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Cesar Ruvalcaba [EH] From: Cesar Ruvalcaba [EH] Sent: Friday, January 4, 2019 10:30 AM To: 'Chong Lee' Subject: RE: FedEx Freight - PR0515710 Attachments: spcc_guidance_.pdf, Federal Register.pdf Good morning Chong, Thank you for your email. I read through the provided section of the SPCC plan and following are my observations. The referenced EPA guidance document, "SPCC Guidance for Regional Inspectors," Version 1.0, November 28, 2005. was established at a time when the rule specifically required that integrity testing include more than just a visual inspection. The rule and the SPCC Guidance for Regional Inspectors have been updated. The most current version of the guidance document is dated December 16, 2013,the updated section dealing with this Environmental Equivalence is attached. The rule now states that"... You must determine, in accordance with industry standards... ",the entire rule is at the bottom. I have also included a portion of the Federal Register that addresses the rule change. Page 7-41 and 7-72 of the "SPCC Guidance for Regional Inspectors," "Integrity testing in accordance with industry standards is required for all aboveground bulk storage containers located at onshore facilities (except oil production facilities), unless the facility owner/operator implements an environmentally equivalent method according to §112.7(a)(2) and documents the deviation in the SPCC Plan" Page 7-43 of the "SPCC Guidance for Regional Inspectors," If an owner or operator deviates from applicable industry standards to develop an integrity testing program,then a PE must certify an environmentally equivalent alternative in the SPCC Plan.The Plan must provide the reason for the deviation, describe the alternative approach, and explain how it achieves environmental protection equivalent to the applicable industry standard. The code section that allows for environmental equivalence 112.7(a)(2)states, in part "...you must state the reasons for nonconformance in your Plan and describe in detail alternate methods and how you will achieve equivalent environmental protection..." Taking all of this into consideration,the SPCC plan deviates from CFR 112.8(c)(6) by not determining in accordance with industry standards,the appropriate qualifications for personnel performing tests and inspections,the frequency and type of testing and inspections, which take into account container size, configuration, and design. The environmental equivalence claim does not provide a reason for the deviation or explain how it achieves environmental protection equivalent to an applicable industry standard. The environmental equivalence, as it is written now does not discuss all the tanks and seems to focus only on the 20,000 gallon tank, for example how inspections on the bottom are achieved as the quoted guidance from the EPA specifies.The cross-reference for section 112.7(a)(2) would also have to lead to this discussion. CFR 112.8(e) (6)Test or inspect each aboveground container for integrity on a regular schedule and whenever you make material repairs.You must determine,in accordance with industry standards, 1