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Since the 72 hour guideline was rescinded, and since current regulations <br />do not specify permeability or retention time criteria, there is little <br />guidance as to what EPA considers to be "sufficiently impervious." As a <br />result, Chevron has requested that ERM undertake the analysis contained <br />herein in an effort to ensure a defensible and consistent method for <br />determining and documenting that containment is "sufficiently <br />impervious" at Chevron's terminal facilities. This analysis includes <br />verification by a certifying Professional Engineer. <br />REG"JEWEDA. ERM made the following assumptions in completing this analysis: <br />FEB 2 5 2016 On November 26, 2008, the Federal Register published the revised SPCC <br />ENVIRONMENTAL definition of "navigable waters", removing the 2002 revision and restoring <br />q.Fp?TH RF.PARTMF_NT the 1973 promulgated definition. The change is in response to an order, <br />issued by the United States District Court for the District of Columbia <br />(D.D.C.) in American Petroleum Institute v. Johnson, 571 F.Supp.2d 165 <br />(D.D.C. 2008). <br />The 1973 promulgated definition reads as follows: <br />" ... (1) all navigable waters of the United States, as defined in <br />judicial decisions prior to the passage of the 1972 Amendments of <br />the Federal Water Pollution Control Act, (FWPCA) (Pub. L. 92-500) <br />also known as the Clean Water Act (CWA), and tributaries of such <br />waters as; <br />"(2) interstate waters; <br />"(3) intrastate lakes, rivers, and streams which are utilized by <br />interstate travelers for recreational or other purposes; and <br />"(4) intrastate lakes, rivers, and streams from which fish or shellfish <br />are taken and sold in interstate commerce." <br />For purposes of this analysis, ERM assumes that "Water of the U.S." has <br />the same definition as "navigable waters" listed above as defined by EPA <br />for 40 CFR 112. To the extent these terms are modified or given different <br />interpretations in the future, Chevron reserves the right to make any <br />applicable arguments that a given water is not a Water of the U.S. or a <br />navigable water. <br />B. Methodology Employed: <br />EPA's SPCC Guidance for Regional Inspectors state: <br />ERM 1-2 110670\CHEVRON\SPCC - JULY 2010 <br />