RUST stands for Replacing, Removing, or Upgrading Underground Storage Tanks.
The RUST program is a system of grants and loans to help small business owners and operators come into compliance with regulatory requirements for underground storage tanks (USTs). Compliance is achieved through removing, replacing or upgrading USTs. The program is administered by the State Water Resources Control Board.
The RUST Program is a great way for small businesses to protect their business and improve their bottom line. By removing or upgrading their USTs, businesses can reduce their risk of environmental liability and save money on maintenance and repairs.
Eligible costs for grants include:
Eligible costs for loans include those for grants and:
*Single-walled USTs have one wall between the petroleum fuel and the underground soil.
**Double-walled USTs have two walls between the fuel and the underground soil. The second wall provides extra containment that helps to prevent leaks from reaching the soil. It is a tank in a tank (piping in piping) system.
Independently owned and operated small businesses with petroleum USTs and fewer than 20 full-time and part-time employees are eligible for a RUST grant. The principal office and business officers must be domiciled in California. Businesses dominant in their field of operation are excluded.
The facility must have legally been in business retailing gasoline after January 1, 1999, and must have sold less than 1,500,000 gallons of gasoline annually for the two years prior to filing an application.
All USTs owned and operated by the applicant are in compliance with State UST regulations. Grant applicants may be eligible for a waiver from the permit compliance and/or retailing gasoline requirements if the project tanks will be removed and will not be replaced with new tanks and the applicant does not qualify for a RUST Loan.
Independently owned and operated small businesses with petroleum USTs and fewer than 500 employees are eligible for a RUST loan. As with a grant, the principal office and business officers must be domiciled in California, and businesses dominant in their field of operation are excluded.
All USTs owned and operated by the applicant are in compliance with State UST regulations.
If you are eligible for RUST funding, you cannot begin work until you have a grant or loan executed by the State Water Board.
The RUST program grants are available for between $3,000 and $70,000 per grant.
A small business may receive multiple RUST grants, but the maximum lifetime limit in grant money for each small business is $70,000.
Loan terms of 10 or 20 years at ½ the State’s most recent general obligation bond rate are available. Contact the State Water Board for the current interest rate.
Loans are available for between $10,000 and $750,000.
Ten-year loans are secured by a Uniform Commercial Code Financing Statement on the business property, assets, and equipment. Twenty-year loans are secured by a deed of trust on the business property and a Uniform Commercial Code Financing Statement on the business property, assets, and equipment.
Additional collateral and guarantees may be required to provide sufficient security for the loan. The borrower must pay a loan fee of 2 percent at the final loan closing.
The State Water Resources Control Board offers grants and loans to help small business owners and operators come into compliance with regulatory requirements for USTs. Compliance is achieved through removing, replacing, or upgrading USTs.
We talked about eligible costs, eligibility requirements, and funding. Are you considering replacing, removing, or upgrading USTs? Give us a call at 831-227-4898 or click below for a free consultation.
I got a call from an exacerbated client who was rightly concerned about a letter from the county. “The county letter said my neighbor has finished cleanup at their dry cleaner and they were implementing active vapor intrusion mitigation, “ she told me. We were helping this client navigate the issues, concerns and requirements regarding investigation and cleanup at a property adjacent to her own. “What is active vapor intrusion mitigation and what does it mean for our property?” she asked.
“Good question,” I told her. “I know we’ve already talked about vapor intrusion as it relates to your property, but let's go over it briefly, then we can talk about active vapor intrusion mitigation."
“When we first spoke about investigation and cleanup at the dry cleaner next door, I told you there was a possibility that groundwater contaminated with tetrachloroethylene (PCE) traveled from beneath your neighbor's property to below your property,” I recalled. “I told you that PCE in the groundwater could contaminate soil vapor and contaminated soil vapor could enter the building on your property. Contaminated soil vapor traveling from an underground source into a building or building basement is vapor intrusion.”
“At the time, I let you know that soil vapor samples collected on your property showed there was no risk of vapor intrusion,” I said. “If we had found there was even a potential risk of PCE-contaminated vapor entering your building, we would have recommended active vapor intrusion mitigation (VIM) to keep vapors from entering into your building and to protect occupants from exposure.”
“While cleanup has occurred next door,” I continued, “it wasn’t enough to eliminate the vapor intrusion threat posed by the remaining contamination. So, to allow safe occupancy of the building, your neighbor decided to use active VIM until cleanup goals are reached.”
“Okay, sounds reasonable,” my client said. “So what is active VIM?”
Simply put, active VIM methods create a pressure difference between air on the inside of a building and the soil vapor under a building in a way that keeps vapors out of the building. Active VIM methods tend to be more effective than passive methods, but more expensive. These methods can be used on new and existing buildings, they have a successful track record of performance, they can be applied to a wide variety of site conditions, and simple pressure gauges show they work.
VIM methods require periodic maintenance and they have long-term energy and maintenance costs. Let’s consider three active VIM methods: sub-slab depressurization, sub-membrane depressurization, and building overpressurization.
Sub-slab depressurization systems are designed to provide continuous pressure reduction beneath a building’s floor and foundation. This method is for new or existing slab-on-grade foundations. Sumps, drain tiles and block wall foundations can also be depressurized. Depressurization refers to using a fan or blower to bring the air pressure in the sub-slab venting layer down below the air pressure in the building. In this method, a blower or fan pulls contaminated vapor from the venting layer and discharges it above the roof line into the atmosphere. An air discharge permit may be necessary to allow discharge to the atmosphere.
For new construction, a vent layer made from sand or pea gravel is placed below the slab foundation. Soil vapor collection piping and a common header are installed in the vent layer to direct contaminated soil vapor to a discharge stack that ends above the roofline. The blower/fan connects the common header with the discharge stack. Regulatory guidelines suggest using a sub-slab liner above the vent layer to provide added protection if the fan fails.
For an existing slab-on-grade building, installation of a sub-slab depressurization system entails cutting holes or trenches in the building slab, removing soil and building venting pits or trenches in the space left behind. The vent pits or trenches are arranged to provide depressurization coverage over the entire building footprint. Collection pipes are installed in the pits or trenches after which they are filled with sand or pea gravel and covered with slab material. A common header connects the collection pipes with a blower or fan. Extracted soil vapor is routed to a discharge stack.
Sub-membrane depressurization operates like the sub-slab variety but refers to creating a venting layer beneath a membrane that is installed in crawl spaces over bare earth. It can be used in new and existing buildings with crawl spaces. The membrane covers the exposed dirt surface of a crawl space, creating a venting layer between the membrane and the dirt floor. The rest of the system is similar to a sub-slab depressurization system.
The edges of the foundation and any pass-through piping need to be well sealed and the membrane should be loose enough to prevent tearing. Routine inspection of the membrane is necessary to check for the seals and membrane for damage. An air discharge permit may be necessary to allow discharge to the atmosphere.
Building overpressure involves using a building’s heating, venting, and air conditioning (HVAC) systems or a new system to maintain positive pressure in a building relative to the pressure beneath the building floor. This method is typically used for commercial buildings and can be inexpensive for buildings where the HVAC system maintains a positive pressure.
We wrapped up our conversation about active vapor intrusion mitigation (VIM) methods and turned to the question of how VIM might impact her property. I told my client that VIM at the neighbor’s property means her property won’t be exposed to soil vapor contamination from her neighbor’s property. I let her know that as long as VIM is underway, the state and local environmental health agencies will oversee the operation and that VIM will operate until cleanup goals for her neighbor’s property are reached. It was good news for my client.
We have over 35 years of experience providing solutions for environmental challenges including vapor intrusion mitigation. Can we help you? Please click the button below for a free consultation.
In many cases, vapor intrusion mitigation is needed after investigation and cleanup at sites with difficult contaminants like tetrachloroethylene (PCE). This is because active cleanup methods may not remove all the contamination or cleanup may not be possible. In these cases vapor intrusion health risk remains. As a result, folks responsible for investigation and cleanup at site sites with difficult contaminants may be faced with a decision regarding vapor intrusion mitigation (VIM). At some sites, building occupancy is critical to maintaining business, and VIM is the only solution.
Three top passive VIM methodsn methods can be separated into two groups: passive and active. Here we take a look at three top passive VIM methods, but first let’s look at how VIM works.
Volatile chemicals like PCE, when released into soil and groundwater, create a vapor that can enter a building through entry points like cracks or holes in slabs or basement floors and walls; openings around sump pumps and elevator shafts; or where pipes and electrical wires enter the building. It is also possible for vapors to pass through concrete, which is naturally porous. This movement of vapors from underground into a building is termed vapor intrusion. The purpose of VIM is to eliminate intrusion through building entry points.
Passive VIM methods prevent chemical vapors from entering a building or reduce contaminant levels beneath a building. They tend to be cheaper than active methods. Typically, multiple passive VIM methods, like a floor seal with a sub-barrier, are used at the same time to provide a backup in case one of the VIM methods loses efficiency or fails. Three top passive VIM methods are: sealing, vapor barriers, and passive venting.
Sealing entry points with a chemically resistant sealer is an important first step in VIM for existing buildings. Chemically resistant coatings can also be used to seal the floor, wall and entry points in an existing building and prevent vapor entry. Concrete can be poured on unfinished dirt floors to prevent entry.
Regulatory guidance suggests that in most cases sealing should be used with other VIM methods to provide a backup.
Vapor barriers (also called sub-slab liners or passive membranes) are materials or systems installed below a building floor to block the entry of vapors. Most barriers use sheets of “geomembrane” or heavy-duty plastic placed between the sub-base and building floor to prevent vapor entry. Vapor barriers are best installed during building construction, but can be installed in existing buildings that have a crawl space or basement.
In principle, vapor barriers cause soil vapor to move laterally beyond a building footprint instead of into a building. In practice, vapor barriers are not able to completely eliminate vapor intrusion due to the likelihood of punctures, perforations, tears, and incomplete seals. As a result, regulatory guidance suggests vapor barriers be used in combination with passive venting or sub-slab depressurization (active mitigation).
Passive venting involves installing a venting layer beneath a building to provide a pathway for soil vapor to move from below ground toward the sides of the building where it is vented outdoors. The system is designed to reduce or dilute subfloor contaminant levels. A venting layer can be included in new construction, but may be too expensive for an existing building. Passive venting is usually paired with a vapor barrier.
Passive venting systems typically consist of a layer of venting material (sand or pea gravel) emplaced below a floor slab to allow soil gas to move laterally under natural dilution or pressure difference. Soil vapor entering the venting layer is directed to the edge of the floor foundation by perforated pipes installed in the venting layer, either beneath the slab or at the periphery of the building foundation.
The vent piping usually comes together at a header pipe which runs vertically up the building wall and discharges above the roofline. Installation of a vertical inlet pipe that connects the vent layer with outside air and allows fresh air to enter the venting layer can help dilute chemical concentrations.
Regulatory guidance suggests constructing a passive venting system in a way that allows the system to become an active venting system with minimum effort if necessary (use of a fan or pump to move soil vapor from the venting layer to the header for discharge). Passive venting may not be appropriate in areas with a high groundwater table or surface water drainage problems because the venting layer will not work properly if saturated with water.
Finally, since the passive venting system discharges to air, it may need an air discharge permit to comply with applicable state or local air quality discharge regulations.
Sealing is appropriate for existing buildings and can be included into the design and construction of new buildings; however, in either case guidance suggests sealing be used with a barrier, passive venting, or sub-slab depressurization (as the name implies, used for slab-on-grade building construction). While sealing is applicable to new and existing buildings, it is not recommended as a stand alone VIM solution.
When it comes to a vapor barrier or passive venting, installation in an existing building without a crawl space could be difficult and would likely require the floor to be removed and replaced. Removing and replacing a building floor, even if possible, would be expensive. As a general rule, VIM for an existing slab-on-grade building is restricted to sub-slab depressurization, an active VIM method. Sealing, vapor barrier, or passive venting are appropriate for new construction and existing buildings with a crawl space, basement, or raised floor.
It is recommended that sealing or use of a vapor barrier include passive venting to counter the likelihood of leaks, punctures, perforations, tears, and incomplete seals. Sealing is already common practice in building construction and maintenance, so it is given that any existing or new construction is or should be sealed or re-sealed. This means in practice, most passive VIM systems will employ a vapor barrier and passive venting.
We took a look at three top passive VIM methods, but there are others. For example, in the case of new construction, installation of a building with a raised floor might be the best passive VIM method. A raised-floor design includes an open first floor or other well ventilated first floor design to interrupt vapor intrusion from entering the second story living/working space.
Another passive VIM method is termed “Institutional Control”. Institutional controls typically use institutions (state, county or city government) to monitor and enforce property use controls through a land use covenant (LUC) or Covenant to Restrict Use of Property. The LUC may include multiple institutional controls with specific orders, prohibitions, restrictions and requirements to ensure property conditions under control remain unchanged and the risks, restrictions, and requirements to future buyers and occupants are disclosed.
An LUC may contain:
For a LUC with California’s Department of Toxic Substances Control (DTSC), the LUC must be approved by DTSC legal counsel and publicly recorded in the county recorder’s office.
All VIM methods mentioned require some sort of performance monitoring, so it is important to consider long-term responsibilities. For example, while passive venting avoids the long term cost to operate a fan or blower, it requires monitoring effectiveness by measuring chemical levels in sub-slab soil vapor or by measuring indoor levels. Similarly, use of sealing or a vapor barrier would require indoor air and sub-slab soil vapor sampling to monitor effectiveness.
To address the long-term nature of VIM, and the need to assure they work, regulatory oversight agencies typically expect VIM implementation to include a plan outlining operation and maintenance, monitoring, reporting, financial assurance, an implementation schedule, five-year review schedule, and identification of who is responsible for the work.
We took a look at three top passive vapor intrusion mitigation methods. We found that for most cases, passive venting is the top passive VIM method, and that passive venting is used with sealing or a vapor barrier to provide eSxtra protection from vapor intrusion. We noted that in most cases, passive VIM is only applicable for new building construction or buildings with a crawl space, basement, or raised floor. We also noted that implementation of VIM requires long-term operation, maintenance, and monitoring to show effectiveness over the life of VIM.
Due to the toughness of some contaminants like PCE, cleanup limitations, and site constraints, complete cleanup to regulatory-approved levels is not often possible. In many cases VIM is relied on to keep a building safe and occupied during the span between active cleanup and low-threat case closure.
If your site is facing VIM, we can help. We have over 30 years of experience in solving environmental problems including VIM. To get more information, call 831-475-8141 or click on the button for a free consultation.
A close friend called. She told me she was working on a development project, and just got the results of a Phase I Environmental Assessment. The assessment pointed to a potential obstacle to the project - a Recognized Environmental Condition (REC). The project site used to be a dry cleaner that closed up shop a few years back, and the assessment noted there could have been a release of tetrachloroethylene, or perchloroethylene (PCE) into the soil and groundwater. My friend was really upset. It was already difficult enough with stakeholders, banks, city and county regulators taking chunks of her time and money - now this. She was stressed. “Can you help?” she said, “Now they want a Phase II Assessment to investigate the REC (Recognized Environmental Condition). All I want to know is, how much is this going to cost?”
I paused for a moment thinking, “It depends…”, but quickly remembered the stress she was under. “How about we meet for coffee in a couple of hours and in the meantime, I will work up a cost for a Phase II Assessment for you?” That’s what she wanted to hear.
A Phase II Assessment is often recommended to verify a REC (Recognized Environmental Condition). In the case of my friend, a Phase II was recommended to determine whether there was a release of PCE. Typically, a Phase II assessment entails collecting soil and/or groundwater samples and analyzing the samples for particular chemicals. Often, a Phase II Assessment means the same thing as a soil and groundwater investigation.
My friend described the site as a small empty retail unit at a shopping mall, so it seemed to me that we could find out if there had been a chemical leak by drilling three small-diameter holes into the ground to collect soil and groundwater samples. One at the former location of the dry-cleaning machine, one at the floor drain, and one along the sewer leaving the unit. At least two soil samples and one groundwater sample would be collected from each hole, and samples would be analyzed at a state-certified laboratory. A soil and groundwater investigation report would be prepared that would include methods, results, conclusions, and recommendations. All the work would be overseen by a professional geologist or engineer whose signature would appear on the final report.
One way to estimate the cost of work is to break it up into tasks, and then estimate the cost of each task. A Phase II soil and groundwater investigation can be broken into three main tasks:
With the tasks identified, we can estimate the cost. My knowledge and experience are important here, but a reference carries weight. The California Underground Storage Tank Cleanup Fund, a state program for underground storage tank owners and operators that funds investigation and cleanup, publishes cost recommendations (Guidelines). While these recommendations are associated with work on sites contaminated with gasoline and the like, they can be applied to assessment work for other compounds, such as the dry-cleaning chemicals my friend was worried about.
The work plan:
The Guidelines estimate the 2018 cost of a Phase II soil and groundwater investigation work plan at $3,380.
Adjusting for inflation, about 8.6% according to California Consumer Price Index (CPI) Inflation calculator, we have estimated the cost of a Phase II soil and groundwater work plan at $3,671. (Note – you can also adjust estimated costs to a particular area of California or to a national average.)
For field work, we will consider the cost of drilling three holes to 30 feet as suggested in the Guidelines. In the description of work, the Guidelines include scheduling, coordination, field preparation, permitting and field work in the estimated cost for three holes. The Guidelines also include costs for equipment rental and supplies, a drilling contractor, chemical analyses, and subcontractor mark-up. Here the number of samples and methods of sampling that the Guidelines recommend differing slightly from the proposed work for my friend’s site. To address the differences, we will simply adjust the Guidelines cost by subtracting unnecessary costs.
As presented in the Guidelines, the total cost to drill three holes to 30 feet is $11,244, but after adjusting for the difference in the number of samples to be analyzed (9 for my friend versus 15 in the guidelines) and the number of analyses to be conducted (one for my friend versus two in the guidelines), the total cost for drilling three holes to 30 feet comes down to $8,308.
Field work also includes health and safety coordination and waste disposal. The Guidelines estimate the cost of a Community Health and Safety Plan at $1,392 and waste disposal at $145 per 55-gallon drum of soil waste. It is likely only one drum of waste will be generated during field work on my friend’s project.
Regarding an assessment report, the Guidelines provide the cost for a report where six holes are drilled and three of the holes are converted to groundwater monitoring wells. It’s clear the scope of work linked to the Guidelines estimate is greater than for my friend; however, in my experience, the difference in terms of report preparation is small, in this case, less than $500. The Guidelines quote $6,944 for an investigation report – let’s say $6,500 for our report.
Finally, is there anything we left out? For example, it’s likely the floor of the unit is concrete, and we will need a concrete driller to actually get underground. Additionally, now that we have holes in the floor, we will need to restore the floor by backfilling the holes and patching the surface. The Guidelines are not much help here, but in my experience, a concrete-cutting contractor is going to cost about $500 and the backfill and patch is going to cost about $900.
Now, what else did we miss? Something. To address this something, we use a contingency factor, say 10 percent. This additional 10 percent is to account for things we did not address or for unforeseen circumstances – like the concrete floor being 15 inches thick instead of the typical 6-to-8-inch thickness.
Now we are ready to sum up the costs. Between the work plan, field work, and the report, the total estimated cost (adjusted for inflation) is $22,946. With a 10% contingency the total cost ranges from $22,946 to $25,241. Now I was ready for a cup of coffee with my friend.
I arrived on time to find my friend seated at a window table. She looked up and noticed me, “Hi, great to see you”, she said. We received our coffee and spent what seemed like forever adding cream and sugar in silence. I spouted up, “Ready for the news?” She slumped, “Okay.”
I started with my explanation of how I got the estimate, but when I looked over, her glazed eyes told me to get on with it. “Alright, I estimated the cost for a Phase II soil and groundwater investigation at your location to be $25,000.” The glaze turned intense, “That’s a heck of a lot of money - why does it cost so much?” I thought for a moment and said, “Let’s look at the factors that drive cost.”
There are several factors that drive the cost of a soil and groundwater investigation, but for me, two factors top the list: the type of contamination and site location.
The type of contamination can be broken down into the composition (what’s in it), the magnitude (how much is there), and the extent (how far has it spread).
Site location includes things like where the site is located, how big it is and whether improvements have been done, the location of groundwater, site geology, local regulations, site use (residential or commercial); and how hard it is to properly dispose of waste from drilling.
Let’s take a closer look at some of these factors.
Factor That Drives Up Cost
How and Why the Factor Drives Cost
|Kind of Contamination
|Hazardous contaminants, such as those that are toxic, require specialized personnel, equipment, and disposal that drive up costs.
|Higher levels of contamination drive up waste disposal fees and require specialized methods, personnel, and equipment that cost more.
|Contamination Area and Depth
|Larger areas and depths of contamination need more time to investigate and bring on more waste to dispose of, more samples to analyze, and more data to report.
|Soil and Rock
|Very hard or dense ground requires special equipment for drilling and longer drilling times that drive up costs. The same is true for drilling in sandy or loose soil.
|Dealing with groundwater drives up costs and the depth of groundwater below the ground drives costs because greater depths require more drilling, more well construction time, and more waste disposal.
"Well, that sounds complicated," she said. “So you’re saying that if the groundwater was deeper at my place, a soil and groundwater investigation would cost more?” “Yes”, I said, “for one thing, the field investigation might take longer than it would otherwise, increasing the cost.”
“So it could be worse…” she said flatly.
We sat in silence for a moment and then I asked if she had any more questions. She sat up straight and said, “Probably, but thank you. I need to let this soak in.” “No problem”, I replied, “let me know if you need any more help with your project.” I let her know our firm was a one-stop-shop that could provide all the environmental-related services she would need to complete her project. I also told her we are very sensitive to the hardships, both financial and emotional, that environmental issues bring.
We covered a lot of ground here. Using cost guidelines from California’s Underground Storage Tank Cleanup Fund as a reference, we broke down how much it costs to complete a Phase II soil and groundwater investigation, including the work plan, field work, report, and a 10% contingency. We also looked at the two primary factors that make a Phase II assessment so expensive - the type of contamination and site location.
Are you staring down the barrel of a Phase II Assessment, and don’t understand why? Are you having trouble juggling the competing demands of regulators and other stakeholders? Let us help. We’ve got 20 years of experience solving problems just like this. Schedule a consultation by clicking the button below, or just give us a call at 831-475-8141.