Navy, EPA Negotiate on Kitsap Underground Storage Tanks Inspection

By Mass Communication Specialist 2nd Class (SW/AW) Scott A. McCall, Navy Public Affairs Support Element, Det. Northwest

SILVERDALE, Wash. (NNS) -- The U.S. Navy and the Environmental Protection Agency (EPA) negotiated a settlement resolving violations of the Washington State Underground Storage Tank (UST) regulations at Naval Base Kitsap (NBK)-Bangor, Jan. 11.

During an EPA inspection in March 2010, the EPA noted record keeping deficiencies by EJB Facilities Services over the 12 months prior to the inspection. EPA also identified concerns with equipment. The total negotiated fine was $161,000. EJB will pay more than $127,000 of the fine.

EJB Facilities Services is responsible for maintaining and operating the USTs on NBK-Bangor along with maintaining compliance with environmental regulations.

"The EPA and Navy were working for over a year to agree to the facts of the situation, and we have recently come to an agreement and what an appropriate settlement would be," said Greg Leicht, NBK environmental director. "We did so in concert with legal counsel, technical staff and EJB."

Washington State UST regulations require that records for underground fuel storage tanks be kept on file for 12 months. The records are required to show the tank systems are monitored every month for possible leakage. In Washington, the Department of Ecology issues regulations implementing the underground storage tank amendment to the Resource Conservation and Recovery Act of 1976.

Leicht described the settlement saying that the Navy was forceful in asserting the facts of the case during the negotiation process. "We spent a lot of effort to ensure EPA was using the correct facts. For example, we dug up two fueling stations to take pictures to prove to EPA they were constructed properly," said Leicht.

"The number one fact is that we did not have any leaks," said Leicht. "The other was, with few exemptions, the systems functioned as intended. The largest collective limitation was a lack of record keeping.

Leicht added that EJB was monitoring the USTs; it was that EJB did not properly document the monitoring by keeping adequate records.

"We were aware of the lack of record keeping prior to [inspection]. We, within the Navy, had taken action to identify the lack of record keeping to EJB management," said Leicht. "They took action and their record keeping improved prior to the inspection. But the (EPA) inspection window was 12 months, and they did not have 12 months of records for each tank."

According to a press release by the EPA, the Navy had the appropriate monitoring equipment in place at most of the sites, but failed to check the monitors on a monthly basis and document that the tanks and pipes were not leaking.

Brian Zimmerman, the Tank and Spill Prevention Control and Countermeasures Program Manager for NBK and Naval Magazine Indian Island said that was a key point that the EPA saw differently during the negotiations of the fine.

"The EPA takes a stance that if you don't document the monitoring, then it did not occur," said Zimmerman.

"The monitoring systems indicate leaks by setting off alarms. Anybody near the tanks would hear the alarms,"said Leicht.

"We conducted all the required maintenance on the monitoring systems, over and above what is required, and the tanks had people near them frequently," said Zimmerman. "If there ever was an alarming condition, assuming there was a leak, then we absolutely would have known about it and taken the appropriate action."

Zimmerman added that EJB has a fuel truck driver that checks the emergency generator fuel tanks weekly, and the fuel tanks have the levels checked weekly.

There were several other equipment deficiencies also identified by the EPA during the inspection that were included in the fine. These deficiencies were related to piping overfill alarms and release prevention equipment.

Zimmerman said the overfill alarm issue was not a risk to the environment in any way. In the pipeline issue, the pipe was in compliance with Coast Guard regulations, but a small section of the pipe that did not meet EPA regulations.

"There was another issue were the pipeline did not meet regulations because they are very specific about what equipment you must have, and we had alternate equipment that functions in a more conservative manner than they require," said Zimmerman. "It is not exactly what they require, but it functions in the same manner and they fined us for that as well, despite the fact that our set up offered enhanced environmental protection."

Naval Base Kitsap operates 53 regulated UST at 31 sites on NBK-Bangor. These tanks contain diesel fuel, gasoline and recycled oil. All are equipped with monitoring systems that provide audible and visual alarms if the tanks leak.

All the underground tank monitoring systems at NBK-Bangor are certified by an independent laboratory to provide protection to EPA standards, said Zimmerman. Technicians certified by the manufacturer annually inspect these monitoring systems.

According to Zimmerman, the Navy has completed more than $600,000 worth of projects on fueling systems since the EPA inspection.

The Navy has upgraded the monitoring systems for 15 tanks, installed new leak detection and overfill prevention equipment, upgraded pipeline monitoring for five tanks, installed five new fuel dispensers with remote leak monitoring, installed improved high level alarms, and installed five new mechanical pipeline leak detectors. The Navy has recently awarded an additional $375,000 worth of fuel system upgrade contracts. These projects address EPA concerns as well as installing voluntary upgrades.

"We're paying attention to this stuff and we're doing a good job of protecting the environment and the health of the Puget Sound and Hood Canal," said Zimmerman.