NCG080797_COMPLETE FILE - HISTORICAL_20180619

STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
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DOC TYPE
C)<iISTORICALFILE
❑ MONITORING REPORTS
DOC DATE
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ru Aubrey L Edge, Mgr
r~ Southeast Bulk, LLC
rq 7014 AC Skinner Pkwy, Ste 290 ------------------
Jacksonville, FL_-32256--
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`2 Corriplete items 12; and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
A• Signature
X \. /V
Agent
C. pate of Delivery
t. Artita Addressed to: D. Is delivery address different from item 1? 13 Yes
If YES, enter delivery address below: ❑ No
Aubrey L Edge, Mgr JUN z 5 701
Southeast Bulk, LLC
7014 AC Skinner Pkwy, Ste 290
_ Jacksonville, FL 32256
I ���Illlilll�IIII ! I I illlll� I IIlIIII ti
9590 9402 3363 7227 0398 63
7p17 '2620 0000 9759 6289
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Asheville
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NOV-2018—PC-0194
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PS Form 3811, July 2015 PSN 7530-02-000-9053
Domestic Return Receipt

LISPS TRACKING #
fsjv, i LE First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
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9590 9402 3363 7227 0398 63
United States
Postal Service
Please print your name, address, and ZIP+4® in this box*
NC peparfmentof uOlItY
Asheville Reg oraalQOffice II
Land Quality Section
2o90 us 70 Highway F
Swannanoa, NC 28778-821 1 1

fT =
Energy, Mineral &
LandResources
ENVIRONMENTAL
June 19, 2018
CERTIFIED MAIL 47017 2620 0000 9759 6289
RETURN RECEIPT_REOUESTED
Aubrey L. Edge, Manager
Southeast Bulk, LLC
7014 AC Skinner Parkway, Suite 290
Jacksonville, FL 32256
Subject: NOTICE OF VIOLATION
NOV-2018-PC-0194
Permit No. NCG080797
Southeast Energy LLC
Buncombe County
Dear Mr. Edge:
ROY COOPER
-` Governor
MICHAEL S. REGAN
Secretary
WILLIAM E. VINSON, JR.
CO,
Interim Director
On February 14, 2018, staff of the Asheville Regional Office inspected Southeast Bulk, LLC, for
compliance with your general permit. The General Permit NCGO80797 for this facility was
rctssued to Southeast Energy, LLC on November 16, 2017, and is valid for one year. Site
inspection was due to a complaint of fuel oil being released into the French Broad River.'
Accordingly, the following observations and permit condition violations were noted during the
inspection and subsequent file review:
The facility does not have a current Stormwater Pollution Prevention Plan (SPPP). This is
a permit requirement. Southeast Bulk, LLC, must have all permit required
documentation, plans, and reports on file at the facility. The SPPP is to be updated
annually. The current copy at the facility was dated July 17, 2007.
2. Southeast Bulk, LLC, is required to conduct inspections of all stormwater systems at a
minimum on a semi-annual schedule. The inspection and any subsequent maintenance
activities performed shall be documented and included in the SPPP. Inspections are not
being conducted as required.
3. Southeast Bulk, LLC, is required to conduct Analytical Monitoring for the oil water
separator. Sampling is required twice per year during a measurable storm event.
State of North Carolina I Environmental Qualisy I Energy, Mineral and land Resources
2090 US 70 Highway I Swanaanoa, NC 28778-8211
828 296 4500 T

Page 2 of 3
Sampling has not been conducted as required.
4. Southeast Bulk, LLC, is required to conduct Qualitative Monitoring of each stormwater
outfall. The facility has 3 outfalls. Visual inspections are required twice per year
during a measurable storm event. Monitoring is not being conducted and required.
Southeast Bulk, LLC, is required to provide secondary containment for bulk storage of
liquid materials in order to prevent leaks and spills from contaminating stormwater
runoff. Onsite secondary containment is a block wall system. An underground
stormwater drainage pipe was connected to the secondary containment area
stormwater pipe leading to the French Broad River. The shut-off valve was not in
operation/left open and unlocked resulting in an unknown amount of heating oil to
be discharged thru the pipe and into the river.
Required Response
Accordingly, you are directed to respond to this letter in writing within 30 calendar days of
receipt of this Notice. Your response should be sent to this office at the letterhead address and
include the following:
1. Cease all discharges from the secondary containment area.
2. Remove all product from the 20,000 gallons, and two 15,000 gallons aboveground
storage tanks. Provide details of where the product will be moved to and if this location
has a current Stormwater Permit.
3. Install additional measures (oil -absorbent booms) at all stormwater outfalls adjacent to
the French Broad River.
4. Submit documentation that the drainage pipe connected to the secondary containment
stormwater outfall has been capped and is no longer in use.
5. Submit a current Stormwater Pollution Prevention Plan to this office and immediately
implement the plan onsite.
Thank you for your attention to this matter. This Office is considering sending a
recommendation for enforcement to the Director of the Division of Energy, Mineral, and Land
Resources regarding these issues and any future/continued violations that may be encountered.
This office requires that the violations, as detailed above, be abated immediately and
properly resolved. Environmental damage and/or failure to secure proper authorizations have
been documented on the subject tract as stated above. Your efforts to undertake activities to
bring the subject site back into compliance is not an admission, rather it is an action that must be
taken in order to begin to resolve ongoing environmental issues.
Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil
penalty assessment of up to a maximum of $25,000.00 per day for each violation. Your
above -mentioned response to this correspondence, the degree and extent of harm to the
environment and the duration and gravity of the violation(s) will be considered in any civil
penalty assessment process that may occur. Should you have any questions regarding these
matters, please contact Shawna Riddle or me at 828-296-4500.
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
2090 US 70 Highway I Swannanoa, NC 2877a-a2 i l
828 296 4500 T

Page 3 of 3
Sincerely,
Stanley E. Aiken, PEGA
Regional Engineer
Asheville Regional Office
ec: William E. Vinson, PE, Interim Director, DEMLR ([e-mail])
Zan Price, PE, Assistant Regional Supervisor Water Quality Regional Operations Section
Zan.Price ncdenr. ov
Annette Lucas, PE, Stormwater Program_ Supervisor, DEMLR,
([e-mail])
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
2090 US 70 Highway J Swannanoa, NC 28778-8211
828 296 4500 T

Riddle, Shawna
From: Skip Hutton <[e-mail]>
Sent: Tuesday, February 20, 2018 11:58 AM
To: Riddle, Shawna
Subject: [External] 288 Lyman Street Release
Mo External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
Re ort Spam.
Shawna Riddle,
Per your request I am submitting this email for the heating oil release that occurred at the bulk fuel facility located at
288 Lyman Street in Asheville. The owner of this property is Southeast Bulk, L.L.C. On February 4, 2018 at approximately
4:00 PM we were notified of the release. The Asheville Fire Department (AFD) was on site and placed a patch over two
very small holes on the bottom side of the horizontal 20,000 gallon Aboveground Storage Tank (AST) to stop the tank
release. The AFD also placed absorbent booms in the AST containment area to further contain the release. The AFD also
placed absorbent containment booms on portions of the French Broad River downstream of the release.
Our emergency response contractor (Mountain Environmental Group) was immediately contacted and quickly mobilized
to the site where they assisted the AFD to further contain the release and to clean up the impacted area. They also
removed product from the heating oil AST. In addition, they placed more adsorbent booms and pads in the storm water
catchment basin and the storm water discharge location. Vacuum trucks were used to remove floating product, sheen
and surface water from the containment area and the storm water discharge area. An excavator was used to dig a
barrier trench within the AST containment area to separate the area with visible heating oil impacts from the area with
no visible impacts. The impacted soil was then excavated and placed in roll off containers for removal and proper
disposal. A drainage pipe for the containment area was exposed during the excavation process and it was capped to
eliminate any additional discharge from the containment area. Product from the other two ASTs that contained diesel
fuel and regular gasoline was also removed.
The AFD stated the cause of the release was suspicious because the two very small holes on the bottom of the heating
oil AST were the same size and shape. They were also inline and located adjacent to each other. Significant rust was not
observed in the area of the two very small holes. The volume of released heating oil is estimated to be approximately
1,096 gallons. It is estimated that the release was stopped at approximately 6:00 PM on February 4, 20'19. Th-e release
has been stopped and steps taken to eliminate a possible reoccurrence have been taken including; the removal of
product from the three ASTs and the capping of the containment area drainage pipe.
Regards,
Skip Hutton
Director Environmental
Petro Services, Inc.
Management Company for
Southeast Bulk, L.L.C.
7014 A.C. Skinner Parkway, Suite 290
Jacksonville, FL 32256
[e-mail]
[phone] Office

(0000--
KL E/NFEL DER
Bright People. Right Solutions.
SPILL PREVENTION CONTROL AND
COUNTERMEASURE PLAN
SOUTHEAST BULK, L.L.C.
288 LYMAN STREET
ASHEVILLE, NC
MARCH 29, 2018
v or Plan Amendment: March 29, 2018
�E Certification: March 29, 2018
2018 Kleinfelder
Page i March 29, 2018
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A Report Prepared for:
Southeast Bulk, L.L.C.
7014 A.C. Skinner Parkway) Suite 290---------
Jacksonville, FL 32256
SPILL PREVENTION CONTROL AND COUNTERMEASURE PLAN
SOUTHEAST BULK, L.L.C.
288 LYMAN STREET
ASHEVILLE, NC
Prepared by:
Thomas Sipe
Staff Professional
Reviewed by:
;iwwojam----
Michael Sussman, PE
Principal Engineer
KLEINFELDER, INC.
9009 Perimeter Woods Drive I Suite H
Charlotte, NC 28269
Phone: [phone]
March 29, 2018
Kleinfelder Project No. 20183763.007A
20183763.007A j CLT18R75959 Page ii March 29, 2018
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ACTION CALL LIST
For Spill Response Procedures See Section 4
The officials that have direct responsibility for this Plan are the Area Operations Manager and the
Director of Environmental.
The names and contact information for individuals responsible for this Plan and to be notified in
the event of an oil -related spill occurring on site are presented in the Site's Emergency Response
Action Plan.
Contact information for the local emergency response agencies and spill response contractors is
maintained in the Site's Emergency Response Action Plan or by the responsible individuals
named above. The Area Operations Manager and/or Director of Environmental are responsible
for making any contact with these outside agencies and resources.
The following information must be provided in the discharge report (Appendix G):
• The exact address or location and phone number of the facility;
• The date and time of the discharge;
• The type of material discharged;
• Estimates of the total quantity discharged;
• Estimates of the quantity discharged as described in 40 CFR §112.1(b);
• The source of the discharge;
• A description of all affected media;
• The cause of the discharge;
• Any damages or injuries caused by the discharge;
• Actions being used to stop, remove, and mitigate the effects of the discharge;
• Whether an evacuation may be needed; and,
• The names of individuals and/or organizations who have also been contacted.
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PROFESSIONAL ENGINEER'S CERTIFICATION
Facility specific deficiencies that prevent. compliance_with.40 CFR 112 and required corrective
actions are detailed in Section 1.4. These corrective_ actions_ must be implemented and this Plan
may need to be revised for the facility to comply with this SPCC Plan and the requirements of 40
CFR 112.
hereby certify that lam familiar with provisions of 40 CFR 112 and hereby attest to the following:
(i) the facility has been visited and examined by me or an agent on my behalf; (ii) this Plan has
been prepared in accordance with good engineering practices, including consideration of
applicable industry standards, and with the requirements of 40 CFR 112: (iii) procedures for
required inspections and testing have been established; and (iv) this Plan is adequate for the
facility. This certification shall in no way relieve the owner or operator of his duty to fully implement
this Plan in accordance with 40 CFR 112.7, as required.
Engineer:
Michael A. Sussman, PE
Engineer's Seal
Signature:
1«
Date:
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CAROB
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State:
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License No.:
29275
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Firm Authorization:
F-1312
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MANAGEMENT APPROVAL
This SPCC Plan is fully supported by the management of Southeast Bulk, L.L.C. and will be
implemented as described, with a commitment of manpower, equipment, and materials required
to expeditiously control and remove any reportable quantity of oil discharged to a water of the
United States. The SPCC Plan shall be amended whenever there is a significant change in facility
design, construction, operation, or maintenance, which materially affects the facility's potential for
discharge of oil into or upon navigable waters of the United States or adjoining shorelines. Such
amendments shall be fully implemented as soon as possible, but not later than six months after
such changes occur.
A complete review and evaluation of the SPCC Plan shall be made at least once every five years.
As a result of this review and evaluation, the SPCC Plan shall be amended within six months of
the review to include more effective prevention and control technology if:
1. Such technology will significantly reduce the likelihood of a spill event from the facility; and
2. If such technology has been field proven at the time of the review.
A professional engineer must certify the amendment.
The owner or operator shall submit this SPCC Plan to the Regional Administrator within 60 days
of a single discharge of more than 1,000 U.S. gallons of oil or oil products contaminating navigable
waters, or if more than 42 U.S. gallons of oil or oil products in each of 2 discharges occur within
any 12-month period.
Signature:
Name:
Title:
Date:
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TABLE OF CONTENTS
ACTION CALL LIST ....................... "'
PROFESSIONAL ENGINEER'S CERTIFICATION ...... ............:—........................................... iv
MANAGEMENTAPPROVAL.................................................................................................... v
1 INTRODUCTION AND FACILITY DESCRIPTION......................................................... 1
1.1 GENERAL INFORMATION................................................................................ 2
1.2 OIL HANDLING AND USAGE FACILITIES........................................................ 2
1.3 SITE DRAINAGE CHARACTERISTICS............................................................. 3
1.4 DEVIATIONS PER 40 CFR 112.7(A)(2)............................................................. 4
2 PREDICTION OF POTENTIAL SPILLS......................................................................... 6
2.1 LOADING AND UNLOADING AREA................................................................. 6
2.2 STORAGE TANKS............................................................................................. 6
2.3 OIL FILLED OPERATING EQUIPMENT............................................................ 7
2.4 MOBILE OR PORTABLE OIL STORAGE CONTAINERS ................................. 7
3 SPILL PREVENTION, CONTROL AND COUNTERMEASURE METHODS .................. 9
3.1 PREVENTATIVE MEASURES........................................................................... 9
3.1.1 OIL TRANSFER................................................................................................. 9
3.1.2 TRAINING.......................................................................................................... 9
3.1.3 INSPECTION, TESTS AND RECORDKEEPING...............................................10
3.1.4 SECURITY.........................................................................................................11
3.1.5 CONTAINER OVERFILL PREVENTION...........................................................12
3.2 CONTROL AND COUNTERMEASURE............................................................12
3.2.1 CONTAINMENT.....................................................................................12
4 SPILL CONTINGENCY PLAN......................................................................................14
4.1 GENERAL RESPONSE PROCEDURES...........................................................14
4.2 EQUIPMENT.....................................................................................................14
5 IMPLEMENTATION......................................................................................................15
6 LIMITATIONS....................................................................................................................16
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TABLES
Table 1A Oil Storage Container Capacity
Table 1 B Oil -Filled Operating Equipment Capacity
Table 2 Potential Failure Modes
APPENDICES
A Figures
B Regulatory Cross Reference and 40 CFR 112
C. Substantial Harm Determination
D SPCC Plan Review and Amendment Log
E Standard Operating Procedure for Fuel Unloading
F Secondary Containment Calculations
G Inspection Sheets and Spill Documentation Form
H Records
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SPILL PREVENTION CONTROL AND COUNTERMEASURE PLAN
SOUTHEAST BULK, L.L.C.
288. LYMAN,STREET
ASHEVILLE,_NC J
1 INTRODUCTION AND FACILITY DESCRIPTION
The Oil Pollution Prevention Rule (Title 40 Code of Federal Regulations, Part 112) was enacted
to protect the navigable waters of the United States from oil pollution. This regulation requires that
the company in charge of the facility provide the following to minimize the chances of a harmful
oil spill:
• Education of oil handling personnel
• Safety devices to prevent equipment failures
• Secondary containment or channeling structures
• Inspection procedures
• Management of change procedures
• Spill response measures
North Carolina has no state requirements beyond the federal Spill Prevention, Control, and
Countermeasure Plan (SPCC Plan or Plan) standards. EPA Region 4 is responsible for the
administration and enforcement of the federal SPCC Plan requirements. See Appendix B for a
regulatory cross-reference for this Plan. A Plan review and amendment log is located in
Appendix D.
The Code of Federal Regulations Title 40 §112.1 (b) describes that a SPCC Plan is required for
"any owner or operator of a non -transportation -related onshore or offshore facility engaged in
drilling, producing, gathering, storing, processing, refining, transferring, distributing, using, or
consuming oil and oil products, which due to its location, could reasonably be expected to
discharge oil in quantities that may be `harmful'... into or upon the navigable waters of the United
States or adjoining shorelines,... or that may affect natural resources belonging to, appertaining
to, or under the exclusive management authority of the United States... that has oil in: (1) any
aboveground container; (2) any completely buried tank as defined in §112.2; (3) any container
that is used for standby storage, for seasonal storage, or for temporary storage, or not otherwise
"permanently closed" as defined in §112.2; or (4) any "bunkered tank" or "partially buried tank" as
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defined in §112.2, or any container in a vault, each of which is considered an aboveground storage
container for purposes of this part."
This SPCC Plan has been prepared in accordance with the requirements of Title 40 CFR § 112
as amended July 17, 2002, December 26, 2006, December 5, 2008, and November 5, 2009.
1.1 GENERAL INFORMATION
Owner:
Southeast Bulk, L.L.C.
7014 A.C. Skinner Parkway, Suite 290
Jacksonville, FL 32256
Refer to Appendix A for the site location map.
Facility Address:
288 Lyman Street
Asheville NC 28786
Coordinates: 351, 34' 57.9"N, 830 34' 0.5" W.
288 Lyman Street is a bulk oil storage facility and the facility SIC code is 5171. The facility is
located in Buncombe County, North Carolina as depicted on Figure 1. The facility encompasses
approximately 2.214 acre parcel of land (Parcel Numbers 9638-96-7111-00000 and 9638-95-
8960-00000) and consists of a paved parking area, an office, bulk storage tank farm, out of service
tanks and associated loading rack, and unpaved soil and vegetation. The general topography of
the site and site vicinity is depicted on Figure 1. The site plan depicting the physical layout of the
facility is included as Figure 2. The facility site plan shows the aboveground oil storage areas and
the general drainage patterns for the oil storage and handling areas.
1.2 OIL HANDLING AND USAGE FACILITIES
Oil is broadly defined in 40 CFR §112 to include petroleum, fuel oil, sludge, synthetic oils, mineral
oils and other oil products and waste. Aboveground storage tanks (ASTs), and other oil storage
areas, are present at this facility which meet the applicability requirements for inclusion in this
SPCC Plan. There is one underground storage tank (UST) at this facility used for storing waste
oil and it is associated with the oil/water separator. The oil storage locations are depicted on the
site plan (Figure 2).
Oil storage tanks and oil -filled operational equipment that has 55 gallons or greater capacity were
inventoried as part of the preparation of this Plan. Oil storage tanks that are subject to this Plan
are listed in Table 1A. Oil -filled operating equipment that is part of this Plan are listed in Table 1 B.
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All oil storage tanks located at this facility are of a material and construction that is compatible
with the storage conditions of that tank. In service oil storage tanks and related aboveground
piping at the facility meet the secondary containment requirements of §112.7(c), §112.8(c)(2) and
§112.8(c)(111 and are protected from vehicular traffic.
The facility has a total oil storage capacity in excess of 1,320 gallons and therefore is required to
implement this Plan. Because oil storage also exceeds 10,000 gallons the facility does not qualify
as a Tier I or II Qualified Facility subject to streamlined requirements.
Due to the volume of oil stored at this facility it has been determined that this facility is not required
to develop a Facility Response Plan (FRP) inasmuch as the total oil storage capacity is less than
1 million gallons. A form documenting this is located in Appendix C.
1.3 SITE DRAINAGE CHARACTERISTICS
The site is generally graded to the west. Stormwater in the area of the ASTs generally flows to
the west into the French Broad River that is located approximately 110 feet west of the property
across Lyman street (Figure 1). A potential spill leaving the site could impact the French Broad
River.
Three stormwater drain inlets were observed in the asphalt area to the north of the onsite office
structure. These drains appear to carry surface runoff west to the French Broad River.
One stormwater drain inlet was observed within the bermed area adjacent to the out of service
loading rack and appeared to direct water northwest to the onsite oil -water separator. The oil -
water separator appears to discharge into the French Broad River and may connect to the
municipal storm sewer system located in the roadway right-of-way north of the property line.
One stormwater drain inlet was observed west of the lube oil AST containment area and appears
to discharge to the French Broad River.
According to the Flood Insurance Rate Map (FIRM) Panel 1301380275D as provided by the
Federal Emergency Management Authority (FEMA), the Property is located within a 100-year
FEMA flood zone
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1.4 DEVIATIONS PER 40 CFR 112.7(A)(2)
Deviations' include equivalent measures for providing environmental protection and procedures
that were found to be impracticable to implement at the facility. For the purposes of this Plan,
deviations also include portions of the facility that may or may not meet the requirements 40 CFR
§112. The facility will address these non -compliant or potentially non -compliant deviations before
the time frame specified. Deviations noted following a facility site visit, key individual interviews,
and document review include the following:
a.. The facility operates one underground storage tank (UST) that collects oil from the
oil/water separator. The construction and installation details for this UST were unavailable.
The SPCC rule requires that metallic USTs installed on or after January 10, 1974 be
protected from corrosion by coatings or cathodic protection compatible with local soil
conditions. The facility must verify the material of construction and installation date of the
UST and as necessary implement a corrosion protection measure.
b. Once the details of the UST have been determined, the facility must establish and
implement a method to regularly leak test the UST.
c. Cracks were observed in the lube oil concrete block containment wall that reduce the
containment capacity. The capacity is still sufficient to meet the requirements of 40 CFR
112, however it is recommended that the cracks be repaired before they propagate and
cause further loss of integrity.
The above deviations should be addressed within 6 months of the date of this Plan. The Plan will
then be revised to reflect the changes.
The following deviation has been addressed by providing equivalent environmental protection
measures:
a. Tank 14 is not equipped with a level gauge or similar device as required by 40 CFR
112.8(c)(8). The tank top is not accessible to allow gauging. Equivalent environmental
' The SPCC Plan may deviate from the requirements, except the secondary containment requirements
in paragraphs (c) and (h)(1) of this section, and §§112.8(c)(2), 112.8(c)(11), 112.9(c)(2), 112.9(d)(3),
112.10(c), 112.12(c)(2), 112.12(c)(11), where applicable to a specific facility, if you provide equivalent
environmental protection by some other means. Where the Plan does not conform to the applicable
requirements you must state the reasons for nonconformance in your Plan and describe in detail
alternate methods and how you will achieve equivalent environmental protection.
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protection is provided to minimize the potential for an overfill through the use of strict
inventory control to ensure capacity for each delivery. The total inventory in this tank is
maintained well below the total tank shell capacity to allow for additional overfill protection.
Personnel are present during all unloading events to monitor the tank.
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2 PREDICTION OF POTENTIAL SPILLS
Where experience indicates a reasonable potential for equipment failure (such as loading or
unloading equipment, tank overflow, rupture, or leakage, or any other equipment known.to be a
source of a discharge to the environment), the facility Plan must include a prediction of the
direction, rate of flow, and total quantity of oil that could be discharged to the environment from
the facility as a result of each type of major equipment failure.
The potential failure modes and details of potential failures for the facility are provided in Table 2
and a discussion is provided, below.
2.1 LOADING AND UNLOADING AREA
Incoming delivery vehicles load into the storage tanks from a transfer point on the south side of
the storage tank enclosure. The oil stored at the site is unloaded into local delivery vehicles at
this same location. This unloading equipment does not include the equipment to be defined as a
loading rack per 40 CFR 112 and therefore sized secondary containment is not required. The
largest compartment of a Southeast Bulk, L.L.C. truck loaded at this location is 1,000 gallons and
the largest compartment of a supplier's delivery truck unloading at this location is estimated to be
2,500 gallons.
2.2 STORAGE TANKS
The facility maintains aboveground storage tanks (ASTs). Refer to Figure 2 for the location of the
site ASTs. These tanks have potential oil spill scenarios:
• The 10,000 gallon tank itself could rupture, and its contents would be contained
within the existing containment. If the containment was breached due to natural
disaster, the release would flow west towards the French Broad River.
• During unloading from the tank, a tanker truck has the potential of a rupture in
a single compartment. The Southeast Bulk, L.L.C. tanker trucks typically have
three compartments of 1,000, 800, and 600 gallons, respectively. Thus, rupture
of a single compartment could result in a maximum spill of 1,000 gallons.
• During unloading to the tank, a supplier's delivery tanker truck has the potential
of a rupture in a single compartment. The largest supplier delivery tanker truck
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compartment is estimated to be 2,500 gallons. Thus rupture of a single
compartment could result in a release of approximately 1,000 — 2,500 gallons.
• Smaller volume (and more likely) potential spill events coming from these areas
are rupture of the transfer hose during loading or unloading of oil, leaks from
fittings and valves, and drainage of the transfer hose into the area.
All of the in-service ASTs are shop fabricated. The tanks on -site do not contain internal heating
coils. There are additional out of service tanks that are field constructed, however as these are
permanently out of service those tanks are not considered further in this Plan
In order to be considered "Permanently Closed" and be exempt from SPCC requirements, a tank
must meet the following criteria:
- All liquid and sludge has been removed from container and connecting line,
- All piping has been disconnected from the container and blanked off,
- All valves (except ventilation valves) have been closed and locked, and
- Conspicuous sign has been posted stating that it is a permanently closed and noting the
date of closure.
The facility maintains a used oil UST associated with the oil/water separator. This UST is not
subject to the state of federal UST program and therefore it remains subject to the SPCC
requirements. A release from this UST may impact soil and groundwater in the area, but is not
expected to impact a navigable water. Except through pollutant loading through the
interconnecting groundwater.
2.3 OIL FILLED OPERATING EQUIPMENT
Any oil containing transformers or other electrical switch gear located at the facility would be
maintained by the power company and are under their control and responsibility. There are no
other oil filled equipment that is reported to have a reservoir containing 55 gallons of oil or more.
If present, oil filled operating equipment will be listed in Table 1 B.
2.4 MOBILE OR PORTABLE OIL STORAGE CONTAINERS
There are no mobile or portable oil storage containers owned or operated by the facility on -site.
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2.4.1 Piping
There are no in-service buried pipelines at the facility. Out of service pipelines are not discussed
in this plan. Aboveground piping is located adjacent to the tanks. Pipe supports visually appear
to be in good condition, adequately spaced, designed to minimize abrasion and corrosion and
allow for expansion and contraction.
Traffic cones or other measures will be placed around the equipment when oil transfer operations
are taking place to divert traffic and warn all vehicles entering the facility that oil transfer operations
are taking place. Vendors making oil deliveries are told to follow designated roadways and to
obey facility signage.
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3 SPILL PREVENTION, CONTROL AND COUNTERMEASURE METHODS
3.1 PREVENTATIVE MEASURES
The Area Manager is in charge of implementing oil discharge prevention at the facility. The
measures used to prevent and control discharges are described in the following sub -sections.
3.1.1 Oil Transfer
Training - There will be a trained person present at all times during oil product handling and
transfers. Only personnel trained in the safe operation and use of the equipment, operation of
emergency controls, and in procedures to be followed in an emergency are authorized to conduct
oil transfers. In addition, oil delivery truck drivers are required to follow the regulations of the US
Department of Transportation under 49 CFR 177 that are applicable. An unloading procedure
such as found in Appendix E, or similar, is recommended to be used during unloading.
Oil Handling Equipment — Most oil handling equipment will be visually observed during each use
by personnel working in the area and monitored continuously during use. In addition, oil handling
equipment also undergoes documented monthly and annual inspections.
Loading/Unloading Materials — The delivery driver or fueling personnel are to standby the
emergency shut-off system or deadman controls during oil product transfers. No cell phones or
other distractive devices or materials should be present. If installed, the tanks' liquid level
measurement devices shall be checked by the delivery driver prior to loading to ensure there is
adequate capacity in the tank. The connection and/or valve placement must be confirmed to
ensure delivery is to the correct tank. The hand brake will be set on vehicles prior to
loading/unloading fuel and wheel chocks will be applied.
3.1.2 Training
Annual SPCC spill training will be provided for personnel involved with handling petroleum
products and/or responsible for spill response at the site. The training provided shall include the
following topics:
1. An introduction to pollution control laws, rules and regulations pertaining to the use and
storage of petroleum products;
2. Inspection, operation and maintenance of spill equipment, and petroleum storage and
dispensing equipment;
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3. Spill response and cleanup;
4. Spill notification and record keeping; and
5. Spill prevention practices
Site personnel shall be knowledgeable of the following:
1. The procedure and mitigating measures to be taken in case of a spill.
2. Location of shutoff valves.
3. Location and usage of Action Call List.
4. Location of spill containment equipment.
5. Operation and maintenance of containment equipment.
Records of attendance at training and topics covered shall be maintained by the Area Operations
Manager. The annual SPCC training shall be documented. This information shall be filed and
maintained for at least 3 years with this Plan or in other designated location that is readily
accessible to the facility management.
3.1.3 Inspection, Tests and Recordkeeping
Facility tanks shall be inspected in accordance with the Steel Tank Institute's Standards for the
Inspection of Aboveground Storage Tanks (STI-SP001). Inspection record forms should be
completed for each AST monthly and annually. Forms consistent with STI-SP001 are provided in
Appendix G, these forms or substantially equivalent forms shall be used. Based on STI-SP001,
the site ASTs would qualify as Category 1 tanks, which require monthly and annual visual
inspections. In addition to that visual inspection, STI-SP001 requires that Category 1 ASTs
between 5,000 and 50,000 gallons in capacity receive a formal external inspection every 20 years.
This frequency may be modified based on the results of the prior inspection as allowed by the
standard. Formal inspections will be conducted by an STI-SP001 and/or API-653 certified
inspector. A summary of the inspections is provided below.
The ASTs shall be inspected monthly, and the results recorded on the Monthly AST Inspection
Report or a substantially equivalent reporting form (Appendix G). The monthly inspection reports
shall be signed by the inspector and kept for at least 3 years with this Plan or in another designated
location that is readily accessible to the facility management. Inspections include observations of
the exterior of the tanks for signs of deterioration or spills (leaks), observations of tank foundation
and supports for signs of instability, and observations of the vent, fill and discharge pipes for signs
of poor connection that could cause a spill. All petroleum tank and piping problems shall be
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immediately reported to the Area Manager. Visible oil spills or leaks shall be repaired or replaced
as soon as possible.
A more thorough visual -inspection will'be completed irinually, and the results recorded on the
Annual AST Inspection Report or another ssubstantially equivalent form (Appendix G). The annual
inspection reports shall be signed by the inspector and kept for at least 3 years. Records will be
maintained in hard copy or electronic format in a designated location that is readily accessible to
the facility management.
The site shall conduct regular monthly inspections of all aboveground valves, piping, and
appurtenances. During the inspection the general condition of the following items are assessed,
if present:
• flange joints;
• expansion joints;
• valve glands and bodies;
• catch pans;
• pipeline supports;
• locking of valves; and
• metal surfaces.
Piping conditions that could lead to a release are noted on the Monthly AST Inspection Report
(Appendix G) in the last column "Other Considerations That Should Be Addressed for Continued
Safe Operation or That May Affect the SPCC Plan" or on a substantially equivalent reporting form.
The facility maintains a used oil UST associated with the oil/water separator. Once established
the methods for inspecting the UST, regularly gauging the UST contents, ensuring continued
operability of the corrosion protection measures, and for regularly leak testing the UST will be
described here.
3.1.4 Security
The following security measures are in place:
• Areas around the ASTs are fenced and access is locked when unattended.
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• Based on the facility fencing, lighting, the master flow and drain valves and any
other valves permitting direct outward flow of the ASTs contents to the surface
have adequate security measures so they remain closed when in non -
operating or non -standby status.
• The oil dispensers are secured in an "off' position when the pump is in non -
operating or non -standby status.
• The loading and unloading connections of oil pipelines are capped when not in
service or when in standby mode for an extended time.
• Facility lighting is provided near the main ingress points to deter vandalism.
3.1.5 Container Overfill Prevention
Tank overfill control measures are described in Table 1A. The bulk storage containers at the
facility are equipped with at least one of the following liquid level sensing devices:
(i) Alarms — Tanks are equipped with high liquid level alarms with an audible and/or visual
signal set to alarm when the liquid level in the tank reaches a predetermined level.
(ii) Pump Cutoff Devices — Tanks are equipped with high liquid level pump cutoff devices
set to stop flow when the liquid level in the tank reaches a predetermined level.
(iii) Level Gauge —Tanks are equipped with a visual gauge that is read before product is
added to the tank to ensure it will hold the intended delivery quantity.
(iv) Tank Gauging — Tanks are manually gauged with a measurement stick to determine
available volume before oil transfer into the tank.
The liquid level sensing devices, if present, are tested on a regular basis and documentation is
maintained as a matter of standard business course.
3.2 CONTROL AND COUNTERMEASURE
The following control and countermeasures are in place:
• Spill containment exists for each tank as described in Table 1A.
• Spill cleanup materials are maintained on site and will be used for active containment of
any spills, as needed. See Section 4.0 for additional information.
The facility drainage from the oil handling areas is designed to direct runoff and discharges
towards the secondary containment area.
3.2.1 Containment
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The entire containment system, including walls and floor, must be capable of containing oil and
must be constructed so that any discharge from a primary containment system, such as a tank or
pipe, will not escape the containment system before cleanup occurs. At a minimum, one of the
following prevention systems or its equivalent are required for onshore facilities: dikes, berms, or
retaining walls sufficiently impervious to contain oil; curbing; culverting, gutters, or other drainage
systems; weirs, booms, or other barriers; spill diversion ponds; retention ponds; or sorbent
materials. Where secondary containment is deemed infeasible, additional requirements including
more stringent testing and the development of an Oil Spill Contingency Plan must be met.
The block wall containment system is sufficient to hold the contents of the largest single AST. Net
containment capacity shown in Appendix F. Stormwater accumulating in the oil storage
secondary containment is normally allowed to evaporate. A manually operated drain valve is
present for draining the containment area. The dike drain valve shall only be opened and resealed
under supervision if the drainage is into a storm drain or open water, bypassing the facility
treatment system. If the secondary containment area needs to be emptied and no sheen is
present, the contents are drained out. If the secondary containment area needs to be emptied
and a sheen is present, the sheen can be removed using adsorbents, the liquid can be processed
in the oil water separator if there is suitable capacity, or the liquid is pumped out and sent to an
approved disposaVrecycle contractor_ in accordance with all local, State, and Federal regulations.
The source of any observed sheen is investigated. Records are kept of any discharge of the
containment area on the Containment Area Drainage Record form or a substantially equivalent
form (see Appendix G).
Drainage from undiked areas such as oil transfer operations is controlled by active spill response
measures, including the use of absorbent material.
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4 SPILL CONTINGENCY PLAN
4.1 GENERAL RESPONSE PROCEDURES
In the event of an oil spill, personnel will follow the procedures as outlined in the facility's
Emergency Response Plan. The Emergency Response Plan outlines the measures for
controlling, containing, and recovering oil that has been discharged into or upon navigable waters
or adjoining shorelines in such quantities that may be harmful. The Plan details the navigable
waters that are at risk, responsibilities of site personnel, procedures for controlling a spill, and
emergency responders and contractors that must be contacted. Spills must be documented using
the Spill/Incident Report Form or a substantially equivalent form found in Appendix G.
4.2 EQUIPMENT
The facility maintains the necessary equipment and supplies to aid in the control and removal of
spilled material. Spill response equipment will be maintained at the facility which at a minimum,
include the following materials:
• Chemically resistant container
• Absorption materials (e.g. spill pads)
• Spill absorbing socks
• Personal protective equipment (PPE) (e.g. goggles, gloves, etc.)•
In addition, the following spill response equipment will be maintained at the facility:
• Barrier tape
• Fire extinguisher
• Shovel
• Broom
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5
Implementation of the Plan is as follows:
IMPLEMENTATION
KL E/NFEL OER
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sRECORD10CATION.
Visually inspect Monthly Area Operations
SPCC Plan or other location
tank and oil storage Manager or designee
designated in SPCC Plan
areas as per Plan
inspection sheets
Visually inspect
Monthly
Area Operations
SPCC Plan or other location
aboveground piping
Manager or designee
designated in SPCC Plan
as per Plan
inspection sheets
Inspect, gauge, and
Tasks and
Area Operations
SPCC Plan or other location
leak test UST
schedule TBD
Manager or designee
designated in SPCC Plan
Visually inspect
Annually
Area Operations
SPCC Plan or other location
tank areas as per
Manager or designee
designated in SPCC Plan
Plan inspection
sheets
Inspect and/or
Annually or as
Area Operations
SPCC Plan or other location
calibrate overfill
required by
Manager or designee
designated in SPCC Plan
prevention devices
manufacturer
Training
Annually
Area Operations
Company training records
Manager or designee
system.
Plan review and
Every 5 years
Area Operations
SPCC Plan
update
or within 6
Manager or designee
months of a
change'to the
facility
Perform formal
Every 20
Area Operations
SPCC Plan
external and
years or as
Manager or designee
internal inspections
determined
by STI/API
based on past
inspector
inspection
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6 LIMITATIONS
Regulations and professional standards applicable to Kleinfelder's engineering services are
continually evolving. Different professionals may reasonably adopt different approaches to similar
problems. Kleinfelder's work was performed in accordance with the generally accepted
engineering practice that exists at the time its services are rendered and may depend on, and be
qualified by, information gathered previously by others and provided to Kleinfelder by Client.
The information included on graphic representations in this report has been compiled from a
variety of sources and is subject to change without notice. Kleinfelder makes no representations
or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use
of such information. These documents are not intended for use as a land survey product, nor are
they designed or intended as a construction design document. The use or misuse of the
information contained on these graphic representations is at the sole risk of the party using or
misusing the information.
WHAT IS NOT COVERED IN THIS SPCC PLAN?
• Completely buried underground storage tanks that are subject to 40 CFR §280
or §281; however, aboveground transfers to/from these tanks are covered in
this Plan and the tank locations are shown on the site Plan.
• The facility operates motor vehicles that provide their own means of propulsion
(e.g. trucks, automobiles, etc.). The definition of these motive power containers
was clarified in Federal Register (FR) 77266 (December 26, 2006) and motive
power containers are specifically exempted. The capacity of the motive power
fuel sources is not included in calculation of the oil storage capacity of the
facility.
• Electrical transformers at the facility that are owned and operated by the local
utility company. The facility does not own, operate, or otherwise have control
over the transformers and therefore, the electrical transformers are not
discussed in greater detail and are not included in this SPCC Plan.
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TABLES
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TABLE 1A: OIL STORAGE TANKICONTAINER CAPACITY
DESIGNATIONTANK
a■
OF •TANKOVERFILL
ID#
I LOCATION
(GALLONS)
CONSTRUCTION CONTAINMENT
PROTECTION
A
Lube Oil Tank
AST
2,000
Lube Oil
Shop Constructed Block wall secondary
Site tube. Personnel
Farm
Steel containment with
present during
concrete floor
unloading to monitor
gauges.
B
Lube Oil Tank
AST
1,500
Lube Oil
Shop Constructed
Block wall secondary
Site tube. Personnel
Farm
Steel
containment with
present during
concrete floor
unloading to monitor
gauges.
C
Lube Oil Tank
AST
1,500
Lube Oil
Shop Constructed
Block wall secondary
Site tube. Personnel
Farm
Steel
containment with
present during
concrete floor
unloading to monitor
gauges.
0
Lube Oil Tank
AST
4,000
Lube Oil
Shop Constructed
Block wall secondary
Site tube. Personnel
Farm
Steel
containment with
present during
concrete floor
unloading to monitor
gauges.
E
Lube Oil Tank
AST
2,500
Lube Oil
Shop Constructed
Block wall secondary
Site tube. Personnel
Farm
Steel
containment with
present during
concrete floor
unloading to monitor
gauges.
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OVERFILL
I LOCATION
(GALLON
CONSTRUCTION CONTAINMENT
PROTECTION
F Lube Oil Tank
AST 4,000
Lube Oil
Shop Constructed Block wall secondary
Site tube. Personnel
Farm
Steel containment with
present during
concrete floor
unloading to monitor
gauges.
1
Lube Oil Tank
AST
2,000
Lube Oil
Shop Constructed
Block wall secondary
Tank is manually
Farm
Steel
containment with
gauged prior to
concrete floor
loading. Personnel
present during
unloading to monitor
gauges.
2
Lube Oil Tank
AST
2,000
Lube Oil
Shop Constructed
Block wall secondary
Tank is manually
Farm
Steel
containment with
gauged prior to
concrete floor
loading. Personnel
present during
unloading to monitor
gauges.
3
Lube Oil Tank
AST
2,000
Lube Oil
Shop Constructed
Block wall secondary
Tank is manually
Farm
Steel
containment with
gauged prior to
concrete floor
loading, Personnel
present during
unloading to monitor
gauges.
4
Lube Oil Tank
AST
2,000
Lube Oil
Shop Constructed
Block wall secondary
Tank is manually
Farm
Steel
containment with
gauged prior to
concrete floor
loading. Personnel
present during
unloading to monitor
gauges.
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RTYPE
CAPACITY
PRODUCT OF • R OVERFILL
M(GALLONS)
CONSTRUCTION CONTAINMENT PROTECTION
5
Lube Oil Tank
AST
6,000
Lube Oil Shop Constructed Block wall secondary Tank is manually
Farm
Steel containment with gauged prior to
concrete floor loading. Personnel
present during
unloading to monitor
gauges.
6
Lube Oil Tank
AST
10,000
Lube Oil
Shop Constructed
Block wall secondary
Tank is manually
Farm
Steel
containment with
gauged prior to
concrete floor
loading. Personnel
present during
unloading to monitor
gauges.
7
Lube Oil Tank
AST
10,000
Lube Oil
Shop Constructed
Block wall secondary
Tank is manually
Farm
Steel
containment with
gauged prior to
concrete floor
loading. Personnel
present during
unloading to monitor
gauges.
8
Lube Oil Tank
AST
10,000
Lube Oil
Shop Constructed
Block wall secondary
Tank is manually
Farm
Steel
containment with
gauged prior to
concrete floor
loading. Personnel
present during
unloading to monitor
gauges.
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r OVERFILL
r •
-•r
I LOCATION
(GALLONS)
CONSTRUCTION
CONTAINMENT PROTECTION
9
Lube Oil Tank
AST
10,000 Lube Oil
Shop Constructed
Block wall secondary Tank is manually
Farm
Steel
containment with gauged prior to
concrete floor loading. Personnel
present during
unloading to monitor
gauges.
10
Lube Oil Tank
AST
10,000
Lube Oil
Shop Constructed
Black wall secondary
Tank is manually
Farm
Steel
containment with
gauged prior to
concrete floor
loading. Personnel
present during
unloading to monitor
gauges.
11
Lube Oil Tank
AST
10,000
Lube Oil
Strop Constructed
Black wall secondary
Tank is manually
Farm
Steel
containment with
gauged prior to
concrete Floor
loading. Personnel
present during
unloading to monitor
gauges.
12
Lube Oil Tank
AST
10,000
tube Oil
Shop Constructed
Block wall secondary
Tank is manually
Farm
Steel
containment with
gauged prior to
concrete floor
loading. Personnel
present during
unloading to monitor
gauges.
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S LK EINFEL DER
TANK DESIGNATION•D
OF •
OVERFILL
ID# I LOCATION
(CALLONS�
CONSTRUCTION CONTAINMENT
PROTECTION
13 Lube Oil Tank
AST
10,000
Lube Oil
Shop Constructed Block wall secondary
Tank is manually
Farm
Steel containment with
gauged prior to
concrete floor
loading. Personnel
present during
unloading to monitor
gauges.
14
Lube Oil Tank
AST
2,000
Lube Oil
Shop Constructed
Block wall secondary
Inventory control is
Farm
Steel
containment with
used to ensure
concrete floor
capacity for
delivery. Total
inventory is
maintained well
below shell
capacity. Personnel
present during
unloading to
monitor.
15
Lube Oil Tank
AST
2,000
Lobe Oil
Shop Constructed
Block wall secondary
Tank is manually
Farm
Steel
containment with
gauged prior to
concrete floor
loading. Personnel
present during
unloading to monitor
gauges.
16
Lube Oil Tank
AST
2,000
Lube Oil
Shop Constructed
Block wall secondary
Tank its manually
Farm
Steel
containment with
gauged prior to
concrete floor
loading. Personnel
present during
unloading to monitor
gauges.
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NOTE:. Some of the above tanks may be empty or temporarily out of service. Three permanently out of service riveted horizontal tanks
are located on the southern portion of the property. Oil filled lines and loading arms associated with those tanks are also permanently out
of service.
TABLE 1 B: OIL -FILLED OPERATING EQUIPMENT CAPACITY
FIGURE MATERIALS OF SECONDARY
I LOCATION TYPE CAPACITYI (GALLONS) I
PRODUCT I COSTRT UCTION CONA NMENT
. - mmmmm
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0

LK I NFELOEf7
TABLE 2: TANKS ! EQUIPMENT POTENTIAL FAILURE MODES
ID •
STORAGEDIRECTION
OF •
QUANTITY
CONTAINER•
• • •
•
'
DESCRIPTION•
•
•
q g
Complete
Yes West towards French Broad
10,000
10,000
C, D,
1,500 - Failure
River
E, F
10,000 gal.
and
Oil ASTs Overfill or
Yes
West towards French Broad
50
50
1 — 18
pipe leak
River
UST
Leak
No
West towards French Broad
10
TBD
UST at OM
River
Separator
Overfill
No
West towards French Broad
10
150
River
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APPENDIX A
FIGURES
20183763.007A I CLT18R75959 March 29, 2018
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Source: USA Topo Maps was obtained from ESRI Basemap. Back Drop to Project Boundary
represents 7.5 Minute Quadrangle sheet for Asheville, North Carolina.
M
��1��.`1irich =`•
Legend
r •!1 f' l%Q1� "t ° 4 s IV
Q Approximate Property Boundary
Tha in to rmahon in crudsd an It.. p. phic g. ,Xhnlanpn has been compiled from a I 7] J ) ( \r
vanety of sources end is SVBjecf !a change mihaut notice, gainfeldar makes na I I-Ote - ,�` / ^�\ • � ,�r
ropresentaions or warranties. erpresa dr impYed, as to accuracy, oiun o'eness, I\ ll 'J�--` \���i—+•l-,`I \1�� r]
4 6mp-rss or nghrs in the use of such inr—ohnn, This dodurnenl is nol Intended v1 ti
tar use as a land survey prdd-1 rar is d designed or inlp ded e a a Conslrucfwn The following property bouildaries;were�taken from the legs
design document. The use orm+dose cl the inlormat- canlained on this grepnic \ 71 's 1L7�. E'Y•/ j.\` .;r/,'! '! �lti !"ti• %t l l S".' •may-_ •�
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. _r \1i►i1[\\S��
PROJECT NO. 20170275.001A FIGURE
DRAWN: 5/2/2016 Project Location Map
(lIKLENF-AELDAER IDRAWN BY: NL
CHECKED BY' RBS
Bright People. Right Solutions. Mountain Energy Store #306
FILE NAME: 16-0601--288 1 288 Lyman Street
www.kleinfelder.com LymanSt EDD•Location,mxd Asheville, Buncombe County, North Carolina

t' «+
a tF" .,�, � s, � •y>a i!r� , ', Source 2075 Digital Orthaimagery obtained from NC OneMap GeoSpatial Portal. �
r} f
�
cn',''i'kL 'ei 1 .°Y �rY '7Z• y� �•�•r 't'
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OILIWATER
SEPARATOR
C y _
STORMIDRAIN INLET 11 cr l W IF i, 3 i
^�,+' (i•` UNDERGRO DL'INEFROM + r'
�DRAINITO;•OILrIWATER'SEP,4RATOR
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LOAEIING'RACK t �•
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it
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/
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dadgn document. The vss or mlEuse o/th - 1 rmebon cant atl an rh- BePmc ` . -� t { Q Approximate Property Boundary
repnsenlalion Is et tha Eale risk of lhep Ry 9ing ar misusrng the inform aon. � i L � >• � �
fixa a..»hzr. �+./Ma•r,xl., Ent asa r r �3 iI [i_
PROJECT NO. 20170275.001A FIGURE
DRAWN: 312912018 Site Map
(KLAE1NF'AELDjER DRAWN BY: NCD 2
CHECKED BY: MS
Bright People. Right Solutions. Mountain Energy Store #306
FILE NAME: 18-0329-288 288 Lyman Street
www.kleinfelder.com LymanSt-SPCC-Aerial.mxd Asheville, Buncombe County, North Carolina

Lube Oil AST Layout
Product: Tank # Capacity
MIX
A
2000
CHEVRON 46
B
1500
mix
C
1500
mix
1
2000
mix
2
2000
ROTE LLAT30W
3
2000
mix
4
2000
mix
5
6000
BLADE OIL
6
10,000
AW-68
7
10,000
AW-32
8
10,000
15W-40 CI
9
10,000
1OW-30
10
10,000
xrREME/SYN-GARD 15W-4004
11
10,000
ROTELLA 15W-40 T-3
12
10,000
5W-30
13
10,000
AW-32
14
2,000
5W-20
D
4,000
BLADE OIL
E
2,500
AW-68
F
4,000
Hydro Gard ISO-46
15
2,000
1993 Mix
116
2,000
! OR
! r
! o Z 1
1 g
0 or
�o a°
1 !
!
A A
1 �
1 �
i�veavrEvvv�vvvad

(K L E/NFEL DER
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APPENDIX B
REGULATORY CROSS REFERENCE
20183763.007A I CLT18R75959 March 29, 2018
© 2018 Kleinfelder www.kleinfelder.com

(K�LINF]EL DER
PROVISION OF
REQUIREMENT•
112.3(d)
Professional Engineer Certification Page v
112.3(e)
Location of SPCC Plan
Page vi
112.5
Plan Review
Page vi
Appendix D
112.7
Management Approval
Page vi
112.7
Cross -Reference with SPCC Rule
Appendix B
112.7(a)(3)
General'Facility Information and Site Plans and Oil
Section 1
Storage Locations
Appendix A
112.7(a)(4) &
Response Procedures
Page iii, iv, and
5
Section 4.1
112.7(b)
Prediction of Potential Failure Modes
Section 2
Table 2
112.7(c)
Containment and Diversionary Structures
Section 1.2
112.7(d)
Contingency Planning
Sections 4.0
Appendix I
112.7(e)
Inspections, Tests, and Recordkeeping
Section 3.1.3
Appendix F
112.7(t
Employee training and discharge prevention procedures.
Section 3.1
112.7(g)
Security
Section 3.2
Appendix E
112.7(h)
Loading/unloadingLoading/unloading
Section 2.1
112.7(i)
Brittle Fracture Evaluation
Section
3.1.3
112.70)
Conformance with Applicable State and Local
Section 1
Requirements
112.7(k)
Operational Oil -filled Equipment
Section 2.3
Table 1 B
112.8(b)
Site Drainage Characteristics
Section 1.3
112.8(c)(1)
Bulk Storage Containers Materials of Construction
Section 1.2
Table 1A and I
112.8(c)(2)
Bulk Storage Container Secondary Containment
Section 1.2
Table 1A and 1B
112.8(c)(3)
Bulk Storage Container Drainage of Diked Areas
Section 1.2
112.8(c)(4)
Cathodic Protection
Section 1.2
Table 1A
and 1 B
20183763.007A I CLT18R75959 March 29, 2018
© 2018 Kleinfelder www.kleinfelder.com

(KLE1A1F-,E-LDER
\-� Bright People. Fight Scl'Vws.
PROVU f OF
!
f
•i
112.8(c)(5)
Partially Buried and Bunkered Storage Tanks
Not Applicable
- -- -
(There -are -no partially -buried -metallic -tanks containing oil
on site.)
112.8(c)(6)
Integrity Testing
Section 3.1.3
Appendix F
112.8(c)(7)
Heating Coils
Not Applicable
The tanks on -site do not contain heating coils.
112.8(c)(8)
Container Overfill Prevention
Section 3.1.5
Table 1 A
112.8(c)(9)
Effluent Treatment Facilities
Not Applicable
The facility does not maintain treatment facilities
112.8(c)(10)
Visible Discharges
Page iv
112.8(c)(11)
Mobile and Portable Containers
Section 2.4
Table I
112.8(d)
Facility Transfer Operations, Pumping and Facility
Section 2
Processes
112.20(e)
Certification of Substantial Harm Determination
Appendix C
For a complete list of SPCC requirements, refer to the full text of 40 CFR Part 112.
20183763.007A I CLT18R75959 March 29, 2018
© 2018 Kleinfelder www.kleinfelder.com

Environmental Protection Agency
engine on a public vessel) and any dis-
charges of such oil accumulated in the
bilges of a vessel discharged in compli-
ance with MARPOL 73/78, Annex I, as
provided in 33 CFR part 151, subpart A;
(b) Other discharges of oil permitted
under MARPOL 73178. Annex I. as pro-
vided in 33 CFR part 151, subpart A; and
(c) Any discharge of oil explicitly
permitted by the Administrator in con-
nection with research, demonstration
projects. or studies relating to the pre-
vention. control, or abatement of oil
pollution.
[61 FR 7421, Feb. 28, 1996]
§ 110.6 Notice.
Any person in charge of a vessel or of
an onshore or offshore facility shall, as
soon as he or she has knowledge of any
discharge of oil from such vessel or fa-
cility in violation of section 311(b)(3) of
the Act. immediately notify the Na-
tional Response Center (NRC) (800--124-
8802: in the Washington. DC metropoli-
tan area. 202-426-2675). If direct report-
ing to the NRC is not practicable, re-
ports may be made to the Coast Guard
or EPA predesignated On -Scene Coordi-
nator (OSC) for the geographic area
where the discharge occurs. All such
reports shall be promptly relayed to
the NRC. If it is not possible to notify
the NRC or the predesignated OCS im-
mediately, reports may be made imme-
diately to the nearest Coast Guard
unit, provided that the person in
charge of the vessel or onshore or off-
shore facility notifies the NRC as soon
as possible. The reports shall be made
in accordance with such procedures as
the Secretary of Transportation may
prescribe. The procedures for such no-
tice are set forth in U.S. Coast Guard
regulations, 33 CFR part 153, subpart B
and in the National Oil and Hazardous
Substances Pollution Contingency
Plan, 40 CFR part 300. subpart E.
(Approved by the office of Management and
Budget under control number 2050-0046)
[52 FR 10719. Apr. 2, 1987. Redesignated and
amended at 61 FR 7421. Feb. 28, 1996: 61 FR
14032, Mar. 29, 1%61
Pt. 112
PART 112—OIL POLLUTION
PREVENTION
Subpart A —Applicability, Definitions, and
General Requirements For All Facilities
and All Types of Oils
19
Sec.
112.1 General applicability.
112.2 Definitions.
112.3 Requirement to prepare and imple-
ment a Spill Prevention. Control, and
Countermeasure Plan.
112.4 Amendment of Spill Prevention, Con-
trol, and Countermeasure Plan by Re-
gional Administrator.
112.5 Amendment of Spill Prevention, Con-
trol, and Countermeasure Plan by owners
or operators.
112.6 Qualified Facility Plan Requirements.
112.7 General requirements for Spill Preven-
tion, Control, and Countermeasure
Plans.
Subpart B—Requirements for Petroleum
Oils and Non -Petroleum Oils, Except
Animal Fats and Oils and Greases,
and Fish and Marine Mammal Oils;
and Vegetable Oils (Including Oils
from Seeds, Nuts, Fruits, and Kernels)
112.8 Spill Prevention, Control, and Coun-
termeasure Plan requirements for on-
shore facilities (excluding production fa-
cilities).
112.9 Spill Prevention, Control. and Coun-
termeasure Plan Requirements for on-
shore oil production facilities (excluding
drilling and workover facilities).
112.10 Spill Prevention, Control, and Coun-
termeasure Plan requirements for on-
shore oil drilling and workover facilities.
112.11 Spill Prevention. Control, and Coun-
termeasure Plan requirements for off-
shore oil drilling. production, or
workover facilities.
Subpart C—Requirements for Animal Fats
and Oils and Greases, and Fish and
Marine Mammal Oils; and for Vege-
table Oils, Including Oils from Seeds,
Nuts, Fruits and Kernels
112.12 Spill Prevention, Control, and Coun-
termeasure Plan requirements.
112.13-112.15 [Reserved]
Subpart D—Response Requirements
112.20 Facility response plans.
112.21 Facility response training and drills/
exercises.
APPENWX A TO PART 112—MENIORANnti'li OF
UNDERSTANDiNO BETWEEN THE SECRETARY

§ 112.1
OF TRANSPORTATION AND THE ADMINIS-
TRATOR OF THE ENVIRONMENTAL PROTEC-
T1ox AGENCY
APPE\DIx B TO PART 112—MEMORANDUM OF
UNDERSTANDING AMONG THE SECRETARY
OF THE INTERIOR. SECRETARY OF TRANS-
PORTATION. AND ADIHNTSTRATOR OF THE
ENVIRON6SENTAr, PROTPGTION AGE\cF
APPENDIX C TO PART 112—SUDSTANTIAL HARM
CRITERIA
APPENDIX D TO PART 112—DETERMINATION OF
A WORST CASE DISCHARGE PLANNING VOL-
UME
AFPFNDIX F TO PART 112—DETER-1IINATION
AND EVALUATION OF REQUIRED RESPONSE
RESOURCES FOR FACILrrY RE$PM3E
PLANS
APPI.NDIx F TO PART 112-17ACU-rry-SPECIFIC
RESPONSE PLAN
APPE\D[x G TO PART 112—TIER I QUALIFIED
FACILITY SPCC PLAN
AUTHORITY: 33 U.S.C. 1251 et seq.; 33 U.S.C.
2720: E.O. 12777 (October 18. 1991). 3 CFR. 1991
Comp., p. 351,
SOURCE: 36 FR 34165. Dec. 11. 1973, unless
otherwise noted.
EDITORIAL NOTE: Nomenclature changes to
part 112 appear at 65 FR 40798, June 30, 2000.
Subpart A—Applicabllity, Defini-
tions, and General Require-
ments for All Facilities and All
Types of Oils
SOuRcE: 67 FR 47140, .July 17, 2002, unless
otherwise noted.
§ 112.1 General applicability.
(a)(1) This part establishes proce-
dures. methods, equipment, and other
requirements to prevent the discharge
of oil from non -transportation -related
onshore and offshore facilities into or
upon the navigable waters of the
United States or adjoining shorelines,
or into or upon the waters of the con-
tiguous zone, or in connection with ac-
tivities under the Outer Continental
Shelf Lands Act or the Deepwater Port
Act of 1974, or that may affect natural
resources belonging to, appertaining
to, or under the exclusive management
authority of the United States (includ-
ing resources under the Magnuson
Fishery Conservation and Management
Act).
(2) As used in this part, words in the
singular also include the plural and
words in the masculine gender also in-
20
40 CFR Ch. 1 (7-1-13 Edition)
elude the feminine and vice versa, as
the case may require.
(b) Except as provide([ in paragraph
(d) of this section, this part applies to
any owner or operator of a non -trans-
portation -related onshore or offshore
facility engaged in drilling, producing,
gathering. storing. processing, refining,
transferring, distributing, using, or
consuming oil and oil products, which
due to its location. could reasonably be
expected to discharge oil in quantities
that may be harmful, as described in
part 110 of this chapter, into or upon
the navigable waters of the United
States or adjoining shorelines, or into
or upon the waters of the contiguous
zone. or in connection with activities
under the Outer Continental Shelf
Lands Act or the Deepwater Port Act
of 1974. or that may affect natural re-
sources belonging to, appertaining to,
or under. the exclusive management au-
thority of the United States (including
resources under the Magnuson Fishery
Conservation and Management Act)
that has oil in:
(1) Any aboveground container;
(2) Any completely buried tank as de-
fined in § 112.2;
(3) Any container that is used for
standby storage, for seasonal storage,
or for temporary storage, or not other-
wise "permanently closed" as defined
in § 112,2;
(4) Any "bunkered tank" or "par-
tially buried tank" as defined in §112.2,
or any container in a vault, each of
which is considered an aboveground
storage container for purposes of this
part.
(c) As provided in section 313 of the
Clean Water Act (CWA), departments,
agencies, and instrumentalities of the
Federal government are subject to this
part to the same extent as any person.
(d) Except as provided in paragraph
(f) of this section, this part does not
apply to:
(1) The owner or operator of any fa-
cility, equipment, or operation that is
not subject to the jurisdiction of the
Environmental Protection Agency
(EPA) under section 311(j)(1)(C) of the
CWA, as follows:
(i) Any onshore or offshore facility,
that due to its location, could not rea-
sonably be expected to have a dis-
charge as described in paragraph (b) of

Environmental Protection Agency
this section. This determination must
be based solely upon consideration of
the geographical and location aspects
of the facility (such as proximity to
navigable waters or adjoining shore-
lines, land contour. drainage. etc.) and
must exclude consideration of man-
made features such as dikes, equipment
or other structures, which may serve
to restrain, hinder. contain. or other-
wise prevent a discharge as described
in paragraph (b) of this section.
(ii) Any equipment, or operation of a
vessel or transportation -related on-
shore or offshore facility which is sub-
ject to the authority and control of the
U.S. Department of Transportation, as
defined in the Memorandum of Under-
standing between the Secretary of
Transportation and the Administrator
of EPA, dated November 24, 1971 (ap-
pendix A of this part).
(iii) Any equipment• or operation of a
vessel or onshore or offshore facility
which is subject to the authority and
control of the U,S. Department of
Transportation or the U.S. Department
of the Interior. as defined in the Memo-
randum of Understanding between the
Secretary of Transportation, the Sec-
retary of the Interior, and the Admin-
istrator of EPA, dated November 8, 1993
(appendix li of this part).
(2) Any facility which, although oth-
erwise subject to the jurisdiction of
EPA, meets both of the following re-
quirements:
(i) The completely buried storage ca-
pacity of the facility is 42,000 U.S. gal-
lons or less of oil. For purposes of this
exemption, the completely buried stor-
age capacity of a facility excludes the
capacity of a completely buried tank,
as defined in § 112.2, and connected un-
derground piping, underground ancil-
lary equipment. and containment sys-
tems, that is currently subject to all of
the technical requirements of part 280
of this chapter or all of the technical
requirements of a State program ap-
proved under part 281 of this chapter,
or the capacity of any underground oil
storage tanks deferred under 40 CFR
part 280 that supply emergency diesel
generators at a nuclear power genera-
tion facility licensed by the Nuclear
Regulatory Commission and subject to
any Nuclear Regulatory Commission
provision regarding design and quality
21
§ 112.1
criteria, including, but not limited to,
10 CFR part 50. The completely buried
storage capacity of a facility also ex-
cludes the capacity of a container that
is `permanently closed," as defined in
§ 112.2 and the capacity of intra-facility
gathering lines subject to the regu-
latory requirements of 49 CFR part 192
or 195.
(ii) The aggregate aboveground stor-
age capacity of the facility is 1,320 U.S.
gallons or less of oil. For the purposes
of this exemption, only containers with
a capacity of 55 U.S. gallons or greater
are counted. The aggregate above-
ground storage capacity of a facility
excludes:
(A) The capacity of a container that
is "permanently closed" as defined in
§ 112.2;
(B) The capacity of a "motive power
container" as defined in § 112.2;
(C) The capacity of hot -mix asphalt
or any hot -mix asphalt container:
(D) The capacity of a container for
heating oil used solely at a single-fam-
ily residence:
(E) The capacity of pesticide applica-
tion equipment and related mix con-
tainers.
(F) The capacity of any milk and
milk product container and associated
piping and appurtenances.
(3) Any offshore oil drilling. produc-
tion. or workover facility that is sub-
ject to the notices and regulations of
the Minerals Management Service, as
specified in the Memorandum of Under-
standing between the Secretary of
Transportation, the Secretary of the
Interior, and the Administrator of
EPA. dated November B. 1993 (appendix
B of this part).
(4) Any completely buried storage
tank, as defined in § 112.2, and con-
nected underground piping, under-
ground ancillary equipment, and con-
tainment systems, at any facility, that
is subject to all of the technical re-
quirements of part 280 of this chapter
or a State program approved under
part 281 of this chapter. or any under-
ground oil storage tanks including
below -grade vaulted tanks, deferred
under 40 CFR part 280. as originally
promulgated. that supply emergency
diesel generators at a nuclear power
generation facility licensed by the Nu-
clear Regulatory Commission, provided

§ 112.1
that such a tanks is subject to any Nu-
cleae• Regulatory Commission provision
regarding design and quality criteria,
including. but not limited to, 10 CFR
part 50. Such emergency generator
tanks must be marked on the facility
diagram as provided in § 112.7(a)(3). if
the facility is otherwise subject to this
part.
(5) Any container with a storage ca-
pacity of less than 55 gallons of oil.
(5) Any facility or part thereof used
exclusively for wastewater treatment
and not used to satisfy any require-
ment of this part. The production, re-
covery, or recycling of oil is not waste-
water treatment for purposes of this
paragraph,
(7) Any "motive power container." as
defined in §112.2. The transfer of fuel or
other oil into a motive power container
at an otherwise regulated facility is
not eligible for this exemption.
(8) Hot -mix asphalt, or any hot -mix
asphalt container.
(9) Any container for heating oil used
solely at a single-family residence.
(10) Any pesticide application equip-
ment or related mix containers.
(11) Intra-facility gathering lines sub-
ject to the regulatory requirements of
99 CFR part 192 or 195, except that such
a line's location must be identified and
marked as -`exempt" on the faeillty
diagram as provided in §112.7(a)(3), if
the facility is otherwise subject to this
part.
(12) Any milk and milk product con-
tainer and associated piping and appur-
tenances.
(e) This part establishes require-
ments for the preparation and imple-
mentation of Spill Prevention, Control,
and Countermeasure (SPCC) Plans.
SPCC Plans ar•e designed to com-
plement existing laws, regulations,
rules. standards, policies, and proce-
dures pertaining to safety standards.
fire prevention, and pollution preven-
tion rules. The purpose of an SPCC
Plan is to form a comprehensive Fed-
eral/State spill prevention program
that minimizes the potential for dis-
charges. The SPCC Plan must address
all relevant spill prevention, control,
and countermeasures necessary at the
specific facility. Compliance with this
part does not in any way relieve the
owner or operator of an onshore or an
VA
40 CFR Ch. 1 (7-1-13 Edition)
offshore facility from compliance with
other Federal, State. or local laws.
(f) Notwithstanding paragraph (d) of
this section, the Regional Adminis-
trator may require that the owner or
operator of any facility subject to the
jurisdiction of EPA under section 311(j)
of the CWA prepare and implement an
SPCC Plan, or any applicable part, to
carry out the purposes of the CWA.
(1) Following a preliminary deter-
mination, the Regional Administrator
must provide a written notice to the
owner or operator stating the reasons
why he must prepare an SPCC Plan. or
applicable part. The Regional Adminis-
trator must send such notice to the
owner or operator by certified mail or
by personal delivery. If the owner or
operator is a corporation, the Regional
Administrator must also mail a copy of
such notice to the registered agent. if
any and if known, of the corporation in
the State where the facility is located.
(2) Within 30 days of receipt of such
written notice. the owner or operator
may provide information and data and
may consult with the Agency about the
need to prepare an SPCC Plan. or appli-
cable part.
(3) Within 30 clays following the time
under paragraph (b)(2) of this section
within which the owner or operator
may provide information and data and
consult with the Agency about the
need to prepare an SPCC Plan, or appli-
cable part. the Regional Administrator
must make a final determination re-
garding whether the owner or operator
is required to prepare and implement
an SPCC Plan. or applicable part. The
Regional Administrator must send the
final determination to the owner or op-
erator by certified mail or by personal
delivery. If the owner or operator is a
corporation, the Regional Adminis-
trator must also mail a copy of the
final determination to the registered
agent, if any and if known, of the cor-
poration in the State where the facility
is located.
(4) If the Regional Administrator
makes a final determination that an
SPCC Plan, or applicable part, is nec-
essary, the owner or operator must pre-
pare the Plan. or applicable part. with-
in six months of that final determina-
tion and implement the Plan, or appli-
cable part, as soon as possible, but not

Environmental Protection Agency
later than one year after the Regional
Administrator has made a final deter-
mination.
(5) The owner or operator may appeal
a final determination made by the Re-
gional Administrator requiring prepa-
ration and implementation of an SPCC
Flan. or applicable part, under this
paragraph. The owner or operator must
make the appeal to the Administrator
of EPA within 30 days of receipt of the
final determination under paragraph
(b)(3) of this section from the Regional
Administrator requiring preparation
and/or implementation of an SPCC
Flan, or applicable part. The owner or
operator must send a complete copy of
the appeal to the Regional Adminis-
trator at the time he makes the appeal
to the Administrator. The appeal must
contain a clear and concise statement
of the issues and points of fact in the
case. In the appeal, the owner or oper-
ator may also provide additional infor-
mation. The additional information
may be from any person. The Adminis-
trator may request additional informa-
tion from the owner or operator. The
Administrator must render a decision
within 60 days of receiving the appeal
or additional information submitted by
the owner or operator and must serve
the owner or operator with the decision
made in the appeal in the manner de-
scribed in paragraph (f)(1) of this sec-
tion.
l67 FR 47140. July 17, 2002, as amended at 71
FR 77290, Dec. 26, 2006; 73 FR 74300, Dec. 5,
2008: 74 FR 58809, Nov. 13, 2009; 76 PR 21660,
Apr. 18, 20111
112.2 Definitions.
For the purposes of this part:
Adverse weather means weather condi-
tions that make it difficult for re-
sponse equipment and personnel to
clean up or remove spilled oil. and that
must 'be considered when identifying
response systems and equipment in a
response plan for the applicable oper-
ating environment. Factors to consider
include significant wave height as
specified in appendix F to this part (as
appropriate), ice conditions, tempera-
tures, weather -related visibility, and
currents within the area in which the
systems or equipment is intended to
function.
23
§ 112.2
Alteration means any work on a con-
tainer involving cutting, burning,
welding, or heating operations that
changes the physical dimensions or
configuration of the container.
Animal fat means a non -petroleum
oil, fat. or grease of animal, fish, or
marine mammal origin.
Breakout tank means a container used
to relieve surges in an oil pipeline sys-
tem or to receive and store oil trans-
ported by a pipeline for reinjection and
continued transportation by pipeline.
Bulk storage container means any con-
tainer used to store oil. These con-
tainers are used for purposes including,
but not limited to, the storage of oil
prior to use, while being used, or prior
to further distribution in commerce.
Oil -filled electrical, operating, or man-
ufacturing equipment is not a bulk
storage container,
Bunkered tank means a container
constructed or placed in the ground by
cutting the earth and re-covering the
container in a manner that breaks the
surrounding natural grade, or that lies
above grade. and is covered with earth.
sand, gravel, asphalt, or other mate-
rial, A bunkered tank is considered an
aboveground storage container for pur-
poses of this part.
Completely buried Lank means any
container completely below grade and
covered with earth, sand, gravel, as-
phalt, or other material. Containers in
vaults. bunkered tanks, or partially
buried tanks are considered above-
ground storage containers for purposes
of this part.
Coniple.r means a facility possessing a
combination of transportation -related
and non -transportation -related compo-
nents that is subject to the jurisdiction
of more than one Federal agency under
section 311(j) of the CWA.
Contiguous zone means the zone es-
tablished by the United States under
Article 24 of the Convention of the Ter-
ritorial Sea and Contiguous Lone, that
is contiguous to the territorial sea and
that extends nine miles seaward from
the outer limit of the territorial area.
Contract or other approved means
means:
(1) A written contractual agreement
with an oil spill removal organization
that identifies and ensures the avail-
ability of the necessary personnel and

§ 112.2
equipment, within appropriate response
times; and/or
(2) A written certification by the
owner or operator that the necessary
personnel and equipment resources.
owned or operated by the facility
owner or operator, are available to re-
spond to a discharge within appro-
priate response times: and/or
(3) Active membership in a local or
regional oil spill removal organization
that has identified and ensures ade-
quate access through such membership
to necessary personnel and equipment
to respond to a discharge within appro-
priate response times in the specified
geographic area: and/or
(4) Any other specific arrangement
approved by the Regional Adminis-
trator upon request of the owner or op-
erator.
Discharge includes, but is not limited
to. any spilling. leaking• pumping.
pouring• emitting, emptying, or dump-
ing of oil. but excludes discharges in
compliance with a permit under sec-
tion 402 of the CWA; discharges result-
ing from circumstances identified. re-
viewed, and made a part of the public
record with respect to a permit issued
or modified under section 402 of the
CI A, and subject to a condition in
such permit; or continuous or antici-
pated intermittent discharges from a
point source, identified in a permit or
permit application under section 402 of
the CWA, that are caused by events oc-
curring within the scope of relevant op-
erating or treatment Systems. For pur-
poses of this part, the term discharge
shall not include any discharge of oil
that is authorized by a permit issued
under section 13 of the River and Har-
bor Act of 1999 (33 U.S.C. 407).
Facility means any mobile or fixed.
onshore or offshore building, property.
parcel. lease. structure, installation.
equipment, pipe, or pipeline (other
than a vessel or a public vessel) used in
oil well drilling operations, oil produc-
tion, oil refining. oil storage. oil gath-
ering, oil processing. oil transfer, oil
distribution, and oil waste treatment,
or in which oil is used, as described in
appendix A to this part. The bound-
aries of a facility depend on several
site -specific factors, including but not
limited to, the ownership or operation
of buildings, structures, and equipment
24
40 CFR Ch. 1 (7-1-13 Edition)
on the same site and types of activity
at the site. Contiguous or non-contig-
uous buildings, properties. parcels,
leases. structures, installations, pipes,
or pipelines under the ownership or op-
eration of the same person may be con-
sidered separate facilities. Only this
definition governs whether a facility is
subject to this part.
Farm means a facility on a tract of
land devoted to the production of crops
or raising of animals, including fish,
which produced and sold, or normally
would have produced and sold, $1,000 or
more of agricultural products during a
year.
Fish and wildlife and sensitive environ-
inenis means areas that may be identi-
fied by their legal designation or by
evaluations of Area Committees (for
planning) or members of the Federal
On -Scene Coordinator's spill response
structure (during responses). These
areas may include wetlands, National
and State parks• critical habitats for
endangered or threatened species, wil-
derness and natural resource areas,
marine sanctuaries and estuarine re-
serves, conservation areas, preserves,
wildlife areas. wildlife refuges, wild
and scenic rivers. recreational areas,
national forests. Federal and State
lands that are research national areas,
heritage program areas, land trust
areas. and historical and archae-
ological sites and parks. These areas
may also include unique habitats such
as aquaculture sites and agricultural
surface water intakes, bird nesting
areas, critical biological resource
areas• designated migratory routes,
and designated seasonal habitats.
Injury means a measurable adverse
change, either long- or short-term, in
the chemical or physical quality or the
viability of a natural resource result-
ing either directly or indirectly from
exposure to a discharge, or exposure to
a product of reactions resulting from a
discharge.
Loading/unloading rack means a fixed
structure (such as a platform, gang-
way) necessary for loading or unload-
ing a tank truck or tank car. which is

Environmental Protection Agency
located at a facility subject to the re-
quirements of this part. A loading/un-
loading rack includes a loading or un-
loading arm, and may include any com-
bination of the following: piping as-
semblages. valves. pumps, shut-off de-
vices, overfill sensors, or personnel
safety devices.
Ma.xirnum extent practicable means
within the limitations used to deter-
mine oil spill planning resources and
response times for on -water recovery.
Shoreline protection, and cleanup for
worst case discharges from onshore
non -transportation -related facilities in
adverse weather. It includes the
planned capability to respond to a
worst case discharge in adverse weath-
er, as contained in a response plan that
meets the requirements in § 112.20 or in
a specific plan approved by the Re-
gional Administrator.
Mobile refueler means a bulk storage
container onboard a vehicle or towed.
that is designed or used solely to store
and transport fuel for transfer into or
from an aircraft. motor vehicle. loco-
motive, vessel. ground service equip-
ment. or other oil storage container.
Motive power container means any on-
board bulk storage container used pri-
marily to power the movement of a
motor vehicle. or ancillary onboard oil -
filled operational equipment. An on-
board bulk storage container which is
used to store or transfer oil for further
distribution is not a motive power con-
tainer. The definition of motive power
container does not include oil drilling
or workover equipment, including rigs.
Navigable waters of the United States
means "navigable waters" as defined in
section 502(7) of the FWPCA, and in-
cludes:
(1) All navigable waters of the United
States. as defined in judicial decisions
prior to passage of the 1972 Amend-
ments to the FWPCA (Pub. L. 92-500).
and tributaries of such waters;
(2) Interstate waters:
(3) Intrastate lakes, rivers, and
streams which are utilized by inter-
state travelers for recreational or
other purposes; and
(4) Intrastate lakes, rivers. and
streams from which fish or shellfish
are taken and sold in interstate com-
merce.
25
§ 112.2
Non-ioetroleunz oil means oil of any
kind that is not petroleum -based, in-
cluding but not limited to: Fats, oils.
and greases of animal, fish, or marine
mammal origin; and vegetable oils, in-
cluding oils from seeds, nuts, fruits,
and kernels.
Offshore facility means any facility of
any kind (other, than a vessel or public
vessel) located in, on, or under any of
the navigable waters of the United
States, and any facility of any kind
that is subject to the jurisdiction of
the United States and is located in, on,
or under any other waters.
Oil means oil of any kind or in any
form, including, but not limited to:
fats, oils, or greases of animal. fish. or
marine mammal origin: vegetable oils,
including oils from seeds. nuts, fruits,
or kernels; and. other oils and greases.
including petroleum. fuel oil, sludge,
synthetic oils. mineral oils, oil refuse,
or oil mixed with wastes other than
dredged spoil.
Oil -filled operational equipment means
equipment that includes an oil storage
container (or multiple containers) in
which the oil is present solely to sup-
port the function of the apparatus or
the device. Oil -filled operational equip-
ment is not considered a bulk storage
container, and does not include oil -
filled manufacturing equipment (flow -
through process). Examples of oil -filled
operational equipment include, but are
not limited to, hydraulic systems. lu-
bricating systems (e.g., those for
pumps, compressors and other rotating
equipment, including pumpjack lubri-
cation systems), gear boxes, machining
coolant systems, heat transfer sys-
tems, transformers, circuit breakers,
electrical switches, and other systems
containing oil solely to enable the op-
eration of the device.
Oil Spill Removal Organization means
an entity that provides oil spill re-
sponse resources, and includes any for -
profit or not -for -profit contractor, co-
operative, or in-house response re-
sources that have been established in a
geographic area to provide required re-
sponse resources.
Onshore facility means any facility of
any kind located in. on. or under any
land within the United States. other
than submerged lands.

§ 112.2
Owner or operator means any person
owning or operating an onshore facility
or, an offshore facility, and in the case
of any abandoned offshore facility, the
person who owned or operated or- main-
tained the facility immediately prior
to such abandonment.
Partially buried tank means a storage
container that is partially inserted or -
constructed in the ground, but not en-
tirely below grade, and not completely
covered with earth, sand, gravel, as-
phalt, or other• material. A partially
buried tank is considered an above-
ground storage container for purposes
of this part.
Permanently closed means any con-
tainer or facility for which:
(1) All liquid and sludge has been re-
moved from each container, and con-
necting line; and
(2) All connecting lines and piping
have been disconnected from the con-
tainer and blanked off. all valves (ex-
cept for ventilation valves) have been
closed and locked, and conspicuous
signs have been posted on each con-
tainer stating that it is a permanently
closed container and noting the date of
closure.
Person includes an individual, firm,
corporation, association, or partner-
ship.
Petroleuan oil means petroleum in any
form. including but not limited to
crude oil, fuel oil, mineral oil, sludge,
oil refuse. and refined products.
Produced water container means a
storage container at an oil production
facility used to store the produced
water after initial oiliwater separation,
and prior to reinjection, beneficial
reuse. discharge, or transfer for dis-
posal.
Production facility means all struc-
tures (including but not limited to
wells. platforms, or storage facilities),
piping (including but not limited to
flowlines or intra-facility gathering
lines), or, equipment (including but not
limited to workover equipment, sepa-
ration equipment, or auxiliary non -
transportation -related equipment) used
in the production, extraction, recovery.
lifting. stabilization, separation or
treating of oil (including condensate),
or associated storage or measurement.
and is located in an oil or gas field, at
a facility. This definition governs
26
40 CFR Ch. 1 (7-1-13 Edition)
whether such structures, piping. or
equipment are subject to a specific sec-
tion of this part.
Regional Administrator means the Re-
gional Administrator of the Environ-
mental Protection Agency. in and for
the Region in which the facility is lo-
cated.
Repair means any work necessary to
maintain or restore a container to a
condition suitable for safe operation.
other than that necessary for ordinary,
day-to-day maintenance to maintain
the functional integrity of the con-
tainer and that does not weaken the
container.
Spill Prevention, Control, and Counter-
measure Plan, SPCC Plan, or Plan means
the document required by § 112.3 that
details the equipment, workforce, pro-
cedures. and steps to prevent. control,
and provide adequate countermeasures
to a discharge.
Storage capacity of a container means
the shell capacity of the container.
Transportation -related and non -trans-
portation -related. as applied to an on-
shore or offshore facility. are defined
in the Memorandum of Understanding
between the Secretary of Transpor-
tation and the Administrator of the
Environmental Protection Agency,
dated November 24, 1971. (appendix A of
this part).
United States means the States, the
District of Columbia. the Common-
wealth of Puerto Rico, the Common-
wealth of the Northern Mariana Is-
lands, Guam, American Samoa, the
U.S. Virgin Islands. and the Pacific Is-
land Governments.
Vegetable oil means a non -petroleum
oil or fat of vegetable origin, including
but not limited to oils and fats derived
from plant seeds, nuts, fruits, and ker-
nels.
Vessel means every description of
watercraft or other artificial contriv-
ance used, or capable of being used, as
a means of transportation on water,
other than a public vessel.
Wetlands means those areas that are
inundated or saturated by surface or,
groundwater at a frequency or duration
sufficient to support, and that under
normal circumstances do support. a
prevalence of vegetation typically
adapted for life in saturated soil condi-
tions. Wetlands generally include playa

Environmental Protection Agency
lakes, swamps, marshes, bogs, and
similar areas such as sloughs, prairie
potholes. wet meadows. prairie river
overflows, mudflats, and natural ponds.
Worst case discharge for an onshore
non -transportation -related facility
means the largest foreseeable dis-
charge in adverse weather conditions
as determined using the worksheets in
appendix D to this part.
[67 FR 47140. July 17. 2002. as amended at 71
FR 77290, Dec. 26, 2006; 73 FR 71943, Nov. 26,
2008; 73 FR 74300, Dec. 5, 2008)
§ 112.3 Requirement to prepare and
implement a Spill Prevention, Con-
trol, and Countermeasure Plan.
The owner or, operator or an onshore
or offshore facility subject to this sec-
tion must prepare in writing and im-
plement a Spill Prevention Control and
Countermeasure Plan (hereafter "SPCC
Plan" or "Plan")," in accordance with
§ 112.7 and any other applicable section
of this part.
(a)(1) Except as otherwise provided in
this section, if your facility, or mobile
or portable facility, was in operation
on or before August 16. 2002, you must
maintain your Plan, but must amend
it, if necessary to ensure compliance
with this part, and implement the
amended Plan no later than November
10. 2011. If such a facility becomes oper-
ational after August 16, 2002. through
November 10, 2011, and could reason-
ably be expected to have a discharge as
described in § 112.1(b), you must prepare
and implement a Plan on or before No-
vember 10. 2011. If such a facility (ex-
cluding oil production facilities) be-
comes operational after November 10,
2011. and could reasonably be expected
to have a discharge as described in
§112.1(b), you must prepare and imple-
ment a Plan before you begin oper-
ations. You are not required to prepare
a new Plan each time you move a mo-
bile or portable facility to a new site;
the Plan may be general. When you
move the mobile or portable facility,
you must locate and install it using
the discharge prevention practices out-
lined in the Plan for the facility. The
Plan is applicable only while the mo-
bile or portable facility is in a fixed
(non -transportation) operating mode.
(2) If your drilling. production or
workover facility. including a mobile
27
§ 112.3
or portable facility, is offshore or has
an offshore component,; or your on-
shore facility is required to have and
submit a Facility Response Plan pursu-
ant to 40 GFR 112.20(a), and was in op-
eration on or before August 16. 2002.
you must maintain your Plan, but
must amend it, if necessary to ensure
compliance with this part, and imple-
ment the amended Plan no later than
November 10. 2010. If such a facility be-
comes operational after August 16,
2002, through November 10. 2010. and
could reasonably be expected to have a
discharge as described in §112.1(b), you
must prepare and implement a Plan on
or before November 10. 2010. If such a
facility (excluding oil production fa-
cilities) becomes operational after No-
vember 10, 2010, and could reasonably
be expected to have a discharge as de-
scribed in §112.1(b), you must prepare
and implement a Plan before you begin
operations. You are not required to
prepare a new Plan each time you
move a mobile or portable facility to a
new site; the Plan may be general.
When you move the mobile or portable
facility, you must locate and install it
using the discharge prevention prac-
tices outlined in the Plan for the facil-
ity. The Plan is applicable only while
the mobile or portable facility is in a
fixed (non -transportation) operating
mode.
(3) If your farm, as defined in § 112.2.
was in operation on or before August
16. 2002. you must maintain your Plan,
but must amend it. if necessary to en-
sure compliance with this part. and im-
plement the amended Plan on or before
May 10, 2013. If your farm becomes
operational after August 16, 2002,
through May 10. 2013, and could reason-
ably be expected to have a discharge as
described in §112.1(b). you must prepare
and implement a Plan on or before May
10. 2013, If your farm becomes oper-
ational after May 10, 2013. and could
reasonably be expected to have a dis-
charge as described in § 112.1(b), you
must prepare and implement a Plan be-
fore you begin operations.
(b) If your oil production facility as
described in paragraph (a)(1) of this
section becomes operational after No-
vember 10, 2011. or as described in para-
graph (a)(2) of this section becomes
operational after November 10. 2010.

§ 112.3
and could reasonably be expected to
have a discharge as described in
§112.1(b), you must prepare and imple-
ment a Plan within six months after
you begin operations.
(c)[Reserved]
(d) Except as provided in § 112.6, a li-
censed Professional Engineer must re-
view and certify a Plan for it to be ef-
fective to satisfy the requirements of
this part.
(1) By means of this certification the
Professional Engineer attests:
(i) That he is familiar with the re-
quirements of this part ;
(ii) That he or his agent has visited
and examined the facility;
(iii) That the Plan has been prepared
in accordance with good engineering
practice. including consideration of ap-
plicable industry standards, and with
the requirements of this part;
(iv) That procedures for required in-
spections and testing have been estab-
lished: and
(v) That the Plan is adequate for the
facility.
(vi) That, if applicable, for a pro-
duced water container subject to
§ 112.9(c)(6), any procedure to minimize
the amount of free -phase oil is de-
signed to reduce the accumulation of
free -phase oil and the procedures and
frequency for required inspections,
maintenance and testing have been es-
tablished and are described in the Plan.
(2) Such certification shall in no way
relieve the owner or operator of a facil-
ity of his duty to prepare and fully im-
plement such Plan in accordance with
the requirements of this part.
(e) If you are the owner or operator
of a facility for which a Plan is re-
quired under this section, you must:
(1) Maintain a complete copy of the
Plan at the facility if the facility is
normally attended at least four hours
per clay, or at the nearest field office if
the facility is not so attended, and
(2) Have the Plan available to the Re-
gional Administrator for on -site review
during normal working hours.
(f) Extension of time. (1) The Regional
Administrator may authorize an exten-
sion of time for the preparation and
full implementation of a Plan, or any
amendment thereto, beyond the time
permitted for the preparation, imple-
mentation, or amendment of a Plan
28
40 CFR Ch. 1 (7-1-13 Edition)
under this part, when he finds that the
owner or operator of a facility subject
to this section. cannot fully comply
with the requirements as a result of ei-
ther nonavailability of qualified per-
sonnel, or delays in construction or
equipment delivery beyond the control
and without the fault of such owner or
operator or his agents or employees.
(2) If you are an owner or operator
seeking an extension of time under
paragraph (f)(1) of this section, ,you
may submit a written extension re-
quest to the Regional Administrator.
Your request must include:
(i) A full explanation of the cause for
any such delay and the specific aspects
of the Plan affected by the delay:
(ii) A full discussion of actions being
taken or contemplated to minimize or
mitigate such delay: and
(iii) A proposed time schedule for the
implementation of any corrective ac-
tions being taken or contemplated, in-
cluding interim dates for completion of
tests or studies, installation and oper-
ation of any necessary equipment, or
other preventive measures. In addition
you may present additional oral or
written statements in support of your
extension request.
(3) The submission of a written ex-
tension request under paragraph (f)(2)
of this section does not relieve you of
your obligation to comply with the re-
quirements of this part. The Regional
Administrator may request a copy of
your Plan to evaluate the extension re-
quest. when the Regional Adminis-
trator authorizes ari extension of time
for particular equipment or other spe-
cific aspects of the Plan, such exten-
sion does not affect your obligation to
comply with the requirements related
to other equipment or other specific as-
pects of the Plan for which the Re-
gional Administrator has not expressly
authorized an extension.
(g) Quuiijied Facilities. The owner or
operator of a qualified facility as de-
fined in this subparagraph may self -
certify his facility's Plan, as provided
in §112.6. A qualified facility is one
that meets the following Tier I or, Tier
II qualified facility criteria:
(1) A Tier I qualified facility meets
the qualification criteria in paragraph

Environmental Protection Agency
(g)(2) of this section and has no indi-
vidual aboveground oil storage con-
tainer with a capacity greater than
5,000 U.S. gallons.
(2) A Tier II qualified facility is one
that has had no single discharge as de-
scribed in §112.1(b) exceeding 1,000 U.S.
gallons or no two discharges as de-
scribed in §112,1(b) each exceeding 42
U.S. gallons within any twelve month
period in the three years prior to the
SPCC Plan self -certification date, or
since becoming subject to this part if
the facility has been in operation for
less than three years (other than dis-
charges as described in §112.1(b) that
are the result of natural disasters, acts
of war. or terrorism). and has an aggre-
gate aboveground oil storage capacity
of 10,000 U.S. gallons or less.
[67 FR 47140. July 17. 2002. as amended at 68
FR 1351, .Jan. 9, 2003; 68 FR 18894, Apr. 17,
2003; 69 FR 48798, Aug. 11, 2004; 71 FR 8466,
Feb. 17, 2006: 71 FR 77290. Dec. 29. 2006; 72 FR
27447, May 16, 2007: 73 FR 74301, Dec. 5, 2008,
74 FR 29141. June 19. 2009: 74 FR 58809, Nov.
13. 2009: 75 FR 63102, Oct. 14, 20M 76 FR 21660,
Apr. 18, 2011: 76 FR 64248, Oct. 18, 2011; 76 FR
72124, Nov. 22. 20111
112.4 Amendment of Spill Preven-
tion, Control, and Countermeasure
Plan by Regional Administrator.
If you are the owner or operator of a
facility subject to this part, you must:
(a) Notwithstanding compliance with
§ 112.3. whenever your facility has dis-
charged more than 1.000 U.S. gallons of
oil in a single discharge as described in
§112.1(b), or discharged more than 42
U.S. gallons of oil in each of two dis-
charges as described in §112.1(b), occur-
ring within any twelve month period,
submit the following information to
the Regional Administrator within 60
days from the time the facility be-
comes subject to this section:
(1) Name of the facility;
(2) Your name:
(3) Location of the facility;
(4) Maximum storage or handling ca-
pacity of the facility and normal daily
throughput:
(5) Corrective action and counter-
measures you have taken. including a
description of equipment repairs and
replacements;
(6) An adequate description of the fa-
cility, including maps, flow diagrams.
and topographical maps, as necessary;
29
§ 112.4
(7) The cause of such discharge as de-
scribed in § 112.1(b), including a failure
analysis of the system or subsystem in
which the failure occurred;
(8) Additional preventive measures
you have taken or contemplated to
minimize the possibility of recurrence:
and
(9) Such other information as the Re-
gional Administrator may reasonably
require pertinent to the Plan or dis-
charge.
(b) Take no action under this section
until it applies to your facility. This
section does not apply until the expira-
tion of the time permitted for the ini-
tial preparation and implementation of
the Plan under § 112.3. but not including
any amendments to the Plan.
(c) Send to the appropriate agency or
agencies in charge of oil pollution con-
trol activities in the State in which the
facility is located a complete copy of
all information you provided to the Re-
gional Administrator under paragraph
(a) of this section. Upon receipt of the
information such State agency or agen-
cies may conduct a review and make
recommendations to the Regional Ad-
ministrator as to further procedures.
methods. equipment, and other require-
ments necessary to prevent and to con-
tain discharges from your facility.
(d) Amend .your Plan, if after review
by the Regional Administrator -of the
information you submit under para-
graph (a) of this section, or submission
of information to EPA by the State
agency under paragraph (c) of this sec-
tion, or after on -site review of your
Plan, the Regional Administrator re-
quires that you do so. The Regional
Administrator may require you to
amend your Plan if he finds that it
does not meet the requirements of this
part or that amendment is necessary to
prevent and contain discharges from
your facility.
(e) Act in accordance with this para-
graph when the Regional Adminis-
trator proposes by certified mail or by
personal delivery that you amend your
SPCC Plan. If the owner or operator is
a corporation, he must also notify by
mail the registered agent of such cor-
poration. if any and if known, in the
State in which the facility is located.
The Regional Administrator must
specify the terms of such proposed

§ 1 12.5
amendment.. Within 30 days from re-
ceipt of such notice, you may submit
written information, views, and argu-
ments on the proposed amendment.
After considering all relevant material
presented, the Regional Administrator
must either notify you of any amend-
ment required or rescind the notice.
You must amend your Plan as required
within 30 days after such notice, unless
the Regional Administrator. for good
cause, specifies another effective date.
You must implement the amended Plan
as soon as possible, but not later than
six niontbs after you amend your Plan,
unless the Regional Administrator
specifies another date.
(f) If you appeal a decision made by
the Regional Administrator requiring
an amendment to an SPCC Plan, send
the appeal to the EPA Administrator
in writing within 30 days of receipt of
the notice from the Regional Adminis-
trator requiring the amendment under
paragraph (e) of this section. You must
send a complete copy of the appeal to
the Regional Administrator at the
time ,you make the appeal. The appeal
must contain a clear and concise state-
ment of the issues and points of fact in
the case. It may also contain addi-
tional information from you, or from
any other person. The EPA Adminis-
trator may request additional informa-
tion from you, or from any other per-
son. The EPA Administrator must
render a decision within 60 days of re-
ceiving the appeal and must notify you
of his decision.
§ 112.5 Amendment of Spill Preven-
tion, Control, and Countermeasure
Plan by owners or operators.
If you are the owner or operator of a
facility subject to this part, you must:
(a) Amend the SPCC Plan for your fa-
cility in accordance with the general
requirements in § 112.7. and with any
specific section of this part applicable
to your facility, when there is a change
in the facility design, construction. op-
eration, or maintenance that materi-
ally affects its potential for a dis-
charge as described in § 112,1(b). Exam-
ples of changes that may require
amendment of the Plan include, but
are not limited to: commissioning or
decommissioning containers: replace-
ment, reconstruction, or movement of
40 CFR Ch. 1 (7-1-13 Edition)
containers; reconstruction, replace-
ment, or installation of piping systems:
construction or demolition that might
alter secondary containment struc-
tures; changes of product or service: or
revision of standard operation or main-
tenance procedures at a facility. An
amendment made under this section
mast be prepared within six months,
and implemented as soon as possible,
but not later than six months following
preparation of the amendment.
(b)'Notwithstanding compliance with
paragraph (a) of this section, complete
a review and evaluation of the SPCC
Plan at least once every five years
from the date your facility becomes
subject to this part; or, if your facility
was in operation on or before August
16. 2002, five years from the date your
last review was required under this
part. As a result of this review and
evaluation, you must amend your
SPCC Plan within six months of the re-
view to include more effective preven-
tion and control technology if the tech-
nology has been field -proven at the
time of the review and will signifi-
cantly reduce the likelihood of a dis-
charge as described in §112.1(1)) from
the facility. You must implement any
amendment as soon as possible, but not
later than six months following prepa-
ration of any amendment. You must
document your completion of the re-
view and evaluation. and must sign a
statement as to whether you will
amend the Plan, either at the begin-
ning or end of the Plan or in a log or an
appendix to the Plan. The following
words will suffice, "I have completed
review and' evaluation of the SPCC
Plan for (name of facility) on (date),
and will (will not) amend the Plan as a
result."
(c) Except as provided in § 112.6. have
a Professional Engineer certify any
technical amendments to your Plan in
accordance with §112.3(d).
[67 FR 47140, July 17, 2002, as amended at 73
FR 77291, Dec. 26. 2006; 73 FR 74301, Dec. 5.
2008: 74 FR 58809, Nov. 13, 2009]
30
§ 112.6 Qualified Facilities Plan Re-
quirements.
Qualified facilities meeting the Tier I
applicability criteria in §112.3(g)(1) are

Environmental Protection Agency
subject to the requirements in para-
graph (a) of this Section. Qualified fa-
cilities meeting the Tier II applica-
bility criteria in §112.3(g)(2) are subject
to the requirements in paragraph (b) of
this section.
(a) Tier I Qualified Facilities—(1) Prep-
aration and Self -Certification of the Plan.
If you are an owner or operator of a fa-
cility that meets the Tier I qualified
facility criteria in § 112.3(g)(1), you
must either: comply with the require-
ments of paragraph (a)(3) of this sec-
tion; or prepare and implement a Plan
meeting requirements of paragraph (b)
of this section; or prepare and imple-
ment a Plan meeting the general Plan
requirements in § 112,7 and applicable
requirements in subparts B and C, in-
cluding having the Plan certified by a
Professional Engineer as required
under § 112.3(d). If you do not follow the
appendix G template, you must prepare
an equivalent Plan that meets all of
the applicable requirements listed in
this part, and you must supplement it
with a section cross-referencing the lo-
cation of requirements listed in this
part and the equivalent requirements
in the other prevention plan. To com-
plete the template in appendix G. you
must certify that:
(i) You are familiar with the applica-
ble requirements of 40 CFR part 112;
(ii) You have visited and examined
the facility;
(iii) You prepared the Plan in accord-
ance with accepted and sound industry
practices and standards:
(iv) You have established procedures
for required inspections and testing in
accordance with industry inspection
and testing standards or recommended
practices:
(v) You will fully implement the
Plan;
(vi) The facility meets Lhe qualifica-
tion criteria in §112.3(g)(1):
(vii) The Plan does not deviate from
any requirement of this part as allowed
by §112.7(a)(2) and 112.7(d) or include
measures pursuant to § 112.9(c)(6) for
produced water containers and any as-
sociated piping; and
(viii) The Plan and individual(s) re-
sponsible for implementing this Plan
have the approval of management, and
the facility owner or operator has com-
31
§ 112.6
mitted the necessary resources to fully
implement this Plan.
(2) Technical Amendments. You must
certify any technical amendments to
your Plan in accordance with para-
graph (a)(1) of this section when there
is a change in the facility design, con-
struction, operation, or maintenance
that affects its potential for a dis-
charge as described in § 112.1(b). If the
facility change results in the facility
no longer meeting the Tier I qualifying
criteria in § 112.3(g)(1) because an indi-
vidual oil storage container capacity
exceeds 5,000 U.S. gallons or the facil-
ity capacity exceeds 10.000 U.S. gallons
in aggregate aboveground storage ca-
pacity. within six months following
preparation of the amendment, you
must either:
(i) Prepare and implement a Plan in
accordance with § 112.6(b) if you meet
the Tier II qualified facility criteria in
§ 112.3(g)(2): or
(ii) Prepare and implement a Plan in
accordance with the general Plan re-
quirements in §112.7, and applicable re-
quirements in subparts B and C. includ-
ing having the Plan certified by a Pro-
fessional Engineer as required under
§112.3(d).
(3) Plan Template and Applicable Re-
quirements. Prepare and implement an
SPCC Plan that meets the following re-
quirements under § 112.7 and in sub-
parts B and C'of this part: introductory
paragraph of §§ 112.7. 112.7(a)(3)(i),
112.7(a)(3)(iv). 112.7(a)(3)(vi), 112.7(a)(4).
112.7(a)(5). 112.7(c), 112.7(e). 112.7(f),
112.7(g), 112.7(k), 112.8(b)(1), 112.8(b)(2),
112.8(c)(1). 112.8(c)(3). 112.8(c)(4),
112.8(c)(5). 112.8(c)(6). 112.8(c)(10).
112.8(d)(4), 112.9(b). 112.9(c)(1).
112.9(c)(2). 112.9(c)(3). 112.9(c)(4),
112.9(c)(5). 112.9(d)(1). 112.9(d)(3),
112.9(d)(4), 112.10(b), 112.10(c), 112.10(d),
112.12(b)(1), 112.12(b)(2), 112.12(c)(1),
112.12(c)(3), 112.12(c)(4), 112.12(c)(5),
112.12(c)(6). 112.12(c)(10). and 112.12(d)(4).
The template in appendix G to this
part has been developed to meet the re-
quirements of 40 CFR part 112 and.
when completed and signed by the
owner or operator. may be used as the
SPCC Plan. Additionally, you must
meet the following requirements:
G) Failure analysis, in lieit of the rc-
quireinents in § 112.7(b). where experi-
ence indicates a reasonable potential

§ 112.6
for equipment failure (such as loading
or unloading equipment, tank overflow,
rupture. or leakage. or any other
equipment known to be a source of dis-
charge), include in your Plan a pre-
diction of the direction and total quan-
tity of oil which could he discharged
from the facility as a result of each
type of major equipment failure.
(ii) Bulk storage container secondary
containment, in lieu of the requirements
in §§112.8(c)(2) and (c)(11) and
112.12(c)(2) and (c)(11). Construct all
bulk storage container installations
(except mobile refuelers and other non -
transportation -related tank trucks),
including mobile or portable oil stor-
age containers, so that ,you provide a
secondary means of containment for
the entire capacity of the largest single
container plus additional capacity to
contain precipitation. Dikes, contain-
ment curbs, and pits are commonly em-
ployed for this purpose. You may also
use an alternative system consisting of
a drainage trench enclosure that must
be arranged so that any discharge will
terminate and be safely confined in a
catchment basin or holding pond. Posi-
tion or locate mobile or portable oil
storage containers to prevent a dis-
charge as described in § 112.1(b).
(iii) Overfill prevention, in lieu of the
requirements irr §§112.8(e)(6) and
112.12(c)(8). Ensure that each container
is provided with a system or docu-
mented procedure to prevent overfills
of the container, describe the system
or procedure in the SPCC Plan and reg-
ularly test to ensure proper operation
or efficacy.
(b) Tier 11 Qualified Facilities —(I)
Preparation and Self -Certification of
Plan. If you are the owner or operator
of a facility that meets the Tier II
qualified facility criteria in §112.3(g)(2),
you may choose to self -certify your
Plan. You must certify in the Plan
that:
(i) You are familiar with the require-
ments of this part;
(ii) You have visited and examined
the facility:
(iii) The Plan has been prepared in
accordance with accepted and sound in-
dustry practices and standards, and
with the requirements of this part;
32
40 CFR Ch. 1 (7-1-13 Edition)
(iv) Procedures for required inspec-
tions and testing have been esLah-
lished:
(v) You will fully- implement the
Plan:
(vi) The facility meets the qualifica-
tion criteria set forth under
§112.3(g)(2);
(vii) The Plan does not deviate from
any requirement of this part as allowed
by §112.7(a)(2) and 112.7(d) or include
measures pursuant to § 112.9(c)(6) for
produced water containers and any as-
sociated piping. except as provided in
paragraph (b)(3) of this section: and
(viii) The Plan and individual(s) re-
sponsible for implementing the Plan
have the full approval of management
and the facility owner or operator has
committed the necessary resources to
fully implement the Plan.
(2) Technical Amendments. If you self -
certify your Plan pursuant to para-
graph (b)(1) of this section, you must
certify any technical amendments to
your Plan in accordance with para-
graph (b)(1) of this section when there
is a change in the facility design, con-
struction, operation, or maintenance
that affects its potential for a dis-
charge as described in § 112.1(b), except:
(i) If a Professional Engineer cer-
tified a portion of your Plan in accord-
ance with paragraph (b)(4) of this sec-
tion. and the technical amendment af-
fects this portion of the Plan, you must
have the amended provisions of your
Plan certified by a Professional Engi-
neer in accordance with paragraph
(b)(4)(ii) of this section.
(ii) If the change is such that the fa-
cility no longer meets the Tier II quali-
fying criteria in §112.3(g)(2) because it
exceeds 10,000 U.S. gallons in aggregate
aboveground storage capacity you
must, within six months following the
change, prepare and implement a Plan
in accordance with the general Plan re-
quirements in §112.7 and the applicable
requirements in subparts B and C of
this part, including having the Plan
certified by a Professional Engineer as
required under § 112.3(d).
(3) Applicable Requirements. Except as
provided in this paragraph, ,your self
certified SPCC flan must comply with
§ 112.7 and the applicable requirements
in subparts B and C of this part:

Environmental Protection Agency
(i) Ensiromnental Equivalence. Your
Plan may not include alternate meth-
ods which provide environmental
equivalence pursuant to § 112.7(a)(2),
unless each alternate method has been
reviewed and certified in writing by a
Professional Engineer, as provided in
paragraph (b)(4) of this section.
(if) Impracticability. Your Plan may
not include any determinations that
secondary containment is impracti-
cable and provisions in lieu of sec-
ondary containment pursuant to
§ 112.7(d), unless each such determina-
tion and alternate measure has been
reviewed and certified in writing by a
Professional Engineer, as provided in
paragraph (b)(4) of this section.
(iii) Produced Water Containers. Your
Plan may not include any alternative
procedures for skimming produced
water containers in lieu of sized sec-
ondary containment pursuant to
§112.9(c)(6). unless they have been re-
viewed and certified in writing by a
Professional Engineer, as provided in
paragraph (b)(4) of this section.
(4) Professional Engineer Certification
of Portions of a Qualified Fucility's Self -
Certified Plan..
(1) As described in paragraph (b)(3) of
this section, the facility owner or oper-
ator may not self -certify alternative
measures allowed under § 112.7(a)(2) or
(d), that are included in the facility's
Plan. Such measures must be reviewed
and certified, in writing, by a licensed
Professional Engineer. For each alter-
native measure allowed under
§ 112.7(a)(2), the Plan must be accom-
panied by a written statement by a
Professional Engineer that states the
reason for nonconformance and de-
scribes the alternative method and how
it provides equivalent environmental
protection in accordance with
§ 112.7(a)(2). For each determination of
impracticability of secondary contain-
ment pursuant to § 112.7(d), the Plan
must clearly explain why secondary
containment measures are not prac-
ticable at this facility and provide the
alternative measures required in
§ 112.7(d) in lieu of secondary colltain-
ment. By certifying each measure al-
lowed under § 112.7(a)(2) and (d), the
Professional Engineer attests:
(A) That he is familiar with the re-
quirements of this part:
33
§ 112.7
(B) That he or his agent has visited
and examined the facility: and
(C) That the alternative method of
environmental equivalence in accord-
ance with §112.7(a)(2) or the determina-
tion of impracticability and alter-
native measures in accordance with
§112.7(d) is consistent with good engi-
neering practice. including consider-
ation of applicable industry standards.
and with the requirements of this part.
(ii) As described in paragraph (b)(3) of
this section. the facility owner or oper-
ator may not self -certify measures as
described in § 112.9(c)(6) for produced
water containers and any associated
piping. Such measures must be re-
viewed and certified. in writing, by a li-
censed Professional Engineer. in ac-
cordance with § 112.3(d)(1)(vi).
(iii) The review and certification by
the Professional Engineer under this
paragraph is limited to the alternative
method which achieves equivalent en-
vironmental protection pursuant to
§ 112.7(a)(2): to the impracticability de-
termination and measures in lieu of
secondary containment pursuant to
§ 112.7(d): or the measures pursuant to
§ 112.9(c)(6) for produced water con-
tainers and any associated piping and
appurtenances downstream from the
container.
[73 FR 74302, Dec. 5, 2008, as amended at 74
FR 58810. Nov. 13. 20091
§ 112.7 General requirements for Spill
Prevention, Control, and Counter-
measure Plans.
If you are the owner or operator of a
facility subject to this part you must
prepare a Plan in accordance with good
engineering practices. The Plan must
have the full approval of management
at a level of authority to commit the
necessary resources to fully implement
the Plan. You must prepare the Plan in
writing. If you do not follow the se-
quence specified in this section for the
Plan. you must prepare an equivalent
Plan acceptable to the Regional Ad-
ininistrator that meets all of the appli-
cable requirements listed in this part.
and you must supplement it with a sec-
tion cross-referencing the location of
requirements listed in this part and the
equivalent requirements in the other
prevention plan. If .the Plan calls for
additional facilities or procedures,

§ 112.7
methods, or equipment not yet fully
operational, you must discuss these
items in separate paragraphs, and must
explain separately the details of instal-
lation and operational start-up. As de-
tailed elsewhere in this section. you
must also:
(a)(1) Include a discussion of your fa-
cility's conformance with the require-
ments listed in this part.
(2) Comply with all applicable re-
quirements listed in this part. Except
as provided in § 112.6, your Plan may
deviate from the, requirements in para-
graphs (g), (h)(2) and (3), and (i) of this
section and the requirements in sub-
parts i3 and C of this part, except the
secondary containment requirements
in paragraphs ((;) and (h)(1) of this sec-
tion, and §§112,8(c)(2), 112.8(c)(11),
112.9(c)(2), 112.9(d)(3), 112.10(c),
112.12(c)(2), and 112.12(c)(11), where ap-
plicable to a specific facility. if you
provide equivalent environmental pro-
tection by some other weans of spill
prevention, control, or counter-
measure. Where your Plan does not
conform to the applicable requirements
in paragraphs (g), (h)(2) and (3). and (i)
of this section, or the requirements of
subparts B and C of this part. except
the secondary containment require-
ments in paragraph (c) and (h)(1) of
this section, and §§ 112,8(e)(2),
112.8(c){ll), 112,9(c)(2}, 112.10(c),
112.12(c)(2), and 112,12(c)(11), you must
state the reasons for nonconformance
in your Plan and describe in detail al-
ternate methods and how you will
achieve equivalent environmental pro-
tection. If the Regional Administrator
determines that the measures de-
scribed in your Plan do not provide
equivalent environmental protection,
he may require that you amend your
Plan. following the procedures in
§ 112.4(d) and (e).
(3) Describe in your Plan the physical
layout of the facility and include a fa-
cility diagram, which must mark the
location and contents of each fixed oil
storage container and the storage area
where mobile or portable containers
are located. The facility diagram must
identify the location of and mark as
"exempt" underground tanks that are
otherwise exempted from the require-
ments of this part under § 112.1(d)(4).
The facility diagram must also include
34
40 CFR Ch. 1 (7-1-13 Edition)
all transfer stations and connecting
pipes, including inLra-facility gath-
ering lines that are otherwise exempt-
ed from the requirements of this part
under §112,1(d)(11), You must also ad-
dress in your Plan:
(i) The type of oil in each fixed con-
tainer and its storage capacity. For
mobile or portable containers. either
provide the type of oil and storage ca-
pacity for each container or provide an
estimate of the potential number of
mobile or portable containers, the
types of oil, and anticipated storage ca-
pacities;
(ii) Discharge prevention measures
including procedures for routine han-
diing of products (loading. unloading,
and facility transfers, etc.);
(iii) Discharge or drainage controls
such as secondary containment around
containers and other structures, equip-
ment. and procedures for the control of
a discharge;
(iv) Countermeasures for discharge
discovery, response, and cleanup (both
the facility's capability and those that
might be required of a contractor);
(v) Methods of disposal of recovered
materials in accordance with applica-
ble legal requirements: and
(vi) Contact list and phone numbers
for the facility response coordinator,
National Response Center, cleanup can -
tractors with whom ,you have an agree-
ment for response. and all appropriate
Federal, State. and local agencies who
moist be contacted in case of a dis-
charge as described in §112.1(b).
(4) Unless you have submitted a re-
sponse plan under § 112.20. provide in-
formation and procedures in your Plan
to enable a person reporting a dis-
charge as described in §112,1(b) to re-
late information on the exact address
or location and phone number of the fa-
cility: the date and time of the dis-
charge, the type of material dis-
charged; estimates of the total quan-
tity discharged; estimates of the quan-
tity discharged as described in
§ 112.1(b); the source of the discharge; a
description of all affected media: the
cause of the discharge; any damages or
injuries caused by the discharge: ac-
tions being used to stop, remove, and
mitigate the effects of the discharge:
whether an evacuation may he needed;

Environmental Protection Agency
and, the names of individuals and/or or-
ganizations who have also been con-
tacted.
(5) Unless you have submitted a re-
sponse plan under § 112.20, organize por-
tions of the Plan describing procedures
you will use when a discharge occurs in
a way that will make them readily usa-
ble in an emergency, and include ap-
propriate supporting material as ap-
pendices.
(b) Where experience indicates a rea-
sonable potential for equipment failure
(such as loading or unloading equip-
ment, tank overflow, rupture, or leak-
age, or any other equipment known to
be a source of a discharge), include in
your Plan a prediction of the direction.
rate of flow, and total quantity of oil
which could be discharged from the fa-
cility as a result of each type of major
equipment failure.
(c) Provide appropriate containment
and/or diversionary structures or
equipment to prevent a discharge as
described in § 112.1(b). except as pro-
vided in paragraph (k) of this section
for qualified oil -filled operational
equipment. and except as provided in
§ 112.9(d)(3) for flowlines and intra-facil-
ity gathering lines at an oil production
facility. The entire containment sys-
tem. including walls and floor. must be
capable of containing oil and must be
constructed so that any discharge from
a primary containment system. such as
a tank, will not escape the contain-
ment system before cleanup occurs. In
determining the method, design, and
capacity for secondary containment.
you need only to address the typical
failure mode, and the most likely quan-
tity of oil that would be discharged.
Secondary containment may be either
active or passive in design. At a min-
imum. you must use one of the fol-
lowing prevention systems or its equiv-
alent:
(1) For onshore facilities:
(i) Dikes. berms, or retaining walls
sufficiently impervious to contain oil;
(ii) Curbing or drip pans;
(M) Sumps and collection systems:
(iv) Culverting, gutters, or other
drainage systems:
(1) Weirs. booms, or other barriers;
(vi) Spill diversion ponds;
(vii) Retention ponds: or
(viii) Sorbent materials.
35
§ 112.7
(2) For offshore facilities:
(i) Curbing or drip pans: or
(ii) Sumps and collection systems.
(d) Provided your Plan is certified by
a licensed Professional Engineer under
§ 112.3(d), or. in the case of a qualified
facility that meets the criteria in
§ 112.3(g), the relevant sections of your
Plan are certified by a licensed Profes-
sional Engineer under § 112.6(d), if you
determine that the installation of any
of the structures or pieces of equip-
ment listed in paragraphs (c) and (h)(1)
of this section, and §§ 112.8(c)(2).
112.8(c)(11). 112.9(c)(2), 112.10(c).
112.12(c)(2), and 112.12(c)(11) to prevent
a discharge as described in §112.1(b)
from any onshore or offshore facility is
not practicable, you must clearly ex-
plain in your Plan why such measures
are not practicable; for bulk storage
containers, conduct both periodic in-
tegrity testing of the containers and
periodic integrity and leak testing of
the valves and piping; and, unless you
have submitted a response plan under
§ 112.20. provide in your Plan the fol-
lowing:
(1) An oil spill contingency plan fol-
lowing the provisions of part 109 of this
chapter.
(2) A written commitment of man-
power. equipment, and materials re-
quired to expeditiously control and re-
move any quantity of oil discharged
that may be harmful.
(e) Inspections, tests, anal records. Con-
duct inspections and tests required by
this part in accordance with written
procedures that you or the certifying
engineer develop for the facility. You
must keep these written procedures
and a record of the inspections and
tests. signed by the appropriate super-
visor or inspector, with the SPCC Plan
for a period of three years. Records of
inspections and tests kept under usual
and customary business practices will
suffice for purposes of this paragraph.
(f) Personnel, training, and discharge
prezention procedures. (1) At a min-
imum. train your oil -handling per-
sonnel in the operation and mainte-
nance of equipment to prevent dis-
charges: discharge procedure protocols;
applicable pollution control laws,
rules. and regulations: general facility
operations: and, the contents of the fa-
cility SPCC Plan.

§ 112.7
(2) Designate a person at each appli-
cable facility who is accountable for
discharge prevention and who reports
to facility management.
(3) Schedule and conduct discharge
prevention briefings for your oil -han-
dling personnel at least once a year to
assure adequate understanding of the
SPCC Plan for that facility. Such brief-
ings must highlight and describe
known discharges as described in
§ 112.1(b) or failures, malfunctioning
components, and any recently devel-
oped precautionary measures.
(g) Security! (excluding oil production
facilities). Describe in your Plan how
you secure and control access to the oil
handling. processing and storage areas;
secure master flow and drain valves;
prevent unauthorized access to starter
controls on oil pumps; secure out -of -
service and loading/unloading connec-
tions of oil pipelines: and address the
appropriateness of security lighting to
both prevent acts of vandalism and as-
sist in the discovery of oil discharges.
(h) Facility tank car and tank truck
loading/unloading rack (excluding off-
shore facilities).
(1) Where loading/unloading rack
drainage does not flow into a
catchment basin or treatment facility
designed to handle discharges, use a
quick drainage system for tank car or
tank truck loadinglunloading racks.
You must design any containment sys-
tem to hold at least the maximum ca-
pacity of any single compartment of a
tank car or tank truck loaded or un-
loaded at the facility,
(2) Provide an interlocked warning
light or physical barrier system, warn-
ing signs, wheel chocks or vehicle
brake interlock system in the area ad-
jacent to a loadinglunloading rack, to
prevent vehicles from departing before
complete disconnection of flexible or
fixed oil transfer lines.
(3) Prior to filling and departure of
any tank car, or Lank truck, closely in-
spect for discharges the lowermost
drain and all outlets of such vehicles,
and if necessary, ensure that, they are
Lightened, adjusted, or replaced to pre-
vent liquid discharge while in transit.
(i) If a fie] (1-construe Led aboveground
container undergoes a repair, alter-
ation, reconstruction. or a change in
service that might affect the risk of a
36
40 CFR Ch. 1 (7-1-13 Edition)
discharge or failure due to brittle fac-
ture or other catastrophe. or has dis-
charged oil or failed due to brittle frac-
ture failure or other catastrophe,
evaluate the container for risk of dis-
charge or failure due to brittle fracture
or other catastrophe. and as necessary.
take appropriate action.
0) In addition to the minimal preven-
tion standards listed under this sec-
tion. include in your Plan a complete
discussion of conformance with the ap-
plicable requirements and other effec-
tive discharge prevention and contain-
ment procedures listed in this part or
any applicable more stringent State
rules, regulations, and guidelines.
(k) Qualified Oil -filled Operational
Equipment. The owner or operator of a
facility with oil -filled operational
equipment that meets the qualification
criteria in paragraph (k)(1) of this sub-
section may choose to implement for
this qualified oil -filled operational
equipment the alternate requirements
as described in paragraph (k)(2) of this
sub -section in lieu of general secondary
containment required in paragraph (c)
of this section.
(1) Qualification Criteria —Reportable
Discharge History: The owner or oper-
ator of a facility that has had no single
discharge as described in §112.1(1)) from
any oil -filled operational equipment
exceeding 1,000 U.S. gallons or no two
discharges as described in §112.1(b)
from any oil -filled operational equip-
ment each exceeding 42 U.S. gallons
within any twelve month period in the
three years prior to the SPCC Plan cer-
tification date, or since becoming sub-
ject to this part if the facility has been
in operation for less than three years
(other than oil discharges as described
in §112,1(b) that are the result of nat-
ural disasters. acts of war or ter-
rorism); and
(2) Alternative Requirenzents to General
.Secondary Containment, If secondary
containment is not provided for quali-
fied oil -filled operational equipment
pursuant to paragraph (c) of this sec-
tion, the owner or operator of a facility
with qualified oil -filled operational
equipment must:
(i) Establish and document the facil-
ity procedures for inspections or a
monitoring program to detect equip-
ment failure and/or a discharge; and

Environmental Protection Agency
(ii) Unless you have submitted a re-
sponse plan under § 112.20. provide in
your Plan the following:
(A) An oil spill contingency plan fol-
lowing the provisions of part 109 of this
chapter.
(B) A written commitment of man-
power, equipment, and materials re-
quired to expeditiously control and re-
move any quantity of oil discharged
that may be harmful.
[67 FR 47140, July 17, 2002, as amended at 71
FR 77292, Dec. 26. 2006: 73 FR 74303, Dec. 5,
2008; 74 FR 58810, Nov. 13. 20091
Subpart 13—Requirements for Pe-
troleum Oils and Non -Petro-
leum Oils, Except Animal Fats
and Oils and Greases, and
Fish and Marine Mammal Oils;
and Vegetable Oils (Including
Oils from Seeds, Nuts, Fruits,
and Kernels)
SOURCE: 67 FR 47146. July 17, 2002, unless
otherwise noted.
§ 112.8 Spill Prevention, Control, and
Countcrmeasure Plan requirements
for onshore facilities (excluding
production facilities).
If you are the owner or operator of an
onshore facility (excluding a produc-
tion facility), you must:
(a) Meet the general requirements for
the Plan listed under §112.7. and the
specific discharge prevention and con-
tainment procedures listed in this sec-
tion.
(b) Facility drainage. (1) Restrain
drainage from diked storage areas by
valves to prevent a discharge into the
drainage system or facility effluent
treatment system, except where facil-
ity systems are designed to control
such discharge. You may empty diked
areas by pumps or ejectors; however,
you must manually activate these
pumps or ejectors and must inspect the
condition of the accumulation before
starting, to ensure no oil will be dis-
charged.
(2) Use valves of manual, open -and -
closed design, for the drainage of diked
areas. You may not use flapper -type
drain valves to drain diked areas. If
your facility drainage drains directly
into a watercourse and not into an on-
37
§ 112.8
site wastewater treatment plant, you
must inspect and may drain
uncontaminated retained stormwater.
as provided in paragraphs (c)(3)(ii),
(iii), and (1v) of this section.
(3) Design facility drainage systems
from undiked areas with a potential for
a discharge (such as where piping is lo-
cated outside containment walls or
where tank truck discharges may occur
outside the loading area) to flow into
ponds. lagoons. or catchment basins de-
signed to retain oil or return it to the
facility. You must not locate
catchment basins in areas subject to
periodic flooding.
(4) If facility drainage is not engi-
neered as in paragraph (b)(3) of this
section, equip the final discharge of all
ditches inside the facility with a diver-
sion system that would, in the event of
an uncontrolled discharge, retain oil in
the facility.
(5) Where drainage waters are treated
in more than one treatment unit and
such treatment is continuous. and
pump transfer is needed, provide two
"lift" pumps and permanently install
at least one of the pumps. Whatever
techniques you use, you must engineer
facility drainage systems to prevent a
discharge as described in §112.1(b) in
case there is an equipment failure or
human error at the facility.
(c) Bulk storage containers. (1) -Not use
a container for the storage of oil unless
its material and construction are com-
patible with the material stored and
conditions of storage such as pressure
and temperature.
(2) Construct all bulk storage tank
installations (except mobile refuelers
and other non -transportation -related
tank trucks) so that you provide a sec-
ondary means of containment for the
entire capacity of the largest single
container and sufficient freeboard to
contain precipitation. You must ensure
that diked areas are sufficiently imper-
vious to contain discharged oil. Dikes.
containment curbs. and pits are com-
monly employed for this purpose. You
may also use an alternative system
consisting of a drainage trench enclo-
sure that must be arranged so that any
discharge will terminate and be safely
confined in a facility catchment basin
or holding pond.

§ 112.8
(3) Not allow drainage of
uncontaminated rainwater from the
diked area into a storm drain or dis-
charge of an effluent into an open wa-
tercourse. lake, or pond. bypassing the
facility treatment system unless you:
(i) Normally keep the bypass valve
sealed closed.
(ii) Inspect the retained rainwater to
ensure that its presence will not cause
a discharge as described in §112.1(b).
(III) Open the bypass valve and reseal
it following drainage under responsible
supervision: and
(iv) Keep adequate records of such
events, for example, any records re-
quired under permits issued in accord-
ance with §§122.41(j)(2) and 122.41(m)(3)
of this chapter.
(4) Protect any completely buried
metallic storage tank installed on or
after January 10. 1974 from corrosion
by coatings or cathodic protection
compatible with local soil conditions.
You must regularly leak test such
completely buried metallic storage
tanks.
(5) Not use partially buried or
bunkered metallic tanks for the stor-
age of oil, unless you protect the bur-
ied section of the tank from corrosion.
You must protect partially buried and
bunkered tanks from corrosion by
coatings or cathodic protection com-
patible with local soil conditions.
(6) Test or inspect each aboveground
container for integrity on a regular
schedule and whenever you make mate-
rial repairs. You must determine, in
accordance with industry standards,
the appropriate qualifications for per-
sonnel performing tests and inspec-
tions, the frequency and type of testing
and inspections. which take into ac-
count container size. configuration,
and design (such as containers that
are: shop -built. field -erected, skid-
mounte(l, elevated, equipped with a
liner, double -walled. or partially bur-
ied). Examples of these integrity tests
include, but are not limited to: visual
inspection, hydrostatic testing, radio-
graphic testing, ultrasonic testing.
acoustic emissions testing. or other
systems of non-destructive testing.
You must keep comparison records and
you must also inspect the container's
supports and foundations. In addition,
you must frequently inspect the out-
38
40 CFR Ch. 1 (7-1-13 Edition)
side of the container for signs of dete-
rioration. discharges. or accumulation
of oil inside (liked areas. Records of in-
spections and tests kept under usual
and customary business practices sat-
isfy the recordkeeping requirements of
this paragraph.
(7) Control leakage through defective
internal heating coils by monitoring
the steam return and exhaust lines for
contamination from internal heating
coils that discharge into an open wa-
tercourse, or pass the steam return or
exhaust lines through a settling tank.
skimmer, or other separation or reten-
tion system.
(8) Engineer or update each container
installation in accordance with good
engineering practice to avoid dis-
charges. You must provide at least one
of the following devices:
(i) High liquid level alarms with an
audible or visual signal at a constantly
attended operation or surveillance sta-
tion. In smaller facilities an audible air
vent may suffice.
(ii) High liquid level pump cutoff de-
vices set to stop flow at a predeter-
mined container content level.
(111) Direct audible or code signal
communication between the container
gauger and the pumping station.
(iv) A fast response system for deter-
mining the liquid level of each bulk
storage container such as digital com-
puters, telepulse, or direct vision
gauges. If you use this alternative. a
person must be present to monitor
gauges and the overall filling of bulk
storage containers.
(v) You must regularly test liquid
level sensing devices to ensure proper
operation.
(9) Observe effluent treatment facili-
ties frequently enough to detect pos-
sible system upsets that could cause a
discharge as described in § 112.1(b).
(10) Promptly correct visible dis-
charges which result in a loss of oil
from the container, including but not
limited to seams, gaskets, piping,
pumps, valves, rivets, and bolts. You
must promptly remove any accumula-
tions of oil in (liked areas.
(11) Position or locate mobile or port-
able oil storage containers to prevent a
discharge as described in §112.1(b). Ex-
cept for mobile refuelers and other
non -transportation -related tank

Environmental Protection Agency
trucks, you must furnish a secondary
means of containment, such as a dike
or catchment basin, sufficient to con-
tain the capacity of the largest single
compartment or container with suffi-
cient freeboard to contain precipita-
tion.
(d) Facility transfer operations, pump-
ing, and facility process. (1) Provide bur-
ied piping that is installed or replaced
on or after August 16, 2002, with a pro-
tective wrapping and coating. You
must also cathodically protect such
buried piping installations or otherwise
satisfy the corrosion protection stand-
ards for piping in part 280 of this chap-
ter or a State program approved under
part 281 of this chapter. If a section of
buried line is exposed for any reason.
you must carefully inspect it for dete-
rioration. If you find corrosion damage,
you must undertake additional oxam-
ination and corrective action as indi-
cated by the magnitude of the damage.
(2) Cap or blank -flange the terminal
connection at the transfer point and
mark it as to origin when piping is not
in service or is in standby service for
an extended time.
(3) Properly design pipe supports to
minimize abrasion and corrosion and
allow for expansion and contraction.
(4) Regularly inspect all aboveground
valves, piping. and appurtenances. Dur-
ing the inspection you must assess the
general condition of items, such as
flange joints. expansion joints, valve
glands and bodies. catch pans. pipeline
supports, locking of valves, and metal
surfaces. You must also conduct integ-
rity and leak testing of buried piping
at the time of installation, modifica-
tion, construction, relocation, or re-
placement.
(5) Warn all vehicles entering the fa-
cility to be sure that no vehicle will
endanger aboveground piping or other
oil transfer operations.
[67 FR 47146, July 17, 2002, as amended at 71
FR 77293, Dec. 26, 2006: 73 FR 74304, Dec. 5.
20081
§ 112.9 Spill Prevention, Control, and
Countermeasure Plan Require-
ments for onshore oil production fa-
cilities (excluding drilling and
workover facilities).
If you are the owner or operator of an
onshore oil production facility (exclud-
39
§ 112.9
ing a drilling or workover facility), you
must:
(a) Meet the general requirements for
the Plan listed under § 112.7. and the
specific discharge prevention and con-
tainment procedures listed under this
section.
(b) Oil production facility drainage. (1)
At tank batteries and separation and
treating areas where there is a reason-
able possibility of a discharge as de-
scribed in § 112.1(b), close and seal at all
times drains of dikes or drains of
equivalent measures required under
§112.7(c)(1), except when draining
uncontaminated rainwater. Prior to
drainage, you must inspect the diked
area and take action as provided in
§112.8(c)(3)(h), (III). and (iv). You must
remove accumulated oil on the rain-
water and return it to storage or dis-
pose of it in accordance with legally
approved methods.
(2) Inspect at regularly scheduled in-
tervals field drainage systems (such as
drainage ditches or road ditches), and
oil traps, sumps. or skimmers. for an
accumulation of oil that may have re-
sulted from any small discharge. You
must promptly remove any accumula-
tions of oil.
(e) Oil production facility bulk storage
containers. (1) Not use a container for
the storage of oil unless its material
and construction are compatible with
the material stored and the conditions
of storage.
(2) Except as described in paragraph
(c)(5) of this section for flow -through
process vessels and paragraph (c)(6) of
this section for produced water con-
tainers and any associated piping and
appurtenances downstream from the
container, construct all tank battery,
separation, and treating facllityy instal-
lations. so that you provide a sec-
ondary means of containment for the
entire capacity of the largest single
container and sufficient freeboard to
contain precipitation. You must safely
confine drainage from undiked areas in
a catchment basin or holding pond.
(3) Except as described in paragraph
(c)(5) of this section for flow -through
process vessels and paragraph (c)(6) of
this section for produced water con-
tainers and any associated piping and
appurtenances downstream from the

1 K LEINFELOEi4
\` arignrv.oyfe R4ht sohl em
APPENDIX C
SUBSTANTIAL HARM DETERMINATION
20183763.007A I CLT18R75959 March 29, 2018
© 2018 Kleinfelder vmw.kleinfelder.com

LK E/NFEL OER
\\` �+erighr People. Ryhr Sokoore
L
SUBSTANTIAL HARM DETERMINATION FORM
1. Does the facility transfer oil over -water^ to or from vessels and does the facility have a total
oil storage capacity greater than or equal to 42,000 gallons?
Yes ❑ No
2. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and,
within any storage area, does the facility lack secondary containment that is sufficiently large
to contain the capacity of the largest aboveground oil storage tank plus sufficient freeboard to
allow for precipitation?
Yes ❑ No
3. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and
is the facility located at a distance (as calculated using the appropriate formula in Appendix C
or a comparable formula) such that a discharge from the facility could cause injury to fish and
wildlife and sensitive environments? a
Yes ❑ No
4. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons
and is the facility located at a distance A (as calculated using the appropriate formula in
Appendix C or a comparable formula) such that a discharge from the facility would shut
down a public drinking water intake? A
Yes ❑ No
5. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons
and has the facility experienced a reportable oil spill 2 in an amount greater than or equal to
10,000 gallons within the last 5 years?
Yes ❑ No
A Explanations of the above -referenced terms can be found in Appendix C to this part (40 CFR
112). if a comparable formula to the ones contained in Attachment C-111 is used to establish the
appropriate distance to fish and wildlife and sensitive environments or public drinking water
intakes, documentation of the reliability and analytical soundness of the formula must be attached
to this form.
e For further description of fish and wildlife and sensitive environments, see Appendices I, 11, and
Ill to DOG/NOAA's "Guidance for Facility and Vessel Response Plans: Fish and Wildlife and
Sensitive Environments" (see Appendix E to this part (40 CFR 112), section 13, for availability)
and the applicable ACP.
CERTIFICATION
certify under penalty of law that I have personally examined and am familiar with the information
submitted in this document, and that based on my inquiry of those individuals responsible for
obtaining information, I believe that the submitted information is true, accurate, and complete.
Signature:
Title:
Printed Name: Date:

KL E/NFELOER
Bight P-W. RightS k,,;-.
APPENDIX D
SPCC PLAN REVIEW AND AMENDMENT LOG
20183763.007A I CLT18R75959 March 29, 2018
0 2018 Kleinfelder www.kleinfelder.com

KL NFEL DER
Management Review
Management is to review the SPCC Plan at least once every five years from the date of the last
management review and document the review on the form below (40 CFR §112.5(b)).
Management must review the SPCC Plan after any amendments are made to this Plan.
Non -Technical Amendments (PE Certification is Not Required)
Non -technical amendments that do not require PE certification should be documented on the form
below. Examples of changes may include: telephone number, name change, non -technical text
changes, facility reconfiguration that does not materially affect the potential for oil discharge.
Technical Amendments (PE Certification is Required)
An amendment is required when there is a change that materially affects the facility's potential to
discharge oil (67 Federal Register 47091). Technical amendments that require PE certification
should be documented on the form below.
Examples of technical changes may include: commissioning or decommissioning containers
and/or piping systems, replacement of containers and/or piping systems, reconstruction of
containers and/or piping systems, movement of containers and/or piping systems, construction
or demolition that may alter secondary containment structures, changes to the product or service,
and addition/deletion of standard operation or maintenance procedures relating to the discharge
measures.
Technical amendments affecting various pages within the SPCC Plan can be PE certified for
those amendments only and will be documented on the form below. A Professional Engineer will
certify technical amendments in accordance with 40 CFR §112.5(c).
Technical amendments made to this SPCC Plan will be prepared within six (6) months of any
qualifying change and implemented as soon as possible, but no later than six (6) months following
preparation of the amendment.

LK E/NFELOER
\�/ 8ri9ht !'eople Fight Selviivr7s.
Y
SPCC PLAN REVIEW AND AMENDMENT LOG
I certify that I have completed review and evaluation of this SPCC Plan and, if needed, will amend
the Plan as a result.
DATE NAME SIGNATURE TITLE UPDATED?
AMENDMENTS
Amendment #1 Date: Describe Update:
Amendment #2 Date: Describe Update:
Amendment #3 Date: Describe Update:
Amendment #4 Date: Describe Update:

S KL E/NFEL O>E'�4
\� _'RnghlRropfe.RightSohrtionr-
PROFESSIONAL ENGINEER SPCC CERTIFICATION FOR AMENDMENT
OWNER: SOUTHEAST BULK, L.L.C.
FACILITY:
PROFESSIONAL ENGINEER CERTIFICATION
In accordance with the requirements of 40 CFR 112.3 (d) and 40 CFR 112.5 (c), the
following Professional Engineer's certification is provided for the technical amendment to
this Plan as described in Amendment # of the SPCC Plan Review And Amendment
Log. Implementation and adherence to this Plan is the responsibility of facility
owner/operator.
"I hereby certify that I am familiar with provisions of 40 CFR 112 and hereby attest to the following:
(i) the facility has been visited and examined by me or an agent on my behalf; (ii) this Plan
amendment has been prepared in accordance with good engineering practices, including
consideration of applicable industry standards, and with the requirements of 40 CFR 112; (iii)
procedures for required inspections and testing have been established; and (iv) this Plan
amendment is adequate for the facility. This certification shall in no way relieve the owner or
operator of his duty to fully implement this Plan in accordance with 40 CFR 112.7, as required."
Engineer:
Signature:
Date:
State:
License No.:
Engineer's Seal

1 KLE/NFELOER
\�—'9right l}ople. Rfgnt Sdutivm
APPENDIX E
STANDARD OPERATING PROCEDURE FOR FUEL UNLOADING
20183763.007A I CLT18R75959 March 29, 2018
© 2018 Kleinfelder www,kleinfelder.com

7, KLE/NFELOER
BHghrpe w' 049hrs"W
RECOMMENDED STANDARD OPERATING PROCEDURE
OIL UNLOADING PROCEDURES
POLICY: This SOP describes the delivery and unloading of all petroleum products to the
aboveground storage tanks. Facility management is responsible for ensuring this this operating
procedure is communicated to all oil handling personnel. It is suggested the procedure be posted
at the loading and unloading locations. This policy is incorporated into the Spill Prevention, Control
and Countermeasures Plan.
APPLICABILITY: This SOP applies to all staff in charge of managing and documenting petroleum
products delivery. This procedure incorporates the requirements set forth in 40 CFR 112.
PURPOSE: To provide for the proper handling and unloading of petroleum in accordance with
regulatory requirements.
PROCEDURES:
The tank truck must be attended by a trained operator.
2. Position the trailer as level as possible, engage parking brake and chock the wheels.
3. Prior to initiating transfer into a storage tanks, confirm that sufficient space is available in
the receiving tank to receive the contents of the tank truck and that piping is correctly
positioned to deliver to the designated tank.
4. Prior to filling a tanker truck, confirm that sufficient space is available in the receiving tank.
The lowermost drain and all outlets of vehicle must be examined for leakage and if
necessary tightened, adjusted, or replaced to prevent leakage while loading.
5. Ensure all hoses are connected tight and that a collection bucket is under the trailer
unloading valve.
6. The unloading operator must attend the operations and stand by the emergency shut off
controls at all times. No cell phones or other distractive devices or materials should be
present.
7. Once unloading has ceased, hoses will be disconnected so that all material in the lines
drains to a tank.
8. Inspect the area for any releases.
9. Prior to departure, the lowermost drain and all outlets of vehicle must be examined for
leakage and if necessary tightened, adjusted, or replaced to prevent leakage while
traveling.
20183763.007A I CLT18R75959 March 29, 2018
O 2018 Kleinfelder www.kleinfelder.com

('KL W-E-LOER
Bright P-pj.. Rign,solunon,.
APPENDIX F
SECONDARY CONTAINMENT CALCULATIONS
20183763.007A I CLT18R75959 March 29, 2018
© 2018 Kleinfelder www.kleinfelder.com

Secondary Containment Capacity Calculation (Existing)
Site Name: 288 Lyman Street, Asheville, NC
Precipitation Information
25-year 24-hour Precipitation Event (in.): 4.4
Precipitation Volume (gal): 14055.3
Tank Information
Diameter
Volume
Largest Tank ID
ft
al
Tank 13 (1 x 10,000 gal)
10.6
10000
Other Tanks Not Including the Largest Tank
Volume
Tank ID
Diameter
Quantity
Below Berm
(ft)
(gal)
A. B, C, D. F, 1, 2, 3, 4.
5.4
10
2284.2
14
E, 5
8.1
2
1027.9
6, 7, 8, 9, 10, 11, 12,
10.6
7
6161.0
elevated
15
1
1225.0
horizontal
16
elevated
horizontal
1
1225.0
0.0
0.0
TOTAL
11923.1
Secondary Containment Capacity
Gross Containment Capacity (gal)
51110A
Volume Occupied by Other Tanks (gal)
11923.1
Volume Occupied by Precipitation (gal)
14055.3
Volume of Excess Required Capacity (gal)
0,0
Net Containment Capacity (gal)
25131.8
Height
Secondary Containment Information
A ft)
114.9
B (ft.)
44.6
Berm Area (sq ft.)
5124.54
Berm Height (ft.)
1.33
Crack in wall reduced
available height
Excess Required Capacity
(State/Local)
Day of Production (gal) 0
Is Secondary Containment Adequate for the Largest Vessel? YES
' \ Notes:
KL E/NFEL OER
Bright People. Right Solutions.

Secondary Containment Capacity Calculation (Existing)
Site Name: 288 Lyman Street, Asheville, NC _
Precipitation Information
25-year 24-hour Precipitation Event (in.): 4.4
Precipitation Volume (gal): 140E 3
B
Tank Information
Diameter
Volume
Largest Tank ID
ft
al
Tank 13 (1 x 10,000 gal)
10.6
10000
Other Tanks Not Including the Largest Tank
Volume
Diameter
Tank ID
Quantity
Below Berm
(ft)
(gal)
A, B. C, D, F, 1, 2, 3, 4,
5.4
10
6281,5
14
E, 5
8.1
2
2826.7
6, 7, 8, 9, 10, 11, 12,
10.6
7
16942.8
elevated
15
hori ontal
1
1225.0
16
e evate
1
1225,0
horizontal
0.0
0.0
TOTAL
28500.9
Secondary Containment Capacity
Gross Containment Capacity (gal)
140552.8
Volume Occupied by Other Tanks (gal)
28500.9
Volume Occupied by Precipitation (gal)
14055.3
Volume of Excess Required Capacity (gal)
0.0
Net Containment Capacity (gal)
97996.6
Height
Secondary Containment Information
A (ft.)
114.9
B (ft.)
44.6
Berm Area (sq ft.)
5124.54
Berm Height (ft.)
3.67
Excess Required Capacity
(State/Local)
Day of Production (gal) 0
Is Secondary Containment Adequate for the Largest Vessel? YES
Notes:
KL E/NFEL DER
Bright People. Right Solutions.
w

{ KL E/NFEL OER
Bngn! People. AlgM Salutiem,
APPENDIX G
INSPECTION SHEETS
AND
SPILL DOCUMENTATION FORM
20183763.001A I CLT18R75959 March 29, 2018
0 2018 Kleinfelder www.kleinfelder.com w.kleinfelder.com

KL E/NFEL OER
hM� reeve-.Nx xex,nw
MONTHLY INSPECTION FORM (FIXED TANKS)
(from STI SP001 & API-653)
Oil Storage
ID No.
or Usage Water 1. 1 SWIR.ick
Location Secondary flo*, settling
rZing to
j Containment, or or
Interstice, or allow water
Description
UPIRRMIMM.M. J�Fn==
Egress
pathways
Clear and jParticularly
�..rs to foundation
Ladderand
platform
Structure
Secure W/ No
Tank Liquid
Level Gauge
Readable,
Free Movins—
Condition?
OUTSMM_;TM,
Are
Properly
-
—ViW7414W-U�
That Should Be
Addressed for
Continued Safe
,
A
2.000 gal Lube YES 1 NO YES I NO
Operable?r.
YES I NO YES I NO YES I NO
YES I NO
YES I NO
YES I NO
YES I NO
Oil AST
6
1,500 gal. Lube
YES I NO
YES 7 NO
YES I NO
YES I NO
YES 1 NO
YES 1 NO
YES I NO
YES I NO
YES I NO
Oil AST
0
1,500 gal, Lube
YES ! NO
YES 1 NO
YES I NO
YES I NO
YES 1 NO
YES 1 NO
YES I NO
YES I NO
YES I NO
OI AST
D
4,000 gal. Lube
YES ! NO
YES / NO
YES 1 NO
YES I NO
YES I NO
YES I NO
YES I NO
YES I NO
YES I NO
Oil AST
E
2,500 gal. Lube
YES I NO
YES 7 NO
YES I NO
YES I NO
YES 7 NO
YES I NO
YES I NO
YES 1 NO
YES 1 NO
Oil AST
F
4,000gaI. Lube
YES I NO
YES I NO
YES I NO
YES I NO
YES 1 NO
YES I NO
YES I NO
YES I NO
YES 1 NO
Oil AST
1
2,000gal, Lube
YES I NO
YES I NO
YES 1 NO
YES I NO
YES 1 NO
YES I NO
YES I NO
YES I NO
YES I NO
Oil AST
2
2,000gal. Lube
YES I NO
YES 1 NO
YES 1 NO
YES I NO
YES I NO
YES 1 NO
YES 1 NO
YES I NO
YES I NO
Oil AST
3
2,000gal, Lube
YES I NO
YES 1 NO
YES I NO
YES I NO
YES 7 NO
YES 1 NO
YES 1 NO
YES I NO
YES 1 NO
Oil AST
4
2,000 gal, Lube
YES I NO
YES 1 NO
YES I NO
YES 1 NO
YES 1 NO
YES 7 NO
YES 7 NO
YES I NO
YES / NO
Oil AST
5
6,000 gal. Lube
YES I NO
YES I NO
YES I NO
YES 1 NO
YES 1 NO
YES 7 NO
YES I NO
YES I NO
YES I NO
Oil AST
6
10,000 gal.
YES 1 NO
YES t NO
YES I NO
YES 1 NO
YES 7 NO
YES I NO
YES I NO
YES I NO
YES 7 NO
Lube Oil AST
7
10,ow gal_
YES I NO
YES 1 NO
YES I NO
YES 7 NO
YES I NO
YES 1 NO
YES I NO
YES I NO
YES I NO
Lube Oil AST
a
10,000 gal.
YES I NO
YES 1 NO
YES I NO
YES I NO
YES I NO
YES 7 NO
YES I NO
YES I NO
YES 1 NO
Lube Oil AST
9
10,000ga1.
YES I NO
YES I NO
YES 7 NO
YES 1 NO
YES 1 NO
YES 7 NO
YES I NO
YES I NO
YES I NO
Lube Oil AST
Distribution: Southeast Bulk, LLC
Retain this record For 3 years {do not destroy) Form Revised: 616/16

Oil Storage
or Usage
Location
Description
`
Water In
Secondary
Containment,
Interstice, or
Spill
SciURock
floor settling
or eroding to
allow water
channeling
Containment Paint Failure, Visible Signs of
Egress Corrosion, Leakage Around
Pathways Pitting present? the Tank, Concrete
Clear and (Particularly Pad, Containment,
Gatesf inspect bottom Ringwall, Piping.
Ladder and Tank Liquid
Platform Level Gauge
Structure Readable,
Secure W/ No Free Moving,
Sign Of Severe and in Good
All Tank
Openings
Are
Property
Sealed?
Other Conditions
That Should Be
Addressed for
Continued Safe
Operation or that
Container?
under AST?
Doors to foundation Valves, Pumps, ar
Operable? weldl� Ground?
Corrosion Or Condition?
Damage?
May Affect the
5PCC Plan?
®
r:
®®®®
•
®®®®
Oil AST
•• • •
Date Completed:
Distribution: Southeast Bulk, LK
Retain this record for 3 years (do not destroy) Farm Revised: 616/16

(LK E/NFEL DER
fM9,�ti�sw�
MONTHLY INSPECTION FORM (PORTABLE CONTAINERS)
(from STI SP001 & API-653)
Oil Storage Or Usage I
Tanks! Debris, Spills Or Water In Outdoor Drain Valves Egress Pathways Visible Signs Of 'Noticeable
Location Drums Within Fire Hazards In Secondary Operable Md In Clear And Leakage Around Container
Designated Containment Or Containment? Closed Position? Gates/Doors The Container Or Distortions,
Storage Storage Area? Operable? Storage Areal Buckling, Denting
Area? Or Bulging?
Norie
ADDITIONAL COMMENTS;
Inspector:D.
Distribution: Southeast Bulk, LLC
Retain this record for 3 years (do not destroy) Form Revised: 616116

{ KLE/NFELOE.4
INSPECTION FORM (UNDERGROUND STORAGE TANK)
Distribution; Southeast Bulk, LLC
Retain this record for 3 years (do not destroy) Form Revised: 6/6/16

f l(l�E/NFELAER
ANNUAL INSPECTION FORM
{FROM STI SPOOL S APLfi53)
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pf
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2,000 gal LtOr
I YES I NO
YES f NO
YES / NO
YES I NO
YES 1 NO
YES f NO
YES 1 NO
YES I
YES I NO
YES I NO
YES ! NO
YES 1 NO
YES I NO
YES ! NO
YES f NO
YES I NO
YES f NO
YES I NO
YES / NO
YES 1 NO
YES f NO
ON AST
No
B
gal.
I YES I NO
YES f NO
YES ! NO
YES I NO
YES f NO
YES f NO
YES 1 NO
YES I
YES I NO
YES I NO
YES ! NO
YES ! NO
YES I NO
YES 1 NO
YES I NO
YES I NO
YES 1 NO
YES f NO
YES f NO
YES I NO
YES I NO
Ltsm
vbr Oil AST
I`
NO
I
I
I
c
1,500 pal_
vE9 1 NO
YES I NO
YES 1 NO
YES + NO
YES I NO
YEN 1 NO
YES I NO
III I
YES I NO
YES I NO
YES ! NO
YES 1 NO
YES I NO
YES f NO
YES I NO
YES I NO
YES / NO
YES I NO
YES I NO
YES 1 NO
YES 1 NO
Lube N. AST
NO
O
1
f ..DW gar.
YES 1 NO
YE5 I NO
YES f NO
YES I NO
YES 1 NO
YES l NO
YES / NO
YES I
YES I NO
YES I NO
YES ! NO
YES I NO
YES I NO
YES ! NO
YES I NO
YES ! NO
YES 1 NO
YES 1 NO
YES 1 NO
YES 1 NO
YES 1 NO
4 Lube Od AST
I
NO
E
2.300 peL
YE9 I NO
YES ! NO
YES f NO
YES ! NO
YES / NO
YES I NO
YES I NO
YES I
YES I NO
YES I NO
YES ! NO
YES I NO
YES I NO
YES ! NO
YES I NO
YES ! NO
YES 1 NO
YES f NO
YES f NO
YES 1 NO
YES ! NO
Lub. dl AST
I
No
F
a000 Oat.
YES I NO
YES 1 NO
YES I NO
YES I NO
YESr NO
YES f NO
YES f NO
YES f
YES I NO
YES f NO
YES I NO
YES f NO
YES I NO
YES f NO
YES I NO
YES I NO
YES f NO
YES 1 NO
YES 1 NO
YES 1 NO
YES 1 NO
Lube UI AST
NO
t
2,000 paL
YES I NO
YES I NO
YES I NO
YES I NO
IS I NO
YES / NO
YES I NO
YES I
YES I NO
VES 1 NO
YES I NO
YES. l NO
IS 1 NO
VES 1 NO
YES I NO
YES I NO
YES I NO
YES 1 NO
YES 1 10
YES 1 NO
YE5 1 NO
tube 011 AST
I
NO
2
YES I NO
YES I NO
YES I NO
YES 1 NO
YES I NO
YES ! NO
YES I NO
YES 1
YES I NO
YES I NO
YES I NO
YES l NO
YES 1 NO
YES I NO
YES 1 NO
YES I NO
YES I NO
YES 1 NO
YES I d0
YES I NO
YES f NO
12.WOgal.
Whr Ol AST
NO
S
2p00paL
YES I NO
YES f NO
YES I NO
YES I NO
YES I NO
YES I NO
YES I NO
YES !
YES I NO
YES I NO
YES 1 NO
YES ! NO
YES 1 NO
YES.! NO
YES I NO
YES 1 NO
YES I NO
YES f NO
YES f NO
YES I NO
YES / NO
W b. Dil AST
I
I NO
A
gal.
YES f NO
YES I NO
YES I NO
YES 1 NO
YES I NO
YES I NO
YES I NO
YES f
YES I NO
YES I NO
YES I NO
YES 1 NO
YES 1 NO
YES I NO
YES f NO
YES I No
YES I NO
YES 1 NO
YES I NO
YES I NO
YES I NO
�2,000
Wh.OIIAST
NO
S
6.900 gN.
YES I NO
YES I NO
YES I NO
YES I NO
YES I NO
YES I NO
YES I NO
YES f
YES I NO
YES I NO
YES 1 NO
YES I NO
YES I NO
YES 1 NO
YES f NO
YES 1 NO
YES I NO
YES I NO
YES I NO
YES 1 NO
YES 1 NO
Wh. OIl AST
I
NO
S
19.0M.1.
YES f NO
YES ! NO
YES I NO
YES f NO
YES I NO
YES ! NO
YES I NO
YES I
YES I NO
YES I NO
YES 1 NO
YES I NO
YES ! NO
YES 1 NO
YES I NO
YES 1 NO
YES I NO
YES 1 NO
YES I NO
YES I NO
YES 1 NO
Luba Oil AST
I
NO
T
10,000 palL
YES f NO
YE5 I NO
YES I NO
YES I NO
YE5 I NO
YES I NO
YES I NO
YES f
YES I NO
YES I NO
YES 1 NO
IS ! NO
YES f NO
YES I NO
YES ! NO
YES 1 NO
YES I NO
YES I NO
YES 1 40
YES I NO
VES 1 NO
Lhh. Jd AST
NJ
S
10.000 WI.
YE5 I NO
YE5 ! NO
YE9 I NO
YE5 1 NO
YE8 I NO
YES 1 NO
VES I NO
vE3 !
YES I NO
YES I NO
YES 1 NO
YES I NO
YES ! NO
YES + NO
YES f NO
YES I NO
YES I NO
YES 1 NO
YES I NO
YES f NO
YESI NO
Wh. OiIAST
NO
DbpawNw: dralnratt MIL ILC
4ta•n LM rttwtl br 3 vran ado not tlervayl Lwm Rerred G6/16

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AST RECORD
OWNER
FACILITY
INSTALLER
Name:
Name:
Name:
Address,
Address:
Address:
TANK ID:
Specificalion:
Design:
❑ UL
❑ SWRI
❑ Horizontal ❑ Vertical ❑ Rectangular
API
❑ Other
❑ Unknown
Manufacturer:
Contents'.
Construction Date:
Last Repair/Reconstruction Date.
Dimensions:
Capacity:
Last Change of Service Date:
Construction:
❑ Bare Steel
❑ Cathodically Protected (Check one: A. ❑ Galvanic or B. ❑ Impressed Current) Date Installed:
[] Coated Steel
Cl Concrete
❑ Plastic/Fiberglass
❑ Double Bottom
❑ Double Wall
❑ Line Date Installed:
Containment:
❑ Earthen Dike
❑ Steel Dike,
❑ Concrete ❑ Synthetic Liner ❑ Other.
CRDM: ❑
Date Installed:
Type:
Release Prevention Barrier: ❑
Date Installed:
Type:
TANK ID:
Specification:
Design:
❑ UL
❑ SWRI
❑ Horizontal ❑ Vertical
❑ Rectangular
❑ API
❑ Other
❑ Unknown
Manufacturer:
Contents:
Construction Date:
Last RepairlReconstruction Data
Dimensions:
Capacity:
Last Change of Service Date:
Construction
❑ Bare Steel
❑ Cathodically Protected (Check one: A- ❑ Galvanic or B. ❑ Impressed Current) Date Installed:
❑ Coated Steel
❑ Concrete
❑ PlasticlFiberglass
❑ Double Bottom
❑ DoLble Wall
❑ Line Date Installed:
Containment
❑ Earthen Dike
❑ Steel Dike
❑ Concrete ❑ Synthetic Liner _ ❑ Other:
CRDM: ❑
Date Installed.
Type
Release Prevention Barrier: ❑
Date Installed:
Type:
Distribution: Southeast Bulk, LLC
Retain this record for 3 years (do not destroy) Form Revised: 6/6/16

SPILL / INCIDENT REPORT FORM
PARTA: DISCHARGE INFORMATION
Facility Information:
Facility Name;
Address:
Contact:
Telephone:
Oil Quantity Stored:
Discharge Dale and Time,
Discovery Date and Time:
Type of Oil Released:
Quantity Released:
Quantity Discharged to Waterbody-
Discharge Duration:
Fire Hazards: ❑ Yes ❑ No Describe:
Discharge LocatiorVSouroe:
Actions taken to stop, remove, and mitigate impacts of the discharge:
Affected Media: ❑ Air ❑ Water ❑ Soil ❑ Storm water sewer ❑ Sanaary sewer
❑ Oil / water separator ❑ Other
Nature of discharges, environmentallhealth effects, and damages:
Injuries: ❑ Yes ❑ No Describe,
Evacuation Required:
❑ Yes ❑ No Describe:
PART B: NOTIFICATION CHECKLIST
SCENARIO
AGENCY
TELEPHONE
DATE
TIME
NAME OF PERSON RECEIVING CALL
NAME OF PERSON MAKING
NOTIFICATION:
Release
(any amount)
Local Agency
Discharge to navigable water
National Response
Center
[phone]
(any amount)
Local Agency
Discharge to navigable water
(>1,000 a single event or >42
EPA Region
Written
NIA
gel gal
in two events wfin 124months)
Loral Agency
Written
NIA
Distribution: Southeast Bulk, LLC
Retain this record for 3 years (do not destroy) Farm Revised: 616/16

Course: Date:
Description of Training: _
TRAINING SESSION RECORD
Location: Time:
NAME
(PLEASE PRINT)
SIGNATURE
COST
CENTER
BADGE
NUMBER
DEPARTMENT
DATE OF
HIRE
Trainer's Name
Print
Trainer's Signature
Distribution: Southeast Bulk, LLC
Retain this record for 3 years (do not destroy) Form Revised: 6/6/16

CONTAINMENT AREA -DRAINAGE RECORD
Instructions: This record will be completed each time that accumulated liquid is removed from a containment area.
DATE
CONTAINMENT
AREA
LIQUID
SHEEN OR
OTHER SIGNS
OF MATERIAL
IN WATER?
YES OR NO
IS THE SOURCE
OF LIQUID
STORM WATER?
(YES OR NO). IF
NO PLEASE
EXPLAIN.
ANY
CORRECTIVE
ACTIONS
NECESSARY
AND TAKEN?
OPERATOR SIGNATURE
I
Distribution: Southeast Bulk, UC
Retain this record for 3 years (do not destroy) Farm Revised: 616/16

APPENDIX H
RECORDS
20183763.007A I CLT18R75959 March 29, 2018
© 2018 Kleinfelder www.kleinfelder.com

Records will be kept on the forms provided in this Plan or on substantially similar forms or in
records kept under usual and customary business practices. Records will be kept for at least 3
years. Records will be maintained in hard copy or electronic format in a designated location that
is readily accessible to the facility management.
20183763.007A I CI_T18R75959 March 29, 2018
© 2018 Kleinfelder v w Meinfelder.com

Southeast Bulk, L.L.C.
7014 A.C. Skinner Parkway, Suite 290
Jacksonville, Florida 32256
March 8, 2018
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office, DEQ
2090 U.S. Highway 70
Swannanoa, North Carolina 28778
RE: Notice of Violation and Notice of Intent to Enforce / NOV-2018-DV-0051 (Incident 9
201800272) / Southeast Bulk, L.L.C., 288 Lyman Street
Dear Mr. Davidson,
Southeast Bulk, L.L.C. ("Southeast Bulk") is responding to the Notice of Violation and
Notice of Intent to Enforce from the North Carolina Division of Water Resources within the
North Carolina Department of Environmental Quality dated February 22, 2018.
By way of background and information, Southeast Bulk acquired the Lyman Street
facility on August 31, 2016 as part of a larger transaction with Mountain Energy. Prior to the
acquisition, 288 Lyman Street was owned and operated by Mountain Energy for approximately
twenty years.
Your letter is correct that a release of home heating oil from a 20,000 gallon aboveground
storage tank occurred on February 4, 2018. The AST was not ruptured. The leak came from two
small holes on the bottom of the tank. A photograph of the holes in the tank is included with the
Gunter report described below in this letter.
Based on inventory records and the amount of product recovered and removed from the
tank, Southeast Bulk's estimate of the volume of home heating oil released into the containment
area is approximately 1,096 gallons.
As soon as Southeast Bulk became aware of the release, it immediately contacted and
dispatched Mountain
Environmental, its emergency response contractor. Mountain
Environmental was on -site by 4 p.i
containment booms and absorbent
Shortly after, they began recovering
implementing additional containme
Southeast Bulk, drove all night froi
February 5, 2018 at 6:45 a.m.
L. on February 4, 2018, and immediately began applying
ads at the stormwater outfall and the edge of the river.
free product, removing remaining product in the tank and
it measures. Skip Hutton, Director, Environmental for
1 Jacksonville, Florida arriving on -site Monday morning,

NCDEQ
March 8, 2018
Page 2
While digging an interceptor trench in the containment area on February 4, 2018,
Mountain Environmental uncovered an underground drainage pipe which was connected to a _ _
stormwater pipe leading to the river. Although the connection to the stormwater pipe was
equipped with a shut-off valve, the valve- was- not -working. —As a"result, an unknown amount of —
heating oil was discharged through the pipe to the river. Additional absorbent booms and pads
were placed in the stormwater drain location on Lyman Street to eliminate discharge to the
stormwater outfall. On the following day, the drainage pipe in the containment area was cut and
capped to eliminate any additional containment area discharges. The pipe will remain
permanently capped as an added precaution. Booms and pads were closely inspected and
replaced as needed in and around the outlet of the stormwater pipe and the adjacent river area.
Additional booms were also placed in areas downstream of the stormwater outfall as directed by
the Division of Water Resources.
The containment area, the outfall and the river areas have been inspected multiple times
each day since the release was identified. During the inspections, absorbent booms and pads
were replaced as needed. Mountain Environmental personnel were on -site every day from
February 4 through February 12. Mr. Hutton also remained on -site during this period every day
as well and following that period from February 13 through February17, on February 20 and
February 21.
Required Responses and Corrective Action
1) All discharges have ceased. All product has been removed from the 20,000 gallon
aboveground storage tank from which the release came and the two adjacent 15,000
gallon aboveground tanks located on site. Southeast Bulk is permanently closing out
all three ASTs and will no longer store or distribute home heating oil, gasoline or
diesel product at or from the Lyman Street facility.
2) Southeast Bulk continues to maintain oil -absorbent booms at the stormwater outfall
adjacent to the French Broad River and will do so until such time as no oil -sheen is
observed. On -site personnel inspect the booms daily and will notify Mountain
Environmental if there are any problems. For example,. Mountain Environmental was
on -site on Wednesday, February 281h, in response to an inspection by Brett Laverty of
your office. Mountain Environmental has been hired to continue inspecting the
containment area and the outfall area twice each week. During their inspections
Mountain Environmental will continue to maintain and replace booms and pads as
needed. Mountain Environmental was also on -site on Monday, March 5`h and added
additional booms along the river's edge in the area adjacent to the stormwater outfall.
3) Southeast Bulk estimates that approximately 1,096 gallons of home heating oil were
released from the 20,000 gallon AST. This estimate is based on inventory records
showing the amount of product put in the tank, the amount distributed from the tank,
the amount pumped out of the tank on February 4"', and the recovery of an estimated
390 gallons of free product.

NCDEQ
March 8, 2018
Page 3
The release came from two small holes in the underside of the tank. The Asheville
Fire Department noted during its emergency response, which included placing a
magnetic patch over the two small holes, that the holes were suspicious based on their
similar size and shape. As a result of the reported suspicious nature of the holes,
Southeast Bulk engaged Gunter Technical Service, LLC (a Certified American
Petroleum Institute Tank Inspector) ("Gunter") to inspect the tank. Based on his
inspections, which included ultrasound and technical analysis of the tank's thickness,
Gunter Services determined that the holes are not the result of corrosion and that it
appears the holes may have been intentionally created. A copy of a report from
Gunter is enclosed with this letter. Southeast Bulk has referred the matter to the
Asheville Police Department ("APD"), and APD is conducting a criminal
investigation.
As previously stated, the Asheville Fire Department placed a magnetic pad on the
holes during its emergency response, which was a very effective initial action. This
was done on the afternoon of February 4 and ended the release of heating oil from the
tank. The remainder of the product in the tank was pumped out that day. The
duration of the tank release appears to have been for a period of less than 24 hours.
All product has also been removed from the two other fuel ASTs on site (located
adjacent to the heating oil AST), and all fuel ASTs on site are being permanently
closed. No home heating oil, unleaded gasoline or diesel are being stored on or
distributed from the site. When Southeast Bulk acquired this facility in August 2016,
it planned to move all bulk fuel storage from this site to another facility; however, the
planned upgrades to that facility have taken longer than expected.
Southeast Bulk was not aware of the drainage pipe in the containment area or its
connection to the stormwater pipe and the cut-off valve. The containment area
drainage included the buried pipe and a buried plastic 55 gallon drum with drilled
perforations. It was discovered during the excavation of the interceptor trench in the
containment area on Sunday February, 4t'. The connection to the storm drain and the
inoperable valve were discovered the same day. As a result, Mountain Environmental
was directed to place booms in the stormwater drain connected to the stormwater pipe
at the edge of Lyman Street and to cap the drainage pipe in the containment area
before it coupled into to the stormwater pipe. The boom placement was dome
immediately on February 41h, and the drainage pipe was cut and capped the next day
on February 51h to permanently eliminate any potential discharge to the stormwater
pipe leading to the river,
Southeast Bulk acquired this facility in August 2016. As part of the pre -purchase
Phase I Environmental Assessment, an environmental document request was made to
the previous owner and a partial Stormwater Pollution Prevention Plan for the site
was provided. However, the partial copy of the plan was missing appendices. In
addition, no site drawing showing the existence of the containment area drainage
piping and barrel was provided by the previous owner. After the release on February

NCDEQ
March 8, 2018
Page 4
4"' Southeast Bulk reviewed additional Mountain Energy files located on site and
obtained a more complete copy of the Stormwater Pollution Prevention Plan that
contained-4 drawing showing`tlie containment drainage pipe (which, again, had not
been provided to Southeast Bulk previously). A copy of the plan with appendices is
included with this letter.
Southeast Bulk did not own the Lyman Street facility in April 2008 and was not
aware of the letter referenced in your letter. When Southeast Bulk became aware of
this connection on February 4, Mountain Environmental was directed to place booms
in the storm drain connected to the storm pipe to absorb any product or sheen in the
storm pipe and to cut and cap the containment area pipe. The booms were placed
immediately and the pipe was capped the next day on February 5`'
Southeast Bulk appreciates the serious nature of a release of petroleum product. Upon
becoming aware of the release, Southeast acted promptly and appropriately to terminate the
release, minimize damage to the environment and prevent any future release. Southeast Bulk
also acknowledges and commends the emergency response work of the Asheville Fire
Department to contain and cleanup the release. Southeast Bulk will continue to work diligently
with the Division of Water Resources and the Division of Waste Management to complete the
initial assessment and any additional required cleanup.
As indicated earlier herein, the petroleum storage tanks at 288 Lyman Street will no
longer be used for storage or distribution. Southeast Bulk has engaged ECS Southeast, LLP to
do the initial assessment work at the site. ECS has contacted Mr. Mike Streeter with the
Division of Waste Management to review their initial assessment work plan and the work
schedule. A copy of ECS's initial assessment report will be provided to both you and Mr.
Streeter.
Southeast Bulk asks that DEQ, in its consideration of enforcement action, take into
account Southeast's relatively recent acquisition of the facility, the real possibility that the holes
in the tanks were intentionally created, and that Southeast Bulk had no knowledge that a buried
drainage pipe in the containment area was connected to a stormwater pipe. Due diligence
conducted on this site by Southeast Bulk and qualified consultants on the site did not identify or
discover the buried drainage pipe and could not have done so without excavation. Additional
consideration is asked for the very effective initial and continuing response by Southeast Bulk
staff and our local emergency response contractor, Mountain Environmental (whom we had
engaged upon acquiring this and our other North Carolina facilities for exactly such event).
Brett Laverty from your office has been in regular communication with Skip Hutton, our
Director Environmental. If you have questions, or need additional information, you or Mr.
Laverty may contac d me or Skip Hutton.

NCDEQ
March 8, 2018
Page 5
Your continued response and assistance in this matter are most appreciated.
Si erely,
L
Aubrey L. Edg Manager
Southeast Bulk, L.L.C.
Enclosures
cc: Skip Hutton
Keith Daw
William Clarke

Compliance Inspection Report
Permit: NCG080797 Effective: 12/12/12 Expiration: 10/31/17 Owner: Southeast Energy LLC
SOC: Effective: Expiration: Facility: FCE #9406
County: Buncombe 288 Lyman St
Region: Asheville
Asheville NC 28801
Contact Person: Jennifer Morgan Title: Phone: [phone]
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
On -site representative
Related Permits:
Inspection Date: 02/14/2018
Primary Inspector: Shawna Riddle
Secondary Inspector(s):
Certification: Phone:
Jennifer Morgan 828-772-4290
Entry Time: 10:00AM Exit Time: 11:15AM
Phone:
Reason for Inspection: Complaint Inspection Type: Compliance Evaluation
Permit Inspection Type: Transportation wNehicle Maintenance/Petroleum BulklOil Water Separator Stormwater Discharge COC
Facility Status: Compliant Not Compliant
Question Areas:
Storm Water
(See attachment summary)
Page: 1

ig
Permit: NCG080797 Owner - Facility: Southeast Energy LLC
Inspection Date: 02J14/2018 Inspection Type : Compliance Evaluation Reason for Visit: Complaint
Inspection Summary:
Met with Jennifer Morgan and Skip Hutton for the inspection. Inspection was due to a heating oil release into the French
Broad River on February 4, 2018. The SPPP plan is not current and has not been updated since 2008. The facility has 3
outfalls that discharge into the river. During the inspection all 3 outfalls were -under water. Analytical and qualitative
monitoring is not being conducted as required. The facility has one 20,000 gallon and two 15,000 gallon above ground
storage tanks. All product had been removed from the tanks during the inspection. Oil -absorbent booms and pads were in
place at 2 of the outfalls. The drainage pipe from the secondary containment area connected to the stormwater pipe has
been cut and capped.
As discussed onsite- update and implement SPPP, conduct monitoring as required, for the oil and water separator take the
sample in the 3rd (last)chamber if the outfall is under water during a sampling event, submit a written explanation by
February 20, 2018 (can be submitted by email) detailing the events that happened and what measures were taken to correct
noncompliance, if this site will no longer be used for bulk storage - you will need to request a permit rescission for this site
and apply for a permit for the new location of the bulk storage facility.
Page: 2

W *
permit NCGO80797 Owner - Facility: Southeast Energy LLC
Inspection Date: 02/14/201 B Inspection Type : Compliance Evaluation
Reason for Visit: Complaint
Stormwater Pollution Prevention Plan
Yes Na NA NE
Does the site have a Stormwater Pollution Prevention Plan?
❑ 0 ❑ ❑
# Does the Plan include a General Location (USGS) map?
❑ ®❑ ❑
# Does the Plan include a "Narrative Description of Practices"?
❑ 0 ❑ ❑
# Does the Plan include a detailed site map including outfall locations and drainage areas?
❑ 0 ❑ ❑
# Does the Plan include a list of significant spills occurring during the past 3 years?
❑ E ❑ ❑
# Has the facility evaluated feasible altematives to current practices?
❑ 0 ❑ ❑
# Does the facility provide all necessary secondary containment?
❑ 0 ❑ ❑
# Does the Plan include a BMP summary?
❑ 0 ❑ ❑
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
❑ E ❑ ❑
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
❑ i ❑ ❑
# Does the facility provide and document Employee Training?
❑ ®❑ ❑
# Does the Plan include a list of Responsible Party(s)?
❑ ®❑ ❑
# Is the Plan reviewed and updated annually?
❑ ®❑ ❑
# Does the Plan include a Stormwater Facility Inspection Program?
❑ ®❑ ❑
Has the Stormwater Pollution Prevention Plan been implemented?
❑ ®❑ ❑
Comment: SPPP plan was from 2008_ Sampling is not being conducted.
SPPP is not current and has not
been updated.
Qualitative Monitoring
Yea No NA NE
Has the facility conducted its Qualitative Monitoring semi-annually? ❑ ■ 1313
Comment: Sampling is not being conducted
Analytical Monitoring Yes No NA NE
Has the facility conducted its Analytical monitoring? ❑ 0 ❑ ❑
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ ❑
Comment: Sampling is not being conducted
Permit and Outfalls Yes No NA NE
# Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ 0 ❑ ❑
# Were all outfalls observed during the inspection? ® ❑ ❑ ❑
# If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ W ❑
# Has the facility evaluated all illicit (non stormwater) discharges? ❑ 0 ❑ ❑
Comment: Outfalls were under water at the time of inspection.
Page: 3

A7WADivision of Energy, Mineral & Land Resources
�Land Quality Section/Stormwater Permitting
National Pollutant Discharge Elimination System
NCDENR
PERMIT NAME/OWNERSHIP CHANGE FORM
FOR AGENCY USE ONLY
Dais Received
Year
Month
0
L Please enter the permit number for which the change is requested.
NPDES Permit (or) Certificate of Coverage
O Ile 10 `11 19 1-11
[I. Permit status rp for to requested change.
a. Permit issued to (company name): i�'�ot�.yin C11tr4y Cor(�e �o,itx�
b. Person legally responsible for permit:
First MI Last
Title
`�'i b lax tu5a
Permit Holder Mailing Address ?
City State Zip
Phone Fax
c. Facility name (discharge):
d. Facility address: L�? t.. Y tPn�n SiceeTt"
Address
�glnev;ll¢. NC 2�8� t _
City State Zip
e. Facility contact person: ( )
First / MI / Last Phone
III. Please provide the following for the requested change (revised permit).
a. Request for change is a result of: 9 Change in ownership of the facility
❑ Name change of the facility or owner
!f other please explain:
b. Permit issued to (company name): Enqv:Ay_ LLC _
c. Person legally responsible for permit: DAArtV
First I MI LaY
Man%Q _
�^ Tt e
��ty �•C• SK �' r StAite G-R,J
Permit Holder Mailing Address
t
City Stale Zip
5 (p 32M 1_i censi cas`'Cctuty •c"'Y1
Phone E-mail AdIlress
d. ' Facility name (discharge): FCrr -ts ` 90(o
e. Facility address: 'UM Li rnan S tct-
Address
t'�shtvi�itt QC_
City State ; 1 Zip
f. Facility contact person: M-_����- r iA ^ on
First Ml LAM
jZti -1Z — qZqo
Phone E-mail Address
IV. Permit contact information (if different from the person legally responsible for the permit)
Revised Jan, 27, 2014

NPDES PERMIT NAME/OWNERSHIP CHANGE FORM
Page 2 of 2
Permit contact:
First MI Last
Title
7ul4 A,C� Sk►nnQr ►^kwc.y� Su;�t 'Zqo
Mailing Address T^�
�a�kic:tlV;t +-C- 3Z5t;
City State zip
e`��, Cc.
Phone E-mai Address On
V. Will the permitted facility continue to conduct the same industrial activities conducted prior
to t is ownership or name change?
V Yes
❑ No (please explain)
ul Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS
AMINCOMPLETE OR MISSING:
This completed application is required for both name change and/or ownership change
requests.
Legal documentation of the transfer of ownership (such as relevant pages of a contract deed,
or a bill of sale) is renuired for an ownership change request. Articles of incorporation are
not sufficient for an ownership change.
.....................................................................................................................
The certifications below must be completed and signed by both the permit holder prior to the change, and
the new applicant in the case of an ownership change request. For a name change request, the signed
Applicant's Certification is sufficient.
PERMITTEE CERTIFICATION (Permit holder prior to ownership change):
1, , attest that this application for a name/ownership change has been reviewed and is accurate and
complete to the best of my knowledge, I understand that if all required parts of this application are not
completed and that if all required supporting information is not included, this application package will be
returned as incomplete.
Signature Date
APPLICANT CERTIFAT
I, t"O _
Raa�s� cation f& a name/ownership change has been reviewed and is accurate and
complete to the best of my knowledge. I understand that if all required parts of this application are not
completed and that if all required supporting information is not included, this application package will be
retu ed as in fete.
Sign ture Date
PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO:
Division of Energy, Mineral and Land Resources
Stormwater Permitting Program
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Revised Jan. 27, 2014

Papa 1 of 5
Doc I0: 030477490008 Tvo�4C
7
Roocrdsd, 09/02/2o$$ at d1
Fee /+at: $2.086.00 Page 1 of 6
Revenue TO. $2,040.00
1lorkflow& 0000363466-0001
Buncombe County. NC
Grew Ralelnpar Register of 0aeds
ex5464 Pa823-827
Parcel Identifier No. 9638-95-8960 and 9638-96-7111
Excise Tax: $2,060
This instrument was G. Grey Littlewood
prepared by: Nelson Mullins Riley bt Scarborough LLP
4140 Parklake Ave.
Raleigh, NC 27612
rn. weun.m wew�ad br
Aftcr recording return to: Grantee ■NemadNCa>mnw.tta*,a�rKWas,r bwcwe
�C3oy[ 3 ,>r�dft Terrw.corunn
� RJR. _
Brief description for the Index:
788 LYME Street
NOR7Ti CAROLINA SPECIAL WAREMIX 12EED
THIS DEED made this 31st day of August, 2016 by and between
MOUNTAIN ENERGY HUME HEAT, NORTH CAROUNA SEVEN, L.L.C.
LLC, a Colorado limited liability company
a North Carolina limited liability company 7014 A.C. Skinner Parkway, STE 290
352 Georgia Avenue Jacksonville, FL 32256
Waynesville NC 28786
C 1 T?
Book: 5464 Page: 823 Seq; 1
Book: 5464 Page: 823 Page t of 5

Pats 2 of 5
P
The designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as
required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the
receipt of which hereby is acknowledged, has and by these presents does grant, bargain, sell and
convey to the Grantee in fee simple, all that certain lot or parcel of land and the improvements
thereon Situated in @County, North Carolina and more particularly described in Ezhihit
A (collectively, the "Property"), which is attached hereto and.incorporated herein by reference.
The Property was acquired by Grantor by instrument recorded in Hook 5089, Parse 994
unto County, North Carolina Register of Deeds.
— - TO HAVE AND TO HOLD the aforesaid Property and all privileges and appurtenances
thereto belonging to the Grantee in fee simple:
And Grantor covenants with the Grantee that Grantor has done nothing to impair such
title as Grantor received, and Grantor will warrant and defend the title against the lawful claims
of all persons claiming by, under, or through Grantor, except for the exceptions hereinafter
stated.
Title to the Property is subject only to the exceptions as set forth in Exhibit B attached
hereto and incorporated herein by reference and none others.
THE PROPERTY HEREIN CONVEYED DOES NOT INCLUDE THE. PRIMARY
RESIDENCE OF GRANTOR.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
SIGNATURE PAGE FOLLOWS]
Book: 5464 Page: 823 Seq:2
Book: 5464 Page: 823 Page 2 of 5

Pogo ] of S
IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its
corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of
its Board of Qirea m, the day and year first above written.
GRANTOR: MOUNTAIN ENERGY HOME HEAT, LLC
By: N 1
Thomas R. Morgan, Manager
STATE OF &(
COUNTY OF 11 =be -
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document: THOMAS R.
MORGAN
Sworn to (or affirmed) and subscribed before me, this fist'' day of
2016.
AMA44�j P.
Notary Public
.r� w n+r+rare
�rtOMPS0�
Print
„r ram`
,o¢" G�E�xgb =
J
Name ��l - P. r" PA W
(Note. Notary Prrblrc mus) sign a-Wctfy as notary seal]
�* 1
z '
r
My Commission
I., NORM GA.`�•``
Expires: �lb- I > 1$' - -
rU,rIlN1��`"
[NOTARY SEAL]
Book: 5464 Page:823 Seq:3
Book: 5464 Page: 823 Page 3 of 5

Papa 4 or 5
STORE NO. 306 (LYMAN STREET):
HAT.1"J"
EXHIBIT A
BEGINNING at a point on the East margin of Lyman Street, at the Northwest corner of the tract
conveyed by hrllan A. Woodcock, Jr.. and wife to J.A. Woodcock, Sr., by Deed dated October 26.
1934, recorded in the Office of the Register of Decds for Buncombe County. North Carolina in Deed
Book 477, at Page 447, and runs thence with the North 5= of said tract North 82° 38' East 446.00 fee
to a stake in the edge of the tight -of --way of the Southern Railway Company; thence with said right-of-
way South 5' 00' East 16.95 fee to a stake; thence South 85° 00' West 135,00 feet to a stake; thence
South 5' 00' Fast 95.90 feet to a stake; said stake being ten feet in a northern direction from the fence
marking the North boundary of the coal yard as now located; thence South 86' 40' West 327,00 feet
parallel with said fence to a stake on the East margin of Lyman Street; thence with said margin of said
street. North 010 00' East 146.10 feet to the BEGINNING. being the northern portion of the tract of
-- - -- — land described in the Deed referred to above. - - -
-TRACT 2: -
Lying and being in Ward 4, Asheville Township, Buncombe County, North Carolina, and more
particularly described as follows:
BEGINNING at an 'x' an a large rock over a culvert at the eastern edge of Lyman Street (NC #81).
the southwest comer of the property conveyed to Texaco by deed recorded in Deed Book 211. Page
350, Buncombe County Registry, and manila& thence North 82 degrees East 130.0 feet to an old iron
Pipe; thence North 0 degrees 20 minutes 73 seconds East 293.79 feet to a P.K. nail located in the paved
right of way leading to Bonus Insulation Co. and the John M. Reynolds Property; thence South 77
depees 48 minutes West 130.0 feet to a P.K. wil located in the tight of way where it intersects with
Lyman Street (NC 181); thence with Lyman Street (NC 181) South 0 degrees 41 minutes 15 seconds
West 284.42 feet to the point of BEGINNING, comaining 36.915 spurt feet.
The insured property is less and except the land described in Deed to City of Asheville recorded in
Book 5425. Page 631 described as follows:
Beginning at a Point at—L-SFA. 76+43.08 13.83' RT. thence S 80"10'33' W 67.46 ft. to a point;
thence S 01 05'38' E 284.56 ft. to a point; thence S 02'16115' W 307.35 ft. to a point; then N
87-28'03" E 57.72 ft. to a point; thence N 02^38'40' E 311.47 ft, to a point; thence a" a curve N
00'53'28' E 180.93 ft. to a point; then N 00`51'46" W 108.50 ft, to a point; returning to the place of
beginning. Containing 36,715 square feet more or teas.
AND
Beginning at a Point at—L•STA, 81+75.30 33.27'LT, thence S 88`58'45' E 6,72 to a point; thence S
01^47'01' W 64.95 ft. to it polm; thence S 87"28'03' W 7.73 ft. to a point; thence N 02" 38'40' 6
65.45 ft. to a Point; returning to the place of beginning. Containing 480 square feet more ar less.
Book; 6464 Page: 823 Seq: 4
Book: 6464 Page: 823 Page 4 of 5

Paps 3 of 5
EXHIBIT B
Permitted Exceptions
I . Taxes and assessments for the year 2016 and subsequent years, not yet due and payable.
2. Easement(s) in favor of Carolina Power and Light Company as mcorded in Book 1266,
Page 661 & 662, Buncombe County Registry. (Tract 1)
3. Title to that portion of the land, if any, lying within the Southern Railroad right of way.
(Tract 1)
4.. Right in common with others to use a ten (10) foot strip of land on the south side of the
property for alley purposes as set forth in Deed Book 711, Page 475 and in Deed Book
1092, Page 349, Buncombe County Registry. (Tract 1)
S. Title to that portion of the property within the right-of-way of Lyman Street (45' public
R/W) as shown on that survey dated April 15, 2016. last revised July 28, 2016, by Jimmy
F. Cain, P.L.S.
6. Deed of Permanent and Temporary Easement recorded in Book 5425, Page 634,
Buncombe County Registry.
7. Matters as shown on that survey dated April 15, 2016, last revised July 28, 2016, by
Jimmy F. Cain, P.L.S. as follow:
a. Chainlink fence crosses the property line.
b. Drainage inlets and power pole.
i 288 LYMAN STREET
Book: 5464 Page: 823 Seq: S
Book: 5464 Page: 823 page 5 of 5

(� North Carolina Departmer
t!�FILE
SURFACE WATER PROTECTION
April 2, 2008
Thomas Morgan
Mountain Energy Corporation
352 Georgia Avenue
Waynesville, NC 28786
Subject: NPDES Stormwater Permit Compliance Inspection
Mountain Energy — Asheville Site
Permit No: NCGO80797
Buncombe County
Dear Mr. Morgan:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
nvironment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Asheville Regional Office
This letter is in follow-up to the NPDES Stormwater Permit Compliance Inspection conducted on
March 19, 2008. The facility was found to be in compliance with permit NCG080797.
Enclosed is a copy of the Compliance Inspection Report, which contains additional observations
and comments for your reference.
Please contact me at [phone] or
assistance.
Sincerely,
Chuck Chuck Cranford
Enclosure
cc: Richard Pack -- Transportation Manager
Central Files
Asheville Files -
[e-mail], if I can be of any further
One
Nloi-rilcaro Ina
� lafur•Rlly
2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: [phone] Fax: [phone] Customer Service 677-623-6748
G:IWPDATAIDEMWQ18uncombe\Stormwater Transit and Transportation NCG0B\MountainEnergy_AVLCE12008.doc

h
Compliance Inspection Report
Permit: NCGO80797 Effective: 02/15/08 Expiration: 10/31/12 Owner: Mountain Energy Corporation -Asheville
SOC: Effective: Expiration: Facility: Mountain Energy Corporation
County: Buncombe 288 Lyman St
Region: Asheville
Asheville NC 28801
Contact Person: Thomas Morgan Title: Prone: 328-456-9413
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 03119/2008 Entry Time: 11:15 AM Exit Time: 01:30 PM
Primary Inspector: Chuck Cranford Phone:
Secondary Inspector(s):
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Transportation wNehicle Maintenance/Petroleum Bulk1Oil
Water Se arator Stormwater Discharge COC
Facility Status: ® Compliant LI Not Compliant
Question Areas:
® Storm Water
(See attachment summary)
Page: 1

Permit: NCGO80797 owner - Facility: Mountain Energy Corporation -Asheville
Inspection Date: 03/1912008 Inspection Type: Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
The Mountain Energy Asheville site recently received coverage under an NCG08 permit. At the time of the inspection the
site was found .to be in compliance with the permit. Mr. Thomas Morgan and Mr. Richard Pack were present for the
inspection. Mr. Pack assisted the inspector with the -document review and facility inspection, providing ample assistance
and information, -
Several noteworthy items were indicated during the visit:
1) It was determined that four stormwater discharge outfalls (SDOs) convey stormwater from the site. Three were
indicated on the site plan. The site plan should be updated accordingly.
2) Analytical sampling techniques were discussed (i.e., collecting grab samples before the stormwater mingles with runoff
from the public street and from the final chamber of the oil/water separator.
3) A locking device is required on the shutoff valve for the tank farm secondary containment structure.
4) The floor drain in the blue storage building should be protected from spills or closed permanently.
5) The machinery/equipment stored along the southern property boundary should be removed or covered to prevent
possible stormwater contamination.
Note: Regarding semi-annual analytical stormwater sampling -- to comply with NPDES requirements, the facility must
either train on -site staff to conduct pH measurements in accordance with approved methods or contract with commercial
services that can monitor pH properly on -site. pH must be measured within 15 minutes of sample collection. Federal
regulations require that any data collected (including pH measurements) and submitted in response to an NPDES permit
conform to test procedures in 40 CFR §136. Using a North Carolina certified lab is usually the easiest way to ensure
compliance with NPDES Program requirements.
Page: 2

Permit: NCGO80797 Owner - Facility: Nlountain Energy Corporation -Asheville
Inspection Date: 03/19/20fl8 Inspection Type: Compliance EvHltlaiiOn Reason for Visit: Routine
Stormwater Pollution Prevention Plan Yes No NA NE
Does the site have a Stormwater Pollution Prevention Plan?
®
n
n
n
# Does the Plan include a General Location (USGS) map?
Im
n
n
n
# Does the Plan include a "Narrative Description of Practices"?
®n
n
n
# Does the Plan include a detailed site map including outfall locations and drainage areas?
®
n
n
n
# Does the Plan include a list of significant spills occurring during the past 3 years?
m
n
n
n
# Has the facility evaluated feasible alternatives to current practices?
®
n
n
n
# Does the facility provide all necessary secondary containment?
®
n
n
n
# Does the Plan include a BN1P summary?
®n
n
Cl
# Does the Plan include a Spill Prevention and Response Plan (SPRP)?
®
n
n
n
# Does the Plan include a Preventative Maintenance and Good Housekeeping Plan?
®
n
n
n
# Does the facility provide and document Employee Training?
®
n
n
n
# Does the Plan include a list of Responsible Party(s)?
®
n
n
n
# Is the Plan reviewed and updated annually?
®
n
n
n
# Does the Plan include a Stormwater Facility Inspection Program?
®
n
❑
❑
Has the Stormwater Pollution Prevention Plan been implemented?
®
n
n
n
Comment:
Qualitative Monitoring
Yes
No
NA
NE
Has the faClity conducted its Qualitative Monitoring semi-annually?
t!
®
l!
n
Comment: First semi-annual sampling period has not expired.
Analytical Monitoring
Yes
No
NA
NE
Has the facility conducted its Analytical monitoring?
n
In
❑
n
# Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas?
❑
n
Comment; First semi-annual sampling period has not expired.
Permit and Outfalls
Yes
No
NA
NE
# Is a copy of the Permit and the Certificate of Coverage available at the site?
®
n
n
n
# Were all outfalls observed during the inspection?
®
n
00
# If the facility has representative outfall status, is it properly documented by the Division?
n
n
00
# Has the facility evaluated all illicit (non stormwater) discharges?
®
n
Cl
n
Comment:
Page: 3

. DWQ-SWP
Facility/Site Review
Date: �g
Site Name:
Reviewers:
SS
Permit Number:C���
Purpose of
Review:
Comments/Findings:
14 WI )
kWd
G:1kPDATA}DEMWQLStormwater5SiteRe%iewSheet7,doe Page 1 of 2
Created on 3P6POD$ 12:23 PM

DWQ-SWP
Facility/Site Review
Comments/Findings:
G'A4TDATAIDEIIWQ1StormwalerlSiteReviewSheetZdoe Page 2 of 2 Created on 3l2UNN 12:23 PM

"T
� I���VY
L o�54

W A 7
r
D
Mr. Thomas R. Morgan, President
Mountain Energy Corporation
288 Lyman Street
Asheville, North Carolina 28801
Dear Mr. Morgan:
5.
Michael F. Easley, Governor
-William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
July 27, 2007 0FR
ateisnlEi"5uhins, Director
{} Y D� isio ' Water Quality
_ U
J U L 3 0 2007
WAT R r3UAL1fY SECTION
_1 F_V1LL R1 _12 NAt OFFIC
Subject: General Permit No. NCG080000
Mountain Energy Corporation
COC No. NCG080797
Buncombe County
In accordance with your application for a discharge permit received on June 14, 2007, we are
forwarding herewith the subject certificate of coverage (COC) to discharge under the subject state —
NPDES general permit. This permit is issued pursuant to the requirements of North Carolina General
Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US
Environmental Protection Agency dated May 9, 1994 (or as subsequently amended).
If any parts, measurement frequencies, or sampling requirements contained in this permit are
unacceptable to you, you have the right to request an individual permit by submitting an individual
permit application. Unless such demand is made, this certificate of coverage shall be final and binding.
Please take notice that this certificate 6f coverage is not transferable except after notice to -the
Division of Water Quality. The Division of Water Quality may require modification or revocation and
reissuance of the certificate of coverage. This permit does not affect the legal requirements to obtain
other permits which may be required by the Division of Water Quality or permits required by the
Division of Land Resources, Coastal Area Management Act or any other federal or local governmental
permit that may be required.
If you have any questions concerning this permit, please contact Bill Diuguid at telephone
number [phone] ext. 382.
Sincerely,
�IGKE Sincerely,
BY
Coleen H. Sullins
cc: Asheville Regional Office
Central Files
Stormwater Permitting Unit Files
Attachments
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone]
Internet: www.newalerglillity.org Location: 512 N. Salisbury St, Raleigh, NC 27604 Fax [phone]
oe Carolina
NNaturally
Customer Service
1-877-623-6748
An Equal OpporlunitylAffirmalive Action Employer — 50% Recycled!# 0% Post Consumer Paper

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
. DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCGO80000
CERTIFICATE OF COVERAGE No. NCG080797
STORMWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the
Federal Water Pollution Control Act, as amended,
Mountain Energy Corporation
is hereby authorized to discharge stormwater from a facility located at
Mountain Energy Corporation
288 Lyman Street
Asheville
Buncombe County
to receiving waters designated as the French Broad River, a Class B river, French Broad River Basin; in accordance
with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI
of General Permit No. NCGO80000, as attached.
This Certificate of Coverage shall become effective July 27, 2007.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day July 27, 2007.
ORIGINAL SIGNED BY
KEN PICKLE
Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission

Mountain E
Lam
Latitude: 35c34'41"
County: Buncombe Mountain Energy Location
Stream Class: B Corporation
Receiving Stream French Broad River
Sub -basin: 04-03-02 (French Broad River Basin) NOT ICAUD

STORMWATER POLLUTION
PREVENTION PLAN
PREPARED FOR:
Mountain Energy
288 Lyman Street
Asheville, NC 28801
PREPARED BY
Timothy Laughlin, PE
North Carolina Petroleum Marketers Association (NCPMA)
7300 Glenwood Avenue
Raleigh, North Carolina 27612
Web site: www.ncpma.orq
919-782-4411
Nom-H SEAL
P�o«u�n nrwvc�r�
Fueling Nlf
Albrth Carolina's Future
PREPARED: JULY 17, 2007

Y
Mountain Energy
Asheville, NC
Table of Contents
1.0 Introduction
1.1 Objectives and Requirements of Stormwater Regulations 4
1.2 The Stormwater Pollution -Prevention Plan 4
1.3 General Facility Information 5
2.0 Pollution Prevention Team/Responsible Parties 6
3.0 Site Plan
3.1 Site Description 7
3.1.1 General 7
3.1.2 Stormwater Outfalls/Sheet Flow 7
3.2 Material Inventory and Storage Practices 8
3.3 Significant Exposed Materials 9
3.4 List of Significant Spills and Leaks 9
3.5 Non-Stormwater Discharge Assessment and Certification 10
4.0 Stormwater Management Plan
4.1
Narrative of Existing Management Practices
11
4.2
Summary of Pollution Sources
12
4.3
Secondary Containment Schedule
13
4.4
Soil Erosion and Sediment Control
13
4.5
Best Management Practices Identification and Implementation
13
4.6
Technical and Economic Evaluation
14
5.0
Spill Prevention and Response Plan (US EPA SPCC Plan)
5.1
Potential Spill Areas
14
5.2
Spill Response and Reporting Procedures
14
6.0
Preventative Maintenance and Good Housekeeping Program
6.1
Preventative Maintenance
15
6.2
Good Housekeeping
15
7.0
Employee Training Program and Schedule
16
7.1
Spill Prevention and Response Training
16
7.2
Preventative Maintenance Training
16
7.3
Good Housekeeping Training
16
7.4
Frequency and Documentation of Training
17
8.0
Stormwater Monitoring
17&18
9.0
Summary
19
10.0
Certifications
18
Mountain Energy -Asheville, NC 2

SCHEDULE OF TABLES
Table 1.1
General Facility Information
5&6 .
Table 2.1
Pollution Prevention Team
6
Table 3.1
Exposed Material Inventory
8
Table 3.2
List of Significant Spills and Leaks
10
Table 3.3
Non-Stormwater Discharge Inspection Form
11
Table 4.1
Summary of Potential Pollution Sources
12
Table 4.2
Secondary Containment Schedule
13
FIGURES
Figure 1:
U.S.G.S. Topographic Map
20
Figure 2:
Site Map
21
APPENDICES
Appendix A
Preventive Maintenance Inspection Form
Appendix B
Stormwater Pollution Prevention Training Log
Appendix C
Stormwater Discharge Quantitative Monitoring Form (DMR)
Appendix D
Stormwater Outfall Qualitative Monitoring Form (SDO)
Appendix E
NCG08000 Stormwater General Permit
Appendix F
US EPA 40 CFR Part 112 Spill (SPCC) Plan
Appendix G
Pictures Taken for Reference on July 11, 2007
Appendix H
Site Print
Mountain Energy, Asheville, NC
3

OVERVIEW
As part of its continuing commitment to meet all environmental regulations,
Mountain Energy, (i.e. This Facility) has prepared this Stormwater Pollution Prevention
Plan (SPPP) for its facility in Asheville, NC. The SPPP meets the requirements of the
Pollution Control Act and the Federal Clean Water Act (PL-92-500), as amended and NC
General Numb er.NCG080000•Petroleum-Bulk-Stations-&'Terminals (Appendix E). Specific
findings from the Plan have been formulated_into_a_number-of Good Housekeeping,
Preventative -Maintenance and Employee Training initiatives which will be implemented
before the end of the third quarter of 2007.
1.0 INTRODUCTION
1.1 Objectives and Requirements of Stormwater Regulations
When the Clean Water Act (CWA) was promulgated in 1972, it prohibited the
discharge of any pollutant from a point source unless the discharge was authorized by
a permit. In 1987, the United States Congress passed the Water Quality Act Amendments
to the Clean Water Act. The amendments required the U.S. Environmental Protection
Agency (EPA) to develop regulations on permit application requirements for stormwater
discharges associated with industrial activities and some municipal storm sewer
systems. These regulations, titled the National Pollutant Discharge Elimination System
(NPDES) Permit Regulations for Stormwater Discharges, became effective in December of
1990. Through monitoring and regulating stormwater discharge quality, the goal of the
NPDES stormwater program is to reduce the pollutant load in stormwater runoff.
North Carolina has the authority to administer the NPDES Program in the
state through delegation from the EPA in 1975. North Carolina General Statutes 143-
215.1 enable the state to require control of sources of water pollution through the
issuance of NPDES perpits for
,ciischarges of wastes and stormwater. Industrial activities
which require�permitting'are defined in eleven categories in the federal regulations. The
State of North Carolina uses the Standard Industrial Classification Code Manual (SIC
Codes) to define industrial activities subject to stormwater permitting.
This facility in Asheville has a primary SIC Code classification of 5171
(Petroleum Bulk Stations and Terminals). Industries within this category require a
NPDES permit for stormwater discharges if associated with vehicle maintenance actives or
on a case by case basis. The facility is covered under the State of North Carolina
Department of Environment, Health and Natural Resources (NCDEHNR), Division of
Water Quality (DWQ) General Industrial Stormwater Permit Number NCGO80000 effective
October 1, 1993. The facility has been issued Certificate of Coverage before and has
been reauthorized by DWQ to comply with this regulation.
In accordance with the requirements of the Permit, the facility is required to
develop and implement a Stormwater Pollution Prevention Plan (SPPP).
1.2 The Stormwater Pollution Prevention Plan
The purpose of this SPPP is to identify potential sources of stormwater pollution at
this facility and to recommend control measures to minimize or eliminate the discharge of
pollutants into stormwater runoff. Key compliance requirements of the General Permit
and the SPPP are outlined below:
SPPP Availability -This SPPP must be retained at the facility at all times. The Plan is
a public document and a copy must be made available to the State Division of Water
Quality (DWQ) municipality or public upon request. This facility may, however, claim
Mountain Energy -Asheville, NC 4

certain portions of this SPPP as confidential business information, including any
portion describing facility security measures or trade secrets. This Plan and
associated reports are also considered legal documents and must be retained onsite
in the facility's files.
Stormwater Monitoring and Reporting - Inspections of the facility and all
stormwater conveyance systems shall occur at a minimum on a semi-annual
schedule —once in the fall (September -November) and once in the spring (April -
June). During each inspection, visual monitoring of stormwater for color, odor,
clarity, floating solids, suspended solids, foam, oil sheens and other obvious
indicators of stormwater pollution shall be performed at all stormwater outfall
locations. At least annually, stormwater discharges from Stormwater Discharge
Outfall (SDO) #1 shall be analytically monitored. See Appendix's C&D.
Recordkeeping and Reporting Requirements - Implementation of this plan shall
include documentation of all stormwater sampling, visual inspections, maintenance
activities and employee training. Such documentation shall be retained onsite for
a period of five (5) years and made available to the Director of the DWQ or
his/her authorized representative upon request.
SPPP Updates - This SPPP shall be reviewed and updated on an annual basis. The
SPPP shall also be updated or amended whenever changes at the facility increase or
have the potential to increase the exposure of significant materials to stormwater, or
when the Plan is determined to have become ineffective in achieving the general
objectives of controlling pollutants in stormwater discharges associated with the
facility's industrial activities. For example, if the empty tanks in dike #1 began to be in
service/operation at any time, then SPPP shall be reviewed & updated.
Authorized Signature - The SPPP and all attachments shall be signed by a
responsible corporate officer (i.e. president, secretary, treasurer or vice-president)
who is in charge of the company's principal business function. Section 10 of contains
the signed Certification of this Plan.
1.3.1 General Facility Information
General information regarding this facility, key contact personnel and Permit
specifics is listed on Table 1.1 below:
Table 1.1 General Facility Information
Name of Facility:
Mountain Energy
Facility Address:
288 Lyman Street,
Asheville NC 28801
Facility Contact Work Phone:
Thomas Morgan
Asheville Phone [phone]
Main Office Phone: [phone]
Cell: 828-421-3615
Type of Industry:
Petroleum Bulk Plant
Facility
Mountain Energy, Asheville, NC

Standard Industrial Classification (SIC)
Primary SIC Code: 5171
Code:
(Petroleum Bulk Stations
and Terminals)
The North American Industry Classification System
422710
(NAICS) has replaced the U.S. Standard Industrial
-
Classification (SIC) system.
Operating Schedule:
7:30 am to 5:00 pm,
Monday to Friday
Number of Employees:
8
Number of Stormwater Outfalls:
3
Name of Receiving Waters
French Broad River
2.0 POLLUTION PREVENTION TEAMIRESPONSIBLE PARTIES
The assigned Pollution Prevention Team and their specific duties are listed below in Table
2.1.
Table 2.1 Pollution Prevention Team/Responsible Parties
Name and Title of
Contact
Responsibilities
Team Members
Numbers
Team Leader
Work:
Implementation of Stormwater
828-456-9473
Pollution Prevention Plan.
Thomas Morgan
President of
Mountain Energy,
Members)
Work:
828-252-4454
Assist in Implementation and
Updating of SPPP. Responsible
Richard Pack
Craig Watkins
828-252-4454
for scheduling required training,
inspections, housekeeping and
stormwater monitoring.
Mountain Energy -Asheville, NC

3.0 SITE PLAN AND DESCRIPTION
The relevant section of a U.S.G.S. topographic map was used to prepare the general
location map (Figure 1). The specific site map (Figure 2) was prepared using GPS data
during site visit. The site print in Appendix E illustrates the site layout, including parking
areas, material storage areas, stormwater and erosion control structures, underground
culverts and other elements required by DWQ's General Permit.
3.1 Site Description
3.1.1 General
This facility is a bulk petroleum products distributor in Asheville, NC. The company
has been established at this site for over 40 years. This facility is located in Buncombe
County, City of Asheville, on the east side of Lyman Street, near the intersection of
Riverside Dr. and Lyman St. The facility consists of a bulk petroleum storage station with
dispensing terminals, bulk lubricants warehouse, and loading/unloading racks.
The main bulk storage area is located on the east side of the site. The storage
and dispensing system consists of 16 medium (2,000 to 10,000 gallon) aboveground
storage tanks (ASTs) inside a concrete block dike with concrete floor (dike 42). Dike #2
tanks connected to a loading and unloading pumps adjacent to dike for bulk dispensing of
lubricating products. A second tank farm, currently empty and out of service surrounded
by an earthen berm and earthen floor, is located at the front south side of the site and
contains 3 tanks for the bulk storage. There are also 3 waste oil and kerosene tanks, at
the north side of the site.
Empty drum storage is adjacent to the bulk lubricants warehouse. Empty Tank
Storage Areas & Contaminated Soil Storage Area is located on the south fence line.
Loading unloading rack area is on a curbed contoured pad that drains to an oil water
separator, product tank and water tank.
The west half of the site is developed as an office and bulk lubricants warehouse
facility. Two one-story structures houses offices, general storage and bulk lubricants in
various size containers from retail to 220 gallon plastic totes.
3.1.2 Stormwater Outfalls/Sheet Flow
See Table 3.3 & Appendixes C&D for NC DWQ Forms
Approximately 100 percent of the ground surface underlying the bulk storage area is
paved and therefore impermeable for dike #2. Dike #1 area is permeable, topped by
gravel, grass or scrub vegetation.
The loading unloading rack #2 area for dike #2 is a gravel pad that is
permeable, as well as the gravel —earthen drive leading up to dike #2. The
loadinglunloading #1 area for dike #1 is 100 percent impermeable concrete. A narrow
grassylgravel lawn exists between the fence line and gravel parking areas. The empty
tank storage areas & contaminated soil storage area (soil is not in direct contact with the
gravel, isolated by plastic liner) is topped mainly by gravel, with some grass and scrub at
the rear and sides of the site. The site slopes significantly from back to front, draining to
the west towards catch basins and Lyman Street.
Three Stormwater Discharge Outfalls (SDOs) convey stormwater from the site and
discharge directly into the French Broad River. Outfall #1 drains runoff from dike #2, and
the loadinglunloading areas from tanks in dike #1. Outfall #1 collects stormwater from
catch basin drain located at he NW corner of the loading unloading area, then conveys it
via an underground piping to an oil water separator, product tank and water tank. The
Mountain Energy, Asheville, NC

oil water separator discharges via piping and culverts to drainage ditch running
perpendicular and underneath Lyman St. Outfall #2 drains the parking lot area,
discharges via piping and culverts to drainage ditch running perpendicular and
underneath Lyman St. Outfall #3 drains empty tank storage and containment soil
areas, loading/unloading areas for dike #2, truck/equipment parking area and also
drains properties off -site. Outfall #3 discharges yia_piping_and_culverts to drainage
ditch running perpendicular and underneath Lyman St. pipe off site. Due to site
grading, a small amount-of-stormwater-runoff drains via overland sheet flow to drainage
ditching on Lyman St.
Bulk petroleum loading/unloading racks #1 for dike #1 area is situated on a
concrete pad covered by a canopy at the site. Stormwater runoff from the pad flows to
catch basin which discharges to oil -water separator. Bulk petroleum
load inglunloading racks #2 for dike #2 tanks conveys stormwater to catch basins west
of the dike, where is flows to S DO#3 .
Appendix G illustrates the location of the Outfalls and their respective drainage
areas. Examination of U.S.G.S. topographic maps for this area indicates that
stormwater runoff from the site discharges directly to the French Broad River. The
topographic map included as Figure 1 indicates the location of the site in relation to these
waterways.
3.2 Material Inventory and Storage Practices
The principal materials stored and utilized at the site are petroleum products.
Bulk petroleum is contained either in aboveground storage tanks (ASTs) or various
sized containers for retail packing of bulk lubricants (quarts-55-gallon drums).
Appendix G illustrates the locations of the main raw material storage areas at the site.
Table 3.1 lists all exposed materials which were identified at the time
this Plan was developed/revised,
IUU1U J.I [ZAJJU:it::U ]VIdWridi 111VU11LU
Material
Amount
Location
Reason for exposure or
Considered
(gals)
potential exposure to
Significant?
stormwater
Bulk Gasoline &
3-20,000
Inside Dike -Berm
Normally Stored Outdoors
NO
Distillate Fuels
(dual
Area #1
Tanks are
Currently Empty
compartments)
Hydraulic
16 tanks (2,000
Inside Dike #2
Normally Stored Outdoors
NO
Lubrication Oils
to 10,000)
Used Oils
2 tanks
Adjacent to
Normally Stored Outdoors
YES
(2000)
Lubricant
Warehouse
Kerosene
500
North on Site
Normally Stored Outdoors
YES
Empty Drums,
various
South and North
Normally Stored Outdoors
NO
Tanks Storage
on Site
Mountain Energy -Asheville, NC

3.3 Significant Exposed Materials
A small number of significant exposed materials were identified at the facility.
These consist of 55-gallon steel drums in various locations around the site, two
uncontained transport mix used oil ASTs, one kerosene tank and various smaller
containers. A leak or spill from the containers would result in direct exposure of
petroleum to the stormwater system.
3.4 List of Significant Spills and Leaks
The General Permit requires a description of significant spills or leaks of toxic
or hazardous pollutants that have occurred at areas that are exposed to stormwater or that
otherwise drain to a stormwater conveyance at the facility after the date of three years prior
to the effective date of the General Permit. "Significant spills or leaks" are defined by the
regulations as a release within a 24-hour period of a hazardous substance or oil in an
amount equal to or in excess of a reportable quantity listed in 40 CFR Part 117 and 40
CFR Part 302.
A common industry definition of a spill follows:
For manufacturing, a spill is defined as any unattended discharge in volume greater than five
gallons.
For all other areas, a spill is defined as any discharge over one gallon if the material is non-
hazardous. If the material is considered hazardous, any amount is considered a spill.
Spills less than 25 gallons that do not cause sheen on nearby navigable (surface) waters,
and is discharged more than 100 feet from all surface water bodies does not have to be reported in
North Carolina. NC Law requires that spills less than 25 gallons must be cleaned up within 24
hours of the spill for a non -reportable offense.
No significant spills or leaks of toxic or hazardous pollutants have occurred at the
facility since the date of three years prior to the effective date of the General Permit
within the areas that discharge to the stormwater Outfalls. Table 3.2 is provided for
recording any spills or leaks which may occur in the future.
TABLE 3.2
L-17t VI QIUf1111t;d11L OW1117 Vr LfddKb
Discharge Information Fill in ASAP
Discharge Date and Time:
Discovery Date and Time:
Type of Oil -Material:
Discharge Duration:
Mountain Energy, Asheville, NC

Quantity released:
Quantity released to a water body:
Location/Source:
Actions taken to stop, remove, and mitigate impacts of the discharge:
Table 3.2 is to be revised as necessary by the facility
3.5 Non-Stormwater Discharge Assessment and Certification
The Permit prohibits unauthorized non-stormwater discharges to the storm
drainage system unless specifically covered by a National Pollutant Discharge
Elimination System (NPDES) Permit. The Permit requires that the facility operator
certify that all Stormwater Discharge Outfalls have been evaluated for the presence of
non-stormwater discharges. The certification must include the identification of potential
significant sources of non -storm water at the facility, a description of the results of any
test and/or evaluation for the presence of non-stormwater discharges, the evaluation
criteria or testing method used, the date of any testing and the onsite drainage points
that were directly observed during the test.
The conditions of the General Permit allow for certain non-stormwater
discharges to the stormwater conveyance system. These authorized discharges
include uncontaminated groundwater, foundation drains, air -conditioner condensate
without added chemicals, springs, discharges of uncontaminated potable water,
waterline and fire hydrant flushing, water from footing drains, and flows from riparian
habitats and wetlands. Discharges from fire -fighting activities are also permitted.
Unauthorized non-stormwater discharges must either be eliminated or covered
by a separate NPDES permit. Common sources of unauthorized non-stormwater
discharges include floor -drains and sinks discharging directly to the ground surface,
boiler blowdown or cooling water, vehicle and equipment washwater, steam cleaning
wastes and process water.
The facility will be checked for both authorized and unauthorized non-stormwater
discharges during the annual revision of this plan.
The Certification of Elimination of Non-Stormwater Discharges, located in
Section 10 of this notebook, shall be signed by a responsible owner/operator official. A
responsible corporate officer is defined in the permit as (a) a president, secretary,
treasurer or vice president of the corporation in charge of a principal business function, or
any other person who performs similar policy or decision making functions for the
Mountain Energy -Asheville, NC 10

corporation, or (b) the manager of one or more manufacturing production or operating
facilities employing more than 275 persons or having gross annual sales or
expenditures exceeding 25 million (in second quarter 1980 dollars), if the authority to
sign documents has been assigned or delegated to the manager in accordance with
corporate procedures.
TABLE 3.3 Nan-Stormwater Discharge inspection Form
Outfall #
Flow Observed
Color
Order
Solids
Foam
Outfall
Stains
Visible
Sheens
Remarks
SDO#1
SDO#2
SDO#3
Inspected By:
Inspection Date:
NA = Not Applicable due to lack of observable flow.
See Appendixes C & D for NC DWQ Forms
4.0 STORMWATER MANAGEMENT PLAN
4.1 Existing Management Practices
Existing structural stormwater controls and practices at the site consist of the
following:
• This Facility slopes somewhat steep and then slightly from back to front, draining
to the west towards the road and French Broad River.
• Three man-made Stormwater Discharge Outfalls (SDOs) convey stormwater from
the site.
• SDO #1 drains runoff from the bulk loading unloading rack #1 and dike # 2. This
Outfall collects stormwater via concrete block dike and curbed concrete pad by catch
basins and drainage piping, then conveys it via underground piping to an oillwater
separator, product tank and water tank. Oil/water separator discharges to
underground culvert underneath Lyman St. to the French Broad River (West).
• SDO #2 drains the concrete/asphalt parking lot area. Stormwater runoff drains to
catch basins via sloped sheet flow. The parking lot catch basins discharge to
underground culvert underneath Lyman St. to the French Broad River (West).
• SDO #3 drains empty tank storage and containment soil areas, loadinglunloading
rack #2 areas for dike #2, truck/equipment parking area and also drains
properties off -site. Outfall #3 discharges via piping and culverts to drainage ditch
running perpendicular and underneath Lyman St. pipe off site to the French
Broad River.
• Due to site grading, a small amount of stormwater runoff drains via overland
sheet flow to drainage ditching on Lyman St_ This area also discharges to the
French Broad River.
• The bulk petroleum loading/unloading area for dike #1 is situated on a concrete
pad covered by a canopy. Stormwater runoff from the dike #1 pad flows to grated
drains and into the oil/water separator.
• The bulk petroleum loading/unloading #2 area for dike #2 is situated on a gravel
pad not covered by a canopy. Stormwater runoff from the dike #2 pad flows to
Mountain Energy, Asheville, NC I I

grated drains south into SDO#3. The drains convey stormwater west to the
French Broad River. A small amount of stormwater exits the site along its edges
via sheet flow to adjoining sites and/or roadside ditches.
Existing materials management practices consist of the following:
The principal materials present at the site are new; bulk petroleum products
stored in aboveground storage.tanks_(ASTs)-with in-secondary-conta in ment
structures.
Some 55-galfari steel drums of waste motor oil and are stored outdoors in various
locations around the site, without secondary containment.
One 500 gallon AST (Kerosene) and two 1,000 gallon AST, both for storage of
used oil are stored outdoors outside the lube oil warehouse. These vessels
currently lack secondary containment.
4.2 Summary of Potential Pollution Sources
Used oil, Kerosene and a small number of exposed 55-gallon drums are identified
as potential pollution sources at the site. Loading unloading areas for dike #1 are without
secondary containment. Provide for spill free oil -water separator maintenance. These
materials are listed on Table 4.1. Both existing and new Best Management Practices
(BMPs) are listed for each item.
Table 4.1
Summary of Potential Pollution Sources
Outfall #
Potential
Existing BMPs
New BMPs
Pollution
Source
#1
Kerosene,
Oil Spill Kits and Absorbents.
Institute Good Housekeeping
Used Oil,
Practices. Perform Inspections &
Empty Drums
Training per Appendix's A&B
#3
Loading Rack
Oil Spill Kits and Absorbents
Provide secondary containment in
#2 for Dike #2
accordance with US EPA SPCC
Regulations.
#3
Contaminated
Contaminated Soil on Plastic Mats
Cover Contaminated Soil with 60 mil
Soil & Empty
Tank Storage
Empty Tanks on ground.
plastic to prevent run-off from soil.
Perform Inspections & Training per
Appendix's A&B
#1
Oil -Water
Oil Spill Kits and Absorbents
Provide for Spill Free Oil Transfers.
Separator
Institute Good Housekeeping
Maintenance
Practices. Perform Inspections &
Training per Appendix's A&B
4.3 Secondary Containment Schedule
In accordance with the General Permit, a schedule to provide secondary
containment for bulk storage of liquid materials, storage of Section 313 of Title III of the
Superfund Amendments and Reauthorization Act (SARA) water priority chemicals or
Mountain Energy -Asheville, NC 12

hazardous materials to prevent leaks and spills from contaminating stormwater
runoff shall be presented. Table 4.2, below, is provided for listing storage vessels
which are present or may be installed at the site in the future.
Table 4.2
Secondary Containment Schedule for Bulk Storage of U u! s
Product
Vessel Type
TankfD
Capacity
(gallons)
Secondary Containment Provisions
Hydraulic
Lubrication
Oils
Dike #2: ASTs
#1 to #16
2,000 to 10,000
Yes, Containment within concrete block dike with
concrete floor
Empty
Dike #1 ASTs
#3, #4 & #5
20,000
Yes, Containment with earthen berm and earthen
floor
4.4 Soil Erosion and Sediment Control
Soil erosion in a stormwater drainage system can cause excessive amounts of
sediment loading in the discharge. Sediment can clog the drainage system and impair
water quality in the receiving waters of the system. Vegetation helps to reduce soil
erosion by slowing the velocity and decreasing the volume of runoff over the land
surface.
Any areas of bare and/or eroded soil shall be. property graded rip -rap and re-
seeded if necessary.
The stormwater outfail and conveyance systems at the facility should be inspected
for erosion at a minimum of twice -per -year in conjunction with the Preventative
Maintenance Inspections (Appendix A) and also following heavy storm events. In
particular, areas to inspect should include ditches, steep banks, culverts, grates,
Outfalls and areas below roof drainage downspouts.
4.5 Best Management Practices Identification and Implementation
The following new Best Management Practices (BMPs) to be implemented were
identified at the time this Plan was prepared:
• Drum Management:
Conduct an inventory of all drums and other containers of liquid materials stored
outdoors.
Properly dispose of empty vessels or properly inspect for signs of stormwater
Contamination.
Consolidate useful product and arrange for indoor storage or covered outdoors
storage of containers.
Consolidate and properly dispose of spent or unneeded product.
• Used Oil AST Management:
Provide secondary containment for waste oil ASTs.
Mountain Energy, Asheville, NC 13

Kerosene AST
Provide secondary containment for Kerosene AST
Loading/Unloading Rack#2 for Dike #2
Provide secondary containment for Loading Rack #2.
4.6 Technical and.Economic-Evaluation-
The General Permit requires a discussion -of -the -technical -and -economic
feasibility -of changing the facility's methods of operations and/or storage practices to
eliminate or reduce exposure of potential pollutant sources.
The potential pollutant sources identified at this facility consist of containers of
liquid petroleum products stored outdoors without secondary containment in various
locations around the plant. Also, and bulk lubricants loading rack #2 is currently
without secondary containment.
Technical and economic requirements for eliminating the potential pollutants
hazard from the used oil & kerosene ASTs consist of simply moving the vessels to a
location or locations out of contact with stormwater or inside existing secondary
containment areas.
Loading rack #2 must be provided with secondary containment. Options for
secondary containment are either building curbed contoured concrete pad or earthen
retaining walls around loading rack area and the vessels of transport trucks or providing
for remote impounding area that can store approximately 3,000 gallons (i.e. loading rack
area piped to oil -water separator)
5.0 SPILL PREVENTION AND RESPONSE PLAN
5.1 Potential Spill Areas
The ground surface areas adjacent to and directly below the Dike #2 the
loading/unloading rack #2 areas , kerosene ASTs and the waste oil ASTs are identified
as a significant potential spill area. Implementation of new BMPs for these vessels will
minimize this hazard.
5.2 Spill Response and Reporting Procedures
This facility has spill response procedures in -place as part of their implemented US EPA
SPCC Plan. The primary objectives of the spill response procedures are to minimize the magnitude
of a spill, minimize the area affected by a spill, and maximize the effectiveness and efficiency of
clean-up operations.
Procedures are in -place for detection and notification, countermeasures, clean-up and
disposal.
All employees involved with handling toxic or hazardous materials shall be informed
of proper cleanup procedures. Spill response procedures shall be prominently posted
at appropriate locations throughout the facility.
All significant spills and leaks shall be reported to the Pollution Prevention Team
Leader or his designated alternate. Depending on the type and amount of material spilled,
local, state and/or federal agencies may also need to be notified.
6.0 PREVENTATIVE MAINTENANCE AND GOOD HOUSEKEEPING PROGRAM
(see Appendix A)
Stormwater pollution prevention is required by the General Permit to be
Mountain Energy -Asheville, NC 14

incorporated into the preventative maintenance and good housekeeping program.
6.1 Preventative Maintenance
The focus of the preventative maintenance program is to ensure that current
practices are maintained and that new hazards to stormwater quality are not created.
Preventative maintenance involves the regular inspection (monthly) and testing
of plant equipment, operational systems and stormwater control systems. These
inspections should uncover conditions such as cracks or slow leaks that could cause a
release of hazardous or toxic materials to the ground surface or stormwater conveyances.
A qualified person or team shall conduct Preventative Maintenance inspections on a semi-
annual basis. The inspector(s) should look for spots or puddles of chemicals, smoke,
fumes or the signs of releases. The following areas and/or equipment at this facility
should be inspected:
• Outdoor areas for exposed containers of potential contaminants
• Truck unloading areas for spots or puddles of fuel, oil, grease or other materials
• Steep banks, stormwater drainage ditches, Outfalls, drains and grates for
blockage, trash and potential pollutants.
• The used oil ASTs, associated equipment such as nozzles and hoses, and
integrity of secondary containment (when provided).
• The earthen berms and concrete dikes and containment walls around the tank
farms.
• Areas around dumpsters for accumulated trash and potential contaminants.
The Preventative Maintenance Inspection Forms located in Appendix A of this
notebook should be used for each inspection. The form shall document, at a minimum,
the following information:
• Date of inspection
• Name of inspector
• Equipment or area inspected
• Potential problems (i.e. leaks, debris buildup and other signs of potential pollution)
Corrective actions necessary
• Follow-up on corrective actions
Upon completion, all inspection forms should be filed in Section 7 of this
notebook. They must be retained with this SPPP for a minimum of five years.
6.2 Good Housekeeping
Good housekeeping practices are intended to maintain areas in a clean and
orderly manner. These practices are generally low-cost, easy to implement and are
often quite effective in reducing exposure of potential pollutants to stormwater.
Good Housekeeping BMPs for the Plant consist of the following:
• Regularly pickup and dispose of garbage, cigarette butts and other debris
around the facility, especially around outdoor break areas, dumpsters, in ditches, on
grates, at culvert openings and other stormwater conveyances.
• Routinely inspect for and remove exposed materials in contact with stormwater.
• Discuss good housekeeping practices at employee meetings.
Mountain Energy, Asheville, NC 15

• Provide for spill free transfers of petroleum products.
7.0 EMPLOYEE TRAINING PROGRAM AND SCHEDULE
See Appendix B
In accordance with the requirements of the Permit, the facility is required to develop
an employee training. program. At a minimum, the training shall be conducted on an
annual basis, addressing preventative maintenance, good housekeeping and proper spill
prevention and response for all personnel involved in any of the facility's operations that
have the potential to contaminate stormwater runoff.
Employee training is essential to effectively implement the SPPP. The purpose of
the training program is to educate personnel at all levels of responsibility regarding the
components and goals of this Plan. When properly trained, personnel will be more
capable of preventing spills, responding safely and effectively to an accident and
recognizing situations which could contribute to stormwater pollution. The SPPP
information should be reviewed with all new and existing employees.
Stormwater Pollution Prevention Training for this facility shall focuses on
ensuring that all employees are aware of the importance of keeping potential pollutants
from contact with stormwater. It is the responsibility of the Pollution Prevention Team
Leader to ensure that the necessary employee training is implemented.
7.1 Spill Prevention and Response Training
Spill prevention and response procedures are outlined in Section 5.0 of this Plan.
The training procedures directed towards spill prevention and response shall be developed
to ensure that all employees involved with hazardous or toxic materials are aware of
necessary actions in the event of a spill. At this facility, all employees involved in
industrial activities shall be trained in the following measures:
• Potential spill areas and drainage routes.
• Specific handling procedures and storage practices. Proper notification in case of a
spill.
• Implementation of spill response procedures.
7.2 Preventative Maintenance Training
All personnel involved in operating, conducting inspections and/or testing of
plant equipment should be trained to identify conditions in or around the machinery which
could lead to a spill or leak. Section 6.1 of this Plan lists the specifics of the
Preventative Maintenance Program.
Employee training on Preventative Maintenance should include the following:
• The importance of promptly repairing or replacing defective equipment found
during inspections and testing
• Areas and equipment which should be inspected
• The frequency of inspections
• Information to be included on the inspection forms
7.3 Good Housekeeping Training
Facility personnel should be educated on how to maintain a clean and orderly
facility environment. Section 6.2 of this Plan addresses specific Good Housekeeping
measures to be implemented. Good Housekeeping training items to be discussed in
MOLEntaln Energy -Asheville, NC 16

employee training sessions should include:
• Benefits of keeping the site clean and litter -free (e.g. fewer accidents,
improved appearance of the workplace, etc.)
• The importance of regular cleaning of outdoor areas that appear to accumulate
trash and debris on a regular basis (e.g. near trash bins, employee parking lots,
recycling areas or scrap areas)
• The location of good housekeeping items (e.g. brooms, mops, shovels, etc.)
7.4 Frequency and Documentation of Training
The Stormwater Pollution Prevention Team Leader shall determine the schedule
for periodic training activities described above that will occur at a minimum of once per
year. The Permit requires that the effectiveness of the SPPP and training efforts be
regularly evaluated and documented. Forms for documentation of training are
provided in Appendix B of this SSSP. After each training session, all completed
training documentation should be filed with this SSSP.
8.0 STORMWATER MONITORING
In accordance with the Permit, the facility is required to conduct visual monitoring
of its stormwater discharge. Sampling and analysis of the discharge is required
under Permit NCGO80000 only for facilities which use in excess of 55 gallons per
month of new motor oil for vehicle maintenance activities. The facility uses less than
this amount, however this facility is re uired to have analytical monitoring for discharges
from oil water separators. See Appendix E Section C gart II a e 6. Analytical
monitoring is required for_SDO#1 at least annually during a representative storm event
(1/1010 inch of rain fall)
"DISCHARGE LIMITATIONS AND ANALYTICAL MONITORING REQUIREMENTS - OIL
WATER SEPARATORS AND PETROLEUM BULK STATIONS AND TERMINALS
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is
authorized to discharge stormwater from oil water separators and/or petroleum bulk stations and terminals
secondary containment areas subject to the provisions of this permit."
Inspections of the stormwater conveyance systems and visual monitoring of
stormwater must occur at a minimum on a semiannual schedule, once in the fall
(September -November) and once in the Spring (April -June). During each inspection,
visual monitoring of stormwater for color, odor, clarity, floating solids, suspended solids,
foam, oil sheens and other obvious indicators of stormwater pollution shall be performed
at all stormwater outfall locations.
The Appendixes (C&D) of this SSSP contains inspection and stormwater
monitoring forms. Upon completion, all inspection and monitoring forms shall be kept
for a period of 5 years with this SSSP
9.0 SUMMARY
In accordance with the requirements of its General Industrial Stormwater Permit,
this Facility has completed this Stormwater Pollution Prevention Plan (SPPP). The
SPPP consists of a description of the facility and an investigation of materials
management practices to determine potential stormwater pollutant sources. A study of the
facility's materials management practices revealed that a small number of exposed
ASTs of liquid materials pose a potential risk to stormwater quality and should be moved
away from contact with stormwater immediately or provide with secondary containment.
Mountain Energy, Asheville, NC 17

Loading Rack #2 areas should be provided with secondary containment and will
minimize the risk of potential stormwater pollution from these sources.
Stormwater drainage from dike #2 will discharge via piping onto loading rack
area #1 and drain into the oil water separator. Drainage valves shall be installed to
control stormwater discharges from dike #2 and discharge shall only occur during
non rain events.-------�--
No unauthorized non-stormwater discharge sources were identified.
The Plan contains an employee training program designed to educate personnel at
all levels of responsibility regarding the components and goals of this Plan. Upon
completion of the training this facilities personnel will be more capable of preventing spills,
responding safely and effectively to an accident and recognizing situations which could
contribute to stormwater pollution. The training shall be conducted on an annual
basis, addressing preventative maintenance, good housekeeping and proper spill
prevention and response for all personnel involved in any of the facility's operations that
have the potential to contaminate stormwater runoff.
In accordance with the Permit, this facility must conduct inspections of the facility's
stormwater conveyance systems and visual monitoring of stormwater runoff on a semi-
annual schedule.
This Plan must be reviewed and updated on an annual basis and must be retained
at the facility at all times. The Plan is a public document and a copy must be made
available to the Division of Water Quality, municipality or public upon request.
Mountain Energy -Asheville, NC 18

10.0 Certifications
CERTIFICATION OF STORMWATER POLLUTION PREVENTION
PLAN
I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with a
system designed to ensure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person(s) who
manage the system or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and
belief, true, accurate and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine
and imprisonment for knowing violations.
Owner/operator:
Type Name: Thomas Morgan
Signature:
Title: President
Date:
CERTIFICATION OF ELIMINATION OF NON-STORMWATER
DISCHARGES
"I certify under penalty of law that the outfall(s) covered under the
Permit have been tested or evaluated for the presence of non-stormwater
discharges, and that any non-stormwater discharges identified in these
outfall(s) have been eliminated or covered by a separate NPDES Permit".
Owner/operator:
Type Name: Thomas Morgan
Signature:
Title: President
Date:
Mountain Energy, Asheville, NC 19

Figure 1
USGS Topographic Map
Mountain Energy -Asheville, NC
20

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GPS Data---35° 34' 51" -N; 820 34' 01" -W
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Mountain Energy, Asheville, NC 21

APPENDIX A
aas ■ r
rrwUnLduvC nndIIILfdIId11L;V IIIti ULAIIJII r-UFIFI
Inspector Name:
Date of Inspection:
Inspection/Equipment Area:
Potential Problemstsians of votential_vollution)-- - -- — — '
I Corrective Actions Necessary I
I Follow-up Corrective Action I
Mountain Energy -Asheville, NC 22

APPENDIX B
Record of Stormwater Pollution Prevention Briefings and Training
Briefings will be scheduled and conducted by the facility owner or operator for operating personnel at regular
intervals to ensure adequate understanding of this SPPP. The briefings will also highlight and describe known
discharge events or failures, malfunctioning components, and recently implemented precautionary measures and
best practices. Personnel will also be instructed in operation and maintenance of equipment to prevent the
discharge of oil, and in applicable pollution laws, rules, and regulations. Facility operators and other personnel will
have an opportunity during the briefings to share recommendations concerning health, safety, and environmental
issues encountered during facility operations.
Date
Subjects Covered
Employees in Attendance
Instructor(s)
Mountain Energy, Asheville, NC 23

APPENDIX C
Stormwater Discharge
- --Quantitative Monitoring Form _
(DMR} -
Form #SWU-250-071400
2 pages
Mountain Energy -Asheville, NC 24

APPENDIX D
Stormwater Discharge Outfall
Qualitative Monitoring Form
(SDO)
Form # SWU-242-101599
2-Pages
Mountain Energy, Asheville, NC 25

0
APPENDIX E
STATE OF NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT, HEALTH, AND
NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG080000
TO DISC HARGE-STORMWATER-UNDER THE
NATIONAL POLLUTANT -DISCHARGE -ELIMINATION SYSTEM
Mountain Energy -Asheville, NC 26

0
APPENDIX G
Pictures Taken for Reference on July 11, 2007
Oil Water Separator
j
Waste Oil Tanks
Mountain Energy -Asheville, NC 28

Empty Tank Storage Area
Dike #1 Tanks
Dike #1 Discharge Valve Box
Mountain Energy, Asheville, NC 29

APPENDIX H
Site Print
Mountain Energy -Asheville, NC 30

RE: NC Stormwater Pemuts Program
Subject: RE: NC Stormwater Permits Program
From: "Tim Laughlin" <[e-mail]>
Date: Fri, 22 Jun 2007 09:43:26 -0400
To: "'Mountain Energy"' <[e-mail]>, "'Laurie Moorhead"'
<Laurie.Moorhead @ncmai1.net>
CC: <ken.pickle@ncmail_net>
Tom ,
I attached for your review the applications we must go through to begin developing a Stormwater
Pollution Prevent Plan (SPPP) and/or a Best Management Practices Plan (BMP). See NCPMA to NC
DAQ letters on this subject 10 years ago. NPDES General Permits are not required to be performed by
a Professional Engineer (PE), although it is recommended, waste water perm its are.
From attached NC DAQ Fact Sheet:
"Coverage under this general permit is applicable to all owners or operators of stormwater point source
discharges associated with activities that have Vehicle Maintenance Areas (including vehicle
rehabilitation, mechanical repairs, painting, fueling, lubrication and equipment cleaning operation areas)
associated with activities classified as Rail Transportation [Standard Industrial Classification (SIC) 40],
Local and Suburban Transit and Interurban Highway Passenger
Transportation [SIC 41], Motor Freight Transportation and Warehousing [SIC 42], except Public
Warehousing and Storage [SIC 4221-4225], Postal Service [SIC 43], Petroleum Bulk Stations and
Terminals [SIC 5171] with total petroleum storage capacity of less than I million gallons. 4 ther
activities, not categorically required to be permitted, such a s p oint source stormwater discharges
from oil water separators, secondary containments structures at petroleum storage facilities with
total petroleum storage capacity of less than 1 million gallons, and/or vehicle maintenance areas at
any facilities other than those listed above, which may be designated on a case -by -case basis as
being required to be permitted ."
What all this means is that just because you have an oil water separator for stormwater
discharges and/or stormwater discharges from dikes/berms, but no vehicle maintenance activity
(or different SIC code then 5171) then you are not required to have a NPDES General Permit.
However, if you discharge pollution to NC Waters (any stormwater with a sheen that leaves your
property), you may be required to (case by case basis authority by regional office) secure and
implement NPDES perm its and applicable plans.
I of 6 6/22/2007 1 1:08 AM

RE: NC Stormwater Permits Program
It is apparent that the Asheville facility has had some discharge issues; it is unclear that the
Waynesville facility has violated discbarge regulations.
Because of a tight schedules and vacations for the next couple of weeks for all parties, I plan on
seeing you on the 10th or 11 th of July. 1 will need to vcrify that your oil -water separators ( Asheville )
meet the 15 ppm hydrocarbon discharge and can handle all stormwater runoff (see attached specs). For
Waynesville facility, we need to verify the exact conditions that require NPDES permit.
Regards,
Timothy Laughlin, PE
Technical Director
NC Petroleum Marketers Association
7300 Glenwood Avenue
Raleigh , NC 27612
www.nepma.org
919-782-4411
-----Original Message -----
From: Mountain Energy[mailto:[e-mail]]
Sent: Thursday, June 21, 2007 9:43 PM
To: 'Laurie Moorhead'
Subject: RE: Professional Engineer
Dear Laurie Moorhead,
I have downloaded the application for NCPMA membership off the internet. The application will be
completed and sent out in tomorrow's priority mail with a check. I do not have the ability to respond
any faster. 1 should become a member of NCPMA as soon as they can process the application. I have
asked Tim Laughlin to please work this assignment into his schedule as quickly as is reasonably
possible.
2 of 6 6/22/2007 11:08 AM

RE: NC Stormuvater Permits Program
I am employing Tim with the assumption that I will be able to have confidence in his ability to provide
timely and accurate guidance in matters relating to the Storm Water Permit. I am also making the
assumption that his guidance relating to the Storm Water Permit will be satisfactory to you as well.
We have gone to great lengths to place petroleum absorbent pads at the end of the containment discharge
pipe that is prior to the drain entering the storm drain. It has been our intent and practice to only release
storm water into the storm drain. No one ever requested that we do this — we were attempting to take an
additional measure to ensure that we were doing the right thing. Please rest assured that we are willing
to change this practice so that it is no longer an issue.
In order to minimize any possible future misunderstandings and for everyone to be able to rely on the
same information and view the same conditions- I would like to suggest that all future visits to our site
be scheduled in advance. This will enable us to accommodate you and to have a MEC representative
available. In accordance with your previous request I will designate Craig Watkins from our Asheville
office, myself and Tim Laughlin as the MEC representatives.
I dropped off the copies of the MEC Storm Water Permit applications to your office today. I had
intended to deliver them prior to today so I did not have them mailed. Please accept my apology for the
delay.
Sincerely,
Thom Morgan
Mountain Energy
Thomas R. Morgan
President
352 Georgia Ave.
Waynesville, NC 28786
Phone: [phone]
3 of 6 6/22/2007 11:08 AM

RE: NC Stormwater Permits Program
Cell: 828-421-3615
Fax: [phone]
E-Mail: thommor;gan rr,belIsouth.net
From: Laurie Moorhead [mailto:[e-mail]]
Sent: Thursday, June 21, 2007 1:18 PM
To: Mountain Energy
Subject: Re: Professional Engineer
Dear Mr. Morgan,
Thank you for following up on our conversation. I have spoken with Tim Laughlin this morning and he
indicated that as soon as you are a member of the NC Petroleum Marketers Association, he will be
available to help you get into compliance. He now has my email address and plans to let me know once
you are a member. At that time, we will work together to get both Mountain Energy sites into
compliance with your forthcoming stormwater permits and any other applicable environmental laws.
Thank you so very much for your attention to this matter. I am sure that Tim will keep you apprised of
all necessary steps for compliance and I assume that he is or will be authorized by you to ensure that
corrections to current conditions are made. Please note that whatever advice you recieve from Tim,
Mountain Energy can not rely on the current practice of releasing contaminated stormwater directly to
the storm drain from the oil tank farm at the Asheville site. Should you have any questions, please
contact me.
Sincerely,
Laurie Moorhead
Mountain Energy wrote:
Dear Laurie Moorhead,
Following your suggestions - Mountain Energy has secured the services of an Engineer to undertake the
following:
1. Compliling a Storm Water Best Practices Plan.
2. Evaluating the capacity of the current oil water separator
4 of 6 6/22/2007 11:08 AM

RE: NC Stormwater Permits Program
at our Asheville plant and making the determination if it will be capable of receiving the storm water
discharge from the containment structure surrounding our lube tank farm.
3. Advising us on how to best bring our site into Storm Water Compliance.
4. Communicating and interfacing with you on behalf of MEC.
The Engineer is Tim Laughlin with the North Carolina Petroleum Marketers Association. His phone
number is 919-782-4411 ext. 12. 1 have requested that he call you today.
1 hope that this meets the requests that you conveyed to me during our most recent phone conversation
as well as conveys to you the diligence and attention that Mountain Energy is giving this matter. 1 would
have contacted you sooner but It has taken a few days to select an engineer that was capable of
undertaking the task in addition to being able to work it into his schedule in a reasonable amount of
time.
Sincerely
Thom Morgan
Mountain Energy Corporation
Thomas Morgan
352 Georgia Ave
Waynesville, NC 28786
Office 828-456-9473
Mobile [phone]
E-Mail: [e-mail]
Laurie Moorhead - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa NC 28778
Tel: [phone]
5 of 6 6/22/2007 11:08 AM

RE: NC Stormwater Permits Program
Fax: [phone]
BulkPlantStormwaterPlans.pdf
Content -Type: application/octet-stream
Content -Encoding: base64
1 Content -Type: application/octet-stream
BulkPlautWaterPermits.pdf
Content -Encoding: base64
Content -Type: application/octet-stream
StorrnwaterLetters.pdf I
Content -Encoding: base64
Content -Type: application/nisword'
:1317.do6
N
Content -Encoding: base64
'01L-WAterSeparatorSpecs.DOC�� Content -Type: application/msword:;
I
Content -Encoding: base64
6 of 6 6/22/2007 11 i08 AM

Re: NCGO80797 Mountain Energy Corporation --Asheville
Subject: Re: NCGO80797 Mountain Energy Corporation --Asheville
From: Laurie Moorhead <[e-mail]>
Date: Thu, 21 Jun 2007 15:46:11 -0400
To: Bill Diuguid <[e-mail]>, Laurie Moorhead <Laurie.Moorhead @ncmai].net>
This one is fine. Let her go and many, many thanks for issuing these so promptly.
Laurie
Bill Diuguid wrote:
Laurie Moorhead, Asheville Regional Office, Here's the second one:
Please review the attached application. In addition to the table below, I've also attached a scanned
copy of the NOI.
COC # Facility Location City
NCGO80797 Mountain Energy Corporation 288 Lyman Street Asheville
If you need any more info, give me a call. If you could respond by 7/22/2007, I'd appreciate it, so I
can issue their COC.
Thanks.
Bill Diuguid
William H. Diuguid, AICP
Community Planner, Wetlands and Stormwater Branch
Division of Water Quality
Department of Environment and Natural Resources
1617 Mail Service Center
Raleigh North Carolina 27699-1617
Phone: [phone], ex 382
Fax: [phone]
Laurie Moorhead - Laurie.Moorheaduncmail.net
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28776
Tel: [phone]
Fax: [phone]
of 2 6/21/2007 3:46 PM

Re: Professional Engineer
to
Subject: Re: Professional Engineer
From: Laurie Moorhead <Laurie.Moorhead rr ncmail.net>
Date: Thu. 21 .Tun 2007 13.17:51 -0400
To: Mountain Energy <[e-mail]>
Dear Mr. Morgan.
Thank you for following up on our conversation. I have spoken with Tim Laughlin this morning and
he indicated that as soon as you are a member of the NC Petroleum Marketers Association, he will be
available to help you get into compliance. He now has my email address and plans to let me know
.once you are a member. At that time; we will work together to get both Mountain Energy sites into
compliance with your forthcoming stormwater permits and any other applicable environmental laws.
Thank you so very much for your attention to this matter, I am sure that Tim will keep you apprised
of all necessary steps for compliance and I assume that he is or will be authorized by you to ensure
that corrections to current conditions are made. Please note that whatever advice you recieve from
Tim, Mountain Energy can not rely on the current practice of releasing contaminated stormwater
directly to the storm drain from the oil tank farm at the Asheville site. Should you have any questions,
please contact me.
Sincerely,
Laurie Moorhead
Mountain Energy wrote:
Dear Laurie Moorhead.
Following your suggestions - Mountain Energy has secured the services of an Engineer to
undertake the following:
1. Compliling a Storm Water Best Practices Plan.
2. Evaluating the capacity of the current oil water separator
at our Asheville plant and making the determination if it will be capable of receiving the storm
water discharge from the containment structure surrounding our lube tank farm.
3. Advising us on how to best bring our site into Storm Water Compliance.
4. Communicating and interfacing with you on behalf of MEC.
The Engineer is Tim Laughlin with the North Carolina Petroleum Marketers Association. His
phone number is 919-782-4411 ext. 12. I have requested that he call you today.
I hope that this meets the requests that you conveyed to me during our most recent phone
conversation as well as conveys to you the diligence and attention that Mountain Energy is giving .
this matter. I would have contacted you sooner but It has taken a few days to select an engineer
that was capable of undertaking the task in addition to being able to work it into his schedule in a
reasonable amount of time.
Sincerely
Thom Morgan
1 c � 2 6/21/2007 1:18 PM

Re Professional Engineer
n
Mountain Energy Corporation
Thomas Morgan
352 Georgia Ave
Waynesville, NC 28786
Office 828-456-9473
Mobile [phone]
E-Mail: thommorgannbellsouth.net
Laurie Moorhead - Ltiurie.yloc;r't ead@ncir:ail..:t�t
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Laurie Moorhead <Laurie.Moorhead ancrnail.net>
NC DENR - Asheville Regional Office
i
Division of Water Quality - Water Quality Section i
2 o12 6/21/2007 1:18 PM

Pr( tpssional Engineer
Subject: Professional Engineer
From: "Mountain Energy" <[e-mail]>
Date: Thu, 21 Jun 2007 11:19:05 -0400
To: "Laurie Moorhead" <laurie.moorhead a ncmail.net>
Dear Laurie Moorhead.
Following your suggestions - Mountain Energy has secured the services of an Engineer to undertake
the following:
1. Compliling a Storm Water Best Practices Plan.
2. Evaluating the capacity of the current oil water separator
at our Asheville plant and making the determination if it will be capable of receiving the storm
water discharge from the containment structure surrounding our lobe tank farm.
3. Advising us on how to best bring our site into Storm Water Compliance.
4. Communicating and interfacing with you on behalf of MEC.
The Engineer is Tim Laughlin with the North Carolina Petroleum Marketers Association. His phone
number is 919-782-4411 ext. 12. I have requested that he call you today.
I hope that this meets the requests that you conveyed to me during our most recent phone
conversation as well as conveys to you the diligence and attention that Mountain Energy is giving this
matter. 1 would have contacted you sooner but It has taken a few days to select an engineer that was
capable of undertaking the task in addition to being able to work it into his schedule in a reasonable
amount of time.
Sincerely
Thom Morgan
Mountain Energy Corporation
Thomas Morgan
352 Georgia Ave
Waynesville, NC 28786
Office 828-456-9473
Mobile [phone]
E-Mail: thommorgan a bellsouth.net
I C ' 1 6/21/2007 12:13 PM

NPI)ES Morgan in Asheville/Waynesville.
Subject: NPDES Morgan in Asheville/Waynesville.
From: "Tim Laughlin" <[e-mail]>
Date: Thu, 21 Jun 2007 12:04:16 -0400
To: <laurie.moorhead@ncmall. net>
CC: "Gary Harris \(Gary 1-larris\)" <gfharris cr ncpma.org>, "Annette Miltz" <[e-mail]>
Laurie,
Per our phone conservation, I can help Mr. Morgan as soon as his firm is a member of the NCPMA. I
will advise him that NOVs may be in the works if these issues are not responded to in a timely manner.
I will let you know when his firm becomes a member of NCPMA.
Regards,
Timothy Laughlin, PE
Technical Director
NC Petroleum Marketers Association
7300 Glenwood Avenue
Raleigh, NC 27612
www.ncpma.org
919-782-4411
1 c.r 1 6/21/2007 12:15 PM

Division of Water Quality / Water Quality Section
National Pollutant Discharge Elimination System
NCQENR
' wxarw G�.w. n.s�nr«rwr rr
NCGO$0000
NOTICE OF INTENT
FOR ACi;NCY USE ONLY
bate Received
Year
Month
Dav
Certificate of Covera c
0 17
Check it mount
+ IT
Permit AS51 'nedto
1
National Pollutant Discharge Elimination System application for coverage under General Permit
NCG080000:
STORMWATER DISCHARGES from Vehicle Maintenance Areas (including vehicle rehabilitation),
mechanical repairs, painting,fueling,lubrication and equipment cleaning operations areasd
with activities classified as:``7
SIC 40 Rail Transportation
SIC' 41 Local and Suburban Transit and Interurban Highway passenger Transportation? U
SIC 42 Motor Freight Transportation and Warehousing (except SIC 4221-4225)
SIC 43 Postal Servicei1 r
The following activities are also included:
• Other industrial activities where the vehicle maintenance area(s) is the only area requiring permitting
• Petroleum Bulk Stations and Terminals (SIC 5171) with total petroleum site storage capacity of less than 1
million gallons
• Stormwater discharges from oil water separators and/or from secondary containment structures
associated with petroleum storage facilities with less than 1 million gallons of total petroleum site storage
capacity.
• Discharges associated with vehicle maintenance operations at activities, which are otherwise designated
on a case -by -case basis as being required to be permitted.
(Please print or type)
1) Mailing address* of owner/operator:
* Standard Industrial Classification Code
Name OUNi t11 am"LCQ-1;alli�
Street Address 2. ' L
City i State C\Y'-- ZIP Code z k,,;k
Telephone No- 32- S Z53 --z32 t Fax:
'Address to which all permit correspondence will be mailed
2) Location of facility producing discharge:
Facility Name i�, i^sU Cry Ln�R,.1�Y�i
Facility Contact .c tn:►(�._ `?l1CAC cR �TttsrvV+s mtYL'�l
Street Address MPNN
City State WC_ ZIP Code i
County -
Telephone No. `L`� Z5 — Z Z _ Fax:
3) Physical Location Information:
Please provide a narrative description of how to get to the facility (use street names, stale road numbers, and
distance and direction from a roadway intersection).
(A copy of a county map or USGS quad sheet with facility clearly located on the map is required to be submitted with this application)
Page 1 of 3
SVVU-223-101701

NCGO80000 N.O.I.
4) This NPDES Permit Application applies to which of the following:
❑ New or Proposed Facility Date operation is to begin
IX Existing
5) Standard Industrial Classification:
Provide the 4 digit Standard Industrial Classification.Code (SIC Code) that describes the primary industrial
activity at this facility
SIC Code: 2
6) Provide a brief narrative description of the types of industrial activities and products manufactured at
this facility.�lQ�tty4�► �;�•�tls - _ ` z1iUF t5 —
7) Discharge points ! Receiving waters:
How many discharge points (ditches, pipes, channels, etc_) convey stormwater from the property?
What is the name of the bow or bodies of water (creek, stream, river, lake, etc_) that the facility stormwater
discharges end up in?
If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm
- sewer system (e.g. City of Raleigh municipal storm sewer)_ �W Vic, W �`�, (\-N��
8) Does this facility have any other NPDES permits? J
G/No
❑ Yes
If yes, list the permit numbers for all current NPDES permits for this facility:
9) Does this facility have any Non -Discharge permits (ex: recycle permits)?
2'No
❑ Yes
If yes, list the permit numbers for all current Nan -Discharge permits for this facility:
10) Does this facility employ any best management practices for stormwater control?
INN o
❑ Yes
If yes, please briefly describe:
11) Does this facility have a Stormwater Pollution Prevention Plan?
L3' No
❑ Yes
If yes, when was it implemented?
12) Are vehicle maintenance activities occurring at this facility?
V No ❑ Yes
13) Hazardous Waste:
a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility?
C'N0 ❑ Yes
b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of
haz rdous waste?
l� No ❑ Yes
Page 2 of 3
SW U-223.101701

NCG080000 N.O.I.
c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of
hazardous waste?
12'No ❑ Yes
d) If you answered yes to questions b, or c., please provide the following information: u N
Type(s) of waste:
How is material stored. -
Where is material store
How many disposal shipments per year:
Name of transport / disposal vendor:_
Vendor address:
14) Certification:
North Carolina General Statute 143-215.6 b (i) provides that:
Any person who knowingly makes any false statement, representation, or certification in any application, record, report,
plan or other document filed or required to be maintained under Article 21 or regulations of the Environmental
Management Commission implementing that Article, or who falsifies. tampers with or knowingly renders inaccurate any
recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the
Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a
fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. ( 18 U.S.C. Section 1001 provides
a punishment by a fine of not more than $10.000 or imprisonment not more than 5 years, or both, for a similar offense.)
I hereby request coverage under the referenced General Permit. I understand that coverage under this permit
will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an
individual permit.
I certify that I am familiar with the information contained in this application and that to the best of my knowledge
and belief such information is true, complete, and accurate.
Printed Name of Person Signing `ZI �l�.CrtfiN
Title:
(Signature of Applicant)
(Date Signed)
Notice of Intent must be accompanied by a check or money order for $80.00 made payable to:
NCDENR
Final Checklist
This application will be returned as incomplete unless all of the following items have been included:
❑ Check for $80 made payable to NCDENR
❑ This completed application and all supporting documents
❑ Copy of county map or USGS quad sheet with tot ation of facility clearly marked on map
Mail the entire package to:
Stormwater and General Permits Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Note
The submission of this document does not guarantee the issuance of an NPDES permit.
Page 3 of 3
SW U-223-101701

'a
Mountain Energy
Corp -Asheville
Latitude: 35134'41" �CG0S07g.7
Longitude: 82134'6"
County: Buncombe Mountain Energy
Stream Class: B Corporation
Receiving Stream: French Broad River
Sub -basin: 04-03-02 (French Broad River Basin)
[:i irim .i e-=.'?-e iv_, ti
Facility'
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Page I of 2
288 Lyman, Asheville
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http://gis.buncombecounty.oralservleticoni.esri.esrim6p.'Esrimap?ServiceName=sid3&Form... 6/6/2007

Map Output
Page 2 of 2
http:/,'gis.bunconibecounty.org/servlet/cony.esri.esrimap:Esriniap?ServiceNarne=sid3&Fonn... 6/6/2007

It
Mountain Ene
Corp -Asheville A
� ME
AID- V*Vz
Latitude. 35"34'41"
Longitude: 82"34'6" NCGO80797 Facility
County: Bunconibe Mountain Energy Location
Stream Class: B Corporation
Receiving Stream: French Broad RIVel,

'-s
1
ilk
1
I
3
41
4

RE: Professional Engineer
Subject: RE: Professional Engineer
From: "Mountain Energy" <[e-mail]>
Date: Thu, 21 Jun 2007 21:42:34 -0400
To: "'Laurie Moorhead"' <[e-mail]>
Dear Laurie Moorhead,
I have downloaded the application for NCPMA membership off the internet, The application will be
completed and sent out in tomorrow's priority mail with a check. I do not have the ability to respond
any faster. I should become a member of NCPMA as soon as they can process the application. I have
asked Tim Laughlin to please work this assignment into his schedule as quickly as is reasonably
possible.
I am employing Tim with the assumption that I will be able to have confidence in his ability to provide
timely and accurate guidance in matters relating to the Storm Water Permit. I am also making the
assumption that his guidance relating to the Storm Water Permit will be satisfactory to you as well.
We have gone to great lengths to place petroleum absorbent pads at the end of the containment discharge
pipe that is prior to the drain entering the storm drain. It has been our intent and practice to only release
storm water into the storz drain. No one ever requested that we do this — we were attempting to take an
additional measure to ensure that we were doing the right thing. Please rest assured that we are willing
to change this practice so that it is no longer an issue.
to order to minimize any possible future misunderstandings and for everyone to be able to rely on the
same information and view the same conditions- I would like to suggest that all future visits to our site
be scheduled in advance. This will enable us to accommodate you and to have a MEC representative
available. In accordance with your previous request I will designate Craig Watkins from our Asheville
office, myself and Tim Laughlin as the MEC representatives.
I dropped off the copies of the MEC Storm Water Permit applications to your office today. I had
intended to deliver them prior to today so I did not have them mailed. Please accept my apology for the
delay.
Sincerely,
Thom Morgan
I of 4 6/22/2007 8:27 AM

RE: Professional Engineer
Mountain Energy
Thomas R. Morgan
President
352 Georgia Ave.
Waynesville, NC 28786
Phone: [phone]
Cell: 828-421-3615
Fax: [phone]
E-Mail: thomniorgan cL,bcllsouth.nct
From: Laurie Moorhead[mailto:Laurie.Moorhead@ncmai].net]
Sent: Thursday, June 21, 2007 1:18 PM
To: Mountain Energy
Subject: Re: Professional Engineer
Dear Mr. Morgan,
Thank you for following up on our conversation. I have spoken with Tim Laughlin this morning and he
indicated that as soon as you are a member of the NC Petroleum Marketers Association, he will be
available to help you get into compliance. He now has my email address and plans to let me know once
you are a member. At that time, we will work together to get both Mountain Energy sites into
compliance with your forthcoming stormwater permits and any other applicable environmental laws.
Thank you so very much for your attention to this matter. I am sure that Tim will keep you apprised of
all necessary steps for compliance and I assume that he is or will be authorized by you to ensure that
corrections to current conditions are made. Please note that whatever advice you recieve from Tim,
Mountain Energy can not rely on the current practice of releasing contaminated stormwater directly to
the storm drain from the oil tank farm at the Asheville site. Should you have any questions, please
2 of 4 6/22/2007 8:27 AM

RE: Professional Engineer
contact me.
Sincerely,
L:aurie Moorhead
Mountain Energy wrote:
Dear Laurie Moorhead,
Following your suggestions - Mountain Energy has secured the services of an Engineer to undertake the
following:
1. Compliling a Storm Water Best Practices Plan.
2. Evaluating the capacity of the current oil water separator
at our Asheville plant and making the determination if it will be capable of receiving the storm water
discharge from the containment structure surrounding our lube tank farm.
3. Advising us on how to best bring our site into Storm Water Compliance.
4. Communicating and interfacing with you on behalf of MEC.
The Engineer is Tim Laughlin with the North Carolina Petroleum Marketers Association. His phone
number is 919-782-441 1 ext. 12. 1 have requested that he call you today.
I hope that this meets the requests that you conveyed to me during our most recent phone conversation
as well as conveys to you the diligence and attention that Mountain Energy is giving this matter. I would
have contacted you sooner but It has taken a few days to select an engineer that was capable of
undertaking the task in addition to being able to work it into his schedule in a reasonable amount of
time.
Sincerely
Thom Morgan
Mountain Energy Corporation
3 of 4 6/22/2007 8:27 AM

RE: Professional Engineer
.t
Thomas Morgan
352 Georgia Ave
Waynesville, NC 28786
Office 828-456-9473
Mobile [phone]
E-Mail: thommorgan a bellsouth.net
Laurie Moorhead - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - water Quality Section
2090 U.S. 70 Highway
Swannanoa I NC 28778
Tel: [phone]
Fax: [phone]
4 of 4 6/22/2007 8:27 AM

Re Site Visit at Waynesville Mountain Energy
Subject: Re: Site Visit at Waynesville Mountain Energy
From: Laurie Moorhead <Lauri e. Mo orhead@ncmai 1. net>
Date: Mon; 04 Jun 2007 10:37:46 -0400
To: Thom Morgan <[e-mail]>, [e-mail]
Thom,
Thanks for getting back to me on the status of your progress so far. It's a shame
Waynesville WWTP can't take the stormwater but I understand. Fred has already
responded to me. As tying onto the sanitary sewer is not an option for you at the
Waynesville plant, you will need to obtain a stormwater permit for that location as
well as for your Asheville site. You should still have a Notice of Intent as I
gave you two copies when we met here at the Regional Office. Please complete it
today and provide a copy to me here in Asheville as you did for the Asheville
facility.
Keep me posted on what's happening as your operations are a priority for me right
now. Thanks.
Laurie
Thom Morgan wrote:
Laurie
I met with Fred Baker Friday afternoon and he is going to contact you. He
doesn't feel that he can take the whole site - he says his sewer line isn't
large enough and he doesn't want to treat rain water.
I have sent off the Asheville paperwok.
We have completed the MSD paperwork and Richard is in contact with the
person there - I will get you the contact name.
Thanks
Thom
Mountain Energy
Thomas R. Morgan
President
352 Georgia Ave.
Waynesville, NC 28786
Phone: [phone]
Cell: 828-421-3615
Fax: [phone]
E-Mail: [e-mail]
-----Original Message -----
From: Laurie Moorhead(mailto:[e-mail]) Sent: Thursday, May
24, 2007 2:18 PM
To: [e-mail]
Cc: [e-mail]; Laurie Moorhead
Subject: Site Visit at Waynesville Mountain Energy
Mr. Morgan,
Attached is a letter which I prepared following my visit to your Waynesville
site this morning. I left you a voice mail message to contact me
also .... 828/296-4664. Please give me a call as soon as you get either the voice
mail message or this email.
Thank you.
Laurie Moorhead
! C2 6/4/2007 10:38 AM

Re: Tom Morgan, Mountain Energy 14 RsJ
W� 1
Subject: Re: Tom Morgan, Mountain Energy
From: Laurie Moorhead <Laurie.Moorhead a ncmai1.net>
Date: Mon. 04 Jun 2007 10:33:10 -0400
To: Fred Baker <[e-mail]>
Fred,
Thanks for taking a look. I had hoped that you could handle the flow, but I understand. We'll have to
issue them a stormwater permit for their oil/water separator.
Laurie
Fred Baker wrote:
Laurie,
1 met with Mr. Morgan today and toured the facility on Georgia Avenue. Unfortunately the
tributary area is too great and the sanitary sewer capacity is too limited to be able to accept flow
from the site. In general, any discharge generated from a precipitation event is a problem for a
separate sanitary sewer system. In particular the Hazelwood area has a wet weather flow problem
because prior to merger with Waynesville there was no incentive to prevent inflow connections.
We have smoke tested the entire system but still find roof leaders connected from time to time. A
single roof top can cause a significant problem. This is a 1.5 acre site with an estimated C of
0.85.
I had in mind just a small diked area of tank farm. After a rainfall event the operator would
check for product and then switch on a small sump pump to discharge the stored rainwater via the
existing 4" building sewer to the public sewer in Georgia Avenue. We could handle the
resulting 5 or 10 GPM discharge during dry weather. The runoff being routed to the oil water
separator is immense. Even if it were possible to divert rooftops and much of the other site areas
around the separator, the volumes and rates of the runoff are more than the sanitary sewer
collection system can handle.
As a storm water issue there a numerous BMPs to consider as you are well aware.
Unfortunately introducing this volume of stormwater runoff into a sanitary sewer system is not a
technically or economically feasible alternative. Sorry.
Fred Baker
Laurie Moorhead - Laurie. isaori)ead@nc:rail . rink
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality -- Water Quality Section
2090 U.S. 70 Highway
Swannanca, NC 28778
Tel: [phone]
Fax: [phone]
Laurie Moorhead <Laurie.Moorhead (a�nctnail.net>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section
1 oi' 1 6/4/2007 10:33 AM

O�0F W A T RQG Michael F. Easley, Governor
q William G. Ross Jr., Secretary
0) (&
North Carolina Department of Environment and Natural Resources
-5 Alan W. Klimek, P.E. Director
Division of Water Quality
1^1�%i�IT�i�RAfR,W AlrMboM�w�Ni.�
May 23, 2007 F I LEI
Mr. Thom Morgan
Mountain Energy
288 Lyman Street
Asheville, NC 28801
Subject: Notes from May 23, 2007 Meeting
Dear Mr. Morgan:
This letter serves to document the outcome of our meeting this morning, May 23, 2007, held at the
Asheville Regional Office. Upon discussion of the applicability of the general stormwater permit to
your operations that are classified as SIC 5171, we both agreed that you would seek permit
coverage under general stormwater permit NCG080000, and you were provided with a Notice of
Intent to complete and submit to the-Stormwater Permitting Unit in Raleigh. The following are
dates with which we both agreed would serve as deadlines for specific goals:
• No later than May 29, 2007 you will submit a Notice of Intent for NCGO80000 to the
Stormwater Permitting Unit, at the address provided, for your Asheville facility. You will
furnish a copy of the Notice of Intent and cover letter to me at the Asheville Regional Office
postmarked no later than May 29, 2007.
• No later than May 31, 2007 you will email to me a progress update relating to the hook up
of the existing oil water separator to the Metropolitan Sewerage District, including a
progress update towards eliminating the discharge from the tank farm on the hill at your
Asheville facility.
• On May 24, 2007 1 will conduct an inspection of your facility at 352 Georgia Avenue in
Waynesville to determine applicability of a stormwater permit for similar operations being
conducted under SIC 5171. Note that I will contact you both in writing (email and posted.
mail) and by telephone to inform you of the need, or not, of a stormwater discharge permit.
• Should I determine that permit coverage under NCG080000 for the Waynesville operations
is required, be advised that you are to submit a Notice of Intent, which you were provided
today, to the Stormwater Permitting Unit no later than May 29, 2007, again providing a copy
of the Notice of Intent and cover letter to me at the Asheville Regional Office.
I thank you for your close attention to this permitting and compliance issue for both of your
facilities. Feel free to contact me at any time to expedite your understanding and to assist you in
coming into compliance.
Sincerely, �P
Laurie L. Moorhead
Environmental Specialist
C: thom_morgan(a7bellsouth.net
Richard. ack rnountainener net
Danny Smith, NPS-ACO Unit
ARO Files
NT0o hcarolina
Xalanlly
North Carolina Division of Water Quality 2090 U.S. I iighway 70 -. Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www,ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

Of li.' lI Notes from DWQ Meeting May 23, 2007
Subject: Official Notes from DWQ Meeting May 23, 2007
From: Laurie Moorhead <[e-mail]>
Date: Wed, 23 May 2007 1 1:19:01 -0400
To: [e-mail]
CC: [e-mail], [e-mail]
Mr. Morgan,
Attached are the notes from our meeting this morning with the deadlines to which we
agreed.
Thank you for your prompt attention to the discharges at your Asheville facility.
Laurie Moorhead
Laurie Moorhead - Laurie.I�oo-i_ead@ncaril .net
North Carolina Dept. of Environment and Na tural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Laurie Moorhead <.Laurie.Moorheadnncmai1.net>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Qualitv Section
MorganEnergy52320071tr.doc Content -Type: application/msword
Content -Encoding: base64
l of 1 5/23/2007 1 1:19 AM

W A TF
O�O 9QG Michael F. Easley, Governor
9 William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
❑ `C Alan W. Klimek, P.E. Director
Division of Water Quality
May 23, 2007
Mr. Thom Morgan
Mountain Energy
288 Lyman Street
Asheville, NC 28801
Subject: Notes from May 23, 2007 Meeting
Dear Mr. Morgan:
This letter serves to document the outcome of our meeting this morning, May 23, 2007, held at the
Asheville Regional Office. Upon discussion of the applicability of the general stormwater permit to
your operations that are classified as SIC 5171, we both agreed that you would seek permit
coverage under general stormwater permit NCGO80000, and you were provided with a Notice of
Intent to'complete and submit to the Stormwater Permitting Unit in Raleigh. The following are
dates with which we both agreed would serve as deadlines for specific goals:
• No later than May 29, 2007 you will submit a Notice of Intent for NCG080000 to the
Stormwater Permitting Unit, at the address provided, for your Asheville facility. You will
furnish a copy of the Notice of Intent and cover letter to me at the Asheville Regional Office
postmarked no later than May 29, 2007.
• No later than May 31, 2007 you will email to me a progress update relating to the hook up
of the existing oil water separator to the Metropolitan Sewerage District, including a
progress update towards eliminating the discharge from the tank farm on the hill at your
Asheville facility.
• On May 24, 2007 i will conduct an inspection of your facility at 352 Georgia Avenue in
Waynesville to determine applicability of a stormwater permit for similar operations being
conducted under SIC 5171. Note that I will contact you both in writing (email and posted
mail) and by telephone to inform you of the need, or not, of a stormwater discharge permit.
• Should I determine that permit coverage under NCGO80000 for the Waynesville operations
is required, be advised that you are to submit a Notice of Intent, which you were provided
today, to the Stormwater Permitting Unit no later than May 29, 2007, again providing a copy
of the Notice of Intent and cover letter to me at the Asheville Regional Office.
I thank you for your close attention to this permitting and compliance issue for both of your
facilities. Feel free to contact me at any time to expedite your understanding and to assist you in
coming into compliance.
Sincerely,
Onginaesigned 6y
Laurie L. 54foorfead
Laurie L. Moorhead
Environmental Specialist
C: thommoraan(cDbellsouth.net
Richard. packCo)-mountainenergy.net
Danny Smith, NPS-ACO Unit one
ARO Files NorthCarolina
,Natima!!y
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 29779 Phone [phone] Customer Service
Internet: www.ncwaterqualityorg FAX [phone]
An Equal OpportunitylAffirmatNe Action Employer — 50% Recycledll0% Post Consumer Paper

Mountain Energy Corporation is agreeable to do everything that you deem necessary and
reasonable to quickly resolve this matter.
Sincerely
Thomas R. Morgan
Mountain Energy Corporation
Thomas R. Morgan
President
288 Lyman Street
Asheville, NC 28801
Phone [phone]
Cell 828-421-3615
E Mail: thommorgan a[ibellsonth.net

�- o�aF.WATF9QG
co
r
1] �
Thomas Morgan
Mountain Energy
288 Lyman Street
Asheville, NC 28801
Dear Mr. Morgan:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
SURFACE WATER PROTECTION
April 18, 2007
SUBJECT: Notice of Violation
NOV=2007-DV-0031'
Mountain Energy
Buncombe County
Asheville. Regional Office
In response to a citizen's complaint regarding an oily discharge from a stormwater pipe
leaving your property at 288 Lyman Street, Ms. Laurie Moorhead of the this office found an illegal
discharge of oil, constituting a violation of General Statute 143-215.83(a). In addition you were
found to be operating an unpermitted oil/water separator from a separate area of the property as
well as failing to have required stormwater permit coverage (NCG080000), constituting a violation
of General Statute 143-215.1.
To correct the above violations, you are required to do the following:
A. Cease discharging ail "oil" or other hazardous substances on the land or waters of the
State from the tank farm located at the back of your property.
r .- '_�� Y
rc�r errlilt coverage r"�rihe cxl5tln"pl water separatorwntc Iscnrqes wager to - - ---__- -^
the French Broad River as well as for coverage of all stormwater discharges from the site
at 288 Lyman Street.
C. Contact this office in writing within 10 days of receipt of this letter of your intention to
comply and with a schedule for achieving compliance.
This office requires that violations, as stated above, be abated immediately. Please note,
these violations and any future violations may be subject to civil penalty assessments of up to
$25,000.00 per day, per violation. Your response and any questions you may have should be
directed to Ms. Laurie Moorhead of the Asheville Regional Office at 828/296-4500.
Sincerely,
Roger Edwards, Regional Supervisor
Water Quality Section
cc: Danny Smith, NPS-ACO Unit
Central Files
Asheville Files
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288 Lyman Street Asheville NC 28802
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Division Of Water Quality
Roger Edwards, Regional Supervisor
Attention Laurie Moorhead
2090 US Highway 70
Swannanoa, NC 28778
Phone [phone]
Fax [phone]
May 11, 2007
Dear Laurie Moorhead:
_ . l am in iCc�6pf of the.•i•egistered letter dated. April.] 8, 20Q7 from .f�c ger Edvv rds;.� ``"" _ __ _
Regional Supervisor / Division Of Water Quality. Please allow this letter to serve as a
follow up to that letter as well as our phone conversations regarding this matter.
While I do not want to come across as adversarial, I do want to address the
various allegations stated in your letter. I agree that we have discharged rain water from
our lubricant tank farm containment system into the storm drain which traverses our
property. I do not agree that we have discharged oil from our property.
I am also unclear as to whether or not Mountain Energy Corporation is required to
have a permit to operate an oil water separator as well as have a Storm Water Permit. I
state this because in the past Mountain Energy Corporation has held both such permits,
but did not renew them, after it was informed by various officials that it was not required
to have either. We do not conduct maintenance on our property and we do not discharge
anything but rain water that collects in our containment system from our property.
Mountain Energy Corporation with your assistance is more than agreeable to
apply for permit coverage for the exiting oil/water separator as well as a Storm Water
Permit. I would request that you provide me with the assurances that these are required.
I will also provide you with the information that was provided to us stating why these
permits were not required.
If you are agreeable, it is also our intent to connect our lobe tank farm
containment system so that it discharges into our oil / water separator. It is also are intent
to connect our oil / water separator so that it discharges into the MSD system. We
currently have one of our employee's in contact with MSD regarding this.

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19 William G. Ross Jr., Secretary
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Alan W. Klimek, P.E. Director
© _ 1 Division of Water Quality
Asheville Regional Office
SURFACE WATER PROTECTION
April 18, 2007
CERTIFIED MAIL
RETURN RECEIPT REgUESTED - 7006 2150 0005 2459 5632
Thomas Morgan
Mountain Energy
288 Lyman Street
Asheville, NC 28801
SUBJECT
Dear Mr. Morgan:
Notice of Violation
NOV-2007-DV-0031
Mountain Energy
Buncombe County
In response to a citizen's complaint regarding an oily discharge from a stormwater pipe
leaving your property at 288 Lyman Street, Ms. Laurie Moorhead of the this office found an illegal
discharge of oil, constituting a violation of General Statute 143-215.83(a). In addition you were
found to be operating an-unpermitted oil/water separator from a separate area of the property as
well as failing to have required stormwater permit coverage (NCG080000), constituting a violation
of General Statute 143-215.1.
To correct the above violations, you are required to do the following:
A. Cease discharging all "oil" or other hazardous substances on the land or waters of the
State from the tank farm located at the back of your property.
B. Apply for permit coverage for the existing oil/water separator which discharges water to
the French Broad River as well as for coverage of all stormwater discharges from the site
at 288 Lyman Street.
C. Contact this office in writing within 10 days of receipt of this letter of your intention to
comply and with a schedule for achieving compliance.
This office requires that violations, as stated above, be abated immediately. Please note,
these violations and any future violations may be subject to civil penalty assessments of up to
$25,000.00 per day, per violation. Your response and any questions you may have should be
directed to Ms. Laurie Moorhead of the Asheville Regional Office at 828/296-4500.
Sincerely,
C- . L� r�ctrC-= - ri
Roger Edwards, Regional Supervisor
Water Quality Section
cc: Danny -Smith, NPS-ACO Unit
_Central Files
`. . Asheville Files
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2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: [phone]G0 Fax: [phone] Customer Service 1 877 623-6748