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transcript
2014 TxDOT Short Course
FACILITY ENVIRONMENTAL COMPLIANCE It’s Not Always About NEPA 2014 Short Course
2014 TxDOT Short Course
Table of Contents
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3 Facility Environmental Compliance Areas
Risk of Compliance Inspection by TCEQ or EPA
Compliance Program Overview
TxDOT Facility Compliance Surveys
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1 Introduction 1
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• Environmental compliance is not always associated with a transportation projects.
• TxDOT operates roughly one maintenance section per county
• Many day-to-day operations require compliance with various environmental regulations.
• Presentation will cover: • Common compliance issues associated with
facility operations. • High risk operations. • Operations to monitor. • Compliance survey program.
It’s Not Always About NEPA
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Facility Compliance Areas Petroleum Storage Tank Management
Wastewater / Stormwater runoff Management
Spill Prevention Control and Countermeasure Planning
Waste Management
Used Oil and Oil Filter Management
Used Antifreeze Management
Used Lead Acid Battery Management
Scrap Tire Management
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Risk of Compliance Inspection by TCEQ or EPA
Petroleum Storage Tank Management
Wastewater/ Stormwater Management
Spill Prevention Control and Countermeasure Planning
Waste Management
Used Oil and Oil Filter Management
Scrap Tire Management
Used Lead Acid Battery Management
Used Antifreeze Management
Lower Risk
Lower risk only if utilizing good housekeeping
practices otherwise risk
increases
Program Area Higher Risk
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Petroleum Storage Tank (PST) Management
Highest compliance risk operation. PST operations include:
• Underground Storage Tanks (USTs).
• Above Ground Storage Tanks (ASTs).
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Petroleum Storage Tank Management USTs much higher compliance risk than ASTs.
TCEQ will inspect UST facilities once every three years.
TxDOT averages three to six UST enforcement actions a year.
Average UST penalty is $3,000 $6,000 paid by the district.
Typical UST problems cited:
• Missing or incomplete UST inventory control records for release detection.
• No proof of tightness testing for UST piping.
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Petroleum Storage Tank Management What you need to know:
Trained staff onsite?
Complete inventory control records?
What type UST systems do you have?
• Pressure system or suction system?
• Steel tank or fiberglass tanks?
UST System type determine equipment inspection and record keeping requirements.
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Wastewater Management Historically a costly problem for TxDOT.
We have better management practices today.
Issue is about controlling non-stormwater runoff from facility.
What to monitor:
– Equipment washing runoff.
– Runoff from salt stockpiles and winter mix stockpiles.
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Spill Prevention Control and Countermeasure
EPA SPCC program provides requirements for oil spill prevention, preparedness, and response to prevent oil discharges to waters and adjoining shorelines.
Triggers: Aggregate aboveground storage capacity greater than 1,320 gallons or a completely buried storage capacity greater than 42,000 gallons
Emulsion tank capacity is what typically requires a TxDOT facility to comply with requirements.
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Possibility EPA will inspect facility.
What you need to know:
• Familiarize yourself with your SPCC plans.
• Train applicable staff annually.
• Conduct monthly inspections.
• Monitor emulsion tank operations.
Spill Prevention Control and Countermeasure
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Waste Management & Recycling Typical Waste Management & Recycling Programs at the
districts include: • Used Oil and Oil Filter Management • Used Antifreeze Management • Used Lead Acid Battery Management • Scrap Tire Management
Typically TxDOT has a vendor contracted to remove waste or recycle materials.
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Things to consider: • Do you monitor recycling and waste contractors to ensure
they are following the contract terms and conditions.
• Complaints from neighbors are what usually trigger unscheduled TCEQ inspections.
• Good Housekeeping is the best defense against unwanted inspections. Walk the yards periodically to see how things look.
Waste Management & Recycling
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TxDOT Facility Survey Program
• Surveys conducted of selected TxDOT facilities and operations
• Surveys conducted for the purpose of assessing compliance with various environmental regulations associated with facility operations
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Facility Surveys Are a Valuable Compliance Tool
• Verify the effectiveness of District environmental compliance programs
• Provide feedback that will improve TxDOT
• Survey typically is an overview of many programs
• Not an in-depth review
• May single out one program area and conduct an in-depth review
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Survey Frequency
• Survey a district approximately every 18 months to 24 months.
• Travel budget, staffing and project work load determine schedule.
• May only include a representative sampling of District facilities.
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Program Areas Surveyed
Waste Management.
Used Oil and Oil Filter Management.
Used Antifreeze Management.
Used Lead Acid Battery Management.
Scrap Tire Management…
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General House Keeping.
Equipment Washing Wastewater Management.
Spill Prevention Control and Countermeasure Planning.
Petroleum Storage Tank Management
Program Areas Surveyed (continued)
2014 TxDOT Short Course
An environmental survey checklist is used to conduct each facility survey.
Survey takes approximately two hours per facility.
Deficiencies noted during the survey are indicated on the checklist.
Specific regulatory citations and recommended actions for each deficiency are included on the checklist.
Survey Procedures
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Survey Procedures District:
RQD = Required By State or Federal Rule
Category Area Reviewed NA Yes No Action Standard Reference
Used Oil Is there a designated used oil and used oil filter drum/tank? RQDUsed oil must be stored in a dedicated tank or drum. The container must be labeled USED OIL.
40 CFR §279.22 - Used
Oil Storage
Used OilAre containers covered/lids fastened and in good conditionl?
RQD Keep lids and covers closed when used oil tank is not being filled.40 CFR §279 - Used Oil
Rules 40 CFR §279.22 - Used
Oil Storage
Used Oil Is secondary containment tank in place for storage area? BMP or RQDConstruct a secondary containment berm equipped with a drain pipe and lockable valve. Secondary containment is required if the facility has a SPCC plan and the Used Oil Storage container capacity is 55 gallons or greater.
40 CFR §112 - Oil Pollution Prevention
30 TAC §324.28 - Spill Prevention and Control
Used OilAre the used oil collection and storage areas generally spill-free?
BMPHandle used oil in a manner so that spills are minimized. Spilled oil leads to polluted storm water discharge.
30 TAC §324 - Used Oil Rules
Texas Water Code Section 26.121-Unauthorized
discharge prohibited
Used OilAre empty oil and grease containers stored/disposed of properly?
BMPOil jugs and containers should be emptied by normal mechanical means. Emptied containers can be collected for recycling, if this service is available, or may be disposed of into the dumpster.
Guidance Manual - House Keeping -
Disposing of Containers
Used OilDoes the district maintain records indicating that the used oil transporter is a TCEQ/EPA registered transporter (Not necessary if self transporting one 55 gallon drum or less)?
RQDUsed oil generators must use only transporters that have obtained an EPA identification number for off-site shipments of used oil.
40 CFR 279.24
Used OilDoes the facility prevent the mixture of other waste fluids with the used oil?
BMP
Used Oil Mixed with Fuels: Mixtures of used oil with fuel or fuel products are subject to regulation as used oil under 40 CFR 279. Used Oil Mixed with Hazardous Waste: While certain mixtures of hazardous waste with used oil are allowed, such mixtures should not be routinely allowed . Unless the mixture rules are strictly followed, there is a high potential that the mixture will be classified as hazardous waste once mixed. If hazardous waste is routinely mixed with the used oil, the facility should have sufficient documentation to support that the mixture is allowed to be managed as used oil and not hazardous waste.
40 CFR 279.10(b) & (d)
Used OilWhen internally transporting used oil, does the facility ensure it transports less than one 55 gallon drum of used oil at any time?
RQDUsed oil generators may self transport up to 55 gallons of used oil to a licensed or permitted collection center or to an aggregation collection point that belongs to TxDOT.
40 CFR 279.24
Used OilIf the facility is required to maintain a SPCC plan, is the facility's used oil storage tank(s) or storage drums included in the SPCC plan.
RQDUsed oil generators are subject to all applicable SPCC requirements included in 40 CFR part 112.
40 CFR 279.22
Used OilIs the used oil storage tanks/ containers in good condition (no severe rusting, apparent structural defects or deterioration) and not leaking.
RQDContainers and above ground tanks used to store used oil must be in good condition (no severe rusting, apparent structural defects or deterioration) and not leaking (no visible leaks).
40 CFR 279.22(b)(1),(2)
Used OilAre the used oil storage tanks/containers and any associated fill pipes used to transfer used oil to the storage tank/container clearly labeled with the words "Used Oil"
RQDUsed oil storage tanks/containers and any associated fill pipes used to transfer used oil to the storage tank/container must be clearly labeled with the words "Used Oil"
40 CFR 279.22(c)(1)(2)
Used Oil FiltersDoes the facility store six or fewer 55 gallon drums of filters at any one time?
RQDFacilities may not store used oil filter that in the aggregate have a volume greater than six 55 gallons drums unless the facility is a registered used oil storage facility.
TAC 371.104(a) & (b)(1)
Used Oil FiltersDoes the district maintain copies the bills of lading for the transported used filters for a period of three years?
RQDFacilities shipping used oil filters off-site must maintain a copy of the bills of lading for a period of at least three years after the date the filters were transported off-site.
TAC 371.105(a) & (b)
Used Oil Filters
Does the district maintain records indicating that the used oil filter transporter is a TCEQ/EPA registered transporter (Not necessary if facility is self transporting one 55 gallon drum or less)?
RQDA transporter, storage facility, or processor may not store, process, recycle or dispose of used oil filters unless they are registered with the TCEQ.
TAC 371.104
BMP = Recommended Best Management Practice
TxDOT Facility Environmental Compliance ChecklistMaintenance Section Checklist
Facility:
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Survey Findings Specific facility issues are listed in a
table describing the findings and the recommended corrective actions or standards.
Recommended standards are usually a direct reference to the state or federal regulatory requirement.
When a federal or state regulatory standard is not referenced, a Best Management Practice (BMP) is recommended.
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Survey Findings Facility: Terlingua Sub-Section
Category Area Reviewed No Action Standard Reference
House Keeping
Are storage containers labeled, covered with secured lids, and in good condition? x BMP
Instruct facility personnel to protect waste or product containers from rainwater accumulation and accidental spillage (overfilling) by keeping containers covered with proper lids when not in use. Label each tank and storage container with contents.
BMP & Guidance Manual - House
Keeping - Container Management
House Keeping
Comment Section House Keeping: x
Brown drum labeled as trash needs to be properly labeled or disposed.
SPCC Does the written plan and site map accurately reflect the operations and physical layout at this facility? x RQD The written plan is a primary component of the SPCC regulation. Review the site plan for
accuracy and revise as needed when changes in facility layout or operations change.
40 CFR §112.7(e) – Guidelines for Plan
Preparation and Implementation
SPCC Are tank pump starter controls locked in the "Off" position when not in use or located in a site accessible to only to authorized personnel?
x RQD The starter control on all oil pumps must be locked in the "Off" position or located in a site accessible only to authorized personnel when the pumps are in the non-operating or stand-by status.
40 CFR §112.7(e)(9)(iii) -
Security
SPCC Does the facility conduct and document the monthly SPCC inspections as required? x RQD Monthly inspections are required as per the facility's SPCC plan. Record the inspections using
the checklists in Appendix B of the plan. 40 CFR §112.7(e)(8) - Facility Inspections
SPCC Comment Section SPCC:
x
SPCC Plan not found at facility (reviewed copy located in ENV office). Need to maintain a copy of the plan onsite. Inspection records look good, but need to add used oil tank to the inspections. Need to install lock on emulsion tank valve (it is reportedly normally locked, but was not during inspection). Fuel trailer was not being stored in containment at the time of the inspection. Plan needs to be updated to reflect changing gasoline tank to diesel and new facility supervisor.
Facility Environmental Compliance
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Requested District Actions
Districts implement corrective actions in accordance with the associated standard described in the report.
District completes a “Response Report” documenting the corrective action measures taken to address deficiencies.
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District Response Report
Requested District Actions
Facility: Alpine Maintenance
Category Area Reviewed Action District's Corrective Action
Used Oil Are the used oil collection and storage areas generally spill-free? BMP
Used Oil Does the facility prevent the mixture of other waste fluids with the used oil? BMP
Used Oil Filters
Is oil drained from the used oil filters before storage? RQD
House Keeping
Are storage containers labeled, covered with secured lids, and in good condition? BMP
SPCC Does the written plan and site map accurately reflect the operations and physical layout at this facility?
RQD
SPCC Are tank pump starter controls locked in the "Off" position when not in use or located in a site accessible to only to authorized personnel?
RQD
Facility Environmental Compliance
2014 TxDOT Short Course
Rodney Concienne
Office 512-416-3012
Rodney.Concienne@txdot.gov
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