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February 24, 2016 Page 2 Mt{;EIVED FEB 2 5 2016 ENVIRONMENTAL TA4 hm The note in the facility diagram has been amended to clarify where the contents and volumes of t� Vton��rr��rs - may be found in the SPCC plan. At the same time, the facility diagram provided in the site's SPCC Plan at the time of the inspection was consistent with the requirements of 40 CFR 112.3(a). Chevron disagrees with the inspection finding and respectfully requests that the Item # 604 violation be rescinded. Item # 609: CFR 112.7(c) Failed to provide secondary containment, diversionary structures, or equipment to prevent discharge According to the inspection report, the inspector observed cracks in a concrete area within the secondary containment dike north of the fire access road as well as some evidence of wildlife burrows along earthen areas of the berm. The inspection report noted that this was evidence that the integrity of the concrete secondary containment dike was compromised and may no longer be adequate to prevent a discharge. Requirements in 40 CFR 112.7(c) state that the dike area must prevent a discharge, which is defined as "...any spilling, leaking [... J, or dumping of oil" that could reach a Waters of the US per the Clean Water Act Sections 311(b)(1) and 311 0)(1)(C) which prohibit the discharge of oil "into or upon the navigable waters of the United States, adjoining shorelines, or into or upon the waters or the contiguous zone... " (From 2013 SPCC Guidance for Regional Inspectors, pg. 1-1). Essentially, the requirements in 40 CFR 112.8 (c)(2) states that the dike must be "sufficiently impervious to contain oil" specifically: "... secondary containment structures such as dikes, berms and retaining walls can be considered sufficiently impervious as long as they allow for cleanup to occur in time to prevent a discharge to navigable waters or adjoining shorelines. Ultimately, the determination of imperviousness should be verified by a PE and documented in the SPCC Plan. (2013 SPCC Guidance for Regional Inspectors, pg. 4-29 to 4-30) The Terminal contracted with an independent Professional Engineer (PE) to complete a site specific sufficiently impervious analysis (Attachment Q. This analysis is maintained with the SPCC plan and is available for review at the Terminal. Based on that analysis, the earthen dikes are sufficiently impervious to contain a release from primary containment, allowing more than sufficient time to ensure adequate clean-up. The concrete area examined in the inspection is not a necessary component of this sufficiently impervious determination. The concrete was added to reduce potential dike erosion and decrease the amount of maintenance work activities. Cracks in the concrete are repaired on a regular frequency to maintain that function, however, the presence of cracks in the concrete does not change the overall integrity of the earthen dike secondary containment system. Similarly, based on the sufficiently impervious analysis, wildlife burrows should not impact the ability of the dike system to allow time for clean-up activities to be completed in time to prevent a discharge to waters of the U.S. The wildlife burrows identified have been repaired (Attachment D) and continued inspection and repairs will be performed, as needed. Chevron disagrees with the inspection finding that the secondary containment was compromised at the time of the inspection and respectfully requests that the Item # 609 violation be rescinded. Item # 613: CFR 112.7(e) Failed to conduct inspections or maintain record for 3 years. The terminal performs a number of inspections per our internal Standard Operating Procedure (SOP) I01 that in some cases exceed industry standards and SPCC frequency requirements. In particular, it is standard practice at the terminal to perform daily inspections of the condition of the product tanks and secondary containment systems,