Spill Prevention Control Countermeasure Regulation 40 CFR 112

1. Spill Prevention Control Countermeasure Regulation 40 CFR 112 Presented by Martin Bonnell, PE January 25, 2013

2. PRESENTATION OVERVIEW • Introductions • Who needs a SPCC Plan & what is covered? • State and Federal Regulations • How is a SPCC Plan used and maintained? • What to do in the event of a product spill • Questions & Discussion

3. Who Needs a SPCC Plan • Owners or operators of petroleum facilities that have discharged or, due to their location, could reasonably be expected to discharge oil in harmful quantities into or upon the navigable waters of the United States or adjoining shorelines to prepare, in writing, an SPCC Plan.

4. SPCC REQUIREMENTS • If the facility total aboveground storage in tanks or containers is > 1,320 gallons and/or > 42K gal underground storage (not 280/281 exempt) • It’s a non-transportation related facility (see 40 CFR Part 112 Appendices A & B) • And there is a reasonable chance of a discharge to waters of the U.S. or adjoining shorelines

5. DEFINITIONS • Oil • Includes oil of any kind or in any form including, but not limited to: • Petroleum and fuel oils (gasoline, diesel, lube oils, aviation gasoline, naphtha, mineral spirits, etc.) • Sludge • Synthetic oils • Created by chemical synthesis

6. DEFINITIONS • Oil (cont’d) • Oil refuse • Oil mixed with wastes other than dredged spoil • Animal fats, oils & greases • Vegetable oils • Mineral oils

7. DENATURED ETHANOL • Denatured ethanol tanks are considered oil storage containers if the denaturant is an oil such as refined gasoline or natural gasoline • Shell capacity of tank used as storage capacity • These facilities may be subject to the SPCC & FRP requirements

8. NON-TRANSPORTATION-RELATED FACILITIES • Industrial, commercial, agricultural, or public facilities which use, store, drill for, produce, gather, process, refine or consumer oil or oil products • Waste treatment facilities or part thereof • Pipeline systems, highway vehicles & railroad cars used to transport oil exclusively within a facility

9. EPA Regulates: • Railroad cars after the transportation process ends and when they are operated as non-transportation-related storage at an SPCC regulated facility DOT Regulates: • Railroad cars from the time the oil is offered for transportation to a carrier until the time it reaches its destination and is accepted by the consignee

10. “REASONAL EXPECTATION” OF DISCHARGE • The determination must be based solely upon consideration of the geographical & locational aspects of the facility • Exclude manmade features such as dikes, equipment or other features which would restrain, hinder, contain or otherwise prevent a discharge as described in §112.1(b)

11. “REASONAL EXPECTATION” (CONT.) • Factors to consider: • Whether a past discharge of oil reached a navigable water or adjoining shoreline; • Whether the facility is adjacent to navigable waters or adjoining shoreline; • On-site conduits, such as sewer lines, storm sewers, certain underground features (e.g., power or cable lines, or groundwater);

12. “REASONAL EXPECTATION” (CONT.) • Factors to consider: • Unique geological or geographic features; • Whether the facility is near a watercourse & intervening natural drainage; • Whether precipitation runoff could transport oil into navigable waters; • The quantity & nature of oil stored

13. STORAGE CAPACITY THRESHOLDS • IF it meets the other applicable criteria set forth in §112.1, the SPCC rule applies to a facility with: • > 1,320 gallons of aggregate aboveground oil storage capacity, or • > 42,000 gallons of completely buried oil storage capacity

14. Included in storage capacity STORAGE CAPACITY Excluded from storage capacity • Capacity of containers (e.g., bulk storage containers, oil-filled equipment, mobile/portable containers, etc.) with a capacity of 55 gallons or greater • Capacity of completely buried tanks & associated underground piping, ancillary equipment & containment systems that are subject to all technical requirements of 40 CFR part 280 or 281 • Capacity of tanks used exclusively for wastewater treatment • Capacity of containers that are permanently closed • Motive power containers

15. DEFINITION OF STORAGE CAPACITY • “Storage capacity” is defined in §112.2 as the shell capacity of a container • Generally, the shell capacity is the rated design capacity rather than the working/operational capacity

16. DEFINITION OF “PERMANENTLY CLOSED” • For a tank to be “permanently closed”, the facility must do the following: • Remove all liquid & sludge from each container & connecting line • Disconnect & blank off all connecting lines & piping • Close & lock all valves (except ventilation valves) • Pose a conspicuous sign on each container stating it is permanently closed with the date of closing • Tanks can remain on site, but they are not included in the total storage capacity

17. SPCC Plan Basics

18. SECONDARY CONTAINMENT REQUIREMENTS • Tank secondary containment requires 110 percent of the volume of the largest tank contained within the dike with the displacement volumes of the tanks accounted for. • Secondary containment needs to allows for additional freeboard for containment of precipitation in the containment dikes.

19. Secondary Containment

20. Secondary Containment

21. Drum Containment

22. RACK SPILL PAD CONTAINMENT • If transport truck makes hard connect to tank – the tank has a “Rack” and must have spill pad containment. • Spill Pad containment must be large enough to contain the largest compartment of the truck unloading at the petroleum facility.

23. Spill Pad Containment

24. §112.3 PREPARE &IMPLEMENT A PLAN • The facility owner/operator must prepare a SPCC Plan: • In writing • In accordance with §112.7 & any other applicable sections of 40 CFR part 112

25. §112.3(c) MOBILE FACILITIES • Onshore & offshore mobile facilities must prepare, implement & maintain a Plan as required by the rule • Amend & implement a Plan, if necessary to ensure compliance with the rule, on or before 11/20/09 • Can be a general Plan; a new Plan is not required each time a facilities moves to a new site

26. §112.3(d) PE CERTIFICATION • A licensed PE must review & certify a Plan & technical amendments • The certification does not relieve the owner/operator of his duty to prepare & fully implement a Plan

27. PE “ATTESTATION” • With certification, the PE attests that: • PE is familiar with the rule requirements • PE or his agent visited & examined the facility • The Plan has been prepared in accordance with good engineering practice, including the consideration of applicable industry standards, & with the requirements of 40 CFR part 112 • PE allow flexibility in meeting many rules provisions by providing equivalent environmental protection or developing contingency plans. • Procedures for required inspections & testing have been established • The Plan is adequate for the facility

28. §112.3(e)(1) PLAN REQUIREMENTS • Maintain a complete copy of the Plan: • At the facility if it is attended at least 4 hours per day • At the nearest field office if the facility is attended for less than 4 hours per day • Have the Plan available to the RA for onsite review during normal working hours

29. PLAN REVIEW & EVALUATION • Complete once every 5 years from the date facility becomes subject to the rule • If a facility was in operation on or before 8/16/2002, 5 years from the date of your last review required by the rule • Amend Plan within 6 months to include more effective prevention & control technology • Implement ASAP, but no later than 6 months of amendment

30. DOCUMENTING PLAN REVIEW • Must document Plan review & evaluation • Sign statement at beginning or end of Plan or in a log or an appendix • “I have completed review & evaluation of the SPCC Plan for (name of facility) on (date), and will (will not) amend the Plan as a result.” • PE must certify any technical amendment to Plan • Qualified Facilities exception

31. Smaller Oil Storage Facilities

32. §112.6 QUALIFIED FACILITY PLAN REQUIREMENTS • Smaller oil storage facility that is eligible for streamlined regulatory requirements • Self-certified SPCC Plan instead of one reviewed & certified by a Professional Engineer • Streamlined integrity testing & facility security requirements • Must meet eligibility criteria to use alternative option • EPA’s recent amendment would divide this group of facilities into tiers • Requirements described here would apply to “Tier I” facilities

33. §112.6 QUALIFIED FACILITY PLAN REQUIREMENTS (CONT.) • EPA’s recent amendment would divide this group of facilities into tiers • Requirements described here would apply to “Tier II” facilities • Additional relief would be provided to “Tier I”

34. SELF-CERTIFICATION OPTIONFOR QUALIFIED FACILITIES • Allow facility owners that store <=10K oil & meet other “qualifying” criteria to self-certify their SPCC Plans, in lieu of review & certification by a PE • “Qualifying” criteria – • NO discharges for 3 years prior or since becoming subject to the requirements • Under this approach, owners may not deviate from any requirements under §112.7(a)(2) (can’t use EE) & may not make impracticability determinations under §112.7(d)

35. REPORTABLE DISCHARGE HISTORY • A single discharge of oil to navigable water or adjoining shorelines exceeding 1,000 gallons OR, • Two discharges to navigable water or adjoining shorelines each exceeding 42 gallons within any 12 month period • Count only the amount that reaches navigable water or adjoining shorelines

36. REPORTABLE DISCHARGE HISTORY (CONT.) • Oil discharges resulting from natural disasters, acts of war, or terrorism are not included • Sabotage & vandalism are not beyond facilities control • Self-certifying facilities do not automatically lose eligibility if they have a reportable spill, the RA has the authority to require a Plan amendment

37. SELF-CERTIFICATION • Owner/operator attests they are familiar with the rule & have visited & examined the facility • The Plan has been prepared in accordance with accepted & sound industry practices & standards • Procedures for required inspections & testing have been established • The facility meets the qualifying criteria

38. SELF-CERTIFICATION (CONT.) • The Plan does not deviate from rule requirements except as allowed & as certified by a PE • The Plan & staff responsible for implementing it have the full approval of management & the o/o has committed the necessary resources to fully implement the Plan • The Plan is being fully implemented

39. TECHNICAL AMENDMENTS • May self-certify technical amendments as long as a PE has not certified the portion being changed • If a PE certified the affected portion of the Plan, then a PE must certify the technical amendment

40. Drum Containment

41. Tank Containment

42. And a facility… TIER I SUMMARY If a facility… Then the owner/operator of the facility… …may prepare a self-certified SPCC Plan instead of one reviewed & certified by a Professional Engineer (PE) …may meet tailored facility security & tank integrity inspection requirements without PE certification …may prepare a Plan which includes PE-certified environmentally equivalent measures or impracticability determinations that would require PE certifications for only the portions dealing with environmental equivalence & impracticability determinations. The remaining portions of the Plan could be self-certified by the facility owner/operator …has 10,000 gallons or less in aggregate aboveground oil storage capacity …meets the oil discharge history criteria

43. ASSISTANCE, SERVICES & PRODUCTS • Brams Engineering Services– Assistance drafting SPCC plans • Inspects and Prepares SPCC Plans • Prepares Tier I SPCC Plans for Owner/Operator Self Certification • Prepares Tier II SPCC Plans for Owner/Operators • Designs Tank Containment Basins • Responses to EPA Violation Letters

44. U.S. EPA – Penalties & Fines

45. What Does it take to fill out the Tier 1 Plan?