Document RjaNv3zdgg4ak5MVK4ndXnQbB

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 1200 Sixth Avenue, Suite 155 Seattle, WA 98101 ENFORCEMENT & COMPLIANCE ASSURANCE DIVISION Reply To: 20-C04 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mr. Kijun Hong Environmental Specialist Harvest Alaska, LLC 3800 Centerpoint Drive, Suite 1400 Anchorage, Alaska 99503 Re: Request for Information Harvest Alaska - Swanson River Field facility, Kenai, Alaska Harvest Alaska - Swanson River Oil Pipeline facility, Kenai, Alaska Harvest Alaska Midstream Pipeline Division - KPL Junction facility, Nikiski, Alaska Harvest Alaska Midstream Pipeline Division - East Forelands facility, Nikiski, Alaska Dear Mr. Hong: This Request for Information is made pursuant to the authorities set forth in Section 3007 of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6927, and Section 104(e) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. 9604(e). Pursuant to the cited RCRA authority, the Environmental Protection Agency (EPA) may require any person who generates, stores, treats, transports, disposes of or otherwise handles or has handled hazardous wastes to submit information to the EPA to determine compliance with RCRA. Pursuant to the cited CERCLA authority, EPA may require persons who have or may have information regarding the identification, nature and quantity of materials which have been or are generated, treated, stored or disposed of at a facility or transported to a facility to furnish relevant documents or information to the EPA. Pursuant to EPA's authority set forth in RCRA Section 3007(a) and CERCLA Section 104(e), Harvest Alaska is required to respond to the Information Request in Enclosure 3 and provide copies of all documentation requested. Responses to this Information Request must be submitted electronically, with the declaration signed by a duly authorized representative and submitted to the EPA within 30 calendar days of receipt of this letter. This Request for Information concerns the following Harvest Alaska, LLC ("Harvest Alaska" or "you") facilities: Harvest Alaska - Swanson River Field facility T07N R09W Seward Meridian, Kenai, Alaska EPA ID No. AKD 04867 1580 Harvest Alaska - Swanson River Oil Pipeline facility 48775 Kenai Spur Highway, Kenai, Alaska EPA ID No. AKD 03541 9795 Harvest Alaska Midstream Pipeline Division - KPL Junction facility 48780 Kenai Spur Highway, Nikiski, Alaska EPA ID No. AKR 00020 3125 Harvest Alaska Midstream Pipeline Division - East Forelands facility 53550 Rodney & Shelley's Avenue, Nikiski, Alaska EPA ID No. AKR 00020 4230 By this request, EPA seeks information on the management of hazardous waste at these facilities. EPA conducted RCRA compliance inspections of the Swanson River Oil Pipeline and East Forelands facilities on April 28, 2021 ("April 2021 inspections") and acknowledges that certain information was submitted to EPA at that time or following the inspection. However, please note you are required to submit all responsive information (including previously submitted materials) under a declaration certifying that it is true, accurate and complete (Enclosure 4). Further, EPA retains the right to obtain additional information beyond what is sought in this Information Request. All terms not defined in this Information Request shall have their ordinary meaning, unless such terms are defined in Section 1004 of RCRA, 42 U.S.C. 6903, Section 101 of CERCLA, 42 U.S.C. 9601, or Title 40 of the Code of Federal Regulations, in which case such statutory or regulatory definition shall apply. Please provide a separate narrative response to each numbered request and provide any and all documents relied upon or related to your response to each request. Precede each answer with the number of the Information Request item and where applicable, the letter of the subpart to which it corresponds. Please provide responses to the best of your ability, even if the information sought was never put down in writing or if the written documents are no longer available. If requested information or documents are not known or are not available to you at the time of your response to this Information Request, but later become known or available to you, you must supplement your response to EPA. Moreover, should you find at any time after submission of your response that any portion is or becomes false, incomplete or misrepresents the facts, you must provide EPA with a corrected response as soon as possible. Please send the requested information electronically, via email or via download link, to Kevin Schanilec at Schanilec.Kevin@epa.gov. The information requested must be submitted whether or not you regard all or part of it as a trade secret or confidential information. You may assert a claim of business confidentiality, covering all or part of the information submitted, as provided in 40 C.F.R. 2.203(b). All information claimed as confidential should be contained on separate sheets and should be clearly identified as "confidential," "trade secret" or "proprietary." Please note that you bear the burden of substantiating your confidentiality claim. Unless you make a claim at the time you submit the information in the manner described in 40 C.F.R. 2.203(b), it may be made available to the public by EPA without further notice to you. Information subject to a business confidentiality claim may be disclosed by EPA only to the extent and pursuant to the procedures set forth in 40 C.F.R. Part 2, Subpart B. See also 41 Fed. Reg. 36,902 (September 1, 1976). Additional information for small businesses may be found at this link: https://www.epa.gov/sites/production/files/2017-06/documents/smallbusinessinfo.pdf. 2 Section 3008 of RCRA, 42 U.S.C. 6928, and Section 104(e) of CERCLA, 42 U.S.C. 9604(e), authorize EPA to pursue penalties for failure to comply with or respond adequately to an information request under Section 3007(a) of RCRA and Section 104(e) of CERCLA and to compel compliance. In addition, providing false, fictitious or fraudulent statements or representations may subject you to criminal penalties under 18 U.S.C. 1001. The information you provide may be used by EPA in administrative, civil or criminal proceedings. This Information Request is not subject to the review and approval requirements of the Paperwork Reduction Act, 44 U.S.C. 3501, et. seq. Thank you for your prompt attention to this important matter. If you have any questions concerning this Information Request, you may consult with the EPA prior to the end of the 30-day timeframe specified above for providing the requested information. EPA strongly encourages such consultation for ease of process and to avoid delay. Please contact Kevin Schanilec, of my staff, at (206) 553-1061 or Schanilec.Kevin@epa.gov. Sincerely, MORGAN JENCIUS Digitally signed by MORGAN JENCIUS Date: 2023.01.19 14:16:29 -08'00' Morgan Jencius, Chief Air and Land Enforcement Branch Enclosures 3 Instructions INFORMATION REQUEST Harvest Alaska This Information Request relates to the following Harvest Alaska facilities: Harvest Alaska - Swanson River Field facility T07N R09W Seward Meridian, Kenai, Alaska EPA ID No. AKD 04867 1580 Harvest Alaska - Swanson River Oil Pipeline facility 48775 Kenai Spur Highway, Kenai, Alaska EPA ID No. AKD 03541 9795 Harvest Alaska Midstream Pipeline Division - KPL Junction facility 48780 Kenai Sour Highway, Nikiski, Alaska EPA ID No. AKR 00020 3125 Harvest Alaska Midstream Pipeline Division - East Forelands facility 53550 Rodney & Shelley's Avenue, Nikiski, Alaska EPA ID No. AKR 00020 4230 1. Identify the person(s) responding to the Information Request on behalf of Harvest Alaska. See Enclosure 2 for the definition of "identify." Provide the full name and title for each person identified, business telephone number for each individual identified, and the number of years that each identified individual has worked for or at the company. 2. A separate narrative response must be made to each item in the Information Request set forth herein. 3. Label each response with the number of the item in the Information Request to which it corresponds. 4. In responding to each item in the Information Request, identify all documents and persons consulted, examined, or referred to in the preparation of each response and provide true and accurate copies of all such documents. 5. For each document produced in response to this Information Request, indicate on the document, or in some other reasonable manner, the number of the Information Request item to which it responds. If you believe that documents or information responsive to one Information Request item is responsive, in whole or in part, to one or more other requested item(s), you need not provide the information or documents more than once. In such cases, you may identify the documents or information already provided by some unambiguous means, as long as the precise 1 Enclosure 1 manner in which the documents or information are responsive to the subsequent Information Request item is clearly specified. 6. Provide an index that lists all the responsive documents submitted, and that indicates where each document is referenced in the written response, and to which Information Request item each document is responsive. 7. If information not known or not available to you as of the date of submission of a response to this Information Request, should later become known or available to you, you must supplement your response to EPA. Moreover, should you find at any time after the submission of your response that any portion of the submitted information is false or misrepresents the truth, you must notify EPA thereof as soon as possible. 8. Where specific information has not been memorialized in a document, but is nonetheless responsive to an Information Request item, you must respond to the requested item with a written response. 9. If information responsive to this Information Request is not in your possession, custody, or control, then identify the person from whom such information may be obtained. 10. If you have reason to believe that there may be persons able to provide a more detailed or complete response to any Information Request item or who may be able to provide additional responsive documents, identify such persons and the additional information or documents that they may have. 11. Information that you submit in response to this Information Request may be disclosed by EPA to authorized representatives of the United States, pursuant to 40 C.F.R. 2.305(h) and 40 C.F.R. 2.310(h), even if you assert that all or part of it is confidential business information. EPA may provide this information to its contractors for the purpose of organizing and/or analyzing the information contained in the responses to this Information Request. 12. Personnel and medical files, and similar files, that may constitute or contain protected personal information should be segregated from your responses, included on separate sheet(s), and marked as "Personal Privacy Information." You should note, however, that unless prohibited by law, EPA may disclose this information to the general public without further notice to you. 13. While you may object to the production of information relevant to certain items in this Information Request, you must provide responsive information notwithstanding those objections. 14. If you claim that any document responsive to this Information Request is a communication for which you assert that a privilege exists for the entire document, identify (see Definitions) the document and provide the basis for asserting the privilege. For any document for which you assert that a privilege exists for a portion of it, provide the portion of the document for which you are not asserting a privilege, identify the portion of the document for which you are asserting the privilege, and provide the basis for such an assertion. Please note that regardless of the assertion of any privilege, any facts contained in the document that are responsive to the Information Request must be disclosed in your response. 2 Enclosure 1 15. You are requested to complete the enclosed declaration (See Enclosure 4). An authorized official of Harvest Alaska must sign the declaration in hard copy (wet signature) certifying the accuracy of all statements in your response. Harvest Alaska must scan or photograph the signed declaration and save it in portable document format (.pdf) and return the electronic copy with the response package. Unless EPA provides written authorization, an electronic signature on the declaration is not allowed. 3 Enclosure 1 Definitions INFORMATION REQUEST Harvest Alaska The following definitions shall apply to the following words as they appear in Enclosure 3. 1. The terms "AND" and "OR" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of this Information Request any information which might otherwise be construed to be outside their scope. 2. The term "DOCUMENT" and "DOCUMENTS" shall include writings of any kind, formal or informal, whether or not wholly or partially in handwriting (including by way of illustration and not by way of limitation), any e-mail, invoice, receipt, endorsement, check, bank draft, canceled check, deposit slip, withdrawal slip, order, correspondence, record book, minutes, memorandum of telephone and other conversations including meetings, agreements and the like, diary calendar, desk pad, scrapbook, notebook, bulletin, circular, form, pamphlet, statement, journal, postcard, letter, telegram, telex, report, notice, message, analysis, comparison, graph, chart, interoffice or intra-office communications, photostat or other copy of any documents, microfilm or other film record, photograph, sound recording on any type of device, punch card, disc or disc pack, tape or other type of memory generally associated with computers and data processing; including (a) every copy of each document which is not an exact duplicate of a document which is produced, (b) every copy which has any writing, figure, notation, annotation, or the like of it, (c) drafts, (d) attachments to or enclosures with any document, and (e) every document referred to in any other document. 3. The term "IDENTIFY" shall mean, with respect to a natural person, to set forth the person's name, present or last known business address and business telephone number, and present or last known job title, position, or business. 4. The term "IDENTIFY" shall mean, with respect to a corporation, partnership, business trust or other associate of business entity (including a sole proprietorship), to set forth its full name, address, legal form (e.g., corporation, partnership, etc.), organization, if any, and a brief description of its business. 5. The term "IDENTIFY" shall mean, with respect to a document, to provide its customary business description, date, number, if any (e.g., invoice or purchase order number), the identity of the author, addressor, addressee and/or recipient, and the substance or the subject matter. 6. The term "PERSON" includes, in the plural as well as the singular, any natural person, firm, unincorporated associate partnership, corporation, trust or other entity. 7. The term "YOU" or "RESPONDENT" shall mean the addressee of this Information Request, the addressee's officers, managers, employees, contractors, trustees, successors, assigns, and agents. Enclosure 2 INFORMATION REQUEST Harvest Alaska Information Request Provide a complete response to each Information Request item for the following Harvest Alaska facilities: Harvest Alaska - Swanson River Field facility T07N R09W Seward Meridian, Kenai, Alaska EPA ID No. AKD 04867 1580 Harvest Alaska - Swanson River Oil Pipeline facility 48775 Kenai Spur Highway, Kenai, Alaska EPA ID No. AKD 03541 9795 Harvest Alaska Midstream Pipeline Division - KPL Junction facility 48780 Kenai Sour Highway, Nikiski, Alaska EPA ID No. AKR 00020 3125 Harvest Alaska Midstream Pipeline Division - East Forelands facility 53550 Rodney & Shelley's Avenue, Nikiski, Alaska EPA ID No. AKR 00020 4230 Provide (copies of) all documents relied upon or generated since March 1, 2018 that are responsive to the following items: 1. Harvest Alaska - Swanson River Field facility (AKD 04867 1580): based on information obtained during the April 2021 inspections, this is a crude oil and natural gas production facility where pipeline "pigs" are inserted into pipelines every 5-10 days, and each pig is received at the Swanson River Oil Pipeline facility (AKD 03541 9795). a. State into which pipeline or pipelines (e.g., a certain natural gas or crude oil pipeline) the pigs referenced above are placed. b. For the crude oil and natural gas pipelines which convey materials from the Swanson River Field facility, state whether and where there is metering equipment that measures the amount of material conveyed, and a brief description of that equipment. c. State whether there is a point (e.g., placement in a pipeline, a metering point) after which no further production processes occur at the Swanson River Field facility. d. State whether there is a custody or ownership change at a certain point along the crude oil and/or natural gas pipelines, and to whom that custody or ownership transfers. 2. Harvest Alaska - Swanson River Oil Pipeline facility (AKD 03541 9795): based on information obtained during the April 2021 inspections, this is a facility where "pigs" exit the pipeline and are scraped to remove wax. Wax scrapings are placed back into the crude stream, and scraped pigs are transported across the street to the KPL Junction facility (AKR 00020 3125). 1 Enclosure 3 a. For the wax that is removed from the pigs, provide any analytical or other information that indicates whether or not the wax exhibits any RCRA hazardous characteristics pursuant to Subpart C of 40 C.F.R. Part 261, irrespective of whether or not Harvest Alaska considers the wax a solid waste under RCRA. Such information may include, but is not limited to, flashpoint testing, total organics analyses, TCLP analyses, and/or information possessed by Harvest Alaska as to its physical and chemical attributes. 3. Harvest Alaska Midstream Pipeline Division - KPL Junction facility (AKR 00020 3125): based on information obtained during the April 2021 inspections, this facility receives scraped pigs from the Swanson River Oil Pipeline facility. The scraped pigs are washed in hot water which is periodically changed out, and this process also generates waste absorbents that are contaminated with crude oil and pig wax or paraffin, which are collected in a trash can and transported to the East Forelands facility (AKR 00020 4230). a. For the hot water wash generated at the KPL Junction facility: i. Provide any analytical or other information that indicates whether or not the hot water wash, when removed from service, exhibits any RCRA hazardous characteristics pursuant to Subpart C of 40 C.F.R. Part 261, irrespective of whether or not Harvest Alaska considers the material a solid waste under RCRA. Such information may include, but is not limited to, flashpoint testing, total organics analyses, TCLP analyses, and/or information possessed by Harvest Alaska as to its physical and chemical attributes. ii. State approximately how often the hot water wash is removed from service or changed out (e.g., times per day, week or month), and the approximate volume (in gallons) generated in each removal from service or change out. iii. State and describe how the hot water wash is managed between the moment it is removed from the pig washing process through to its eventual disposition. This may include, but is not limited to, a description of any device (container, tank, impoundment, etc.) in which it is temporarily or permanently managed, how the hot water wash is transferred (e.g., draining, transferred with pump, etc.) as well as of any treatment or disposal of the material either onsite or by another facility. b. For the waste absorbents describes above which are generated at KPL Junction facility, provide any analytical or other information that indicates whether or not the absorbents exhibit any RCRA hazardous characteristics pursuant to Subpart C of 40 C.F.R. Part 261, irrespective of whether or not Harvest Alaska considers the material a solid waste under RCRA. Such information may include, but is not limited to, flashpoint testing, total organics analyses, TCLP analyses, and/or information possessed by Harvest Alaska as to its physical and chemicals attributes. 4. Harvest Alaska Midstream Pipeline Division - East Forelands facility (AKR 00020 4230): based on information obtained during the April 2021 inspections, the absorbent pads from pig washing at the KPL Junction facility are transported to and burned in the East Forelands "smart ash" burner. Oil filters, contaminated rags, absorbent pads, and pig parts (e.g., brushes) are also burned using the smart ash burner. a. For the contaminated rags burned in the facility's "smart ash" burner: i. State from which facility or facilities the rags are generated. 2 Enclosure 3 ii. State what contaminant(s) are absorbed or otherwise on the rags, and the process or processes (e.g., equipment cleaning) from which the contaminated rags are generated. iii. Provide any analytical or other information that indicates whether or not the rags, when removed from service, exhibits any RCRA hazardous characteristics pursuant to Subpart C of 40 C.F.R. Part 261, irrespective of whether or not Harvest Alaska considers the material a solid waste under RCRA. Such information may include, but is not limited to, flashpoint testing, total organics analyses, TCLP analyses, and/or information possessed by Harvest Alaska as to its physical and chemicals attributes. iv. State the approximate amounts (i.e., approximate weight or number of rags per day, week or month) that are burned in the "smart ash" burner. b. For the oil filters burned in the facility's "smart ash" burner: i. State from which facility or facilities the oil filters are generated. ii. State what contaminant(s) are absorbed or otherwise in the filters, and the process or processes (e.g., vehicle operation) from which the filters are generated. iii. Provide any analytical or other information that indicates whether or not the filters, when removed from service, exhibits any RCRA hazardous characteristics pursuant to Subpart C of 40 C.F.R. Part 261, irrespective of whether or not Harvest Alaska considers the material a solid waste under RCRA. Such information may include, but is not limited to, flashpoint testing, total organics analyses, TCLP analyses, and/or information possessed by Harvest Alaska as to its physical and chemical attributes. iv. State the approximate amounts (i.e., approximate weight or number of filters per day, week or month) that are burned in the "smart ash" burner. c. For the pig parts burned in the facility's "smart ash" burner: i. State from which facility or facilities the pig parts are generated. ii. State what contaminant(s) are absorbed or otherwise on the pig parts, and the process or processes (e.g., equipment cleaning) from which the pig parts are generated. iii. Provide any analytical or other information that indicates whether or not the pig parts, when removed from service, exhibits any RCRA hazardous characteristics pursuant to Subpart C of 40 C.F.R. Part 261, irrespective of whether or not Harvest Alaska considers the material a solid waste under RCRA. Such information may include, but is not limited to, flashpoint testing, total organics analyses, TCLP analyses, and/or information possessed by Harvest Alaska as to its physical and chemical attributes. iv. State the approximate amounts (i.e., approximate weight or number of pig parts per day, week or month) that are burned in the "smart ash" burner. 3 Enclosure 3 DECLARATION I declare under penalty of perjury pursuant to 28 U.S.C. 1746, that I have personally examined and am familiar with the enclosed information submitted in response to the EPA Information Request dated ______________________, and that based on my inquiry of those individuals responsible for obtaining the information, the submitted information is true, accurate, and complete. I make this declaration both on my own behalf, and on behalf of the Respondent, as its authorized representative. ________________________________________________________________ Printed name and official title Harvest Alaska, LLC ________________________________________ Signature ___________________ Date signed