EPA REGION 2 UPDATE. Presenter: Francesco Maimone Physical Scientist Date: October 10, 2017 For: 5 th NY Storage Tank Conference

Transcription

1 EPA REGION 2 UPDATE Presenter: Francesco Maimone Physical Scientist Date: October 10, 2017 For: 5 th NY Storage Tank Conference \ Environmental Protection Agency

2 THIS PRESENTATION WILL COVER SPCC & FRP Snapshots Inspection types Documentation After the Inspection Compliance Assistance Efforts Common Questions What s New How to Have a Successful Inspection Contacts & Website

3 SPILL PRVENTION CONTROL & COUNTERMEASURE (SPCC) SNAPSHOT Regulatory requirements located at 40 CFR Part 112 objective: To prevent oil spills (facility-based) from reaching navigable waters of the United States and adjoining shorelines. Requirements include: Preparation & implementation of SPCC plan, tank & piping integrity testing, secondary containment, oil transfer procedures, training requirements, drainage procedures Program administered by: 1 branch chief, 1 section chief, 16 OSC inspectors, 2 inspectors, SEE assistance Enforcement administered by: 1 branch chief, 1 section chief, 2 inspectors Cannot be delegated to states Over 2600 facilities in Region 2- Source: Oil database (there is no registration requirement)

4 FACILITY RESPONSE PLAN SNAPSHOT Regulatory requirements located at 40 CFR Part 112 objective: To prepare and respond to oil spills reaching navigable waters of the United States and adjoining shorelines. Requirements include: Preparation & implementation of FRP plan; facility self inspection, testing, drill, & exercise program; Program administered by: 1 branch chief, 1 section chief, 2 inspectors, 1 OSC, SEE assistance Enforcement administered by: 1 branch chief, 1 section chief, 2 inspectors Cannot be delegated to states 239 facilities (Source: Oil database)

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10 SPCC APPLICABILITY Is the facility or part of the facility (e.g. complex) considered nontransportation-related? No Yes Is the facility engaged in drilling, producing, gathering, storing, processing, refining, transferring, distributing, using, or consuming oil? Yes Could the facility reasonably be expected to discharge oil in quantities that may be harmful into navigable waters or adjoining shorelines? Yes No No The facility IS NOT subject to SPCC. No Is the total aggregate capacity of aboveground oil storage containers greater than 1,320 gallons of oil? Yes The facility IS subject to SPCC. or Is the total aggregate capacity of completely buried storage tanks greater than 42,000 gallons of oil?

11 FRP APPLICABILITY Transfers over water from vessel and total oil storage capacity greater than or equal to 42,000 gallons? NO Total oil storage capacity greater than or equal to 1 million gallons? NO No Submittal of Response Plan, except at RA discretion YES Depend on Planning Distance YES Within any storage area, lacks secondary containment sufficiently large to contain capacity of largest AST plus sufficient freeboard for precipitation? NO Located at distance such that discharge could cause injury to fish and wildlife and sensitive environment? NO Located at distance such that discharge would shut down a public drinking water intake? NO Has experienced reportable oil spill in an amount greater than or equal to 10,000 gallons within the last five years? NO Submit Response Plan YES YES YES YES

12 SPCC-FRP RELATIONSHIP SPCC Facilities (~580,000) FRP Facilities (4,279)

13 INSPECTION TYPES SPCC SPCC plan review SPCC inspection Spill investigation FRP FRP plan review FRP Government-initiated unannounced exercise (GIUE) Note: SPCC plan review usually done on-site Note: FRP plan review done in office. Facilities required to submit FRP to EPA. Regulatory requirement for EPA to review each sig & sub harm FRP at least every 5 years

14 SPCC INSPECTIONS AN SPCC INSPECTION CONSISTS OF: Opening conference SPCC plan review Interview with contact person Document review (implementation) tank/piping/equipment tests per industry standard Visual inspections of tanks, piping, equipment, secondary containment Drainage records Training Spill Investigation Facility walkthrough (implementation) Verification of flow path Verification of inspection records Visual condition of tanks, piping, equipment Visual condition of secondary containment structures Verification of transfer procedures Verification of security requirements Closing Conference

15 FRP FIELD INSPECTION AN FRP FIELD INSPECTION CONSISTS OF: Opening conference Cursory on-site FRP review Interview with Qualified Individual OSRO Contract Self-Inspection document review tank/piping/equipment tests per industry standard Visual inspections of tanks, piping, equipment, secondary containment Self-Inspection Drills/Exercise Review QI notifications, equipment deployment exercises, tabletop exercises Facility walkthrough (implementation) Focus on worst-case discharge tank Failure Scenarios Location of Response Resources Closing Conference

16 GIUE FRP INSPECTION A GOVERNMENT-INITIATED UNANNOUNCED EXERCISE CONSISTS OF: Opening conference Presentation of Small Case Discharge Scenario Facility Simulation of Small Case Discharge by performing the following: EMERGENCY NOTIFICATIONS SIMULATED DEPLOYMENT OF FACILITY RESPONSE MATERIALS 1,000 FEET OF CONTAINMENT BOOM + MEANS OF DEPLOYMENT WITHIN 1 HOUR ARRIVAL OF RECOVERY DEVICE WITHIN 2 HOURS (USUALLY VACUUM TRUCK/SKIMMER PACKAGE) Closing Conference

17 DOCUMENTATION & REPORT REQUIREMENTS EACH INSPECTION REQUIRES COMPLETION OF THE FOLLOWING: - INSPECTION CHECKLIST (COMPLETED ON-SITE) - NOTICE OF INSPECTION FORM (COMPLETED ON-SITE) - DEFICIENCIES FORM (SPCC ONLY, WHEN APPLICABLE. COMPLETED ON-SITE) - INSPECTION LETTER/REPORT - OIL DATABASE ENTRIES FOR LETTERS, REPORTS, & UPDATED CONTACT/OWNER INFORMATION

18 AFTER THE INSPECTION? Begin working on deficiencies immediately A report/letter will be issued by the EPA Enforcement? Ultimate Goal: work with facilities to resolve all identified deficiencies

19 COMPLIANCE ASSISTANCE Speaking Engagements Inquiries from consultants & environmental attorneys (~3/week) Regulatory clarifications Bouncing ideas Inspections and tests Inquiries from regulated facilities (~2/week) Is my facility regulated? Do I need a professional engineer? SPCC Guidance for Regional Inspectors

20 COMMON QUESTIONS What are the regulatory requirements for tank testing? What is a Qualified Facility? Environmental Protection Agency

21 INSPECTIONS & TESTS [112.8(c)(6)] Test tanks for integrity on a regular schedule & when repairs are made In accordance with industry standards, following must be determined: Appropriate qualifications for personnel conducting tests/inspections Frequency/type of inspection or test, which takes into account tank size, configuration, and design (such as containers that are: shopbuilt, field-erected, skid-mounted, elevated, equipped with a liner, double-walled, or partially buried) Example inspections/tests include: visual inspection, hydrostatic, radiographic, ultrasonic, acoustic emissions, other non-destructive testing Must keep comparison records

22 INSPECTIONS & TESTS [112.8(c)(6)] In addition to tanks, must also inspect: Tank supports Foundations Must inspect outside of container for signs of: Deterioration Discharges Accumulation of oil inside diked areas

23 QUALIFIED FACILITY: TIER I vs TIER II Tier 1: No aboveground oil containers greater than 5,000 gallons & total oil storage capacity < 10,000 gallons. Template is available. Tier II: An aboveground oil storage container can be greater than 5,000 gallons but total oil storage capacity < 10,000 gallons. No template. Hybrid Plan is a Tier II Plan with environmental equivalence or impracticability portions of the Plan certified by a PE

24 QUALIFIED FACILITY SELF-CERTIFICATION Owner/operator attests that he/she is familiar with the SPCC rule and has visited and examined the facility Owner/operator also certifies that: The Plan has been prepared in accordance with accepted and sound industry practices and standards and with the rule requirements Procedures for required inspections and testing have been established The Plan is being fully implemented The facility meets the qualifying criteria The Plan does not deviate from rule requirements except as allowed and as certified by a PE Management approves the Plan and has committed resources to implement it 24

25 WHAT S NEW? Water Resources Reform & Development Act (WRRDA) Burden relief for farmers Navigable Waters definition change? Status quo for now Hurricanes Irma & Maria in PR and USVI What did EPA do? How did our facilities fare? Environmental Protection Agency

26 How to Have a Successful SPCC Inspection

27 SPCC Plan Make sure the SPCC Plan is: Current & available for review Stamped/certified by PE (unless self certified) Approved by Management Amendments included for changes Facility Diagram is included DO NOT COPY/PASTE THE REGULATORY REQUIREMENTS. EXPLAIN HOW YOUR FACILITY MEETS THE REQUIREMENT.

28 SPCC Records Make sure the following records are readily available: SPCC-related training (documentation not required, but best way to demonstrate) Drainage records Tank & Piping inspections/tests

29 Field Implementation Ensure the following are implemented: Drainage valves are closed Dikes are empty or have minimal water No unnecessary junk in containment No open penetrations & cracks in containment Little to no vegetation in containment No visible oil discharges Corrosion is kept to a minimum by using good maintenance and inspection procedures Loading rack requirements are implemented

30 Inspection Logistics Have a conference room available Know where the appropriate records are located Provide direct answers to questions For announced inspections, make sure appropriate personnel are available and the plan is available for review

31 EPA REGION 2 SPCC/FRP CONTACTS Ellen Banner Section Chief Banner.Ellen@EPA.gov Francesco Maimone Physical Scientist Maimone.Francesco@EPA.gov Michael Hodanish Oil Enforcement Coordinator Hodanish.Michael@EPA.gov

32 32 EPA Oil Spill Prevention & Preparedness Website Environmental Protection Agency