riding the rails to environmental compliance: a railroaders guide to regulatory requirements

Riding the Rails to

Environmental

ComplianceA railroaders guide

to regulatory requirements

Presented by:

Agenda•Safety Moment•Panelist Introductions• Introductory Presentation•Case Studies•Audience Q&A•Cool Down and Audience Survey

Safety Moment• In Case of Emergency

• Emergency Exits

• First Aid & CPR Training?

• AED is located…

• Restrooms are located…

Our PanelistsModerator – Dean Krebs, P.E., Antea Group

• Presenter – Philip L. Gilchrist, CEM, Antea Group

• Panelist – Dave Buccolo, Central California Traction Company• Panelist – Tim Larson, P.E., Antea Group

Riding The Rails to Environmental Compliance

• Tree Huggers

• Recyclers

• Just a vendor

• Environmentalists

What Environmental Consultants are not…

Riding The Rails to Environmental Compliance

Environmentalists want to save the planet from business…

Riding The Rails to Environmental Compliance

Environmental Consultants want to save railroads from Environmentalists!

Riding The Rails to Environmental Compliance

A GOOD Consultant is…

• A Trusted Partner

• An Advisor

•Here to let you run your railroads!

Riding The Rails to Environmental Compliance

Phil GilchristConsultantAntea Group

Riding The Rails to Environmental Compliance

Just like driving a train… it’s easy to see the path to environmental compliance, right?

Riding The Rails to Environmental Compliance

Or is it…• Stormwater

Pollution• Spill Prevention• Facility Response

Plans• Due Diligence• Release Assessment

and Remediation

Riding The Rails to Environmental Compliance

If you aren’t paying attention, things can start to go bad…

Riding The Rails to Environmental Compliance

And pretty soon, it looks like this…

Riding The Rails to Environmental Compliance

Do you REALLY know what you don’t know?

Riding The Rails to Environmental Compliance

Did you know…

The EPA considers most railroads…• Complex Facilities• Mixed transportation and non-transportation activities• May require SPCC and/or FRP plans

Riding The Rails to Environmental Compliance

Federal Environmental Considerations• Facility Response Plans (FRP)• Required for facilities which have 1MM Gallons of oil

products…

• Transload Facilities• Storage Facilities

Riding The Rails to Environmental Compliance

Federal Environmental Considerations• Spill Prevention, Control, and Countermeasure

(SPCC)• Required for facilities which have 1,320 gallons of oil

products…• Many railroad yards and maintenance facilities

Riding The Rails to Environmental Compliance

What falls under the definition of petroleum storage?• Stored in capacities of 55 gallons or more• Fuel• New and Waste Motor Oil and Trans Fluid• Grease• Plant Oils

Riding The Rails to Environmental ComplianceDid you know…• Failure to maintain a SPCC

Plan, when required, can results in a maximum fine of $27,500 per day• The maximum fine is $137,000• The EPA does periodic

inspections of facilities suspected to require SPCC plans.

Riding The Rails to Environmental Compliance

State Environmental Considerations• Storm Water Pollution Prevention Plans (SWPPP)• Required for most railroads that maintain or wash

their locomotives and/or railroad cars• Although generally administered at the State Level,

generally authorized by the Federal Clean Water Act.

Riding The Rails to Environmental Compliance

State Environmental Considerations•Oil Spill Contingency Plans (C-Plans)• Some states like California and Washington require

additional C-Plans from railroads transporting petroleum products• Includes spill response plans on lines that threaten

State waterways• Includes “financial responsibility” requirements

Riding The Rails to Environmental Compliance

Local Environmental Considerations• Local cities, fire departments, environmental

health departments, etc.•Non-transportation related environmental issues• Hazardous materials business plans• Underground storage tank compliance• Air Quality Compliance

Riding The Rails to Environmental Compliance

Local Environmental Considerations•Air Quality• Usually administered at a state or local district level,

but authorized by the Federal Clean Air Act• Locomotive Exhaust is only ONE COMPONENT• UST/AST Compliance• Generators• Anything that has an exhaust or an emission!

Riding The Rails to Environmental Compliance

Other Environmental Considerations•Due Diligence• Property Transactions• Company Acquisitions & Mergers• Regional Environmental Issues

•Assessment and Remediation•Hazardous Waste Disposal

Riding The Rails to Environmental Compliance

Dave BuccoloGeneral ManagerCentral California Traction Company

Riding The Rails to Environmental Compliance

Famous Last Words…

“Environmental Consultants… Who needs ‘em? I can take care of this!”

Dave Buccolo, 2005

Riding The Rails to Environmental Compliance

A Case Study of What Not To Do…

Riding The Rails to Environmental Compliance

Let’s set the scene… Before Dave was hired…

CCT owned, operated, and maintained 3 USTs• 1 Gasoline Fuel / 2 Diesel Fuel + Dispensing

equipment and Piping• USTs/Dispensers removed in 1998… sort of• No Permits / No Regulatory Involvement• Monitoring wells installed incorrectly

• Leaking 600-700 gallons per month for ???

Riding The Rails to Environmental Compliance

And on Dave’s 2nd Day at CCT????

Someone wasgoing to jail…

Riding The Rails to Environmental Compliance

Resolution….• 20 Months Later• 1,000 tons of soil

removed• Estimated Cost

$2,000,000

Riding The Rails to Environmental Compliance

What we SAVED doing it ourselves…• Numerous Safety Concerns• Haz Mat Safety• Excavation Safety

• Remediation took twice as long doing it ourselves• Estimated Cost $2,000,000 was likely 2X more than it

would have cost

Riding The Rails to Environmental Compliance

Lessons Learned…•Do Not Do This Alone•Hire the RIGHT

Consultant•Due Diligence is critical

BEFORE you buy a railroad

Riding The Rails to Environmental Compliance

Tim LarsonConsultant / Senior EngineerAntea Group

Riding The Rails to Environmental Compliance

SPCC Plan Applicability (40 CFR 112)• 1,320 gallons or more of “Oil” storage (ASTs), OR

42,000 gallons underground storage (USTs)• Includes Tanks, Containers, Oil-Filled Equipment

(hydraulic jacks, transformers) 55 gallons or more • “Oil” – petroleum based, animal fats, vegetable oils,

used oil, oil mixtures (oily water)• Allows self-certification for Tier I (<10,000 gallons)• States may have rules more stringent than federal

requirements (EPA)

Riding The Rails to Environmental ComplianceSPCC Plans• Regulated Activities Common at Rail Facilities• Storage • Transfers (Truck/Rail Car to Tank and visa versa)• Consumption (Genset)• Also applies to production, refining, and distribution

Riding The Rails to Environmental ComplianceSPCC Plans• Exemptions• Tanks/containers under 55 gallons• Motive Power (Locomotives)• USTs subject to 40 CFR part 280 or 281• “Permanently Closed” containers per EPA guidelines• Tanks exclusively used for WW treatment (except for

used/recovered oil tanks)

Riding The Rails to Environmental Compliance

SPCC Plan – Common Violations• Inadequate Secondary Containment for Tanks,

Transfers, or Oil Filled Equipment• Lack of Tank Overfill Protection Equipment• Insufficient AST Inspection Program• No program at all• Inspections not conducted as described in SPCC Plan• Program does not follow Industry Standards• Lack of recordkeepingNOTE: Inspections by regulators may be conducted by EPA Regional Inspector and/or state agencies

Riding The Rails to Environmental Compliance

State AST Programs• May apply to tank owner/operators regardless if

SPCC Plan is required for the facility• Applicability varies from state to state• Varies by capacity, contents, function

• Administered by various state agencies

Riding The Rails to Environmental Compliance

Stormwater Pollution & Prevention Plan (SWPPP)INDUSTRIAL FACILITIES• Under the National Pollutant Discharge Elimination

System (NPDES) Program • EPA and authorized States issue NPDES general

permits to regulate stormwater discharges from industrial activities to prevent pollution

• NPDES permit coverage required for stormwater discharges from many types of industrial activity• Transportation facilities that have vehicle maintenance

Riding The Rails to Environmental Compliance

Stormwater Pollution & Prevention Plan (SWPPP)CONSTRUCTION SITES• …Clearing, grading, and excavating activities

that disturb one acre or more• A Construction SWPPP may be called many things.

Your state may use terms like:• Construction Best Practices Plan, Sediment and Stormwater Plan, Erosion, Sediment, and

Pollution Prevention Plan, Erosion Control Plan

Riding The Rails to Environmental Compliance

Stormwater Pollution & Prevention Plan (SWPPP)A typical SWPPP includes the following elements: • Stormwater pollution prevention team; • Site description; • Summary of potential pollutant sources; • Description of control measures (BMPs); • Schedules and procedures; • Documentation; and • Certification of the SWPPP.

Riding The Rails to Environmental Compliance

SWPPP – Common Violations• No SWPPP developed or maintained on site• Control measures described in SWPPP not used• Stormwater pollution prevention team not up-to-

date• On-site staff not familiar with SWPPP

NOTE: Inspections by regulators may be conducted by EPA Regional Inspector and/or state agencies

Riding The Rails to Environmental Compliance

Audience Q&A

What do YOU think?

Riding The Rails to Environmental Compliance

Cool down…

Audience Survey• Was this helpful?• Requested topics for next time?• Breakout Sessions at the Regional Meetings?