspection, audit, sampling, etc. and the authority for   
                                     the inspection.
 
 HISTORY:               This include compliance history and the history of the facility or    
                                   site.
 INSPECTION 
 TIMES:                     The hour, day and year for the inspection (e.g. 1-1-2019 @ 0800  
                                   hours)
 OPENING 
 CONFERENCE:           Who did you show your credentials to; all persons present; titles  
                                       or positions; what was discussed (i.e., scope and timing of 
                                  inspection events); specific arrangements; if entry was granted 
                                  or denied.
 FIELD 
 INSPECTION:            Narrative of field inspection and observations. Where did you go   
                                     or not go if it was relevant? What did you see? Documentation.
 RECORDS 
 INSPECTION:           What was reviewed, copied and taken? Where were the records 
                                     and who was in charge?
 CLOSING 
 CONFERENCE:          Who was there? What was discussed? What was agreed to?

 SAMPLES:              Were samples taken? Of what? Were there splits?

 COMPLIANCE 
 CONCERNS:            State as your opinion only. Regulations should not be cited in the 
                                   report but may be suggested in an "enforcement confidential" memo 
                                to the program chief or attorney.

 ATTACHMENTS:  List and identify all notes, checklists, photos, drawings, and other  
                                  documentation

 DATE & 
 SIGNATURE: It's your report so sign it.

 Inspection reports are generally transmitted to the facility along with a cover letter. The report and letter should be sent within 45 days of the inspection. Refer to the UST/LUST Enforcement Manual.

  12.4      Completing Other Inspection Documentation
 There are other documents that must be prepared to fully document an inspection. These documents are critical in establishing a written verification of the inspection and could be important pieces of evidence if further enforcement actions are taken.

            12.4.1      Initial Enforcement Action
      For a facility where an inspector has determined that there are violations she must determine what will be the initial enforcement step. If the inspector determines that a field citation is not appropriate, she may decide to proceed with a warning letter or a request for information letter. Refer to the UST/LUST Enforcement Manual for details on preparing these documents. The inspector is sure to mark on her calendar any compliance or response dates set in her initial action, so she will know when the O/O is required to come into compliance.

            12.4.2      Provide Data Base Updates
      Ensure that USTRAC is updated with any new information about the facility (such as the existence and type of release detection equipment) or any changes to information in the data base. Refer to Section 14. 7.

            12.4.3      Identify Photographs
      Inspectors use field notes to uniquely identify each photograph thoroughly and place them in their corresponding site file. Without this information recorded on the photographs, inspectors may not be able to use them as evidence in subsequent enforcement actions.

      12.4.4      Send Copies of Documentation to the O/O
      An inspector checks her field notes after every inspection to remind herself what information and data she must send out after the inspection. For example, if the facility O/O requested a copy of the inspector's laboratory results for any samples she took, the inspector is sure to send these or to put a reminder on her calendar to do so. Refer to the UST/LUST Enforcement Manual for details on transmitting the inspection report to the facility.

      12.5         Referring Cases for Escalated Enforcement
      The procedures for referring cases for escalated enforcement action (e.g. notice of violation and order) are contained in the UST/LUST Enforcement Manual. Inspectors refer to this manual when deciding when and how to refer cases for further enforcement.

       12.6         Notifying Other State, Federal, or Local Agencies of Violations
      While the focus inspections is on UST regulations, occasionally inspectors will discover obvious violations of other government regulations. Inspectors are not expected to be experts in all government requirements which could be applicable at an UST site, although inspectors will certainly learn more about regulations as they gain experience. The following officials may need to be notified if an inspector discovers violations pertaining to their jurisdiction:

      Fire officials. Inspectors notify fire officials immediately of any potential fire hazards, such as releasing above-ground tanks or explosive vapors.

      Department of the Attorney General. If an inspector encounters suspicious or potentially criminal activity during an inspection, she contacts the Department of the Attorney General.
      
      Safe Drinking Water Branch. The Safe Drinking Water Branch of the Department must be notified if an inspector encounters any evidence of ground-water or water-supply contamination during her inspection. These officials may need to inform users of potential health threats or investigate alternate water supplies available.

      Clean Water Branch. The Clean Water Branch of the Department should be notified if an inspector encounters any evidence of surface-water contamination during her inspection.

       12.7         Conducting Re-Inspections
       In certain situations, an inspector will want to follow up an inspection with a limited re-inspection. Examples of when an inspector might want to perform a re-inspection include:

 If the inspection was cut short by some emergency or unusual situation, an inspector may wish to return to complete the inspection.

 If the on-site representative could not find or produce important documentation (such as inventory records) or equipment (for example, if a car were parked over a monitoring well, preventing the inspector from sampling it).

 When information obtained by an inspector later indicates that she did not give enough attention to a potentially serious violation in her inspection; in such a situation she might return to the facility to thoroughly investigate the matter.

       Inspectors are not giving the facility "another chance" by performing re-inspections. Any violations discovered during the first inspection must be pursued according to the standard procedures described in this manual. However, a re-inspection may be important to verify or follow-up on violations discovered earlier. Before an inspector decides to perform a re­inspection, she ensures she has a good and justifiable reason and document it in her file.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                  SECTION 13 
                                                       
                                                FIELD CITATIONS
                                                       
        13.1     General Discussion
        Field citations are an enforcement option provided for in Hawaii Administrative Rules (HAR) 11-280.1-422. A field citation may be issued for violations of Chapter 342L, Hawaii Revised Statutes, and this chapter that the Department deems appropriate for resolution through the issuance of a field citation. A field citation is an expedited enforcement process and contains lower penalty amounts as an incentive for faster settlement. It is less resource intensive than traditional methods of underground storage tank (UST) enforcement. The field citation is an offer to settle an allegation of noncompliance. If the O/O declines to accept the Department's offer to settle within the time period set forth in the field citation, the Department may bring administrative or civil enforcement action under chapter 342L, Hawaii Revised Statutes.   

        13.2    Criteria for Using Field Citations
              The criteria for using field citations are as follows:

 Violations must be those set forth in HAR section 11-280.1

 Violations should be clear-cut and easily verifiable, and

 Violations should be easily correctable.

        13.3     Penalties
        Penalties will be in the amounts listed in HAR section 11-64-126 (see Appendix 13-A).

 When you are citing more than five subparagraphs under HAR paragraph 11- 64-52(1), you should cite 11-64-52(1) instead of the individual subparagraphs. The same is true for subparagraphs in HAR paragraphs 11-64-52(5) and 52(6).

 You should also not assess a penalty twice for the same violation. For example, violation of HAR paragraph 11-64-52(1) is also a violation of HAR paragraph 11-64-51(a). Only the more specific violation of 11-64-52(1) should be cited.

 Cite the more serious violation when a number of violations are found. For example, do not cite a recordkeeping violation when no monitoring, sampling, or testing was found to be performed. The fact that no monitoring occurred means that no recordkeeping will be available.

 Penalties should be assessed per tank rather than per facility.

             13.4      Determining the Use of a Field Citation
        
        After gathering all information and while still at the site, the inspector should determine whether a field citation is appropriate based on the criteria in subsection 13.2. If determined to be appropriate, the field citation should be considered over other options such as a warning letter. If the inspector determines the field citation is not appropriate, she should proceed according to section 12 and she should consider other enforcement options as described in the UST/LUST Enforcement Manual.
        
        The inspector may find that she is uncertain as to whether a violation has occurred or as to the severity of a violation and is thus uncertain as to what enforcement option should be taken. In this instance, the inspector should discuss with the O/O that it appears violations have occurred but that findings will be discussed back at the Department of Health (the Department) office prior to determining what type of action will be taken. The field citation and Notice of Violation and Order (NOVO) enforcement authorities should be described to the O/O and it must be explained that the Department will notify them in writing regarding what type of enforcement action will be taken. Do not write a citation while onsite. A field citation can be mailed (certified mail, return receipt requested) from back at the office.

        The following circumstances are among the situations where the inspector has enforcement discretion:

 The O/O is hostile and there is a high probability that issuing a citation will lead to physical harm or a refusal to accept the citation. The inspector should quickly leave the property. Upon returning to the office, the inspector can assess the next course of action, e.g. obtaining a search warrant, issuing a citation by mail, or proceeding with a more stringent enforcement action. Note that a citation can be issued without having Part I signed by the facility. The citation can be issued later--via mail--upon returning to the office.

 The violations are so minor that the facility agrees to correct them immediately or within a few days. The inspector in this instance may want to go ahead and issue the citation, give the facility a short turn-around time (5-7 days to fax the required information) and then withdraw the citation upon the receipt of the documentation. Refer to Section 13.8. If the facility does not quickly submit the documentation requested, the citation can still be processed.

 The amount of documentation that the inspector requires the facility to submit in order to determine their compliance with the citation. The inspector will have the discretion given that she may know the facility and the reliability of the O/O to correct the violations. The citation can stand on its own as proof of compliance with the violations that were cited.

          13.5     Form of the Field Citation
        The form shall be that in Appendix VII of HAR chapter 11-64 subchapter 10 (see Appendix
        13-B). The form consists of an original sheet and one copy.

          13.6     Issuing a Field Citation
         After gathering all information, the inspector conducts a closing conference with the owner, operator, or on-site representative. The inspector explains the violations that were found and the applicable penalty amounts. The inspector explains the terms of the citation. The inspector presents the field citation to the owner, operator, or on-site representative with the information in Part 1--Notice of Violation completed. The inspector signs Part I and asks the owner, operator, or on-site representative to also sign that part. The owner, operator, or on-site representative's signature at this point is merely an acknowledgement that they have received the citation--not whether they agree with the violations or not. If the owner, operator, or on-site representative signs Part I, the inspector gives the original sheet to the owner, operator, or on-site representative and keeps the copy sheet. If the owner, operator, or on-site representative refuses to sign Part I, the citation is automatically withdrawn. The Department will then pursue other enforcement options for the violations cited.

         There may be a situation where the inspector feels that the citation should be issued, but there is no owner, operator, or on-site representative at the site to sign Part I. The inspector should still leave the original sheet at the facility. The Part I does not have to be signed by the owner, operator, or on-site representative in order for the Department to issue the citation. Upon returning to the office, the inspector will send a copy of the citation (via certified mail, return receipt requested) to the owner and/or operator. The letter will identify that an inspection was conducted, violations were found, and a field citation left at the site. This will be an informational copy of the citation and will not affect the time period for the facility to correct violations, etc. (see below).

         The citation forms are preprinted with an individual citation number at the top right-hand corner of the original. If there are more than four violations cited, the inspector will complete a second citation form for the same facility. The preprinted number on the second form should be crossed out with a single line and replaced with the number from the first form.

         Keep in mind, that as soon as possible upon returning to the office, the inspector will prepare a complete inspection report for the site. Refer to Section 12.3.

         Upon issuance of the citation, the O/O then has 30 days to correct the violations, pay the settlement amount, and sign and return the settlement agreement. The inspector should emphasize to the violator that violations need to be corrected before he/she signs the settlement agreement. For the settlement agreement, the O/O signs the original sheet and returns it along with a check to the Department. By signing the settlement agreement, the violator waives his or her right to a contested case hearing pursuant to HRS chapter 91.

          13.7       Extensions of Time
        
         The Department may grant one extension of no more than 30 days of time to correct the violations, pay the settlement amount, and sign and return the settlement agreement. The extension will be granted provided that:

 Before the expiration of the initial 30 days, O/O submits a written request for the extension. (The request can initially be over the phone but must be followed up in writing before the expiration of the initial 30 days.)

 The O/O satisfactorily demonstrates that there are factors beyond his or her control that necessitate an extension; and

 The department believes that the compliance will be achieved within the extension period.

          The circumstances justifying the extension will typically involve unusual difficulties in obtaining parts or securing and scheduling contractors to install equipment within the initial 30-day period, or delays in securing loan approval to finance repairs. Merely neglecting to seek expert assistance or equipment in a timely fashion should not in itself justify an extension. The inspector should document for the file the reason for granting any extension.

          In certain circumstances, the Department might also consider extending the 30-day extension for cases in which a force majeure event occurs. "Force majeure" is defined as any event arising from causes beyond the control of the O/O or of any entity controlled by the O/O (including, but not limited to, the O/O's contractors and subcontractors) that delays or prevents the performance of any obligation under the field citation, despite the O/O's best efforts to fulfill the obligation. The O/O 's "best efforts to fulfill the obligation" include using best efforts to anticipate any potential force majeure event, and best efforts to address the effects of any potential force majeure event (1) as it is occurring and (2) following the force majeure event, such that the delay is minimized to the greatest extent possible.

          Examples of force majeure events include extreme weather conditions that render scheduled excavation of tanks or piping impossible, or an act of God, such as flooding or an earthquake that disrupts normal commerce. Events not constituting force majeure include, but are not limited to, financial inability to perform any actions required by the field citation and unanticipated or increased costs or expenses associated with the implementation of the field citation. The O/O should, nevertheless, provide written justification for the second extension and the inspector should document for the file the reason for granting the extension.

           13.8        Withdrawal of the Citation Because of Immediate Compliance
          There may be situation where a facility immediately corrects violations and quickly submits the required documentation. Through a prior agreement between the O/O and the inspector, the inspector can withdraw the citation (refer to Section 13.4). In this case the inspector will prepare a citation withdrawal letter. The inspector must also handwrite across the top of the original of the citation "withdrawn due to immediate compliance" and initial and date the statement. This original must be sent to the facility with the citation withdrawal letter. An example of the citation withdrawal letter is found in Appendix 13-C.

            13.9        Amended Citation
          After issuing a citation, the inspector may learn new information concerning the nature of the violations. In this case the inspector may want to issue an amended citation. The inspector will prepare a new citation form that is labeled "Amendment No. 1 to Field Citation No.". The preprinted citation number on the new form should be crossed out with a single line. Part I of the amended citation must be signed and dated by the inspector and then sent (via certified mail, return receipt requested) to the owner, operator, or on-site representative for signature. An amended form letter should accompany the citation.

          Whether or not the timeframe for correcting violations is also amended will depend on the nature of the amendments. If the amendment involves merely withdrawing one or more violations, the 30 days from the initial citation will remain as is. If the amendment involves adding more violations or changing the description of a violation, the new due date will be 30 days from the amended citation.

           13.10        Follow-up
          If the violator signs and returns the settlement agreement, the inspector must then conduct a follow-up inspection to determine that the violations have been adequately corrected. If the corrections have been made, the inspector will send a letter to the facility confirming the corrections and return a copy of the settlement agreement with the Department's signature. If the violator has not fully complied with the terms of a signed settlement agreement, the Department must not sign the settlement agreement and should consider other enforcement options as described in the UST/LUST Enforcement Manual.

          If the violator does not correct the violations, pay the settlement amount, and sign and return the settlement agreement within the initial 30 days or within an extension period, the compliance order is automatically withdrawn. The Department must not sign the settlement agreement and must then consider other enforcement options

          Where a field citation has been withdrawn for noncompliance and the Department is considering other enforcement options for the violations, the Department must consider penalty amounts that are significantly more than the amounts assessed in the field citation.

           13.11        Handling Disputes over Violations
          A facility may believe that one or more violations were cited in error. After accepting the Notice of Violation (signing it), the facility has 15 calendar days to submit documents verifying the error. If the O/O cannot provide satisfactory documentation to the inspector within the 15 days, the citation stands.

           If the documentation is satisfactory and results in no violations, the inspector will write a letter to the O/O withdrawing the field citation. Refer to Section 13.8. If some, but not all violations remain, the inspector will send an amended field citation. Refer to Section 13.9. The remaining violations will have to be corrected within the initial 30 days of the original field citation or within an extended timeframe per paragraph 13.7.

            13.12         Publicizing Field Citations
           The Department generally issues a press release following a field citation. The press release may be for an individual site or it may be combined to include more than one site where a cluster of citations has been issued close together. The press release will go out as soon as possible after the citation or cluster of citations has been issued. Refer to the UST/LUST Enforcement Manual for more details on the press release.
 
           13.13          Providing Data Base Updates
           Ensure that the USTRAC is updated with the appropriate enforcement information. Refer to Section 6.2 of the UST/LUST Enforcement Manual.












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                                   APPENDIX 13-A

                             FIELD CITATION PENALTIES

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                                   APPENDIX 13-B

                                FIELD CITATION FORM
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                                     APPENDIX VII
                              HAWAII DEPARTMENT OF HEALTH
            Solid and Hazardous Waste Branch 919 Ala Moana Blvd., Room 212
            Honolulu, Hawaii 96814

     NOTICE OF VIOLATION AND EXPEDITED COMPLIANCE ORDER/SETTLEMENT AGREEMENT
                                  NOTICE OF VIOLATION
        FIELD CITATION No:
         RECEIPT BY OWNER OR OPERATOR

  
   I hereby acknowledge receipt of this Notice of Violation/ Compliance Order.

    	Date:	I	I
   (Signature of Owner, Operator or On-site Rep nrativ;;-

 On/1//1//1, at/1:/1em/pm at the Facility known as:
 (Print Name)

                                                 

 
 located at: ID number:
 
 In the presence of the Owner/Operator/On-site Representative:

 an authorized employee of the Hawaii Department of Health (DOH) Inspected this facility to determine compliance with underground storage tank regulations promulgated under Hawaii Revised Statutes (HRS) chapter 342L. This inspection revealed the following violations:
 (Print Title)


 (Print Mailing Address of Owner or Operator)

 
                                         INSTRUCTIONS

 

 WITHIN THIRTY CALENDAR DAVS OF THE
 INSPECTION DATE:

 if you wish to avoid enforcement actions and penalties for the violations noted of up to $25,000 per tank per day of violation, you may participate in an expedited settlement by:
  HAR § 11-64- 		Settlement: $ 	_
 Violation: 		_ Date(s): 	_ _
 Correcting all of the violations noted by the inspector.

 Providing a description of all of the actions you took to correct the violations in the blank space provided below, attaching
 ::HAR/1§ 11-64- 	
 Settlement: $ 	_
 additional pages for information that does not fit within the space
 Violation: 	_ _ Date(s): 		_ _
 provided, and attaching copies of any records or other documents evidencing the actions you took to correct the violations.

  After you have corrected all of the violations, but no later than
 ::HAR § 11-64- 
 Settlement: $ 	_
 thirty calendar days after the date of the inspection, signing the
 Violation:--------------------
 Date(sl: 	_ _
 Settlement Agreement and Certification on the reverse side.

  Submitting a cashier's check made out to ::state of Hawaii:: for the full payment of the ·Proposed Settlement Total:: noted In the
 ::HAR§ 11-64- 	
 Settlement:$/1_
 Notice of Violation section, together with the original of this form,
 Violation: 	__

 Date(sl: 	 ___
 ·HAR means the Hawaii Administrative Rules

       Proposed Settlement Total:	$
              COMPLIANCE ORDER
 The owner and operator are hereby ordered to correct the violations described above.

 The Compliance Order is not an adjudicatory proceeding or contested case under HRS chapter 91 but is issued solely with reference to the Settlement Agreement on the reverse of this form. If the Settlement Agreement is not returned in correct form within 30 calendar days of the date of inspection, this Compliance Order is hereby withdrawn, without prejudice to DOH's ability to file additional enforcement actions for the above or any other violations.

 I have personally observed the violations described above, and find the owner and operator in violation of the above-referenced regulations.
 to: Department of Health, UST Section, 919 Ala Moana Blvd., 2nd Floor, Room 212, Honolulu, Hawaii 96814.
 
         DESCRIPTION OF CORRECTIONS
 In the space below, please describe the work performed to correct the violations, attaching additional pages if you need more space. Attach copies of all documents describing the work that was performed.
 
   	Date:/1/ 	/
                                     
  (Signature of DOH Inspector)
  INFORMATION ABOUT THIS COMPLIANCE ORDER/SETTLEMENT AGREEMENT
 The Hawaii Department of Health (DOH) has authority under chapter 342L of the Hawaii Revised Statutes to issue Notices of Violation and Compliance Orders and to pursue civil penalties for violations of the underground storage tank laws. However, the Department encourages the expedited settlement of easily verifiable violations of underground storage tank laws, such as the violations described in the Notice of Violation section on the reverse, by agreeing to standard settlement terms that include expedited correction of the violations and payment of the settlement amount indicated in the Notice of Violation section on the reverse side of this form.

 You may resolve the cited violations quickly by correcting the violations, paying the settlement amount and signing and returning the Settlement Agreement to the Department within 30 calendar days of the issuance of the field citation. The Department, at its discretion, may grant one 30 calendar day extension of this settlement offer for good cause. The payment of the settlement agreement must be in the f9rm of a cashier's check payable to the "State of Hawaii" with the number of the field citation written on the check.

 The Department will not accept nor approve the Settlement Agreement if there is any alteration of the Notice of Violation and Compliance Order/Settlement Agreement, if there is payment of less than the full amount of the settlement, if the Settlement Agreement is not returned within the time required, or if the violations are not corrected within the time allowed. The Department will treat any response to the field citation, other than timely acceptance of the Settlement Agreement, or timely request for a 30-day extension, as an indication that you are not interested in pursuing this expedited settlement procedure.

 If the Settlement Agreement is not returned in proper form or if full payment of the settlement amount is not made within the time required, the Department may proceed without prejudice to file enforcement actions for the above cited and/or any other violations. Failure to pay the Settlement Agreement and pay the settlement amounts within the time allowed does not relieve you of the responsibility to correct the violations identified by the inspector, nor to comply fully with all other regulatory requirements.

 This Notice of Violation and Compliance Order/Settlement Agreement is not an adjudicatory proceeding or contested case under HRS chapter 91. However, if you do not sign and return the Settlement Agreement and pay the settlement amounts within the time allowed, and OOH pursues further enforcement measures in order to have the violations corrected or to seek penalties, you will receive instructions describing your rights under applicable laws .
 By signing this Compliance Order/Settlement Agreement, you waive your right to a conteste!;I case hearing under HRS chapter 91 with respect to the violations cited in the Notice of Violation section.
           SETTLEMENT AGREEMENT


 By signing below, the owner or operator accepts the terms of this Settlement Agreement, and agrees not to challenge the issuance of the Compliance Order. Subsequent signature by DOH constitutes its acceptance of the Settlement Agreement. This Notice of Violation and Expedited Compliance Order/Settlement Agreement is not effective until signed by both the owner or operator and by the Department. This settlement offers expires thirty calendar days after the date of the inspection, unless otherwise specified in a written extension granted by the Department.

 SETTLEMENT AGREEMENT. To expeditiously settle the violations described in the Notice of Violation, DOH AND THE OWNER OR OPERATOR SIGNING BELOW HEREBY ENTER INTO THE
 SETTLEMENT AGREEMENT, subject to the following terms and conditions:
 This Settlement Agreement is binding on the Department and the Owner or Operator signing below.
  The Owner or Operator signing below certifies, subject to civil and criminal penalties for making a false submission to the Department; that the Owner or Operator has corrected the violations within thirty calendar days of the date of inspection (unless the Department has granted an extension} and has present the Department with a cashier's check to pay the full amount of the "Proposed Settlement Total" prescribed in the Notice of Violation section on the reverse.
  The Owner or Operator signing below waives any objections to the Department's jurisdiction with respect to this Notice of Violation and Compliance Order/Settlement Agreement, waives any objections to the violations and settlement amount in the Notice of Violation section, and consents to the Department's final approval of this Settlement Agreement without further notice.
  The Owner or Operator signing below waives the right to a contested case hearing under HRS chapter 91.
  Upon the Department's final approval of this Settlement Agreement, the Department agrees that it will take no further action against the Owner or Operator for the violations described in the Notice of Violation section, provided that the violations have been fully corrected.
  The Department does not waive any enforcement action it may take for any past, present or future violations of the underground storage tank laws not described in the Notice of Violation section. This is not a waiver of any violations of any other statute or regulations.
  Final approval of the Settlement Agreement is in the sole discretion of the Department. Upon the Department's final approval below, this Settlement Agreement becomes effective, and the Department shall mail a copy to the Owner or Operator .
 

 AGREEMENT BY OWNER OR OPERATOR
 I hereby certify that the violations cited in the Notice of Violation have been corrected, and agree to the terms of the Settlement Agreement described above.

   	Date:/1/	//1
                                
  (Signature of Owner and/or Operator}

 If this Compliance Order/Settlement Agreement is not signed by	 	
 the owner or operator and by DOH, DOH reserves the right to: (1)	(Print Name}
 issue a Notice of Violation for any or all of the violations described
 in the Notice of Violation section of this field citation, and (2) order	 	
 the payment of a penalty higher than the amount(s) indicated as	(Print Title}
  settlement amount(s) in the Notice of Violation section./1The
 penalty amounts set forth in the Notice of Violation section are	 	

 lower than the penalties ordinarily issued in a Notice of Violation because they are amounts adjusted for expedited settlement.

  Final approval of the Settlement Agreement is in the sole discretion
  (Print Mailing Address of Person Signing Agreement}

 FINAL APPROVAL BY DOH:
  of DOH./1Upon final approval by DOH, a copy of the approved	 	Date:/1/	/Settlement Agreement will be returned to you, and DOH will take no further action against you for the violations cited in the Notice
  (Signature}
  of Violation section. If you have any questions, you may contact	 	

  the DOH UST Section at (BOS) 586-4 226 .
  (Title}
                                         





























































                      APPENDIX 13-C 
                      CITATION WITHDRAWAL LETTER
             

















                                     
                                     
                                     
                                     
                                     
                                     
                                     
                                     
                                     Date	Reference No.



 Mr. Joe Owner Joe's Gas Station Street Address Honolulu, HI 96800

 Dear Mr. Owner:

             Subject: Joe's Gas Station
                     Facility I.D. 	/Field Citation No. 	_

 We are in receipt of your document dated 	. Based on the documentation we affirm the following:

 We concur with your certification that [list the violation] has been corrected and
       find your facility in compliance with HAR 11-64-	_

  We concur with your certification that [list the violation] has been corrected and
       find your facility in compliance with HAR 11-64- 		_

 Field Citation No. ----is hereby withdrawn.
 The withdrawn citation is enclosed. Should you have any questions regarding this letter, please contact 	 of our Underground Storage Tank Section at (808) 586-4226.

                                                    Sincerely,



                                     STEVEN Y.K. CHANG, P.E., CHIEF
                                     Solid & Hazardous Waste Branch

 SYKC:

  Enclosure
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                           SECTION 14

                            ADDITIONAL CONSIDERATIONS FOR INSPECTORS

  14.1        General Discussion
 This section discusses additional aspects inspectors must be aware of. These include:

              Confidential Business Information

        Public Review of Records

        Ethical Considerations and Conflicts of Interest

        Departmental Review of Facility Records

              Citizen Complaints, and

        Data Collection/Maintenance.

  14.2         Confidential Business Information
 Inspectors regularly gain access to and collect information from companies that would ordinarily be off-limits to others. The companies often request the inspector and the Department keep this information confidential. This request conflicts with the general rule that all reports and information gathered during a UST inspection or enforcement action are available for public review (Hawaii Underground Storage Tank Act, Section 7C).

 During a compliance inspection, an inspector may encounter several types of confidential information. As the gasoline retail business is a highly competitive one, station O/O will want confidentiality for inventory records, profit/loss statements, delivery receipts, sales and price information which could be used against them by their competitors. While it is unlikely, during an inspection, an inspector could receive information on secret blends or additives used by a gasoline company, information that is considered a trade secret. Additionally, companies may want the Department to keep confidential information collected by consultants, or reports which document or detail contamination from a facility. In general, this information is not entitled to protection.

 Staff must inform an O/O of his right to claim confidentiality for information requested by the Department. The inspector can discuss this matter during the Opening Conference or as the inspector collects any documents from the on-site representative. The inspector should explain to the on-site representative in her opening conference what confidential business information is, and what the on-site representative rights to claim it are. 

 State and federal law requires the Department to protect certain types of confidential business information, if the company so requests. The type of information that qualifies for protection is any process, formulation, trade secret, operation, style of work, amount or source of any income, profits losses or expenditures, sales or production data that could hurt a company's competitive position if it became publicly known. (See 42 USC 6991d(b), which is Section 9005(b) of RCRA Subtitle I, and 18 USC Section 1905). Likewise, Section 7 of Hawaii's UST statute states that in general all "records, reports or information" obtained in the course of an UST inspection or investigation "shall be available to the public," with an exception for "commercial or financial information entitled to protection under state or federal law." Section 7 of Hawaii's statute and the federal laws require that the person requesting confidentiality make a sufficient showing supporting the request. The requester must show that the information fits into one of the protected categories and that it would harm the requester's competitive position if the information were released. The confidentiality request must be made in writing. Once received, an inspector should rule on the request within two weeks, and should respond in writing whether the request is approved or denied.

 Keeping information confidential can be difficult, given staff numbers and turnover. All confidential information should be separated from the regular file, kept in a different file and clearly marked "Confidential Information: Do Not Disclose or Release." Never mark or calculate on confidential material or it could be considered evidence later. Inspectors should not collect confidential information unless it is really critical for inspection and enforcement activities; the additional security measures required and the potential risk of accidental disclosure argue against collection of this material. Staff should note that the federal law carries severe penalties for release or disclosure of confidential documents (a fine of not more than $1,000, imprisonment of not more than one year, or both, and removal from office or employment) (18 USC Section 1905).

 Even if the Department decides to keep information confidential, the material may nonetheless be disclosed to Hawaii or US Environmental Protection Agency employees or representatives who are carrying out the requirements of Subtitle I of the Resource Conservation and Recovery Act (42 USC Section 6991b et seq) or of the Hawaii laws on underground storage tanks. In general, this means that inspectors may be asked to turn over confidential material to other state and federal officials preparing an enforcement action against an owner and/or operator. Before turning over confidential material, inspectors must request and receive for their file a written request from the other official documenting what agency the official is from, why he/she wants the confidential material, and what official purpose the release will serve.

  14.3       Public Review of Records
 State agencies collect huge numbers of documents in their files, many of which are extremely interesting and useful to the public (both regulated industry and affected individuals). A public records request can come up at any time before, during or after an inspection. In order to balance the individual's constitutional right to privacy with the public's right to know, the Hawaii legislature passed the Uniform Information Practices Act, effective July 1, 1989, (Chapter 92F, HRS). This section will teach inspectors about the Act and its requirements, including what public records are, which of them the public is entitled to see, and the proper procedures for requesting review of public documents.

 The Uniform Information Practices Act defines a government record as any "information maintained by an agency in written, auditory, visual, electronic, or other physical form." (Chapter 92F-3, HRS). Therefore, government records include written and digital documents, maps, tape recordings, films, video tapes, microfiche and information stored in computers. The general rule of the Uniform Information Practices Act is that all government records are available for public review, unless access is restricted or closed by law. The Act requires disclosure of the following (and other) documents:

        Agency rules of procedure and statements of general policy

        Minutes of all agency meetings required by law to be public

        Results of environmental tests

        Consultant contracts

        Water service consumption data, and

        Records required to be disclosed by federal law or Hawaii state statute.

 Any public requests for the above information must be honored.

 Exceptions to the general rule, thus documents not required by the Uniform Information Practices Act to be disclosed include:

              Records that would constitute a clearly unwarranted invasion of personal privacy. This determination requires a balancing test: if the privacy right of the individual outweighs the public interest in disclosure, then a clearly unwarranted invasion of person privacy is present and disclosure of the government record is not required by the Act. Examples of documents in which an individual has a significant privacy interest include: medical, psychiatric or psychological history such as diagnosis, condition, treatment or evaluation, and information describing a person's finances.

              Records that are protected from disclosure by state or federal law or protected by judicial rule. (See Section 14.2 on confidential business information, which is a type of document that may be protected from disclosure by state or federal law.)

              Records that must be confidential in order for government to avoid the frustration of a legitimate government function. Examples of this type of records include records or information compiled for law enforcement purposes, such as field notes collected during an inspection.

 When inspectors receive a request for release of government records, they provide the requester with a copy of a Departmental Request for Public Record Form. The form includes instructions on how to fill it out, where to send it and what the charges to the requester will be.

 If an inspector must review a file for a government record request, note that the government is not required to withhold everything that it could withhold. The first list above contains items that must be released; obviously inspectors have no discretion about releasing any file items on this list. However, the second list above refers only to records which may be withheld. Whether an inspector decides to withhold one of these documents will depend on what the document is, who is requesting it and why, and whether the document could be harmful to the government or a government enforcement case. Inspectors must consult with a supervisor if they have any questions about whether to release a document.

 Inspectors should provide to the requestor a list of all documents they do not release, with a brief explanation of the justification for withholding it. This information can be provided in the form of a letter and must contain identifying language for each document. An example of this is: "Inventory records for the period from December 1, 1977 through December 31, 1979 withheld as protected by state and federal law as confidential business information".

 Note that the Uniform Information Practices Act does not require inspectors to compile or summarize records if the requested information is not readily retrievable. The law only demands that inspectors collect and turn over documents, not that inspectors analyze or work with them in any specific way. For example, if a station owner asks for a list of all other stations on his island which had violations of monitoring well construction requirements, inspectors need not create such a list. If such a list already exists, inspectors may have to turn it over (if it does not fit one of the exception categories). However, if no such list exists, inspectors only must turn over to the station owner the files of stations on the island, and let him/her determine which, if any, of these stations had a violation of the type he/she is interested in. The Act authorizes the Department to charge for this searching, reviewing and segregating of government records.

 An individual who has requested government records and who is denied access to them, can appeal the denial to the Office of Information Practices, an agency created by the Uniform Information Practices Act. The Office of Information Practices, located administratively within the Hawaii Department of the Attorney General, serves both government agencies and the public. The main purposes of the Office are first, to provide advisory opinions about the Act to the public and to government agencies, and second, to mediate any disputes and appeals over access to government records.

  14.4       Ethical Considerations and Conflict of Interest
 Integrity and professional impartiality are critical to an effective enforcement scheme which emphasizes voluntary compliance, such as Hawaii's UST program. Unless the regulated community respects UST inspectors, maximum voluntary compliance will not be achieved, and many inspections will be challenged. Not only must the inspector be impartial, she must appear impartial, both to the regulated community and to the public. Inspectors must always keep in mind that an inspection could well lead to an enforcement action, or to requiring an O/O to spend a lot of money to comply with regulations. Therefore, inspectors' actions may in the future be scrutinized and must stand up to a detailed ethical inquiry.

 Inspectors must follow a standard of conduct which will increase their credibility, and which reflects well on the Department and its employees. Inspectors must never use their public position for private gain or for what could be perceived as private gain. For example, inspectors must never recommend to an on-site representative a contractor known to them or a family member, or with any personal or family gainful financial tie. Instead, if requested, inspectors must give the O/O a copy of the standard Departmental list of technical firms that could aid in complying with UST requirements. Inspectors must make clear to the O/O that neither they nor the Department are recommending these firms, but that inspectors are merely providing this information for their convenience.

 State employees are prohibited from using any state time, equipment or other facilities for private purposes. For example, inspectors must resist the temptation to drop off dry-cleaning in a state vehicle on the way to performing an inspection. Such activity not only presents a bad image to the public, but it also violates the State Ethics Code (Chapter 84, Standards of Conduct).

 Inspectors must never give preferential treatment without a valid reason recognized in the regulations. Inspectors must not agree to return to a facility to the facility's convenience, or to allow the facility to correct a "minor" problem without being cited for it. The requirement to cite all observed violations sends a clear message about the seriousness of Departmental enforcement policy and will greatly encourage voluntary compliance.

 At all times, inspectors should follow Departmental protocol and the procedures in this Manual. Deviating from regular procedures can later render an inspector's action or decision unenforceable and will undermine the credibility and consistency of the Department and its inspectors. Similarly, inspectors must not take any action which could adversely affect public confidence in the Department or the State of Hawaii, such as being convicted of a crime involving moral standards or lying. Besides compromising an inspector's and the Department's credibility, such actions could be grounds for demotion or dismissal.

 Hawaii's State Ethics Code prohibits any employee from taking any official action directly affecting:

 A business or other undertaking in which an employee has a substantial financial interest; or

              A private undertaking in which an employee is engaged as legal counsel, advisor, consultant, representative, or other agency capacity.

 Section 84-14, Standards of Conduct states that a "financial interest" is broadly defined to include any interest held by an individual, the individual's spouse or dependent children which is:

              An ownership interest in a business

              A creditor interest in an insolvent business

              An employment, or prospective employment for which negotiations have begun

        An ownership interest in real or personal property

        A loan or other debtor interest, or

              A directorship or officership in a business.

 Section 84-3, Standards of Conduct states that an inspector cannot inspect any facility in which an inspector has a financial interest of the type described above. Instead, an inspector must disqualify herself from any regulatory work involving the financial interest; bring it to the UST Section Supervisor's attention,, who must assign another inspector to carry out the facility inspection.

 Likewise, employees may not accept any gift under circumstances in which it can reasonably be inferred that the gift is intended to influence performance of official duties or is intended as a reward for any official action. A gift is broadly defined by the State Ethics Code as any money, service, loan, travel, entertainment, hospitality, thing, promise or any other form (Section 84-11, Standards of Conduct). Of course, employees may accept gifts of small items, such as inexpensive candy or fruit, if they can be shared by the entire office. Note that this is not a blanket prohibition of all gifts; whether the gift constitutes a violation of the ethics requirements is dependent on whether the circumstances indicate the gift was to influence the performance of official duties. The State Ethics Commission reviews potential violations of the gift prohibition in light of the following factors:

              The official duties of the recipient-employee and whether they include official action directly affecting the donor

        The business relationship between the recipient and the donor

              The existence of past, present, or possible future applications or contracts between the donor and the State, including whether an application affecting the donor is pending, and whether the contract was procured through a public process

 The size of the gift

              Whether the gift relates to the recipient employee's job and thus benefits the State in general, or whether the recipient employee instead receives a personal benefit

        Whether the receipt of the gift discredits the Department's integrity

        The benefit the donor may receive from giving the gift, and

        The custom and practice in the community about the giving of gifts.

 Food and lunches are the "gifts" most frequently offered to inspectors by O/Os,  contractors and consultants. In general, inspectors should not accept lunches, favors and gifts under circumstances which could be construed as affecting their judgment or influencing their performance of official duties. If possible, inspectors should eat before they perform an inspection. Inspectors may accept food and refreshments of nominal value in the ordinary course of a luncheon, dinner meeting or conference, although inspectors should always offer to pay for the meal or refreshment.

 Similarly, employees are discouraged from soliciting gifts from private industries and organizations, such as contributions for employee holiday parties. The State Ethics Commission has approved some solicitations in limited circumstances. The questions the Commission studies in its analysis of solicitation are:

        Does the employee stand to gain a personal benefit from the gift?

              Was only one member of an industry solicited (as opposed to all members) by the employee?

              Does the employee's department presently have before it, or has the department had before it, an application or request affecting the potential donor of the gift?

        Does the donor stand to gain a benefit from giving the gift?

        Does the gift benefit the state in general?

        Does the gift help the employee's state responsibilities?

 If the answers to the first four questions are "yes" and to the last two questions are "no," then the solicitation will most likely violate the ethics code.

 A common ethical question for inspectors arises regarding inspection data and documents. All data and information inspectors collect during an inspection is for official use only. Anyone wanting access to any of this information and data must request it in writing following the usual Department procedures described in Section 14.3. An inspector should never volunteer or agree to turn over information to anyone without following these procedures. (One exception to this rule is, of course, information that the requester is entitled by regulation or policy to receive, such as the O/O receiving a copy of their respective inspection report.) Should an inspector improperly disclose confidential material, such an inspector would be in violation of the State Ethics Code, and subject to disciplinary action.

 Another ethical question arises when private industry or organizations offer complimentary travel or lodgings to state employees. Like the issues discussed above, receipt of these offers is acceptable under certain conditions, subject to approval of the State Ethics Commission. Again, the surrounding circumstances will be reviewed to determine if there is any reasonable inference of influence behind the offer. Restrictions for accepting complimentary travel or lodgings are as follows:

        An employee may not extend a complimentary trip for a personal vacation

              Employees may not accept complimentary lodgings from private business unless necessary

              Employees may not accept meals or favors from private industry or small groups in a non-conference situation

              Employees may not accept entertainment offers unless they are directly related to employees' work, and

              Employees may accept "moderate" (ordinary and inexpensive) hospitality only if offered generally to the entire group.

 In general, inspectors can avoid ethical problems and questions by thoroughly preparing for their inspections and being ready to provide their own food, vehicles, equipment, and lodgings. This Manual has raised and discussed some of the ethical problems likely to arise during UST inspections, but it cannot cover them all. When in doubt, inspectors must not do anything that is ethically questionable. Instead, inspectors must wait and consult with their supervisor -- it may save inspectors time and trouble in the long run. Additionally, employees can contact the State Ethics Commission about ethical questions. Inspectors may request assistance from the Commission by phone, by requesting an advisory opinion, or by bringing forward a complaint. Adhering to the ethics code and always appearing professional and fair, inspectors can improve both the Department's reputation and the quality of UST inspections.

  14.5       Departmental Review of Facility Records
 Besides the submittal of documents relating to inspection, State regulations require O/O to submit additional documents, including:

 Completion of the Notification for Underground Storage Tanks" form, and the applicable permit applications

 Reports of all releases including suspected and confirmed releases, spills and overfills

 Release response actions planned or taken including immediate response action

 Notification requirements before permanent closure or change-in-service of an UST or tank system

 A revised written notification form, application for variances, or submittal of a written notice must be submitted by O/O permanently closing or changing the service of an UST or tank system, and
       
 An application for a variance may be submitted for those provisions of the State statutes and rules, relating to UST's, that are more stringent than the federal law and regulations. 

   14.5.1       Permit Applications
 O/O must apply for a permit before installing and operating an UST or tank system. The Department director can issue a permit for a term of 5 years §11-280.1-325(a). O/O must also adhere to the deadlines and requirements pertaining to a permitted installation per §11-280.1-325. 
 
 For example, the permit to install is good for one year. If the installation is not completed within 1 year, the permit expires and the O/O must apply for a new permit. The O/O must inform the Department at least 7 days prior to performing the actual installation. The information must include the permit number, name and address of the UST or tank system, the contact person the contact person's phone number, and date and time of actual installation.  
 The O/O must notify the department within 30 days after the installation of the UST or tank system. The notification must be submitted on the "Certification of Underground Storage Tank Installation" form prescribed by the Director. If information submitted on the "Application for an Underground Storage Tank Permit" form has changed since the original application, the section of the certification form entitled "Changes to Original Installations Plans" must be completed and submitted. The certification of installation must certify compliance with the requirements of §11-280.1-325(d).
 
 An application must be approved or rejected by the director within 180 days of receipt of a complete application. 
 
 The Department, where practicable and appropriate, may issue one permit to the O/O of an UST system for the purpose of combining all USTs, piping, and any ancillary equipment constituting that UST system under one permit, irrespective of the number of individual USTs, son long as that UST system is part of one reasonably contiguous physical location. 
 
  The Department director need not act upon nor consider any incomplete application for a  
  permit. An application is only deemed complete when it adheres to the requirements of 
  §11-280.1-327.  

  UST inspectors may be assigned to inspect UST system installations to clarify   
  information submitted or if additional investigation is needed.
 
 An application for a renewal shall be received by the Department at least 180 days prior to the expiration of the existing permit and shall be submitted on the "Application for Renewal of an Underground Storage Tank Permit" form, prescribed by the director, accompanied by a fee §11-280.1-326.
  
  The Department Director may impose conditions on a permit that the Director deems 
  reasonably necessary to ensure compliance with UST rules and any other relevant state 
  requirement, including conditions relating to equipment, work practice, or operation. 
  Conditions may include, not are not limited to, the requirement that devices for 
  measurement or monitoring of regulated substances be installed and maintained and 
  the results reported to the Director, all costs and expenses to be borne by the applicant     
  §11-280.1-328. 

  14.5.1.2      Modification of Permit and Notice of Changes
  The Department Director may modify a permit if there is a change that requires a modification to 
  an existing permit §11-280.1-329. Changes requiring a permit modification shall include but not    
  limited to: 

 The addition or removal of an UST from an UST system
 Any change to or modification of an UST or UST system which would otherwise place the existing UST or UST system out of compliance with HAR 11.280.1 or an existing permit. 
       
   An application for modification of a permit shall be made in writing to the Department and must  
   be accompanied with sufficient information on the planned renovation or modification to the UST 
   or tank system to assist the Director in making a determination as to whether the application for 
   modification should be denied or granted.   

 Applications for a permit modification must be received by the Department no later than 60 days prior to the occurrence of the event that prompted the application.
 
 Applications for change-in-service must be received by the Department at least 30 days before the O/O begins the change-in-service. 
 
 Applications must be submitted on the "Application for a Underground Storage Tank Permit" from prescribed by the Director. 
 
 O/Os must submit a permit application to add USTs or tank systems to an existing permit. If the Director approves the addition, the existing permit must be terminated, and a new permit must be issued which covers the additional USTs as well as the already-permitted USTs. The term of the new permit shall be for the remaining term of the original permit. 

  14.5.1.3      Change in Owner or Operator for a Permit [§11-280.1-331]
 No permit to install, own, or operate an UST or tank system is transferable unless approved by the Department. Request for approval to transfer a permit from one owner to another owner must be made by the new owner. Request for approval to transfer a permit from one operator to another operator must be made by the owner.

 The transferred permit will be effective for the remaining life of the original permit. An application for the transfer must be received by the Department at least 30 days prior to the proposed effective date of the transfer and must be submitted on the "Application for Transfer of Underground Storage Tank Permit" form prescribed by the director.
 
 15.5.2    Variance Applications
 Provisions of chapter 342L, Hawaii Revised Statutes, and in this chapter relating to USTs or tank systems which are more stringent than Title 40, part 280 of the Code of Federal Regulations, published by the Office of the Federal Register, as amended as of July 1, 2017, may be varied by the director in accordance with sections 342L-5 and 342L-6, Hawaii Revised Statutes, and this chapter. No variance may be less stringent than the federal requirements.

 An application for a variance must be submitted to the Department on the "Application for an Underground Storage Tank Variance" form prescribed by the Director, accompanied with a fee in accordance with §11-280.1-35.
 
 No variance may be less stringent than the federal requirements [§11-280.1-332]. 
 
 Application forms are those presented in Appendix VI and must be titled "Application for an Underground Storage Tank Variance".  
 
 Every application must be signed by the O/O, and the signature must be by one of the following:

 In case of a corporation, by a principal executive officer of at least the level of vice president, or a duly authorized representative if that representative is responsible for the overall operation of the UST or tank system 
            
 In the case of a partnership, by a general partner 

 In the case of a sole proprietorship, by the proprietor, or 
 In the case of a county, state, or federal entity, by a principal executive officer, ranking elected official, or other duly authorized employee.
 
 The Director will approve, approve with conditions, or deny a complete application for a variance or variance renewal or modification for a variance or variance renewal or modification as required under this chapter and sections 342L-5 and 342L-6, Hawaii Revised Statutes. The Director will notify the applicant of the Director's decision, within 180 days of receipt of a complete application. Otherwise, a complete application is deemed approved on the 180[th] day after it is received by the Department.   
 
 Variances, including application records, must be maintained at the location of the UST or tank system for which the permit was issued and must be made available for inspection upon request of any duly authorized representative of the Department. No person shall willfully deface, alter, forge, counterfeit, or falsify any permit or variance §11-280.1-334. 

  The director may issue a variance for a period not to exceed five years. The variance may be renewed for a period not to exceed five years. The variance may be notified. The director may conduct a public hearing for an application to issue, renew, or modify the variance. 
  An application for a variance is subject to public participation including a public notice and a public comment period of at least 30 days. It may include a public hearing. The public notice will be circulated in the geographical area of the facility. Circulation will include publication in local newspapers or periodicals; or, if appropriate, in a daily newspaper of general circulation. The notice shall be mailed to anyone upon request and to those on a mailing list. The public notice shall contain: 
  
 Name, address, and telephone number of the Department UST office; 
         
 Name and address of each applicant including landowner, facility owner, UST or tank system owner, facility operator, and UST tank system operator; 

 Brief description of all applicant activities or operations that result in the activity described in the variance application;
 
 Short description of the location of each UST or tank system;

 Brief description of the procedures for the formulation of final determinations, including the public comment period, and 

 Address and phone number of the Department UST office and other locations at which interested parties may obtain further information and inspect a copy of the variance application and supporting related documents. 

  Every applicant for a permit or a variance, or applicant for modification or renewal of a permit     
  or variance, or applicant for modification or renewal of a permit or variance, or applicant for a 
  transfer of a permit, must pay the applicable fees as set forth below:    

  
                              Type of application
                                    Permit
                                   Variance
                        Permit or variance application

$300

$400
                             Application to modify

$200

$300
                            Application for renewal

$100

$200
                           Application for transfer

$50

NA

		
     Procedures to Request Information
 Under the authority of the Hawaii Revised Statutes Chapter 342L Section 342L-7, any O/O of an UST or tank system and any person involved in release response actions from the USTs or tank systems, shall provide information relating to tank equipment and contents and any release response actions; and conduct monitoring or testing upon the request from the Department.

 Departmental Requests Over the Phone. These include technical and non-technical information, clarification and discussion of documents received, interpretation of regulations and explanation of fees or permits. These telephone conversations are documented (See Communication log - Appendix 15-A) and filed in the appropriate facility file. If several facilities are discussed during the telephone conversation, copies of the communication and documents, if applicable, shall be made and filed in each facility file.

 For example, before performing an operation inspection, the inspector would call the O/O of the facility to set an inspection time and request that records be made available for the inspection. Following the telephone call, the inspector will then submit a letter to the O/O confirming the date of the inspection and documenting that request for the records. (See Appendix 15-B). A copy of this letter is placed in the facility file.

 Requests Made by Inspector During Inspection or Through Personal Contact in the Office. These requests may include closure or release report, release detection maintenance and operation, delivery receipts, testing results, financial assurance documentation, and other necessary information. If additional information is required during an inspection, O/Os are asked to provide the information through mail, in person, fax or e-mail. These requests are documented on the inspection checklist or in Summary of Meeting form (Appendix 15-C).

 Requests which Require Documentation and Tracking are Made in Writing.
 These would include requesting the submittal of certain reports or actions; notices on non-compliance; notices of incomplete permit applications or notification forms; and deficient tank closure plans or closure notices. These letters are initiated by the inspector and signed by the chief of the SHWB. In cases where the correspondences would commit the Department or has legal implications, the Division Chief of the Environmental Management Division or the Deputy Director of Environmental Health would sign the letter. Upon the discretion of the inspector, the letters may be sent by certified mail. 

 As discussed earlier, the Department has several permitting type requirements. Methods used to request information for these permits follow the same procedures as previously described.

 Additional guidance such as the HEER TGM and policies was developed to help the regulated community, consultants, and the contractors to generate information needed in reports available on the UST website.

  14.5.4      Procedures to Receive Information
 The UST Section receives information from many sources which include: UST O/Os, responsible parties for the LUST sites, contractors, consultants, suppliers, attorneys, laboratories, local health and fire departments, the interested public, lending institutions, insurance companies, other state and federal agencies. This information is received by personal contact in the office or during inspections, phone, mail, FAX or e­ mail. The types of documents received includes, but not limited to, notification forms, confirmed release forms, intent to close USTs, request for public records, closure reports, release response reports, letters relating to a specific facility, letters requesting that specific actions be taken or information, or surveys.

  14.5.4.1     Received in Person
 These types of documents include, but are not limited to, closure reports, release response reports, information requested by staff, or notification forms. The documents are received by staff and given to the clerical to track. Clerical staff will use the same procedures as discussed in the mail procedures to log and track this incoming mail.

  14.5.4.2      Telephone Calls
 Individuals can report a release or spill of substances regulated under RCRA, CERCLA or the HRS on an emergency response hotline 24 hours a day. This telephone number is (808) 247-2191. The Department's - HEER Office will take the lead in following up on the release or the spill incident. If the release or spill incident is from a regulated UST and once the emergency incident is no longer a threat to human health and the environment, the incident will be transferred to the SHWB - LUST Section for further follow-up.

 During working hours, 7:45 to 4:30 Monday - Friday, telephone calls relating to a confirmed or suspected UST release or spill from an UST are received by the SHWB. Releases from UST are designated as high priority issues. Any member of the UST Section may receive the telephone call. Generally, the clerical staff will determine the nature of the telephone call and forward the call to the appropriate Section. Information reported as a release is recorded on the "Standard Interview Form - UST Confirmed/Suspected Release" form (available on the Q drive) and handled according to the LUST protocol for confirmed/suspected release and spill. Any inspector can take and record these calls when the supervisor is not present. These calls are designated as high priority issues.

  Complaints are handled by the staff who received the telephone call. It is not referred to another office. All complaints even those that does not involve USTs are to be handled by the staff that receives the call. The Section supervisor needs to be informed of the complaint. These calls are designated as high priority.

  Questions regarding LUST sites are forwarded to the Project Officer assigned to the facility. If the Project Officer is not known, the call should be referred to the LUST Team Leader.

  Generally, telephone calls are forwarded from clerical to the requested individual. If the individual is not available clerical records the caller's name, company name and phone number and the date and time of the call. The message is placed into a receptacle for staff members to receive. If the telephone call is in reference to a facility, staff members are to note the discussion of the call on the Communication Log and file this log in the appropriate facility file. If more than one facility is discussed during the telephone call, a copy of the Communication Log is filed in each facility files. Inspectors should also maintain their personal telephone log.

    14.5.4.3      Mail
  The SHWB receive mail each day from mail carriers and messengers twice a day. Envelopes are opened by the clerical. Each piece of mail is stamped with the date stamp. The clerical maintains a daily computerized log of incoming mail. Each entry into the log includes the date received, source, date of the document and where the item was routed. The mail is distributed to each Section, then to specific individuals. Mail that requires the Supervisor's or Manager's attention is routed to them prior to the specific individuals.

  Payments of fees are stamped with the date stamp and processed by a designated staff. The fees are placed into a locked drawer.

  Certified mail and packages are received and tracked though the same procedures. The clerical signs for the mail or package. High priority items are targeted and distributed immediately.

     14.5.4.4      FAX
   Information is also received any hour of any day by FAX. Due to the routing procedures, staff may not receive their FAX until a few days later. In order to facilitate the speed in which staff would get their copy, staff is to check the FAX letter tray and xerox a copy of the FAX. The original FAX is given to clerical. Clerical tracks this fax through the same procedures as the mail procedures. Documents requiring a signature should be followed up with a hardcopy in the mail. 

     14.5.4.5      E-mail     [What is actual protocol now?]
   A copy of the E-mail received should be placed in the appropriate facility file. Responses by staff, if any, should be documented.	Again, if the e-mail refers to several facilities, copies of the e-mail should be made and filed in the respective facility files. Documents requiring a signature should be followed up with a hardcopy in the mail. 

   14.5.5     Procedures to Evaluate Information
   The SHWB receives numerous letters and reports relating to releases or compliance. Thus, the next task is to evaluate the information that the section receives. Checklists and protocols are developed to assist UST and LUST staff in evaluating information. The protocols and checklists serve to maintain consistency in the evaluation methods. Protocols are developed as issues are clarified. In addition, staff meetings are held regularly to evaluate issues.

   The evaluation of the information on the notification and permit forms is completed by review of the document. This is performed by the UST Team Leader or by the inspector requesting the notification form. Making sure that information submitted on the notification form such as owner and/or operator address, number of tanks, age, type and size match the information previously submitted. Also verify that the owner has indicated a form of financial assurance. Information from the notification form is used to update USTRAC.

   Special assignments or cases are assigned to UST or LUST inspectors. These assignments may be changed or rotated around as the work load varies or people are assigned different program responsibilities. Each staff member has special assignments or special functions to perform. These assignments include Request for Public Records, review of clean closure reports, permit tracking and payment, and inspection oversight.

   Information submitted in response to inspections are evaluated by the UST inspector. When all the information has been submitted, the UST inspector will send out a letter, with the Branch Chief's signature, indicating that the facility is in compliance 

   In addition to conducting inspections, UST inspectors would follow-up on UST or compliance issues. These would be divided among the three Environmental Health Specialists (EHS) and the Public Participation Coordinator (PPC).

   LUST sites are divided among three EHS, an engineer and a geologist. As new releases are reported, staff are to log the release on the Release Notification Log (Available at Q: UST: personal: suspectedreleasefolder). Once the release is logged, the site is immediately assigned to a Project Officer (PO). The PO will generate the standard release guidance letter.

   Information from LUST sites is reviewed and approved by the assigned LUST project officer who must determine if the site is sufficiently characterized. The PO would submit, then send a response letter. Clean closure reports are reviewed by the UST staff to determine if the site is sufficiently characterized. If the report indicated a release has occurred, the facility would be logged as a release. The UST staff would then must inform the O/O that release response action according to §11-280.1 subchapter 6.

   14.5.6     Procedures to Investigate Information
   
   Information which may require investigation include information submitted on notification forms, permit applications, UST closures, non-notifiers, returned or undeliverable mail and forms, permit applications, UST closures, returned or undeliverable mail and information submitted to resolve compliance issues. Investigations may include checking city records or performing on-site inspections or calling involved parties, property owners, consultants or contractors.

   Investigation of complaints are handled by the inspector who received the telephone call. The inspector needs to determine if site visits are warranted for the complaint. It is the responsibility of the inspector to keep the complainant informed of the status or results of the investigation.

   Release investigations are determined by the LUST PO (Refer to Section 2). Site inspections may require an access agreement and if the O/O are not cooperative a search warrant may be obtained.

   All pertinent information is filed in the facility file. If there is no facility file and USTs are involved, a new facility file is created, and information is entered into USTRAC. If USTs are not involved, a "Memos to File" is written. The "Memos to File" describes the complaint, summary and results of the investigation. This is filed in the administrative file cabinet under "Memos to File". The Section supervisor must be informed of such investigations.

     Procedures to Retain Information

    14.5.7.1    USTRAC
   UST owner, facility and tank Information is maintained in USTRAC. Information relating to LUST is also maintained in USTRAC. There are additional sections in USTRAC used to track permits and fees, compliance, and enforcement. 

   An electronic copy of the information must be filed in the facility or appropriate release file. This will serve as documentation of changes made in the database.

   Staff is responsible for filing the documents in the appropriate facility or release files.

     14.5.7.2     Facility and Release Files [ask Roxanne where the files are located]
   Each facility is assigned a unique facility identification number and each release is assigned a unique release identification number. The facility and release identification numbers are cross-referenced.

   The non-military facility paper files are filed in the UST/LUST section of the Hale Ola basement. 
   
   The respective release files are filed in the back of the same file mentioned above.

   Filing the military facility and release paper files are the same as the non-military paper files except that these files are located in a designated area of the Hale Ola basement. Military facility and release files are designated by an "M" sticker located on the outside of the paper files.
   All files are digitized, sorted and stored in the Q drive of the UST section. 

   The labels are color coded for each island. The color coding is as follows:
                   Oahu	yellow
                   Molokai	green
                   Lanai	orange
                   Maui	coral
                   Hawaii	red
                   Kauai	purple

      The format of the file label is as follows: Non-military facilities:

             Facility Address 						 Release ID NO. 
             Facility Name						 Facility ID NO.


   Military facilities (identified with the "M" label) will have the following information:

       Facility address (bldg. No.)	Tank No.				Release ID NO. 
       Facility Name 						Facility ID NO.

   Inspectors are responsible for filing the received documents in the appropriate facility or release file.

   There are situations when a facility has submitted many reports to our office that it would take up more than the designated space in the Hale Ola basement. In these instances, the facility and release files and reports are put into bankers boxes and placed in a designated area. When taking a file an outcard is placed in its place to indicate where the file can be found.

    14.5.7.2.1     Facility Files
   The facility file contains all information that is not related to a release. All pertinent documents are maintained in an according folder. This is designated by an earth red color folder and consists of 6 tabs. These tabs have the following information:

       tab 1		Maps & Diagrams 
       tab 2		Notification Forms
       tab 3		Correspondence sent by the Department
       tab 4		Correspondence received by the Department
       tab 5		Inspection Correspondence 
       tab 6		Responses to Inspections 

    There are cases where additional files are needed for reports. In these cases, accordion folders (earth red color) are used. The facility file folder would then be placed in front of the accordion folder not inserted into the accordion folder.  

    14.5.7.2.2        Release files
    The release files contain all information relating to that specific release identification number. These files are identified by a greenish-gray, two-part folder. The first part of the folder will consist of correspondences sent by the Department and the second part of the folder will consist of correspondence received by the Department.

    14.5.8     Procedures to Enforce Against Failure to Respond to Requests for      Information
    When the requested information is not received by our office within the specified time, inspectors must telephone the O/O to investigate the delay. The investigation must be documented on the "Communication Log" and filed in the appropriate facility or release file. If an extension was given, this information should also be documented in the "Communication Log".

    If there is no response from the second extended date, inspectors are be able to issue a fine of not more than $500 per day of denial, obstruction, hindrance or failure (HRS 342L-10 - Penalties). Any action taken to impose or collect the penalty provided in HRS 342L-10 shall be considered a civil action.

    14.6     Citizen Complaints
    The Department encourages the public to report suspected violations or releases. During meetings and hearings, and on the UST website the Department makes known the phone numbers that the public can call and email addresses of assigned inspectors within the UST section who can assist them. 
    
    The public is encouraged to ask questions about the UST program and UST rules, and to report suspected violations or releases. The public can contact the UST Section during working hours (7:45 a.m. - 4:30 p.m.) at (808) 586-4226. Emergencies can be reported during working hours to the HEER office at (808) 586-4249 and after working hours via the State Hospital at (808) 247-2191. The Department also uses its enforcement outreach (described in subsection 3.10 of the UST/LUST Enforcement Manual) to draw public attention to the UST program and thus stimulate public participation.

    When a complaint is received, the staff person who takes the call will fill out a SHWB complaint form (refer to Appendix 15-F for a copy of the form). The staff person will initially attempt to determine the nature of the call. If it appears to be an emergency, it will be handled through emergency procedures by the HEER Office with assistance from the UST Section. If it is a non-emergency, it will be handled by the UST Section.

    For non-emergencies, an inspector will complete further research on the complaint within 5 working days. She will first check the files to see what information is archived. If it is warranted, she will conduct a site visit or inspection. A visit to an Oahu site will be conducted as soon as feasible. A visit to a site on another island will be conducted during the next scheduled trip to the island. The inspector will also contact the facility O/O. This contact will occur during the site visit, through telephone conversations (documented with records of communication), or through a Request for Information letter. Once the inspector has enough information on the site, she will determine the situation (i.e. a violation or release has occurred or not) and what next steps to take to handle the situation.

    The inspector will then contact the complainant to inform them of the findings and will complete a record of communication documenting the call. If the complainant disagrees with the findings, the disagreement will be included in the record of communication. The complaint will then be filed in the facility file and will include the following:

 Complaint form
        Report of site visit
        Records of communication with complainant and with O/O

    If there is no facility file and the site warrants a file, a file is created. If there is no file and a file is not warranted, the complaint document will be kept in the complaint file maintained by the UST unit manager.

    14. 7	Data Collection/Maintenance
    USTRAC is a database used in the UST Section to manage Hawaii UST facility information.
         
        Experienced inspectors train new inspectors how to navigate USTRAC. The main task in 
        USTRAC is to update information in files assigned to each UST facility.   

        Below are is a set of broad descriptions to navigate USTRAC.

    The USTRAC FAQ (Frequently Asked Questions)

        MISCELLANEOUS

 A A	What are all these buttons on the Main Menu for?

  UST-Access's main menu shows five different buttons: "Facility Search", "Reports", "Contact Search", "Tickler Reminders" and "Exit".   

  Facility search: 
   .  


  Notification takes you to the Notification module, which is basically the same information that you find on the Notification for Underground Storage Tanks form which UST owners and operators have to fill out. You are started at the top level, which is the Owner form. From there, you can go to the Facility form, then to the Tank form.

  Compliance takes you to the Compliance & Enforcement module, which shows enforcement related activities. Primarily this is used to track inspections, although it will also be used to track other enforcement activities such as Notices of Violation (NOVOs).

  Fees takes you to the Fees module. Currently, we do not use this module; however, we will be using this module to track fees collected under the new UST permit system which goes into effect when HAR 11-281 is promulgated.

  LUST takes you to the LUST module, from the UST facility view of LUST sites. Like the Notification module, you are started at the Owner form. From there, you can go to the Facility form, then to the LUST Sites form.
 Sites also takes you to the LUST module, but puts you directly into the LUST Sites form. This is a convenient and quick way to go straight to a particular LUST site, but offers less flexibility when trying to search from a Facility standpoint.

 Contractors takes you to a list of contractors. This was originally designed only as a list of UST installation contractors, but ideally this could be used as a multi-purpose, consolidated list where we can track UST service providers of all types - installers, removers, testers, consultants, laboratories, etc.

 Inspectors is a list of Department staff, both current and former, who have worked on UST facilities or LUST sites.

 QBF stands for Query By Form. See EPA's UST-Access User's Guide for a more detailed discussion of this useful feature.

 Exit stands for Exit. Click this button to exit the UST-Access program.

 A A	How do I change my password?

 It's a good idea to periodically change your password. From the menu bar at the top of the screen, click on Security I Change Password. Type in your old password, then select a new password and enter it twice, to ensure that you haven't made a typing error. Note
 that passwords are case-sensitive; that is, upper-case and lower-case characters are considered to be different.

 A A	"Your version of UST-ACC.MDB is out of date" - what does that mean?

 When UST-Access starts up, it automatically compares your local copy of the program, which is running at your desktop PC, to the master copy of the program which is stored on the network's file server. If the master copy has been changed or updated in any way, this message will be displayed on your screen. What this usually means is that your system administrator (Eric) has made some sort of modification to the master copy of the program. Generally, if the change is a major one, the system administrator will personally go through the office and manually update everyone's local copies. However, if the change is fairly minor, the system administrator may wait until a convenient time to do these updates.
 This message can safely be considered just a minor to-do item, since if it was a major issue the system administrator would have come around to update your copy personally.

 AA	What does the "?" button mean?

 Throughout UST-Access, you will see gray buttons with a "?" symbol on them. This symbol denotes a search button. Clicking on a search button will bring up a dialog box with which you can search for the desired record. The type of search offered is context­ sensitive: the search button next to the Facility Name field allows you to search for a facility record, but the search button next to the LUST Site Name field allows you to search for release records. In some search dialog boxes, there is a button labeled Address Search - this feature allows you to search by street address, city, and county. See question 2.1 for details on using this feature.
 A'A	Facility/0 vs. A/tFacility/D, Event/D vs. AltEvent/D

 Due to various technical reasons, UST-Access does not use the terms "Facility ID" and "Release ID" the way we do in the real world of the Hawaii UST Section. In UST-Access, what we call the "Facility ID" is called AltFaci/ity/D, and what we call "Release ID" is called AltEvent/D.

 This can cause some confusion, since UST-Access does have a field called Facility/D which you would think is the "Facility ID". In many cases, the numbers even match up. One way to tell the difference between the two is that the state's official Facility ID has a hyphen in it, while the computer-based Facility/D does not.

  FINDING EXISTING INFORMATION

 How do I look up a facility?
 You can only search for facilities using the "Facility Search" module, using specific information such as facility name, facility address, or facility ID number. 
 
 Only data that inspectors can change is "financial responsibility", "insurance", "local government"

 When searching with a Facility Name or Street Address, you need not enter the full name or address. Entering a portion of the name, or of the address, will return all records which contain the text string which has been entered. For example, entering "Union" into Facility Name will return all facilities which contain "Union" in their name: Mike's Union Service, Union 76 Corporation, Hawaii Carpenters Union, etc. Entering "Kuhio" into Street Address will return 2341 Kuhio Ave, 1233 Kuhio Ave, etc. (Entering a partial name will also work: "Nav" will match Navy, Naval, NAVMAG, etc. "Kam" will match Kamehameha, Hickam, Waiakamilo, etc.). In other words, less is more: the less information you put in the search bar, the more records will return in your search, that contain the text string typed.

 If you wish to do an address search on every facility on a specific street, type an asterisk (*) at the end of the street name (in the Street Address field), then specify the city and/or county as described (for example, in Ala Moana* in Honolulu, Oahu). USTRAC gives you a list of all the UST facilities located on Ala Moana boulevard in Honolulu, Oahu). 

 Note that for military facilities, the Department's preferred format is to use the base name as the Facility Name, such as "Hickam Air Force Base", and to use the actual location, such as "Building 2045", as the Street Address. The quickest way to find a military UST, short of knowing the actual Facility ID number, is often to search on the Street Address field using the building number. If you know the name of the owner, but have no facility information, you can do a similar search at the "Contact Search" module, available from the main menu. You can search only by contact first name, contact last name, or the name of the organization. Type in the name and click enter. 	 
 
 It is recommendable to search by person name and last name. Once you track down the correct person, click on that person's name to be redirected. On the new window, click on the "View All" module to access all facilities associated with that person. Once you have access to this list, you can see on the right-hand side if the person is listed as a `tank owner', `operator', `responsible party', `inspection contact', and `LUST project officer'. 
 
 You can click on any sites on the list to access all information available on USTRAC. A dashboard appears on the left-hand side with options such as `Facility Info', `Tanks', `Compliance and Enforcement', `LUST Events', and other pertinent information. Each module gives you further detailed information.
 
 You cannot search by specific tanks or tank numbers because all tanks are numbered "1" through "7". Go to the tanks form of the tanks module 

 AA	How do I find out about tanks, releases, and inspections at a facility?

 Click on the "Tanks" module. You will get a chart where you can click "further" for details. There is also a "LUST" module where you can see a chart if that facility has been filed as a LUST site. 
  
 For example, you can first track down facility using the tips mentioned above. Once you track down a facility click on it and you will be directed to that facility and a Dashboard will appear on the left-hand side. Click on the "LUST" module to see if there have been any releases at this facility. 
 
 To find out about inspections done at a specific facility click on "Compliance and Enforcement" module to get a chart. You will be able to see all the inspections done at the site cataloged by date. 
 
 In general, a dashboard appears when you search for a site on USTRAC. The module selections on this Dashboard offer all information available on USTRAC for this tank such as tanks, releases, inspections, compliance and enforcement. You will be redirected to further information each time you click on one of the modules.
 
 AA     How do I navigate USTRAC safely?
 Press the "Return" button to navigate in-between pages within USTRAC. This is the only way to navigate without losing information you have typed.  Do not press the "Exit" button to navigate USTRAC because you will information you have typed in and will have to start over. 
 
 However, it is safest to native USTRAC by clicking on the modules you are interested in so you do not lose any information already typed in. 

                            ADDING NEW INFORMATION

 AA	How do I create a new owner record?

 Check with your supervisor to make sure you have permission to add a new owner record. First make sure the owner has not already been logged - search USTRAC to determine if a record for the owner already exists. Assuming that a new owner record is indeed needed, track down the facility in order to reach the dashboard. 
 
 At the bottom of the dashboard click on the "Edit Page", then click on the "Add New Affiliation" module that appears on the center of the page. Then click on "Facility Contacts", and add a new contact. Click on detail to input all the necessary information for this new contact (e.g. owner, operator or RP). You can also specify if the new contact is either the A or B operator, and if they are the designated operator. Also specify if their address is the same as the mailing or facility address. 
   
 Please keep in mind that, once you hit the save button, all updated information for that site is entered on USTRAC. If you feel you have made a mistake, ask your supervisor (or an inspector with permission to edit USTRAC) to make corrections or deletions.  
 
 AA	How do I create a new facility record?

 Check with your supervisor to make sure you have permission to add a new facility record. As of 2019 only the UST section supervisor can add new facility records. 

 AA	How do I create a new tank record?

 Check with the UST supervisor to make sure you have permission to add a new tank record. Make sure that the tank has not already been logged -- check the facility record to determine if a record for the tank already exists. 
 
 Go to the Tank module. Click "Edit Page". Then click on "Add New Tank". Assign the appropriate Tank ID in the respective field. This ID is the identifier that the UST owner and/or operator has provided for this UST on the paper Notification for Underground Storage Tanks form. The following prefixes are prepended to the Tank ID: "E­ " for exempt tanks (such as heating oil tanks), "F-" for field-constructed tanks; "M-" for emergency generator tanks; "R-" for retired; "H-" for hydraulic list tanks; "C-" for hazardous substance tanks. Complete the rest of the form as indicated.

  If you feel you have made a mistake, ask your supervisor (or an inspector with  
  permission to edit USTRAC) to make corrections or deletions.  
 
 AA	How do I log a UST inspection?

 First make sure that the inspection has not already been logged. Once you have the correct site, click on the `Compliance and Enforcement' module, which takes you to the compliance history for that site. On this screen click on the `Add New Event' module that appears on the upper right-hand side of the screen. At this module you have a drop-down menu to specify the type of event you want to add (e.g. closure inspections, tank removal inspections, tank closure inspections). This module takes you to a blank "Compliance and Event" form. Complete the rest of the form as indicated.

 AA	How do I log a Notice of Intent to Close a UST?

 Go to the tank module for that UST. If the tank (or the facility) is a non-notifier, follow the procedures for creating a new tank record (and facility record, if needed) first. Go to Section X of the tank form (Tanks Out of Use, or Change in Service), and fill in the two fields in the lower left corner of the section, Date Intent-to-Close Received and Date Closure Planned. Date Intent-to-Close Received should be the date on which we received the intent-to-close notice. Date Closure Planned should be the date indicated on the intent­ to-close notice. If no planned closure date is indicated, assume that the closure date will be 30 days after the intent-to-close notice date.

 AA	How do I log an actual UST closure?

 Go to the tank module for that UST. If the tank (or the facility) is a non-notifier, follow the procedures for creating a new tank record (and facility record, if needed) first. Then change the Tank Status to Temporarily Out of Use or Permanently Out of Use as applicable. Doing this will automatically move you to section X to enter details on the closure. Date Last Used is generally relevant for temporary closures only. Date Closure Revd. is actually supposed to be the same as Date Intent-to-Close Received but actually is not; don't fill it in. Date Closed is the actual date of the tank closure. The other fields are self-explanatory.

 AA	How do I log a suspected release?
 First make sure that the suspected release has not already been logged - go to the "Facility LUST Events" module to see if a LUST record exists for this facility. Be on the lookout for duplicate release reports! Assuming a new record is indeed needed, then click on the New button in the "Site Listing" subform. This puts you into a blank LUST Site Tracking module.

 Do not assign a Release ID. You write "suspect" instead.  (on the screen, this is the "Alt. ID" next to the Event ID). Release IDs are to be assigned only for confirmed releases.

 Enter the appropriate name and address information. In the Site Status History subform, enter a Suspected Release listing in the Status field and comment it appropriately. You must choose the type of status you want to log. Include the date and control ID for the Department letter sent.

 "A	How do I log a confirmed release?

 First make sure that the release has not already been logged - go to the "Facility LUST Events" module to see if a LUST record exists for this facility. Be on the lookout for duplicate release reports! Assuming a new record is indeed needed, then click on the New button in the "Site Listing" subform. This puts you into a blank LUST Site Tracking form.

 Assign a Release ID, per the listing originally made in the paper Release Notification Log, located near the UST section supervisor's desk (on the screen, this is the "Alt. ID" next to the Event ID). Enter the appropriate name and address information. In the Site Status History subform, enter a Confirmed Release listing in the Status field. In the Date field, enter the date on which the release was confirmed. In the Lead field, enter RP-Lead (unless this is a State-lead LUST Trust Fund site). In the Comment field, include the date and control ID for the Department letter that was sent.

 "A	How do I log a cleanup initiated? A cleanup completed?

 You enter whether the release is suspected or confirmed. There is also clean-up initiated in the dropdown menu. 
 
 Go to the appropriate LUST Site Tracking form and make a new entry in the Site Status History subform. In the Date field, enter the date on which the site status change

                        CHANGING EXISTING INFORMA T/ON

 "A	How do I change the status of a tank?

 Go to the appropriate Tank form and make the appropriate changes.

 "A	How do I change the ownership of a facility?

 Create a new Facility Contact. Then add the date of the old facility owner for end date of ownership. Go to "Facility Contacts", then click on "Details". Fill in the appropriate dates on the spaces provided.  
 

 AA	How/1do I update inspection information for a facility?

 Go to the "Compliance & Enforcement" module and go to the appropriate "Compliance Action form". Enter the appropriate information to update the status of each enforcement action.

 AA	How do I change the status of a LUST site?

 See the above item on "How do I log a cleanup initiated? A cleanup completed?".

 AA	How/1do I correct errors in the database?

 Several types of errors may come up in USTRAC (1) duplicate or unintentionally created records; (2) unintentionally deleted records or parts of records; and (3) typos, spelling errors, etc. Inspectors must request error corrections via email to the UST section supervisor. As of As of January 2019 this is the procedure until further notice.

       QUERIES AND REPORTS

 AA	How/1do I get a list of...?

 Generally, to get information out of a database, based on criteria you specify, means creating a query. In USTRAC a fairly easy-to-use feature has been built in, called Query By Form (QBF), to accomplish this task. From the main menu, click the QBF button, or alternatively, from most forms, click on Query I Query By Form from the menu bar at the top of the screen. See Chapter 7 of EPA's UST-Access User's Manual 
 for a detailed discussion of the UST-Access QBF feature.

 AA	How/1do I find out what queries have already been prepared?

 From the QBF screen, click on the Load button to view a list of saved queries which may be loaded for use. Note that if you save your own queries, they are saved on your copy of the UST-Access program, not the master copy. This means that your queries are only available for use on your machine. If you wish to make your query available for all to see and use, you need to have an Admin-level user take a copy of your query and place it in the master copy of UST-Access so that everyone else's copy of the program will be updated.

  AA	How/1do I find out what reports have already been prepared?

  In addition to the QBF queries, there are also several pre-prepared reports which are available through UST-Access. From the menu bar at the top of any screen in the four
 main modules, click on Reports I Open. A list of reports will be displayed. Among these are the UST/LUST Performance Measures report, the UST Facility Summary Sheet, and the LUST Site Status report.


























                                   APPENDIX 14-A

                   SOLID AND HAZARDOUS WASTE BRANCH COMMUNICATIONS LOG SHEET


 HAWAII DEPARTMENT OF HEALTH
 SOLID AND HAZARDOUS WASTE BRANCH UNDERGROUND STORAGE TANK SECTION



                          COMMUNICATIONS LOG SHEET

 Call to/from UST Section
 Date: -------
 Time: -------
  Section Staff: ---

 Person:			 Organization:		 Address:	 		


 Telephone:		 Subject:	 	


 Comments:	 	














































                    APPENDIX 14-B INSPECTION CONFIRMATION LETTER









                                                        DATE



 [Addressee Name] [Addressee Company] [Addressee Address] [Addressee City/State/ZIP]

 Dear [Addressee Name]:

 As discussed with [you or Conversation Name] on [Conversation Date], I will be inspecting your underground storage tanks (USTs) at [facility info], Facility ID 9-[XXXXXX} on the [morning or afternoon] of [Inspection Date].	The purpose of this inspection is to provide outreach and education, and to determine your understanding of and compliance with the federal UST regulations in 40 CFR 280.

 This inspection will focus on release detection requirements for your USTs. Please ensure that all applicable records documenting your compliance with these requirements are available on site at the time of the inspection, including (but not limited to):

 The last 12 months of results for the release detection methods used for your USTs.

 The last 12 months of maintenance records for your release detection equipment.

  All third-party performance claims for your release detection equipment.

  Results from the most recent tank and piping tightness tests, if applicable.

  Records of all repairs or upgrades to the tanks or piping, including follow-up testing.

  Evidence of financial responsibility (e.g., a copy of your UST insurance policy).


 Please ensure that someone knowledgeable about the release detection methods used for your USTs is present at the inspection. This person should be able to (1) demonstrate all release detection equipment used, and (2) provide access to such equipment. (For example, the person should be able to demonstrate the use of a gauging stick or automatic tank gauge, if applicable, and be able to remove fill pipe and monitoring equipment covers.)
 I look forward to meeting with you or your representative. Should you have any questions regarding this letter, please call me at (808) 586-4226.

                                           Sincerely,




                                           [Inspector's Name] Environmental Health Specialist
                                           Underground Storage Tank Section

 c:	Name, Company Name, City


























                        APPENDIX 15-C MEETING SUMMARY FORM
                                               MEETING SUMMARY


 DATE:			 LOCATION:				 SUBJECT:	 			

                                                 PARTICIPANTS

                NAME	REPRESENTING


 6./1	/1	
 7./1	/1	
 8./1	/1	
 9./1	/1	

 10./1		 	

                                TOPICS DISCUSSED


 1.




 2.



 3.



















                                   APPENDIX 14-F
                        SOLID AND HAZARDOUS WASTE BRANCH COMPLAINT FORM
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                                
                                                

                                SOLID AND HAZARDOUS WASTE BRANCH COMPLAINT FORM
                                                                  Date:--------
 Type of Complaint:--------------------------- Voi IationArea (address, if known):



 Name of Violator (if/1known):----------------------- Date/1of/1Violation:------------

 Complaint by:----------------Phone:----------
 Address:------------------------------
 Complaint:-----------------------------










 Received/1by:-------------
 Referred/1to:-----------
 Action:-------------------------------

