Antea Group consultants Dean Krebs, Phil Gilchrist, and Tim Larson presented and moderated a session on environmental compliance at the 2016 ASLRRA Connections Convention. Topics include EPA regulations, SWPPPs, FRPs, SPCCs, C-plans, air quality, and a case study.

1. Riding the Rails to
Environmental
Compliance
A railroaders guide
to regulatory
requirements
Presented by:

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

3. Safety Moment
• In Case of Emergency
• Emergency Exits
• First Aid & CPR Training?
• AED is located…
• Restrooms are located…

4. Our Panelists
Moderator – 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

5. Riding The Rails to Environmental Compliance
• Tree Huggers
• Recyclers
• Just a vendor
• Environmentalists
What Environmental Consultants are not…

6. Riding The Rails to Environmental Compliance
Environmentalists want to save
the planet from business…

7. Riding The Rails to Environmental Compliance
Environmental Consultants want to save
railroads from Environmentalists!

8. Riding The Rails to Environmental Compliance
A GOOD Consultant is…
• A Trusted Partner
• An Advisor
•Here to let you run
your railroads!

9. Riding The Rails to Environmental Compliance
Phil Gilchrist
Consultant
Antea Group

10. Riding The Rails to Environmental Compliance
Just like driving a train…
it’s easy to see the path to environmental compliance, right?

11. Riding The Rails to Environmental Compliance
Or is it…
• Stormwater
Pollution
• Spill Prevention
• Facility Response
Plans
• Due Diligence
• Release Assessment
and Remediation

12. Riding The Rails to Environmental Compliance
If you aren’t paying attention, things can start to go bad…

13. Riding The Rails to Environmental Compliance
And pretty soon, it looks like this…

14. Riding The Rails to Environmental Compliance
Do you REALLY know what you don’t know?

15. 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

16. 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

17. 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

18. 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

19. Riding The Rails to Environmental Compliance
Did 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.

20. 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.

21. 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

22. 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

23. 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!

24. 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

25. Riding The Rails to Environmental Compliance
Dave Buccolo
General Manager
Central California Traction Company

26. Riding The Rails to Environmental Compliance
Famous Last Words…
“Environmental Consultants… Who needs ‘em? I
can take care of this!”
Dave Buccolo, 2005

27. Riding The Rails to Environmental Compliance
A Case
Study of
What Not
To Do…

28. 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 ???

29. Riding The Rails to Environmental Compliance
And on Dave’s 2nd Day at CCT????
Someone was
going to jail…

30. Riding The Rails to Environmental Compliance
Resolution….
• 20 Months Later
• 1,000 tons of soil
removed
• Estimated Cost
$2,000,000

31. 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

32. 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

33. Riding The Rails to Environmental Compliance
Tim Larson
Consultant / Senior Engineer
Antea Group

34. 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)

35. Riding The Rails to Environmental Compliance
SPCC 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

36. Riding The Rails to Environmental Compliance
SPCC 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)

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

38. 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

39. 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

40. 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

41. 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.

42. 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

43. Riding The Rails to Environmental Compliance
Audience Q&A
What do YOU think?

44. Riding The Rails to Environmental Compliance
Cool down…
Audience Survey
• Was this helpful?
• Requested topics for next time?
• Breakout Sessions at the Regional Meetings?