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Baker, Lydia From: Burgin, Andy C (Fresno) USA <andy.burgin@lehighhanson.com> Sent: Wednesday, May 22, 2019 10:13 AM To: Baker, Lydia Subject: RE: Full Inspection Reports Attachments: 3_environmentalequivalence_2014.pdf Good Morning Lydia, I think we might be off path here on deviation. Not using SP001 are not a deviation from 40 CFR 118.2 requirements, my position is that any PE developed inspection schedule fits those regulations. For my clarity,your office's opinion that SP001 is an industry standard and therefore not to be deviated from, is that correct? Can you provide code or documented study to back up the industry standard or is it just the county's general opinion? If SP001 is the only inspection form,then why has no local, state, or federal agency passed code to require it's use? I've prepared plans for over 12 years, the industry standard for engineers is a lot more flexible than you might think on this issue.As it is a national program your office would have to prove the industry standard is set nationwide. Engineers use portions of test methods all the time, as the full test method does not fit site specific needs. If you require that we further discuss the environmental equivalence statement. From the attached EPA document, "The environmental equivalence provision, contained in 112.7(a)(2), allows for deviation from specific requirements of the SPCC rule, as long as the alternative measures provide equivalent environmental protection." Again SP001 is not a specific requirement in the SPCC rule, although setting up an inspection schedule is. We are continuing inspections, therefore we do not need a deviation statement to not use SP001. To further discuss, "equivalent protection" is defined in the attached EPA document as: "In SPCC context, equivalent environmental protection means an equal level of protection of navigable waters and adjoining shoreline from oil pollution." From your office's perspective how does the use of a different form not an equivalent protection to navigable water and adjoining shorelines or more to the point how would any spill from this facility impact these resources? I would kindly request that the County not adapt SP001 as the only form available for monthly and annual inspections as it is not perfect and can still lead to many flaws. SP001 formal external and internal inspections are very good and obviously developed by knowledgeable tank builders, but the monthly and annual checklist leave much to be desired. Creative and new ideas for problem solving should be allowed to be developed and exist to solve specific issues in new ways. Regards, Andy From: Baker, Lydia [mailto:lbaker@sjgov.org] Sent:Wednesday, May 22, 2019 8:57 AM To: Burgin, Andy C (Fresno) USA<andy.burgin@lehighhanson.com> Subject: RE: Full Inspection Reports Could you send me the "deviation statement in Section 1.2."? Thanks, i