COMPASS SC Presentation Ted Walden

Environmental Compliance AssistanceWorkshop for South Carolina HospitalsColumbia, SC August 8, 2006: 

Environmental Compliance Assistance Workshop for South Carolina Hospitals Columbia, SC August 8, 2006 SPCC Review

Outline: 

Outline Background of the SPCC Regulation Applicability Requirements for Preparation of written SPCC Plans Implementation of SPCC Requirements Overview of SPCC Guidance Document for Regional Inspectors

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U.S. EPA Oil Program Prevention SPCC Preparedness Facility Response Plans Area Contingency Plans Response National Contingency Plan Local, State, Federal (EPA & USCG), Responsible Party

Prevention Requirements: 

Prevention Requirements Spill, Prevention, Control, and Countermeasure (SPCC) regulations (40 CFR 112) require the preparation and implementation of site-specific plans to prevent oil discharges that could affect navigable waters Authority: CWA § 311(j)(1)(C) and 501, and codified under 40 CFR Part 112

Purpose SPCC - (40 CFR Part 112): 

Purpose SPCC - (40 CFR Part 112) To prevent oil discharges from reaching the navigable waters of the U.S. or adjoining shorelines; To ensure effective response to the discharge of oil; and To ensure that proactive measures are used in response to an oil discharge.

History of SPCC: 

History of SPCC 1972 Federal Water Pollution Control Act Amendments 1974 Original SPCC Rule (40 CFR part 112) Published 1988 Ashland Oil Spill – SPCC Task Force formed 1989 Exxon Valdez in Alaska 1990 Oil Pollution Act 1991 Proposed SPCC Rule - complete revision of existing rule 1993 Proposed SPCC Rule - amendments 1994 Final Facility Response Plan (FRP) Rule 1997 Additional proposed SPCC amendments 2001 Draft Final SPCC Rule – remanded to OMB 2002 Final “revised” SPCC rule published 7/17/02 2003 SPCC compliance date extension 2004 SPCC litigation settlement and Compliance Date Extension 2005 Proposed SPCC Rule amendments and SPCC Inspector Guidance Document 2006 Compliance Date Extension issued 2/17/06

SPCC Initial Promulgation (1973): 

SPCC Initial Promulgation (1973) Originally promulgated: December 10, 1973 Effective: January 10, 1974 Includes: General applicability Relevant definitions Requirements for preparation Provisions for amendments Civil penalty provisions Requirements for the substance of the Plans

2002 SPCC Revisions: 

2002 SPCC Revisions Issued July 17, 2002; became effective August 16, 2002 Fine-tuned a 30 year old regulation Performance based: provides flexibility in meeting many of the oil discharge prevention requirements Environmental Equivalence Strengthened Integrity Testing and PE Certifications Amends the requirements for completing SPCC Plans But raised many concerns about long-standing requirements

Compliance Date Extensions: 

Compliance Date Extensions Compliance dates for the SPCC amendments were extended in 2003, 2004, and February 2006 (§112.3(a) and (b)). Provides additional time for regulated community to update or prepare Plans, especially following the litigation settlement (2004 extension). Alleviates the need for individual extension requests. The extensions also amended the compliance deadlines for onshore and offshore mobile facilities (§112.3(c)).

Current Compliance Dates: 

Current Compliance Dates

Applicability of SPCC: 

Applicability of SPCC

SPCC Regulated Entities (§112.1(b)): 

SPCC Regulated Entities (§112.1(b)) Facility is subject to the regulation: If it is a non-transportation-related facility that distributes, drills, gathers, produces, processes, refines, stores, transfers, uses, or consumes oil and oil products; and due to its location could reasonably be expected to discharge oil into navigable waters of the U.S. or adjoining shorelines AND

SPCC Regulated Entities : 

SPCC Regulated Entities Meets at least one of the following capacity thresholds: Aggregate total of more than 1,320 gallons of oil in aboveground containers (only counting containers of 55-gallons or greater); or More than 42,000 gallons of oil in underground tanks (Note: most USTs now exempt from SPCC)

SPCC Regulated Entities (cont.): 

SPCC Regulated Entities (cont.) “Facility capacity” includes the shell capacity of all containers, such as: Tanks and portable tanks; Oil filled electrical or operating equipment 55-gallon drums and; Empty containers (>=55-gal capacity) that may be used to store oil or a mixture of oil and other substances and are not permanently taken out of service

Key Definitions – Oil (§112.2): 

Key Definitions – Oil (§112.2) Includes oil of any kind or in any form such as: Petroleum and fuel oils Mineral oils Sludge Oil mixed with wastes other than dredged spoil Animal fats, oils, and greases Vegetable oils Other oils

SPCC Considerations: 

SPCC Considerations Navigable Waterways could include: Traditional navigable waters & their tributaries Creeks and Streams Ditches Lakes and Ponds Wetlands, mudflats and sandflats Sanitary Sewers/Storm Sewers/Drains Groundwater IF it is directly connected hydrologically with surface waters

Exemptions from SPCC: 

Exemptions from SPCC Containers less than 55-galllons Completely buried USTs regulated by Federal UST regulations (40 CFR Part 280) or State UST regulations (40 CFR 281) Permanently Closed Containers Waste water treatment tanks and process vessels exempt

Underground Storage Tanks(§112.1(d)(4)): 

Underground Storage Tanks (§112.1(d)(4)) SPCC rule exempts: Completely buried storage tanks Connected underground piping Underground ancillary equipment and containment systems when such tanks are subject to all of the technical requirements of 40 CFR part 280 or a state program approved under 40 CFR part 281 These tanks must still be marked on the facility diagram if the facility is otherwise subject to the SPCC rule

Requirements for Preparation of SPCC Plans: 

Requirements for Preparation of SPCC Plans

Management Approval – (§112.7): 

Management Approval – (§112.7) Plan must have full approval of management at a level of authority to commit the necessary resources to fully implement the Plan.

PE Certification (§112.3) and Management Review (§112.5): 

PE Certification (§112.3) and Management Review (§112.5) A Professional Engineer (PE) must Certify the Plan Plan must be maintained at the facility or nearest field office and be available for review by EPA upon request. The owner or operator must complete a review and evaluation of their facility’s SPCC Plan at least once every five years.

Amendments to SPCC Plan (§112.5): 

Amendments to SPCC Plan (§112.5) SPCC Plan must be amended within 6-months of any change in facility design or construction which affects the facility’s potential to discharge oil. Technical Amendments MUST be certified by a PE Amendments must be implemented within 6-months of plan change.

Written Plan Requirements (§112.7(a)(3)): 

Written Plan Requirements (§112.7(a)(3)) Type of oil in each container and its storage capacity Discharge/drainage controls (e.g., secondary containment for bulk containers) Countermeasures for discharge discovery, response, and cleanup Emergency Contact list and phone numbers

Facility Diagram: 

Facility Diagram Requires owner or operator to describe physical layout of the facility and include a facility diagram in the Plan Diagram must: Mark location and contents of each container Include completely buried tanks otherwise exempt under §112.1(d)(4) Include all transfer stations and connecting pipes Flexibility is accepted when dealing with concentrated areas of piping 24

Written Plan Requirements (§112.7(b)): 

Written Plan Requirements (§112.7(b)) Prediction of potential oil discharges from equipment and storage tanks direction rate of flow, and total quantity discharged

Inspections, Tests, and Records (§112.7(e)): 

Inspections, Tests, and Records (§112.7(e)) Requires inspections and tests in accordance with written procedures Maintain inspection records for 3-years Allows use of records kept per usual and customary business practices (NPDES records would be acceptable)

Personnel, Training, and Spill Prevention Procedures – (§112.7(f)): 

Personnel, Training, and Spill Prevention Procedures – (§112.7(f)) Training required for oil handling personnel in the operation and maintenance of equipment to prevent the discharge of oil Requires spill prevention briefings for personnel at least once a year to assure adequate understanding of the SPCC Plan for that facility Required to have a designated person who is accountable for oil spill prevention and who reports to line management.

Requirements for Implementation of SPCC Plans: 

Requirements for Implementation of SPCC Plans

Plan Requirements (§112.7(c)) –Secondary Containment: 

Plan Requirements (§112.7(c)) – Secondary Containment Requires containment and/or diversionary structures for oil filled equipment and bulk storage tanks to prevent a discharge. Containment methods: Dikes, berms or retaining walls; Curbing; Culverting, gutters, or other drainage systems; Weirs, booms, or other barriers; Spill diversion ponds; Retention ponds; or Sorbent materials

Oil Filled Equipment: 

Oil Filled Equipment Oil filled equipment requires secondary containment. Containment must meet the general containment requirements of §112.7(c) “Appropriate containment” should be designed to address the most likely discharge from the equipment (up to PE to determine the appropriate sizing and structure). Oil filled electrical, operating, or manufacturing equipment is not a bulk storage container Therefore, containment for oil filled equipment is NOT required to meet the containment requirements for bulk storage tanks per 40 CFR 112.8(c).

Oil-filled Equipment: 

Oil-filled Equipment 31

Bulk Storage Containers (§112.8(c)): 

Bulk Storage Containers (§112.8(c)) 32

Secondary Containment for Bulk Storage Tanks: (§112.8(c)(2)): 

Secondary Containment for Bulk Storage Tanks: (§112.8(c)(2)) Provide secondary containment for entire capacity of largest single container and sufficient freeboard for precipitation Ensure diked areas are sufficiently impervious to contain discharged oil

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Double-walled ASTs 37

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Stormwater Drainage (§112.8(c)(3)): 

Stormwater Drainage (§112.8(c)(3)) Drainage of rainwater from diked areas can bypass in-plant treatment if: Bypass valve is normally sealed closed Inspection of runoff rainwater ensures no sheen Bypass valve is opened and resealed following drainage under responsible supervision Adequate records are kept of such events Records for NPDES permits are sufficient for recording stormwater bypass events

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Integrity Testing For Bulk Storage Tanks (§112.8(c)(6)) : 

Integrity Testing For Bulk Storage Tanks (§112.8(c)(6)) COMBINE Visual inspection with Non-destructive shell testing such as hydrostatic, radiographic, ultrasonic, or acoustic testing. Recommend using industry standards (API, STI, UL).

Fail-Safe Engineering for Bulk Storage Tanks – 112.8(c)(8)(i to v): 

Fail-Safe Engineering for Bulk Storage Tanks – 112.8(c)(8)(i to v) One of the following devices must be provided: High level alarms High liquid level pump cutoff devices Direct audible or code signal communications Fast response system for determining liquid levels of tanks: digital, computers, telepulse, direct vision gauges Must regularly test liquid level sensing devices

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Correction of Discharges and Clean-up of Oil Accumulations: 

Correction of Discharges and Clean-up of Oil Accumulations Section 112.8(c)(10) requires: Prompt correction of visual discharges Prompt removal of any accumulations of oil in diked areas

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Security Requirements (§112.7(g)): 

Security Requirements (§112.7(g)) All plants handling, processing, and storing oil should be fully fenced Entrance gates should be locked and/or guarded when the plant is not in production or is unattended Master flow and drain valves, pump controls, secured in the closed position when in non-operating status Appropriate lighting

Loading and Unloading Requirements (§112.7(h)): 

Loading and Unloading Requirements (§112.7(h)) Facility tank car and tank truck loading/unloading rack areas should have secondary containment to handle a spill from the single largest compartment of a tank car or tank truck loaded or unloaded at that place if it does not go to in-plant treatment.

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Loading Rack vs Loading/Unloading Area Clarifications: 

Loading Rack vs Loading/Unloading Area Clarifications The provisions of §112.7(h) only apply in instances where a rack structure is present. Transfers at other areas in the facility are only subject to general containment requirements of §112.7(c). Containment sized to most likely discharge (PE’s determination) Loading/unloading areas utilizing a single hose and connection or standpipe are not considered “racks.”

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Loading/Unloading Area 60

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Loading/Unloading Area 61

The Spill Prevention, Control, and Countermeasure (SPCC) Guidance for Regional Inspectors: 

The Spill Prevention, Control, and Countermeasure (SPCC) Guidance for Regional Inspectors

SPCC Guidance Document: 

SPCC Guidance Document The full document is available at www.epa.gov/oilspill The document is evergreen and comments will always be accepted via the website

Guidance Document Contents: 

Guidance Document Contents Chapter 1: Introduction Chapter 2: Applicability of the SPCC Rule Chapter 3: Environment Equivalence Chapter 4: Secondary Containment and Impracticability Determinations Chapter 5: Oil/Water Separators Chapter 6: Facility Diagrams Chapter 7: Inspection, Evaluation, and Testing Appendices

Appendices: 

Appendices Text of CWA 311(j)(1)(c) Text of 40 CFR Part 112 Summary of Revised Rule Provisions Sample Bulk Storage Facility SPCC Plan Sample Production Facility SPCC Plan Sample Contingency Plan SPCC Inspection Checklists Other Policy Documents

For Additional Information: 

For Additional Information Ted Walden EPA R4 404-562-8752 walden.ted@epa.gov www.epa.gov/oilspill National SPCC/RCRA Hotline 1-800-424-9346

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Tank You!!!