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U.S. Environmental Protection Agency Region III Oil Program April 2006

U.S. Environmental Protection Agency Region III Oil Program April 2006. Agenda. Regulatory History - SPCC Rule Timeline SPCC Rule Purpose and Scope Plan and Facility Requirements Update of Recent Actions Available Resources - Handout. SPCC History.

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U.S. Environmental Protection Agency Region III Oil Program April 2006

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  1. U.S. Environmental Protection AgencyRegion IIIOil ProgramApril 2006

  2. Agenda • Regulatory History - SPCC Rule Timeline • SPCC Rule Purpose and Scope • Plan and Facility Requirements • Update of Recent Actions • Available Resources - Handout

  3. SPCC History • Promulgated under the authority of section 311(j)(1)(C) of the CWA. Codified at Title 40 CFR Part 112 • Originally promulgated: December 10, 1973 • Effective: January 10, 1974 • Proposed revisions in 1991, 1993, 1997 • Final Rule became effective August 16, 2002 • Multiple extensions followed…

  4. Ashland Oil Spill (1988) • Aboveground storage tank collapsed • Spilled approx. 3.8 million gallons of diesel fuel. • About 750,000 gallons released into the Monongahela River. • EPA formed an SPCC Task Force to: • Focus on the prevention of large, catastrophic oil spills. • Make recommendations on the SPCC program.

  5. Photos courtesy of NOAA Office of Response and Restoration, National Ocean Service

  6. Spill Prevention, Control, and Countermeasure Rule • Establishes procedures, methods, and equipment requirements to help prevent oil spills that could reach navigable waters. • Requires that regulated facilities develop and implement Spill Prevention, Control, and Countermeasure (SPCC) Plans. • Concentrates predominantly on prevention of discharges of oil, with slight emphasis on response.

  7. Scope of the SPCC Rule • Applies to non-transportation related facilities that: • Could reasonably be expected to discharge oil into navigable waters of the United States or adjoining shorelines, and • A total aboveground storage capacity greater than 1,320 gallons (counting only containers with a capacity of 55 gallons or more), or • A total underground storage capacity greater than 42,000 gallons. • Excludes: • Permanently closed containers • Completely buried storage tanks subject to all technical requirements of UST Program (40 CFR 280 and 281.)

  8. 2002 Final Rule • The revised rule is performance based rather than prescriptive. • Uses a new format and “Plain English” style. • Incorporates recommendations of the SPCC Task Force following the the Ashland Oil Spill: • Requiring tanks be constructed and tested in accordance with industry standards • Clarify mandatory compliance with the SPCC rule provisions • Require facilities to plan how to react to an oil spill that flows outside the facility boundaries • Require better EPA inspector training • Stricter enforcement against violations.

  9. Organization of the Rule

  10. Subpart AAll Facilities, All Types of Oil • Section 112.1 • General applicability • Section 112.2 • Definitions • Section 112.3 • Requirement to prepare and implement Plans, including: • Compliance dates • Professional Engineer certification • Maintaining and making Plan available • Requests for extension of time Continues

  11. Subpart AAll Facilities, All Types of Oil (continued) • Section 112.4 • Includes discharge reporting requirements • Process involved when Regional Administrator requires an SPCC Plan amendment • Section 112.5 • Requirements for SPCC Plan amendment by owners or operators • Section 112.7 • Prepare Plans in writing and according to good engineering practices • Management approval • Alternative formats

  12. Section 112.7General Requirements

  13. Section 112.7General Requirements (continued)

  14. Subparts B and CSpecific Facility Requirements • Sections 112.8 and 112.12 • Onshore Facilities (excluding production facilities) • Facility drainage – 112.8(b) and 112.12(b) • Bulk storage containers – 112.8(c) and 112.12(c) • Facility transfer operations – 112.8(d) and 112.12(d) • Section 112.9 • Oil Production Facilities (onshore) • Section 112.10 • Oil Drilling and Workover Facilities (onshore) • Section 112.11 • Oil Drilling, Production, or Workover Facilities (offshore)

  15. Overview of Rule Changes • Provides regulatory relief: • Exempts completely buried tanks, small containers, and most wastewater treatment systems. • Raises the quantity for the regulatory threshold. • Reduces information required after a discharge, and raises the regulatory trigger for submission. • Changes the frequency of Plan review from every 3 years to every 5 years. • Allows for alternative formats for SPCC Plans with cross-reference. Continues

  16. Overview of Rule Changes (continued) • Clarifies applicability for the operational use of oil. • Makes the Professional Engineer certification more specific. • Clarifies SPCC requirements are mandatory. • Establishes brittle fracture evaluation requirements. • Clarifies training requirements are for oil-handling personnel (not all personnel) at the facility. • Allows flexibility in meeting many rule provisions by providing equivalent environmental protection or developing contingency plans.

  17. Performance-Based Natureof the Rule • Environmental Equivalence §112.7(a)(2) • Facilities may deviate from certain SPCC requirements by implementing alternate measures that provide equivalent environmental protection. • Cannot be used for secondary containment • Impracticability §112.7(d) • When secondary containment is not practicable, the SPCC Plan must explain the reason. • The owner/operator must prepare an oil spill contingency plan and a written commitment of manpower, equipment, and materials.

  18. Recent Actions

  19. Recent Actions Timeline

  20. Current Compliance Dates The compliance date extension was published in the Federal Register on February 17, 2006 (71 FR 8462)

  21. Proposed Revisions • EPA is considering alternative approaches to ensure protection from oil spills for: • Facilities that handle below a certain threshold of oil • Oil-filled operational equipment • Collected comments until February 10, 2006 • Currently EPA is reviewing comments received • Updates found at www.epa.gov/oilspill

  22. No Discharges* 10 yrs Prior to Self-Certifying Aboveground Storage Capacity* ≤ 10,000 gal SELF- CERTIFY** No Discharges since subject to SPCC Rule Any , you must … P.E. CERTIFY Proposed Rule – Qualified Facilities Certification of SPCC Plan… If facility is… ≥ 10 yrs < 10 yrs or new * As defined in 40 C.F.R. 112.1(b) and112.2 ** Cannot deviate from §112.7(a)(2), except security and integrity testing, and cannot make impracticability determinations under §112.7(d).

  23. No Discharges* from qualified equip in 10 yrs prior to Plan certification or since subject to Rule (if facility operating < 10 yrs) Proposed Rule – Oil-Filled Operational Equipment If facility has… Oil-filled operational equipment** May forego secondary containment*** for… • Inspection and monitoring • program, and • Oil spill contingency plan • and written commitment • * As defined in 40 C.F.R. 112.1(b) and112.2 • ** is not considered bulk storage containers or manufacturing equipment • *** No impracticability claim required

  24. Proposed Rule - continued • Motive Power • Certain container exemptions • Airport Mobile Refuelers • Exempt from sized secondary containment requirements under §112.8(c)(2) and (11) • Animal Fats and Vegetable Oils • Remove §112.13, 112.14 and 112.15 • Farms

  25. SPCC Guidance for Regional Inspectors • Purpose • To establish a consistent understanding among regional EPA inspectors on how certain provisions of the rule may be applied • To help clarify the role of the inspector in reviewing implementation of the performance-based provisions • Specifically addresses performance-based aspects of the SPCC rule • Guidance document is publicly available at http://www.epa.gov/oilspill/guidance.htm

  26. Regional Guidance • Topics Covered: • Introduction and Applicability of SPCC Rule • Environmental Equivalence • Secondary Containment and Impracticability Determinations • Oil/Water Separators • Facility Diagrams • Inspection, Evaluation, and Testing • Eight Appendices (including sample plans)

  27. Summary • Overview of the SPCC provisions • Background and History of SPCC • Compliance Date Extension • Proposed Rule • Qualified Facilities • Oil-filled Operational Equipment • Regional Guidance and performance-based provisions of the rule

  28. For More Information • EPA Region III Anne Gilley SPCC/FRP Inspector (215) 814-3293 gilley.anne@epa.gov • U.S. EPA Headquarters EPA Oil Program Website http://www.epa.gov/oilspill RCRA, Superfund, and EPCRA Call Center 1-800-424-9346

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