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From:Joey Cupp<Joey.Cupp@pilottravelcenters.com> <br /> Sent:Tuesday, February 19, 2019 11:08 AM <br /> To: Cesar Ruvalcaba [EH] <cruvalcaba@sjcehd.com> <br /> Cc:William Reeck<wreeck@jonescovey.com>; rbain@calhaz.com; Bret Covey<bret@jonescovey.com>; Gregory Smith <br /> <gsmith@jonescovey.com>; Alan Fass<alanfass@dynamis-inc.com>; Miluska Cioffi <br /> <Miluska.Cioffi@pilottravelcenters.com> <br /> Subject: Re: Response - Pilot 617 Lodi Notice of Violation - PR0536558 <br /> Inspector Ruvalcaba, <br /> It seems that we may be referring to different materials being stored in the Drums. You seem to be referring to the <br /> material in the drums as petroleum product that Pilot will be using or selling in our business operation. In fact,the <br /> material in these Drums is not petroleum product stored on a temporary basis, but is actually hazardous waste stored <br /> on a temporary basis. The material consists of fuel filters, spent absorbent materials, oily rags, and debris contaminated <br /> with oil I, which makes it hazardous waste.This hazardous waste is stored onsite on a temporary basis,transported and <br /> disposed of in less than 90 days of generation. <br /> Please let me know if you still feel I am misinterpreting these temporary storage requirements for hazardous waste. <br /> Thanks <br /> Joey Cupp <br /> Cell: 865-300-6150 <br /> On Feb 19, 2019, at 12:56 PM, Cesar Ruvalcaba [EH] <cruvalcaba@sicehd.com>wrote: <br /> Mr. Cupp, <br /> There was mention of the temporary storage regulations in your response, could you guide me to which <br /> regulations you are referring to? From what I read through the APSA and SPCC regulations,there is no <br /> exemption on storage time. The 55 gallon drums which store petroleum product, even if it is on a <br /> temporary basis,fall under the APSA regulations and are therefore APSA regulated storage tanks.The <br /> SPCC plan would need to address all requirements for bulk storage containers for any storage tank with <br /> a capacity of 55 gallons or over. This is based on the following language found in the APSA regulations, <br /> the Code of Federal Regulations (CFR) and guidance document from the EPA. Feel free to contact me <br /> with any questions or concerns. <br /> Beginning with the California Health and Safety Code (HSC) Chapter 6.67 or Aboveground Petroleum <br /> Storage Act (APSA). <br /> Section 25270.2 defines the following terms as follows: <br /> (a) "Aboveground storage tank" or"storage tank" as a tank that has the capacity to store 55 gallons <br /> or more of petroleum that is substantially or totally above the surface of the ground, except that, <br /> for purposes of this chapter, "aboveground storage tank" or"storage tank" includes a tank in an <br /> underground area... <br /> (h) "Petroleum" means crude oil, or a fraction thereof, that is liquid at 60 degrees Fahrenheit <br /> temperature and 14.7 pounds per square inch absolute pressure. <br /> (1) "Storage" or"store" means the containment, handling, or treatment of petroleum, for a period <br /> of time, including on a temporary basis. <br /> APSA Section 25270.4.5 ... In implementing the spill prevention control and countermeasure plan, <br /> each owner or operator specified in this subdivision shall fully comply with the latest version of the <br /> regulations contained in Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of <br /> Title 40 of the Code of Federal Regulations. <br /> 3 <br />