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Cesar Ruvalcaba [EH] From: Cameron J. McGovern <cjmcgove@up.com> Sent: Thursday, November 8, 2018 2:38 PM To: Cesar Ruvalcaba [EH] Subject: Re:ASPA/SPCC inspection report - 1000 Roth Rd, French Camp - PR0523352 Attachments: UPRR Inspection Report 20181026_Signed RTC 20181108.pdf Mr. Ruvalcaba, Thank you for conducting the SPCC Inspection of Union Pacific Railroad's (UPRR) French Camp Intermodal Yard on Friday, October 26, 2018. For your convenience, I have attached to this email the inspection report with the signed return to compliance (RTC) form, dated November 8, 2018. Per the County's findings, UPRR will address the following alleged items with the below responses: Item#301 CFR 112.5(a)Failed to amend Plan as necessary. Approximately three 55 gallon drums containing product regulated under APSA were observed inside the garage area near the east wall.That storage location of the drums is not addressed in the SPCC plan.The Spill Prevention,Control,and Countermeasure(SPCC)Plan must be amended when there is a change in the facility design,construction,operation,or maintenance that materially affects its potential for a discharge,within 6 months of the change,and implemented as soon as possible,not later than 6 months following preparation of the amendment. Immediately make all necessary amendments to the SPCC Plan to accurately represent the procedures and policies currently in place at the facility. This is a minor violation. Response: Union Pacific (UP) will update the SPCC Plan to reflect the quantities of regulated materials present in Area 2: Intermodal Garage, and further documented in Section 4.2.1 and Table 4.1 for Area 2 Intermodal Garage. The Plan will be amended to include the extra drums of material as well as document the secondary containment provided by the trench drains located throughout the garage that drain to the oil water separator and waste water treatment plant (WWTP) headworks. Item#602 CFR 112.7(a)(2)Plan failed to discuss equivalent environmental protection,if applicable. The Spill Prevention,Control,and Countermeasure(SPCC)failed to discuss alternative environmental protection requirements.Page 31 of the SPCC plan states that UPRR is following the provisions of 40 CFR 112.8(c)(6)based on good engineering practices and measures implemented by the facility.40 CFR 112.8(c)(6) states that You must determine,in accordance with industry standards,the appropriate qualifications for personnel performing tests and inspections,the frequency and type of testing and inspections,which take into account container size,configuration,and design.An industry standard is not referenced in this section of the plan.If the SPCC Plan does not conform to the applicable requirements,the reasons for nonconformance must stated and the alternate methods to achieve equivalent environmental protection must be described in detail in the Plan. Immediately amend the SPCC Plan to include a discussion of equivalent environmental protection. Note:If an owner or operator deviates from applicable industry standards to develop an integrity testing program,then a PE must certify an environmentally equivalent alternative in the SPCC Plan.The Plan must provide the reason for the deviation,describe the alternative approach,and explain how it achieves environmental protection equivalent to the applicable industry standard. This is a Class II violation. Response: On page 31 and 32 of the SPCC Plan, Section 15.6. Tank Testing and Inspections, the Plan references Section 8.3. Deviation from Industry Standard, which documents UPRR's deviation from the STI SP-001 standards through the use of environmental equivalency with a more conservative inspection scheduled quarterly. Deviation from Industry Standard through the use of Environmental Equivalency was evaluated by UPRR Legal Counsel and was documented and certified by a PE, and therefore UPRR will not be deviating from the plan as it is currently stated. 8.3. Deviation from Industry Standard. This approach deviates from the monthly inspection frequency recommended by STI SP-001. Union Pacific believes the more comprehensive quarterly inspections (which are otherwise required annually by the STI SP-001 standard), combined with the supplemental routine periodic inspections that occur when the tanks are activated for use, provide an equivalent level of environmental protection for navigable 1