Document O3mdRnzV6DE49JYM6VX9vp1Je

Compliance Evaluation Inspection Report Martin Luther King Jr. Federal Courthouse 50 Walnut Street, Newark, NJ 07102 09/04/2024 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: 2024.09.26 15:54:10 -04'00' Adobe Acrobat version: 2024.003.20112 Enforcement Officer ECAD-CAPSB-CAS USEPA R2 X RONALD Digitally signed by RONALD LOCKWOOD LOCKWOOD Date: 2024.09.26 16:28:39 -04'00' Senior Enforcement Officer ECAD-CAPSB-CAS USEPA R2 Approved by: X KATHLEEN MALONEBOGUSKY Digitally signed by KATHLEEN MALONE-BOGUSKY Date: 2024.09.26 17:53:36 -04'00' 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: Martin Luther King Jr. Federal Courthouse Facility Address: 50 Walnut Street, Newark, NJ 07102 Latitude & Longitude: 40.72974350433418, -74.17313012192682 ICIS & other Program ID Codes, as appropriate FRS: 110022475409 ICIS: 3601641473 UST: PI# 494326 Sector Information Federal Facility: Yes SIC: 6512 (Operators of Non-Residential Buildings) NAICS: 531312 (Nonresidential Property Managers) 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: 9/4/202440.72974350433418, -74.17313012192682 Inspector(s): Kevin Dyer, Ron Lockwood Facility Representative(s): Name Title Kevin Ellias Lead Engineer David Anastasio GSA Building Manager Tom Beere Chief Operating Engineer for AFBS contractor Lou Yezzi Class-C Operator Phone 973-558-1734 973-353-0563 Email David.anastasio@gsa.com tbere@abfacilityservice.com Corrections/Updates for EPA Databases: N/A Page | 3 Table of Contents 1. INTRODUCTION ..................................................................................................................................... 5 2. FACILITY TOUR ...................................................................................................................................... 5 3. RECORD REVIEW ................................................................................................................................... 6 4. REGULATORY CONCERNS/PRELIMINARY FINDINGS ............................................................................. 7 5. SCREENING CONCERNS ......................................................................................................................... 8 6. ENVIRONMENTAL ASSISTANCE ............................................................................................................. 8 7. REQUESTED INFORMATION .................................................................................................................. 8 APPENDICIES: ................................................................................................................................................ 9 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 February 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. Ron Lockwood and I arrived at the facility at 9:49 AM where we were escorted through security and had our belongings x-rayed and examined. After going through security, we were met by Kevin Ellias (Lead Engineer), Angelo Cracchiolo, and Lou Yezzi (Class-C operator). We presented our EPA credentials and explained we were there to conduct an inspection of the facility's underground storage tank (UST). From there we were directed outside to where the facility's UST was located. 2. FACILITY TOUR UST and High-Level Overfill Alarm We were first escorted outside of the building to the grass lawn on the Eastern side of the courthouse facing Mulberry Street where we met with Tom Beere, the Chief Operating Engineer and Class C-operator. The UST is a 3,000-gallon No.3 diesel tank built in April 2009 (Photo #1). It is a double-walled, cathodically protected (STI-P3) steel tank with interstitial monitoring for release detection. The piping was safe-European suction and double-walled. The containment sump was opened (Photo #2) and contained product pipes as well as a sump sensor (Photo #3). Though not visually confirmed, leaks in double-walled piping should return to the containment sump where it would be detected by the sump's liquid sensor (Photo #4). No liquid or debris was observed within the containment sump. The fill port was then opened (Photo #5), revealing that the tank had a fuel delivery prohibition placed on it by the New Jersey Department of Environmental Protection (NJDEP). This fuel delivery tag (Photo #6) stated that "due to a suspected release from this UST system and/or the UST(s) not being properly registered. Any individual, company, supplier, tank owner/operator or agent of same, are prohibited from introducing product into this UST system." When asked about this, Mr. Beere stated that the tag was placed on the tank due to the "day tank not being connected to the ATG (automatic tank gauge)." Subsequent correspondence with representatives from the NJDEP on 9/9/2024 confirmed that the delivery prohibition was put in place because "They have one emergency generator day tank that doesn't have an interstitial sensor installed. They also do not have an UST registration with [the NJ DEP] so the tanks were Page | 5 tagged." We asked the facility to temporarily remove the tag so we could observe the inside of the fuel pipe. From this we observed that there was no flapper valve or ball float valve present in the system (Photo #7). There was no liquid or debris observed to be present within the spill bucket. The delivery tag was placed back on top of the fill port before we left. Located closest to the street was an access port for the ATG and high-level alarm (HLA) sensors. This access port contained no spill containment as no product or fill pipes existed within it (Photo #8). A secondary access port, located between the containment sump and the fill port, contained another pipe access for the tank but was not designed for filling (Photo #9). The pipe only went part way down into the tank and its purpose was unclear (Photo #10). The HLA was located on the wall of the facility directly adjacent to the UST (Photo #11). It was tested and was clearly audible from the filling location. Pump and ATG Room We were then led to the pump and ATG room, located on the bottom floor of the facility on the side of the building facing Mulberry Street. The ATG was a Veeder-Root TLS-350 with an "All Functions Normal" message displaying on the screen (Photo #12). Print outs from the ATG showed that the interstitial and sump sensors were functioning normally and that the last leak test on September 4th, 2024, was invalid because "LEAK TEST TOO SHORT." Located to the right of the ATG was the pump (Photo #13). Product pipes to the pump came from the exterior wall (Photo #14). From the pump on, the product pipes go upwards towards the roof of the facility (Photo #15) where the emergency generator is. These pipes seem to have some form of double-wall with an open valve on the bottom (Photo #16). Rooftop Emergency Generator & Day Tank Room Finally, we were led to the roof of the facility, where the emergency generator was located within a concrete room (Photo #17). The day tank, located across from the generator, had secondary containment but no electronic liquid sensor to detect leaks (Photo #18). We then exited the facility around 12:00 pm. 3. RECORD REVIEW Since the NJDEP inspection and subsequent fuel delivery prohibition, the facility had renewed its NJDEP UST Registration Certificate on 8/28/2024 (Photo #19). The facility confirmed it had three active UST operators: Peter Woodward [Class A/B], Thomas Beere [Class C], and Lou Yezzi [Class C]. Training certificates were available for Mr. Woodward (Photo #20) and Mr. Beere (Photo #21) at the time of the inspection, and Mr. Yezzi's training certificate was emailed after the inspection on September 4th (Photo #22). Despite the tank being registered as having an automatic line leak detector (ALLD), no such annual records were provided on site during the inspection. The facility stated their piping was safe suction, meaning no ALLD was required, but provided no verifying documentation. Page | 6 The containment sump and spill bucket were integrity tested on July 22, 2022, and both passed testing (Photo #23). The high-level alarm (HLA), Veeder-Root TLS-350 ATG, and annular tank sensor were all tested on August 3rd, 2022, and August 1st, 2024, and passed all testing (Photos #24A and 24B). No corrosion protection inspection records were provided despite the system being registered as a cathodically protected STI-P3 steel tank. Walkthrough inspection records were provided for the months of May through December, with an annual inspection being conducted in May (Photo #25). However, this record lacked any indication of the year it was conducted. Additionally, if this record was for the year 2023, the months of January, February, March, April, May, June, and August 2024 would still be missing. 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 (a)(1)(i), beginning October 13, 2018, owners or operators must conduct walkthrough inspections every 30 days to check spill prevention and release detection (Exception: Spill prevention equipment at UST systems receiving deliveries at intervals greater than every 30 days may be checked prior to each delivery) OBSERVATION Missing monthly walkthrough inspection records from months of January 2024 through August 2024. Monthly walkthrough records provided had no year listed. According to 280.36 (b), owners and operators must maintain records of the 30day 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 Missing annual walkthrough record for 2024. Page | 7 According to 40 CFR 280.31(b)(1), all cathodic protection systems must be inspected within 6 months of installation and at least every three years thereafter by a qualified cathodic protection tester (unless another time frame chosen by the implementing agency.) Missing corrosion protection inspection records. According to 40 CFR 280.31(d)(2), the results from the last two inspections of all cathodic protection systems by a cathodic protection tester must be maintained. 5. SCREENING CONCERNS No potential concerns under other environmental, health and safety programs were identified based on a screening for environmental, safety, and health aspects via the U.S. EPA Region 2 Inspector's Multi-Media Checklist. 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 7. REQUESTED INFORMATION Below are the documents and other relevant information that EPA is requesting to complete this compliance evaluation. Once received, the information will be reviewed. Last 12 months of interstitial monitoring records for the tank. 2023 release detection equipment testing record. Documentation in support of the claim that the piping is European (or Safe) Suction. In the pump room the product pipes go upwards towards the roof of the facility (Photo #15) and lead to the emergency generator. These pipes seem to have some form of double-wall with an open valve on the bottom (Photo #16). Please provide a brief Page | 8 explanation on the function of this containment structure and why a valve is open on the bottom of said structure. APPENDICIES: A: Photographs B: FEMA Flood Map C: Sole Source Aquifer Map D: EJ SCREEN Page | 9 A: Photographs Photo 1 - Sumps for UST facing Mulberry Street Page | 10 Photo 2 - Opened containment sump Page | 11 Photo 3 - Containment sump liquid sensor Page | 12 Photo 4 - Product pipe double wall Page | 13 Photo 5 - Fill port and spill bucket Page | 14 Photo 6 - NJDEP fuel delivery prohibition tag Page | 15 Photo 7 - Fuel delivery pipe interior Page | 16 Photo 8 - Access port for ATG and HLA sensors Page | 17 Photo 9 - Access port for pipe Page | 18 Photo 10 - Access port pipe interior Page | 19 Photo 11 - High-level alarm Page | 20 Photo 12 - Automatic tank gauge Page | 21 Photo 13 - Pump Page | 22 Photo 14 - Interior product pipes to pump Page | 23 Photo 15 - Interior product pipes from the pump to the emergency generator on roof Page | 24 Photo 16 - Interior pipes to roof open double wall valve Page | 25 Photo 17 - Emergency generator Page | 26 Photo 18 - Day tank with secondary containment Page | 27 Photo 19 - NJDEP UST Registration Certificate Page | 28 Photo 20 - Peter Woodward Class A/B Training Cert Page | 29 Photo 21 - Thomas Beere Class C Training Cert Page | 30 Photo 22 - Lou Yezzi Class C Training Cert Page | 31 Photo 23 - Containment sump and spill bucket integrity test (July 2022) Page | 32 Photo 24A - ATG, HLA, and annular space sensor test (Aug 2022) Page | 33 Page | 34 Photo 24B - ATG, HLA, and annular space sensor test (Aug 2024) Photo 25 - Monthly walkthrough testing (No year) Page | 35 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 | 36 C: Sole Source Aquifer Map The facility is not located within a Sole Source Aquifer area. Page | 37 9/26/24, 1:45 PM EJScreen Community Report EJScreen Community Report This report provides environmental and socioeconomic information for user-defined areas, and combines that data into environmental justice and supplemental indexes. MLK Courthouse Dynamic map initially showing the user-selected area LANGUAGES SPOKEN AT HOME 1 mile Ring Centered at 40.729763,-74.173164 Population: 60,030 Area in square miles: 3.14 COMMUNITY INFORMATION LANGUAGE English Spanish French, Haitian, or Cajun Other Indo-European Other and Unspecified Total Non-English PERCENT 33% 36% 2% 24% 3% 67% Low income: 48 percent Unemployment: 8 percent 77 years Average life expectancy BREAKDOWN BY RACE People of color: 80 percent Less than high school education: 25 percent Limited English households: 27 percent Persons with disabilities: 16 percent $26,721 Per capita income Male: 51 percent Number of households: 24,547 Female: 49 percent Owner occupied: 14 percent White: 20% Black: 27% American Indian: 0% Asian: 3% Hawaiian/Pacific Islander: 0% Other race: 6% Two or more races: 5% Hispanic: 39% Report for 1 mile Ring Centered at 40.729763,-74.173164 Report produced September 26, 2024 using EJScreen Version 2.3 BREAKDOWN BY AGE From Ages 1 to 4 5% From Ages 1 to 18 20% From Ages 18 and up 80% From Ages 65 and up 11% LIMITED ENGLISH SPEAKING BREAKDOWN Speak Spanish 54% Speak Other Indo-European Languages 44% Speak Asian-Pacific Island Languages 1% Speak Other Languages 1% Notes: Numbers may not sum to totals due to rounding. Hispanic population can be of any race. Source: U.S. Census Bureau, American Community Survey (ACS) 2018-2022. Life expectancy data comes from the Centers for Disease Control. https://ejscreen.epa.gov/mapper/ejscreen_SOE.aspx 1/4 9/26/24, 1:45 PM EJScreen Community Report PERCENTILE Environmental Justice & Supplemental Indexes The environmental justice and supplemental indexes are a combination of environmental and socioeconomic information. There are thirteen EJ indexes and supplemental indexes in EJScreen reflecting the 13 environmental indicators. The indexes for a selected area are compared to those for all other locations in the state or nation. For more information and calculation details on the EJ and supplemental indexes, please visit the EJScreen website. EJ INDEXES The EJ indexes help users screen for potential EJ concerns. To do this, the EJ index combines data on low income and people of color populations with a single environmental indicator. EJ INDEXES FOR THE SELECTED LOCATION 100 93 90 80 79 88 85 70 60 50 40 30 20 10 0 Particulate Matter 2.5 Ozone 93 94 94 95 93 89 92 92 94 96 93 89 94 95 95 92 84 86 80 73 66 54 Nitrogen Dioxide (NO) Diesel Particulate Matter Toxic Releases To Air Traffic Proximity Lead Paint Superfund Proximity RMP Facility Proximity Hazardous Underground Wastewater Drinking Waste Storage Discharge Water Proximity Tanks Non-Compliance State Percentile National Percentile SUPPLEMENTAL INDEXES The supplemental indexes offer a different perspective on community-level vulnerability. They combine data on percent low income, percent persons with disabilities, percent less than high school education, percent limited English speaking, and percent low life expectancy with a single environmental indicator. SUPPLEMENTAL INDEXES FOR THE SELECTED LOCATION 100 97 90 80 80 70 60 50 92 88 96 97 97 97 96 90 96 95 77 67 97 98 96 92 97 97 96 97 89 88 73 54 40 30 20 10 0 Particulate Matter 2.5 Ozone Nitrogen Dioxide (NO) Diesel Particulate Matter Toxic Releases To Air Traffic Proximity Lead Paint Report for 1 mile Ring Centered at 40.729763,-74.173164 Report produced September 26, 2024 using EJScreen Version 2.3 Superfund Proximity RMP Facility Proximity Hazardous Underground Wastewater Drinking Waste Storage Discharge Water Proximity Tanks Non-Compliance State Percentile National Percentile PERCENTILE https://ejscreen.epa.gov/mapper/ejscreen_SOE.aspx 2/4 9/26/24, 1:45 PM EJScreen Community Report EJScreen Environmental and Socioeconomic Indicators Data SELECTED VARIABLES VALUE STATE AVERAGE PERCENTILE IN STATE USA AVERAGE PERCENTILE IN USA ENVIRONMENTAL BURDEN INDICATORS Particulate Matter 2.5 (g/m3) Ozone (ppb) Nitrogen Dioxide (NO2) (ppbv) 8.18 7.64 86 8.45 50 62.4 61.4 67 61.8 60 15 9 91 7.8 96 Diesel Particulate Matter (g/m3) Toxic Releases to Air (toxicity-weighted concentration) Traffic Proximity (daily traffic count/distance to road) Lead Paint (% Pre-1960 Housing) Superfund Proximity (site count/km distance) RMP Facility Proximity (facility count/km distance) Hazardous Waste Proximity (facility count/km distance) 0.486 0.282 90 0.191 95 1,500 1,100 86 4,600 67 3,600,000 1,600,000 89 1,700,000 86 0.25 0.43 31 0.3 53 3.7 1.6 90 0.39 98 0.86 0.38 87 0.57 77 16 5.9 93 3.5 95 Underground Storage Tanks (count/km2) 64 15 97 3.6 99 Wastewater Discharge (toxicity-weighted concentration/m distance) 320 3400 64 700000 65 Drinking Water Non-Compliance (points) 0.00014 2.7 54 2.2 73 SOCIOECONOMIC INDICATORS Demographic Index USA Supplemental Demographic Index USA Demographic Index State Supplemental Demographic Index State People of Color Low Income Unemployment Rate Limited English Speaking Households Less Than High School Education Under Age 5 Over Age 64 2.38 N/A N/A 1.34 86 2.55 N/A N/A 1.64 90 2.52 1.29 88 N/A N/A 2.57 1.32 93 N/A N/A 80% 46% 80 40% 83 48% 21% 88 30% 79 8% 6% 71 6% 76 27% 7% 93 5% 95 25% 9% 90 11% 87 5% 5% 50 5% 49 11% 17% 29 18% 28 *Diesel particulate matter index is from the EPA's Air Toxics Data Update, which is the Agency's ongoing, comprehensive evaluation of air toxics in the United States. This effort aims to prioritize air toxics, emission sources, and locations of interest for further study. It is important to remember that the air toxics data presented here provide broad estimates of health risks over geographic areas of the country, not definitive risks to specific individuals or locations. More information on the Air Toxics Data Update can be found at: https://www.epa.gov/haps/air-toxics-data-update. Sites reporting to EPA within defined area: Superfund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Hazardous Waste, Treatment, Storage, and Disposal Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Water Dischargers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Air Pollution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Brownfields . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Toxic Release Inventory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Other community features within defined area: Schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Hospitals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Places of Worship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Other environmental data: Air Non-attainment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes Impaired Waters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes Selected location contains American Indian Reservation Lands* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No Selected location contains a "Justice40 (CEJST)" disadvantaged community . . . . . . . . . . . . . . . . . . . Yes Selected location contains an EPA IRA disadvantaged community . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes Report for 1 mile Ring Centered at 40.729763,-74.173164 Report produced September 26, 2024 using EJScreen Version 2.3 https://ejscreen.epa.gov/mapper/ejscreen_SOE.aspx 3/4 9/26/24, 1:45 PM EJScreen Community Report EJScreen Environmental and Socioeconomic Indicators Data INDICATOR Low Life Expectancy Heart Disease Asthma Cancer Persons with Disabilities HEALTH INDICATORS VALUE STATE AVERAGE STATE PERCENTILE 19% 18% 63 5.5 5.2 70 11.1 9.5 89 4.5 6.5 13 15.9% 10.8% 86 US AVERAGE 20% 5.8 10.3 6.4 13.7% INDICATOR Flood Risk Wildfire Risk CLIMATE INDICATORS VALUE STATE AVERAGE STATE PERCENTILE 28% 11% 90 0% 6% 0 US AVERAGE 12% 14% INDICATOR Broadband Internet Lack of Health Insurance Housing Burden Transportation Access Burden Food Desert CRITICAL SERVICE GAPS VALUE STATE AVERAGE STATE PERCENTILE 24% 9% 90 29% 7% 98 Yes N/A N/A Yes N/A N/A No N/A N/A US AVERAGE 13% 9% N/A N/A N/A Report for 1 mile Ring Centered at 40.729763,-74.173164 Report produced September 26, 2024 using EJScreen Version 2.3 US PERCENTILE 46 48 76 15 69 US PERCENTILE 90 0 US PERCENTILE 85 97 N/A N/A N/A www.epa.gov/ejscreen https://ejscreen.epa.gov/mapper/ejscreen_SOE.aspx 4/4