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Cesar Ruvalcaba [EH] <br /> From: Cesar Ruvalcaba [EH] <br /> Sent: Tuesday, February 19, 2019 1:46 PM <br /> To: 'Joey Cupp' <br /> Cc: William Reeck; rbain@calhaz.com; Bret Covey; Gregory Smith; Alan Fass; Miluska Cioffi <br /> Subject: RE: Response - Pilot 617 Lodi Notice of Violation - PR0536558 <br /> Attachments: Label.JPG; APSA_FAQ.pdf <br /> Mr. Cupp <br /> Under the APSA/SPCC regulations there is not distinction between "new" product or"waste" product, including <br /> hazardous waste. If the material being stored contains any amount of petroleum,whether it be new product or waste <br /> product (including hazardous waste) and it is being stored in containers of a capacity of 55 gallons or more,then they fall <br /> under APSA/SPCC regulations (as long as other requirements are met). You are correct in pointing out that solid <br /> material would not fall under the APSA regulations.At least one of the drums at the facility observed during the <br /> inspection was labeled as containing diesel fuel or"disel fuel" (picture included, taken at the time of the inspection).The <br /> physical state of the product, was checked and written, as liquid.The drum was a 55 gallon drum. Since the facility has a <br /> storage capacity of over 1,320 gallons the drum containing petroleum product would be subject to APSA/SPCC <br /> regulations. It was also explained to me during the inspection that water used for testing during the annual <br /> Underground Storage Tank certification was kept in similar drums until disposed in accordance with hazardous waste <br /> regulations.This water, I'm assuming, is being disposed as hazardous waste since it contains a percentage of petroleum <br /> product. <br /> My inspection focused on APSA/SPCC regulations. Any temporary storage requirements under hazardous waste <br /> regulations do not fall under the purview of the APSA/SPCC inspection. <br /> Under the APSA/SPCC regulations there is no exemption for temporary storage even for hazardous waste. The drums <br /> are subject to hazardous waste regulations and inspections,APSA/SPCC regulations and inspections, both are separate <br /> and distinct from each other. <br /> I have also included an APSA FAQ document. I have selected a few of the questions and answers that may help with this <br /> issue. <br /> 8. What tanks are excluded from the definition of "aboveground storage tank?" <br /> A tank containing hazardous waste as described in HSC 25316(g), if the Department of Toxic Substances <br /> Control (DTSC) has issued the owner/operator a hazardous waste facilities permit. The tank must be <br /> specifically included in the permit authorization (hazardous waste facility permit or Tiered Permit). The <br /> hazardous waste facility permit issue is further discussed in FAQ Section II #10; <br /> 9. Does any percentage of petroleum oil content in a mixture (no matter how small) <br /> bring the mixture into APSA regulation as 'petroleum?' <br /> Yes, all mixtures that contain any amount of petroleum are considered to be petroleum and therefore must <br /> be included when determining the tank facility's total storage capacity. (For detailed information about the <br /> definition of petroleum, refer to FAQ Section II #3.) <br /> i <br />