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The following is an itemized list of aboveground petroleum storage act violations that
<br />have not been addressed for LOVELACE TRANSFER STATION as of April 20,
<br />2023.
<br />Open violations from February 17, 2022 inspection
<br />Violation #602 - Failed to state reasons and detail nonconformance if claiming equivalent environmental
<br />protection.
<br />OBSERVATION: The Spill Prevention, Control, and Countermeasure (SPCC) Plan reviewed at the time of
<br />inspection, dated 08/01/2018, failed to state reasons for non conformance and describe in detail alternate methods
<br />used to achieve environmentally equivalent protection (other than secondary containment) when claiming
<br />environmental equivalence for SPCC requirements. The integrity testing cited in the SPCC plan deviates from the
<br />STI SP001 standard cited in the SPCC plan. Section 9.2.3 of the SPCC plan cites a letter from the USEPA
<br />regarding integrity testing. This letter is no longer applicable since regulations changed after the letter was written.
<br />
<br />REGULATION GUIDANCE: (2) Comply with all applicable requirements listed in this part. Except as provided in §
<br />112.6 (Qualified Facilities Plan Requirements), your Plan may deviate from the requirements in paragraphs (g), (h)
<br />(2) and (3), and (i) of this section and the requirements in subparts B and C of this part, except the secondary
<br />containment requirements in paragraphs (c) and (h)(1) of this section, and §§ 112.8(c)(2), 112.8(c)(11), 112.9(c)(2),
<br />112.9(d)(3), 112.10(c), 112.12(c)(2), and 112.12(c)(11), where applicable to a specific facility, if you provide
<br />equivalent environmental protection by some other means of spill prevention, control, or countermeasure. Where
<br />your Plan does not conform to the applicable requirements in paragraphs (g), (h)(2) and (3), and (i) of this section,
<br />or the requirements of subparts B and C of this part, except the secondary containment requirements in paragraph
<br />(c) and (h)(1) of this section, and §§ 112.8(c)(2), 112.8(c)(11), 112.9(c)(2), 112.10(c), 112.12(c)(2), and 112.12(c)
<br />(11), you must state the reasons for non conformance in your Plan and describe in detail alternate methods and
<br />how you will achieve equivalent environmental protection. If the Regional Administrator determines that the
<br />measures described in your Plan do not provide equivalent environmental protection, he may require that you
<br />amend your Plan, following the procedures in § 112.4(d) and (e).
<br />CORRECTIVE ACTION: Since the SPCC Plan does not conform to the applicable requirements, the reasons for
<br />non conformance must be stated, and the alternate methods to achieve equivalent environmental protection must
<br />be described in detail. Ensure that the SPCC Plan includes an adequate discussion of equivalent environmental
<br />protection. Provide proof of correction to the EHD.
<br />
<br />Describe actions taken or will be taken to correct violation:
<br />¨ This violation will be corrected by (date): ¨ This violation was corrected
<br />¨ Supporting documents included
<br />Violation #612 - Plan doesn't have discharge prediction, including direction, rate of flow, and quantity of oil.
<br />OBSERVATION: The Spill Prevention, Control, and Countermeasure (SPCC) Plan failed to predict the direction,
<br />rate of flow, and the total quantity of the oil that could be discharged for each type of major equipment failure.
<br />REGULATION GUIDANCE: (b) Where experience indicates a reasonable potential for equipment failure (such as
<br />loading or unloading equipment, tank overflow, rupture, or leakage, or any other equipment known to be a source of
<br />a discharge), include in your Plan a prediction of the direction, rate of flow, and total quantity of oil which could be
<br />discharged from the facility as a result of each type of major equipment failure.
<br />
<br />CORRECTIVE ACTION: Ensure the SPCC plan addresses potential equipment failures with direction, rate of flow
<br />and total quantity. Submit proof of correction to the EHD.
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