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Ruvalcaba, Cesar From: Ruvalcaba,Cesar Sent: Monday,July 22,2019 4:03 PM To: 'DPaul' Subject: RE: Return To Compliance-DRAFT submittal for Haley Flying Service- PR0515798 Comments on the following: 2. The rewritten SPCC plan will be re-certified by one of our PEs. We find this to be a Tier II facility based upon both our federal (40CFR112) and California(APSA) references that: a)there is a single tank greater than 5000 gallons AND b) aggregate storage of more than 10,000 gallons. Please confirm you are in agreement with these provisions. environmental equivalence This facility does not fall into a Qualified Facility status. Qualified facilities can prepare and self-certify an SPCC plan and do not need a P.E certification as long as they meet certain criteria.The Qualified facilities fall under two tiers.TIER I and II facilities have a total storage capacity between 1,320 and 10,000 gallons.A TIER II facility has an individual aboveground container greater than 5,000 gallons but the total storage capacity of APSA regulated product is 10,000 gallons or less. Since this facility has a storage capacity of over 10,000 gallons it does not qualify as a Qualified Facility. Here is the regulation CFR 112.3(g)(2) A Tier II qualified facility is one that has had no single discharge as described in §112.1(b) exceeding 1,000 U.S.gallons or no two discharges as described in §112.1(b) each exceeding 42 U.S.gallons within any twelve month period in the three years prior to the SPCC Plan self-certification date,or since becoming subject to this part if the facility has been in operation for less than three years (other than discharges as described in §112.1(b)that are the result of natural disasters, acts of war, or terrorism), and has an aggregate aboveground oil storage capacity of 10,000 U.S.gallons or less. 3. Per the pictures provided the facility has several mobile refuelers, as defined by CFR 112. Mobile gluelermeans a bulk storage container onboard a vehicle or towed,that is designed or used solely to store and transport fuel for transfer into or from an aircraft, motor vehicle, locomotive,vessel,ground service equipment,or other oil storage container. I am thinking that the truck and nurse tanks are used to fuel the airplanes out in the field or other pesticide/fertilizer applications equipment,such as trucks or tractors. It appears to me that the home heating oil truck was used as a general example. It can very well be any mobile refueler with any APSA regulated product,such as diesel or petroleum based lubricating oils. If the tanks leave the facility to perform their refueling activities and"returns to the facility and parks overnight with a partly filled fuel tank,it is subject to the SPCC plan'. It seems like the storage tanks are on vehicles or are towed. Unless they are empty when they are parked at the facility,they would still need to be addressed in the SPCC plan because of the spill potential.This is from the EPA guidance document sent earlier;....if a home heating oil truck makes its deliveries,retums to the facility, and parks ovemight with a partly filled fuel tank,it is subject to the SPCC rule if it, or the facility has a capacity above the threshold amount...... In California a reasonable expectation of discharge to navigable waters or adjoining shorelines does not need to exist. 5. The frequency provisions of our SPCC plan was based upon 2015 guidelines set forth in the CUPA forum held in Cupertino, CA in 2015. We have since been referencing Chapter 7 of the Regional Inspectors Guide of the US EPA website. We remain unconvinced that our recommendation for I