Document EmNNpnwr1RLNL8YXMBx8ZJ4Ex

Compliance Evaluation Inspection Report Robert A. Roe Federal Building 200 Federal Plaza, Paterson, NJ 07505 December 10th, 2024 Written by: X KEVIN DYER Digitally signed by KEVIN DYER DN: c=US, o=U.S. Government, ou=Environmental Protection Agency, cn=KEVIN DYER, 0.9.2342.19200300.100.1.1=68001003771302 Date: 2025.01.29 11:24:35 -05'00' Adobe Acrobat version: 2024.005.20320 Enforcement Officer ECAD-CAPSB-CAS USEPA R2 Approved by: KATHLEEN X MALONEBOGUSKY Digitally signed by KATHLEEN MALONE-BOGUSKY Date: 2025.01.29 11:46:07 -05'00' Chief - Compliance Assurance Section ECAD-CAPSB-CAS USEPA R2 Page | 1 This page has intentionally been left blank. Page | 2 Compliance Evaluation Inspection U.S. Environmental Protection Agency, Region 2 Enforcement and Compliance Assurance Division 290 Broadway, 21st floor New York, New York 10007-1866 Locational Information Facility Name: Robert A. Roe Federal Building Facility Address: 200 Federal Plaza, Paterson, NJ, 07505 Latitude & Longitude: 40.91516806504296, -74.16990429976542 ICIS & other Program ID Codes, as appropriate FRS: 110054850318 ICIS: 3601641475 Program: PI# 480914 Sector Information Federal Facility: Yes SIC: 9199 (General Government) NAICS: 921190 (Personnel Offices, Government) Environmental Sensitivity Information Potential Flood-Prone Area: No (See Appendix B: FEMA Flood Map) Sole Source Aquifer: No (See Appendix C: Sole Source Aquifer Map) Potential EJ Concerns: Yes (See Appendix D: EJ SCREEN) Inspection Information Date of Inspection: December 10th, 2024 Inspector: Kevin Dyer Facility Representative(s): Name Title Craig Mall Chief Engineer at AB Facility Services contractor and Class A/B Operator John Elsea Building Engineer and Class C Operator Doel Rivera Building Manager Phone Corrections/Updates for EPA Databases: N/A Email doel.rivera@gsa.gov Page | 3 Table of Contents 1. INTRODUCTION..................................................................................................................................... 5 2. FACILITY TOUR ...................................................................................................................................... 5 3. RECORD REVIEW ................................................................................................................................... 6 4. REGULATORY CONCERNS/PRELIMINARY FINDINGS ............................................................................. 8 5. SCREENING CONCERNS ......................................................................................................................... 9 6. ENVIRONMENTAL ASSISTANCE ............................................................................................................. 9 7. REQUESTED INFORMATION .................................................................................................................. 9 APPENDICIES: .............................................................................................................................................. 10 Page | 4 1. INTRODUCTION The Region 2 office of the Environmental Protection Agency (EPA) inspected this facility for a compliance evaluation inspection (CEI) under Subtitle I of the Resource Conservation and Recovery Act (RCRA-I) because of the statutory requirement to inspect underground storage tanks (USTs) every three years. EPA records indicate that the facility had not been inspected since September 2019 and thus, was due for another inspection. At this previous inspection, inspector Ron Lockwood found numerous deficiencies in the facility's operator training and walkthrough inspection records. Therefore, this inspection was conducted in part to examine the facility's progress in addressing its past regulatory shortcomings. Inspector Kevin Dyer arrived at the facility at 11:34 AM where he was escorted through security and had his belongings x-rayed and examined. After going through security, he was met by John Elsea, the Building Engineer and Class C operator for the facility. Mr. Dyer presented his EPA credentials and explained that he was there to conduct an inspection of the facility's USTs under the statutory authority of RCRA-I. From there he was directed upstairs to where the facility's UST records were located. The facility has one 1,000-gallon diesel UST, which was installed in March 1990. The UST is constructed of fiberglass reinforced plastic (FRP), is double walled (DW) and utilizes interstitial monitoring for release detection according to its New Jersey Department of Environmental Protection (NJDEP) registration. Its piping was also registered as DW FRP with interstitial monitoring for release detection in addition to being European "Safe" Suction, with correspondence with third-party contractor being provided as proof of the European suction system. 2. FACILITY TOUR ATG and Emergency Generator Room The inspection started with a review of the records where Inspector Kevin Dyer met with Doel Rivera, the Building Manager for the facility. Mr. Rivera explained that the facility was in the process of installing an audio-visual alarm for the day tank after an inspection from the NJDEP highlighted the concern. After reviewing the records, John Elsea directed inspector Kevin Dyer downstairs to the emergency generator room (Photo #1). On the wall immediately adjacent to the doorway to the room was a placard displaying the contact info for Mr. Elsea, the Class C operator for the facility as well as the local fire department (Photo #2). Inside the room, on the wall opposite the emergency generator, was the UST monitoring system for the facility, a Veeder-Root TLS-300C (Photo #3). The UST monitoring system displayed no error messages outside of a low paper message. Mr. Elsea explained that a water pipe burst around June or July 2024 that caused the loss of some release detection print-out records that were stored in the room. As a result, no release detection records exist for 2023 or prior, but 2024 records from before the incident were able to be re-printed. The diesel day tank was located along the wall between the UST monitoring system and the emergency generator (Photo #4). It was while touring this room that Mr. Elsea stated that it is his understanding that the underground piping is not FRP, like the NJDEP registration claimed, but rather flex piping. He also claimed that there's no interstitial monitoring of the piping and that the piping is coated for cathodic protection. No records were made available to corroborate these claims, however. Page | 5 Sumps and Fill Port Mr. Elsea then led Inspector Dyer outside the facility to inspect the sumps and fill port. These were located about 30 feet to the west of the access driveway for the facility's underground parking garage along Ward Street. The area (Photo #5) consisted of a turbine sump, an access port for the UST's interstitial monitor, a fill port with a spill bucket, and a high-level alarm (HLA). There was also a second fill port located 6 or so feet closer to the street, which Mr. Elsea explained was from a previous UST system and was disused (Photo #6). The concrete around the sumps was highly deteriorated and cracked, which possibly left the sump vulnerable to flooding. The cracks were filled with a foam sealant, but the fix looked temporary. Mr. Elsea removed the sump lid and revealed the interior of the turbine sump, which was adequately free from debris and liquid (Photos #7 and #8). A liquid sensor was present within the sump but was located higher than recommended to get an early enough read on any leaks within the containment sump (Photo #9). Cross-referencing materials on non-metallic pipe identification, it appears the blue piping seen in the turbine sump (Photos #7 and #8) is APT Polytech XP FRP piping. This is a type of FRP piping, which contradicted what Mr. Elsea had said about the piping being flex pipe. Two feet to the left of the turbine sump was an access port to the sensor within the tank interstice (Photo #5). The access port (Photo #10) had no debris or liquid inside, though cracking along the concrete basin looks to make the port susceptible to flooding. The high-level alarm, located just behind the turbine sump, was tested to be clearly visible and audible to those delivering fuel (Photo #11). The fuel port was located a couple feet to the right of the turbine sump (Photo #5). The interior of the fuel port contained a spill bucket that was free from debris but had an inch or two of liquid inside (Photo #12). From opening the fuel port cap and looking inside, it was also clear that a flapper valve was present (Photo #13). 3. RECORD REVIEW UST Release Detection and Overfill Prevention Equipment Testing for Proper Operation John Elsea and Doel Rivera provided Inspector Dyer with the testing records for their UST monitoring system, which included testing the UST system's release detection sensors (annular sensors) as well as the electronic overfill device (overfill alarm). Accurate Tank Testing LLC conducted these tests on 7/30/2021 (Photos #14-15), 8/3/2022 (Photos #16-17), 8/2/2023 (Photo #18-19), and 8/1/2024 (Photo #20-21). No concerns were noted during their testing of these devices. The flapper valve, a secondary overfill prevention device, was not tested. Sump and Spill Bucket Integrity Testing Hydrostatic testing of the spill bucket and containment sump were conducted by Accurate Tank Testing LLC on 7/22/2022 (Photos #22-23). Both containments passed the integrity testing. UST Registration Certificate The facility had a NJDEP UST registration certificate dated April 1st, 2024 (Photo #24). Page | 6 Corrosion Protection Inspection Records No corrosion protection inspection records were provided due to the tank being FRP. However, the facility provided no documentation confirming the tank being FRP. Operator Training Records Thomas Beere, chief operating engineer at the AFBS contracting agency, is listed as the A/B operator on NJ DEP registration paperwork but was replaced in that role by Craig Mall. NJ DEP documentation was transmitted on 1/15/2025 and confirms this change in A/B operator. On 1/15/2025 the facility also provided the Class A/B training certificate for Craig Mall that is signed and dated October 2019 (Photo #2A). The Class C operator training certificate for John Elsea was sent to the EPA on 1/15/2025 and included the trainer, date, and signatures of Mr. Elsea and Mr. Mall (Photo #2B). It is unknown if any other operators are active at this facility. Monthly and Annual Walkthrough Inspection Records In lieu of a traditional checklist, Mr. Elsea was recording his monthly walkthrough inspections in a handwritten logbook. These records were kept daily from November 2021 until December 2024. However, this logbook only included the date, the words "emergency equipment, generator and leak check" the tank content volume, and an "all okay" (Photo #25). Inspector Dyer informed Mr. Elsea that he was concerned about the lack of information provided in the logbook, particularly the lack of a list of each area checked and whether all spill and release detection equipment was being visually inspected. Inspector Dyer also told Mr. Elsea that he was concerned about the lack of an annual walkthrough inspection of the containment sump. Mr. Dyer informed Mr. Elsea that he would provide him with a copy of EPA's own monthly inspection walkthrough checklist for his facility's reference. Additionally, inspector Dyer took concern with the logbook's tank content volume. The tank content volume would go up or down on a given day without any provided context or reason given. This was especially concerning because Mr. Elsea had informed Mr. Dyer during the inspection that fuel deliveries were incredibly infrequent, and that the last delivery was ten years ago. Some examples of this in the last year included: 5/3/24 (788 gal to 778 gal), 6/6/24 (778 gal to 788 gal), 8/27/24 (788 gal to 758 gal), and 11/22/24 (758 gal to 741 gal). Notably, EPA UST inspector Ronald Lockwood also documented concerns regarding this facility's walkthrough inspection record keeping in his 2019 inspection report. Mr. Lockwood documented that "both Mr. Donnelly and Mr. Esea were aware of the monthly walkthrough requirement but didn't know records were to be kept." Release Detection Records Mr. Elsea provided UST Monitoring System printouts of their "System Status Reports" as their release detection records. These records included January, March, April, May, June, July, August, September, October, and November 2024. February 2024 was missing and, as noted before, Mr. Elsea claimed that a flood from a burst pipe destroyed paper records from prior to 2024. As such, not all 12 months of Page | 7 records could be examined. The months that could be examined showed "all functions normal" (Photos #26-27). However, individual sensor statuses (i.e. annular sensors) could not be ascertained from these documents. 4. REGULATORY CONCERNS/PRELIMINARY FINDINGS Based on observations made during the inspection and/or a review of records related to the inspection, the following regulatory concerns were identified under RCRA-I. REGUALTORY, STATUTORY OR PERMIT REFERENCE According to 280.36 (b), owners and operators must maintain records of the 30-day operation and maintenance walkthrough inspections for spill prevention and release detection equipment for one year. Records must include a list of each area checked, whether each area checked was acceptable or needed action taken, a description of actions taken to correct an issue, and delivery records if spill prevention equipment is checked less frequently than every 30 days due to infrequent deliveries. According to 280.36 (a)(1)(ii), beginning October 13, 2018, owners or operators must conduct walkthrough inspections annually to check containment sumps and hand-held release detection equipment. As per 40 CFR 280.245(a), owners and operators of underground storage tank systems must maintain a list of designated operators, which, at a minimum, must (1) identify all current Class A, B, and C operators for the facility; and (2) include the names, Class of operator trained, date assumed duties, date each completed initial training, and any retraining. According to 40 CFR 280.41(a)(1), petroleum tanks installed on or before April 11, 2016 must be monitored for releases at least every 30 days using release detection methods listed in 280.43(d) through (i) (e.g. automatic tank gauging, vapor or groundwater monitoring, interstitial monitoring, and statistical inventory reconciliation) except if complying with 40 CFR 280.41(a)(1)(i) or 280.41(a)(1)(ii). OBSERVATION In lieu of a traditional checklist, Mr. Elsea was recording his monthly walkthrough inspections in a handwritten logbook; however, this logbook only included the date, the words "emergency equipment, generator and leak check" the tank content volume, and an "all okay" (Photo #25). No annual walkthrough inspection records of the containment sump were provided at the time of the inspection. No list of all designated facility operators was available at the time of the inspection. No monthly tank release detection reports were provided for the last 12 months. Mr. Elsea provided "System Status Reports" printed from the tank monitoring system but did not provide "Sensor Status Reports" which contain more relevant sensor information. Page | 8 5. SCREENING CONCERNS A screening for other environmental, safety, and health aspects outside the scope of this inspection was conducted via the U.S. EPA Region 2 Inspector's Multi-Media Checklist. No concerns were noted. 6. ENVIRONMENTAL ASSISTANCE To increase the Federal community's understanding and compliance with applicable environmental requirements, EPA, along with other Federal agencies, sponsor Fed Center, the Federal government's home for comprehensive environmental stewardship and compliance assistance information for Federal facility managers and their agencies. Fed Center can be accessed via the worldwide web at https://www.fedcenter.gov/. Additional information concerning UST compliance can be found at the following sites: - Must for UST Booklet https://www.epa.gov/ust/musts-usts - EPA Resources for UST Owners and Operators https://www.epa.gov/ust/resources-ust-owners-and-operators - Operating and Maintaining Underground Storage Tank Systems: Practical Help and Checklists https://www.epa.gov/ust/operating-and-maintaining-underground-storage-tank-systemspractical-help-and-checklists Finally, to better prevent environmental issues down the line, the facility may want to consider, as a best management practice, repair of the concrete basin the sump lids are coupled to, which were cracked at the time of the inspection, to better prevent flooding within the sumps (Photo #5). 7. REQUESTED INFORMATION Below are the documents and other relevant information that the EPA is requesting to complete this compliance evaluation. Once received, the information will be reviewed. Site planning documents/documentation identifying the tank and piping construction material as well as the presence or absence of double walls in the tank/piping. Documentation of whether piping is interstitially monitored. Visual confirmation that the liquid sensor in the containment sump was lowered to better detect any releases within the containment sump. Page | 9 APPENDICIES: A: Photographs B: FEMA Flood Map C: Sole Source Aquifer Map D: EJ SCREEN E: Example UST Walkthrough Inspection Checklist Page | 10 A: Photographs Photo 1 - Emergency Generator Room Page | 11 Photo 2A - Class C Operator Training Certificate for John Elsea. Page | 12 Photo #2B - Class A/B Operator Training certificate for Craig Mall Page | 13 Photo 3 - Veeder Root TLS 300-C Automatic Tank Guage (ATG) Page | 14 Photo 4 - Day tank (marked with "DIESEL FUEL" sign) Page | 15 Photo 5 - Exterior photograph of the sumps and access ports along Ward Street. Page | 16 Photo 6 - Exterior photograph of the disused fill port for a previous UST. Page | 17 Photo 7 - Interior photograph of the turbine sump. Page | 18 Photo 8 - Another angle of the interior of the turbine sump. Page | 19 Photo 9 - Liquid sensor located 3+ inches from the bottom of the turbine sump. Page | 20 Photo 10 - Annular space access port from above. Page | 21 Photo 11 - High Level Alarm (HLA) seen from the front. Page | 22 Photo 12 - Fuel port and spill bucket seen from above. Page | 23 Photo 13 - Fuel port interior with flapper valve as seen from above. Page | 24 Photo 14 - ATG, annular sensor, and electronic overfill test record for 2021 (Page 1). Page | 25 Photo 15 - ATG, annular sensor, and electronic overfill test record for 2021 (Page 2). Page | 26 Photo 16 - ATG, annular sensor, and electronic overfill test record for 2022 (Page 1). Page | 27 Photo 17 - ATG, annular sensor, and electronic overfill test record for 2022 (Page 2). Page | 28 Photo 18 - ATG, annular sensor, and electronic overfill test record for 2023 (Page 1). Page | 29 Photo 19 - ATG, annular sensor, and electronic overfill test record for 2023 (Page 2). Page | 30 Photo 20 - ATG, annular sensor, and electronic overfill test record for 2024 (Page 1). Page | 31 Photo 21 - ATG, annular sensor, and electronic overfill test record for 2024 (Page 2). Page | 32 Photo 22 - Containment sump and spill bucket hydrostatic test for July 2022 (Page 1). Page | 33 Photo 23 - Containment sump and spill bucket hydrostatic test for July 2022 (Page 2). Page | 34 Photo 24 - UST registration certificate from April 1st, 2024. Page | 35 Photo 25 - Logbook of daily walkthrough inspections from 11/27/2024 until 12/6/2024. Page | 36 Photo 26 - System status reports from January - May 2024, and a February 2024 leak test. Page | 37 Photo 27 - System status reports from June - November 2024. Page | 38 B: Federal Emergency Management Agency (FEMA) 100 Year Flood Zone and EPA's Region 2 Composite Flood Risk Layer The facility is not located within a FEMA 100-year flood zone area. The facility is not located within the EPA's Region 2 Composite Flood Risk layer. Page | 39 C: Sole Source Aquifer Map The facility is not located within a Sole Source Aquifer area. Page | 40