Alon Asphalt - Prevention Plan - Formal public comment period

Comment 1:

Appendix C of Alon Asphalt Company's Spill Prevention, Control, and Countermeasures Plan (Alon's SPCC Plan) is a table entitled, "Schedule of Tanks" (see the copy uploaded with my comments). Alon Asphalt Company ("Alon") updated the Sched...↓ule of Tanks on 08-10-2023. Please require Alon to add a column to the Schedule of Tanks to report the current volume of product held in each tank.

Comment 2:

The Prevention Plan ADDENDUM to Alon's SPCC Plan is the document posted on the Department of Ecology's website that the public is invited to comment on. Alon's Prevention Plan ADDENDUM is dated 10-18-2023, and has 107 pages (in PDF format). Alon's Prevention Plan ADDENDUM fails to include the updated Schedule of Tanks found in Appendix C of Alon's SPCC Plan. Please insert Appendix C, as updated 08-10-2023 and to be revised per Comment 1 above, into Alon's Prevention Plan ADDENDUM.

Comment 3:

Background:

Appendix 6 of Alon's Prevention Plan Addendum is entitled, "Tank 61 & T 62 Secondary Storage Tank Containment Plan." Its opening sentence states that, "The Terminal Flood Map measurement study indicates that earthen containment berms east of tanks 61 & 62 would not hold the entire tank shell contents of the largest tank in the area (Tank 62) if a catastrophic tank failure occurs."

In an August 4, 2023, letter from the Department of Ecology's Brian Kirk, Prevention Section Manager in the Spill Prevention, Preparedness, and Response Program, to Mark Thomas, Alon's Environmental Manager, it states that, "The secondary containment system for tanks 61 and 62 cannot hold the entire capacity of either tank. Within 30 days of the date of this letter, provide a written plan to address this. Options could include changing the capacity of each secondary containment system to hold the entire capacity of those two tanks, physically changing the shell capacity of tanks 61 and 62, or decommissioning tanks 61 and 62 per WAC 173-180-910(1)(b). Update your Prevention Plan to incorporate the changes you will make (WAC 173-180-320(4))."

By letter dated Sept. 22, 2023, Alon responded as follows (a copy of the letter is included in Appendix 6 of Alon's Prevention Plan Addendum, at PDF pages 106-107):

"[R]elating to the secondary containment system for tanks 61 and 62, Alon has made a preliminary determination that it will modify the existing berms to hold the entire capacity of tanks 61 and 62, one of the options provided in your August 4 letter. However, it wil not be possible to complete the berm modification by October 4. We plan to engage a third-party engineering firm to provide the design for the berm modifications, material, specifications, and other important details to ensure the solution is robust and compliant. This process is currently underway, and we believe it is likely we can retain an engineering firm and have an initial design iteration for the berm modification created by the end of the year.

"Following the completion of the engineering work, we wil select a contractor with ample experience to successfully complete the berm modification work based on the approved final design. Although we believe it is likely we can have a berm modification design completed and retain a contractor by March, given the rapidly approaching rainy season, we do not believe it is likely that we would be able to complete construction to modify the berm before 6/30/2024.

"Our proposed project milestones and schedule are:

* Complete bid process and retain an engineering contractor by 11/03/2023.
* Create and review initial berm modification design iterations. If the design is not accepted, continue with the development of a second and/or third option until approval is achieved. 11/03/2023 - 1/31/2023.
* Finalize the berm modification design and issue RFP for construction based on best option from the engineering study by 2/1/2024.
* Complete bid process and retain construction contractor by 3/31/[2024].
* Start berm modification construction as soon as feasible as rainy season permits.
* Complete berm modification construction by 6/30/2024.

"Including a small contingency for schedule delay to accomplish these tasks and complete
the berm modification, we request that Ecology extend the Conditional Approval until
7/30/2024.

"We note that our decision to modify the berms is preliminary, and we may revise our plan to pivot to one of the other options provided in your August 4 letter, depending on responses from contractors regarding availability of materials and price."

Objection:

Currently, the noncompliant berm around tanks 61 & 62 is capable of containing only 2,742 barrels of oil (see the table in Appendix 6 of Alon's Prevention Plan Addendum, entitled, "Earthen Berm Release Volume Calculation," at PDF page 103). According to the Schedule of Tanks in Appendix C of Alon's SPCC Plan, the tank volume of tank 61 is 126,464 barrels, and the tank volume of tank 62 is 129,100 barrels (a total of 255,564 barrels for the two tanks). Alon proposes to modify the existing berms to hold the entire capacity of tanks 61 and 62 (see Alon's Sept. 22, 2023, letter).

Alon's proposed berm modification would increase the capacity of the berms around tanks 61 & 62 from 2,742 barrels to 255,564 barrels. The proposed berm modification is a big project that presumably will require local governmental approval. Depending on the berm modification design, Snohomish County might require permits such as a Land Disturbing Activity Permit; a Shoreline Management Substantial Development Permit; a Building Permit; etc.

Please require Alon to modify its berm modification proposal to specify and discuss all permits that will be required, and to present a realistic timetable for securing those permits. Securing local governmental approval (permits) is a critical path element. The Department of Ecology should not accept, approve, or even or conditionally approve, Alon's berm modification proposal until Alon revises its proposal to specify and discuss all permits that will be required, and to present a realistic timetable for securing those permits.

Note regarding nonconforming use:

Alon's proposed berm modification is not required. It is merely one of several options available to bring its facility into compliance with the WAC's secondary containment rules. Another option, as specified in Brian Kirk's August 4, 2023, letter, is to decommission tanks 61 & 62.

Alon proposes to modify the berms providing secondary containment around tanks 61 & 62, instead of decommissioning the tanks, presumably so that it could then fill tanks 61 & 62 to their maximums (126,464 barrels for tank 61, and 129,100 barrels for tank 62), and re-start its commercial oil operations that have been discontinued since June 2020.

I maintain that Snohomish County Code 30.67.450(5) prohibits Alon from re-starting its commercial oil operations (a nonconforming use). Under SCC 30.67.450(5), if a nonconforming use is discontinued for 12 months, then the owner's or operator's nonconforming use rights expire, and the nonconforming use cannot be re-started, regardless whether the owner or operator intended to abandon the nonconforming use.

I mention the nonconforming use issue because it may impact whether Alon can secure all required permits to accomplish its proposed berm modification. If it becomes apparent that Alon is unable to secure all required permits, then the Department of Ecology must reject Alon's proposed berm modification. Alon could then decommission the tanks to bring the facility into compliance with the WAC's secondary containment rules.↓