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2014 TxDOT Short Course

FACILITY ENVIRONMENTAL COMPLIANCE It’s Not Always About NEPA 2014 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

2014 TxDOT Short Course 3

• 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


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


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


Petroleum Storage Tank (PST) Management

Highest compliance risk operation. PST operations include:

• Underground Storage Tanks (USTs).

• Above Ground Storage Tanks (ASTs).


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.


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.


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.


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.


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


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.


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


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


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


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.


Program Areas Surveyed

Waste Management.

Used Oil and Oil Filter Management.

Used Antifreeze Management.

Used Lead Acid Battery Management.

Scrap Tire Management…


General House Keeping.

Equipment Washing Wastewater Management.

Spill Prevention Control and Countermeasure Planning.

Petroleum Storage Tank Management

Program Areas Surveyed (continued)


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


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:


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.


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


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.


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


Rodney Concienne

Office 512-416-3012

[email protected]

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