2008-04-15_REVISION - M1980244 (308)

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APPENDIX 1. ENGINEERING EVALUATION 1.0 PURPOSE OF THE ENGINEERING EVALUATION There are many "gray areas" in the preparation of a Spill Response Plan and Spill Prevention Control arid Countermeasures plan (SRP/SPCC). The new spill plan rules at 40 CFR Part 112 provide some discretion on the part of the certifying engineer to deal with such "gray areas." Engineering judgement, technical .rationale, real world experience, and background information used to address these questionable practices or "gray areas" have been included in this section. The purpose of the regulations at 40 CFR Part 112 is to provide "environmental protection." Tle purpose of this engineering evaluation is to explain and clarify some of the on site installations and practices specific to CC&V. Any practice that has been certified by the professional engineer must provide equivalent environmental protection. Please refer to the discussion that follows. 2.0 REGULATORY BACKGROUND ON DEVIATIONS AND CLARIFICATIONS SPECIFIC TO THE CC&V FACILITY I 40 CFR Part 112.7(a)(2) of the July 17, 2002 revised rule explicitly allows deviations from most of the rule's substantive requirements, provided-that the professional engineer that certifies the plan explains the reasons for non-conformance with .the requirement, and the deviation must provide equivalent environmental protection with an alternative measure. i Further clarification is found on page 47094 of the Federal Register of July 17, 2002: " A deviation may be .used whenever an owner or operator can explain his reasons for nonconformance and provide equivalent environmental protection. Possible rationales for a deviation include when the owner or operator can show that the particular requirement is inappropriate for the facility because of good engineering practice considerations or other reasons, and that he can achieve equivalent environmental protection in an alternate manner. For example, a requiremenf that may be essential for a facility storing gasoline may be inappropriate for a facility storing asphalt; or, the .owner or operator may be able to implement equivalent. environmental protection through an alternate technology. An owner or operator may consider cost as one of the factors in deciding whether to deviate from a particular requirement, but the alternate provided must achieve environmental protection equivalent to the required measure. The owner or operator must ensure that the design of any alternate device used as a deviation is adequate for the facility, and- that the alternate device is adequately maintained. In all cases, the owner or operator -must explain in the Plan- his reason for nonconformance. Technical deviations, like other substantive technical portions of the Plan requiring the application of engineering judgement, are subject to PE certification." i Clarification on facility diagrams: §§112.7(a)(3) and (4) require a facility diagram that includes the physical layout of the facility, location and contents of each container, location of completely buried tanks that are otherwise exempted from this program (i.e. UST's that are covered by a state program), transfer stations and piping, containment structures, and prediction of flow path in the event of a spill. C7 Engineering Evaluation September 25, 2006 EMS: AGANA/CCV Page 1 of 2 Doc. # E-006 S:\4010-00055 CC & V 112(d) Permit Application\ERP, SPCC, FMP\APP-I-EngEval-5-06.doc Printed Copies are Uncontrolled Revision 03