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Proposed Amendments to the Spill Prevention, Control, and Countermeasure (SPCC) Rule Overview

Proposed Amendments to the Spill Prevention, Control, and Countermeasure (SPCC) Rule Overview. U.S. Environmental Protection Agency Office of Emergency Management Regulation and Policy Development Division. Agenda. Why is EPA taking action? Compliance Date Extension Proposed Modifications

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Proposed Amendments to the Spill Prevention, Control, and Countermeasure (SPCC) Rule Overview

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  1. Proposed Amendments to the Spill Prevention, Control, and Countermeasure (SPCC) Rule Overview U.S. Environmental Protection AgencyOffice of Emergency ManagementRegulation and Policy Development Division

  2. Agenda • Why is EPA taking action? • Compliance Date Extension • Proposed Modifications • Guidance Overview • Discussion

  3. Why is EPA Amending the SPCC Rule? • Address top priority concerns and clarify certain elements: • Small business • Electrical utilities • Agriculture and animal fats/vegetable oil industry • Aviation • More time needed: • February deadline rapidly approaching • Recovery from hurricane impacts • Digest the guidance

  4. Recent Actions • Extension of compliance dates for all facilities • Proposed modification of several requirements • Issue SPCC Guidance for Regional Inspectors • Proposals published in the Federal Register December 12, 2005 • Guidance posted December 2, 2005 • www.epa.gov/oilspill

  5. Proposed Compliance Date Extension • October 31, 2007 for both Plan amendment and implementation • Request for one compliance date • 30 day comment period • Fast turn-around of final action

  6. Proposed Amendments Overview • Offer streamlined optional requirements for: • Qualified Facilities • Qualified Oil-Filled Operational Equipment • Airport Mobile Refuelers • Exempt motive power containers • Remove certain provisions for animal fats and vegetable oils • Provide a separate, indefinite compliance date extension for farms

  7. Qualified Facilities • An optional choice for small facilities:

  8. Qualified Facilities (cont’d) • Additional Flexibility: • Physical security • Integrity testing • Restrictions: • Environmental equivalence • Impracticability

  9. Qualified Oil-Filled Operational Equipment • An optional choice for equipment at all facilities: Note: Oil filled operational equipment includes an oil storage container (or multiple containers) in which the oil is present solely to support the function of the apparatus or the devices. Oil-filled operational equipment is not considered a bulk storage container, and does not include manufacturing equipment (flow-through process).

  10. Airport Mobile Refuelers • Vehicles with onboard bulk storage containers • Store and transport fuel for transfer into or from aircraft or ground service equipment • Subject to bulk storage requirements: • Specifically sized secondary containment needed • Fuel spills at airports: • Especially during transfers; occasionally while “idle” • Industry issues: • Unique circumstances at airports • Flight and fire safety issues

  11. Airport Mobile Refuelers (cont’d) • Exempt only from the specifically sized secondary containment requirements: • Refueler and transfers remain subject to other provisions and general secondary containment requirements: • Passive and active measures: • Constructed measures vs land-based response • Consistent with typical measures already in use

  12. Motive Power • Onboard bulk storage containers holding fuel solely to power the movement of a motor vehicle; and/or • Ancillary onboard oil-filled operational equipment (i.e., hydraulic and lubrication systems) used solely for vehicle operation • For example: large RVs, aircraft, buses, construction equipment • Exempt motive power containers, except: • Transfers to or from these containers at an otherwise regulated facility; • Bulk storage container(s) mounted on a vehicle for any purpose other than powering the vehicle itself, for example, a tanker truck or mobile refueler; or • Oil drilling or workover equipment, including rigs.

  13. Animal Fats and Vegetable Oils (AFVO) • Inserted in 2002 Rule to satisfy EORRA procedures • Notice and comment issue • Remove sections that do not apply to AFVO: • Onshore oil production (Section 112.13), • Onshore oil drilling and workover facilities (Section 112.14), and • Offshore oil drilling, production, or workover facilities (Section 112.15) • Request input on modification of requirements • Petroleum vs. AFVO

  14. Farms • A facility on a tract of land devoted to the production of crops or raising of animals, including fish, which produced and sold, or normally would have produced and sold, $1,000 or more of agricultural products during a year. (source: National Agricultural Statistics Service and Underground Storage Tank rules) • Proposal: • Extend compliance date for farms that have a total oil storage capacity of 10,000 gallons or less • Collect information to determine appropriate application of SPCC requirements for farms.

  15. Amendment Dockets • Submit comments through the Federal Rulemaking Portal, www.regulations.gov • Dockets: • Proposed Rule Modifications: • Docket ID No. EPA-HQ-OPA-2005-0001 • 60 day comment period • Proposed Compliance Date Extension • Docket ID No. EPA-HQ-OPA-2005-0003 • 30 day comment period

  16. Contacts U.S. EPA Headquarters Office of Emergency Management 202-564-8600 Oil Program Webpage www.epa.gov/oilspill Superfund, TRI, EPCRA, RMP and Oil Information Center 1-800-424-9346

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