SPCC 40 CFR Part 112 Overview

Transcription

1 SPCC 40 CFR Part 112 Overview Mark W. Howard Office of Emergency Management HQ Kim Churchill Region 5 SPCC Coordinator Jon Gulch Region 5 Oil On-Scene Coordinator Compliance Assistance Conference October 30 th 2018

2 Legal Disclaimer This presentation is meant to provide an overview to EPA inspectors, owners and operators of regulated facilities, and the general public on the implementation of the Spill Prevention, Control, and Countermeasure (SPCC) rule (40 CFR Part 112). This presentation seeks to promote nationally-consistent implementation of the SPCC rule. The statutory provisions and EPA regulations described in this presentation contain legally binding requirements. This presentation does not substitute for those provisions or regulations, nor is it a regulation itself. In the event of a conflict between the discussion in this presentation and any statute or regulation, this presentation is not controlling. This presentation does not impose legally binding requirements on EPA or the regulated community, and might not apply to a particular situation based upon the circumstances. The word should as used in this presentation is intended solely to recommend or suggest an action, and is not intended to be viewed as controlling. Examples in this presentation are provided as suggestions and illustrations only. While this presentation indicates possible approaches to assure effective implementation of the applicable statute and regulations, EPA retains the discretion to adopt approaches on a case-by-case basis that differ from this presentation where appropriate. Any decisions regarding compliance at a particular facility will be made based on the application of the statute and regulations. References or links to information cited throughout this presentation are subject to change. Rule provisions and internet addresses provided in this guidance are current as of October This presentation may be revised periodically without public notice.

3 Today s Agenda I. Introduction to the SPCC Rule II. Applicability III. SPCC Rule Overview IV. Intro to your R5 Coordinator and what to expect during an inspection V. National Issues and Trends VI. Questions & Answers (AKA Stump the regulator) Please note that this presentation will not cover every SPCC provision

4 Introductions Mark W. Howard Headquarters Kim Churchill Region 5 churchill.kimberly@epa.gov Jon Gulch Region 5 gulch.jon@epa.gov

5 Part I: Introduction to the SPCC Rule

6 Oil Regulations 40 CFR part Oil Pollution Prevention regulation Specifies requirements for prevention of, preparedness for, and response to oil discharges Spill Prevention, Control, and Countermeasure (SPCC) Includes requirements for Facility Response Plans (FRPs) 40 CFR part 110 Discharge of Oil (sheen rule) Prohibition of oil discharge Reporting requirements Establishes harmful quantity 1. Purpose of SPCC Rule

7 Guidance document change reflecting SPCC rule amendment Compliance Date Amendments EPA extended the compliance dates for facilities to update (or for new facilities to prepare) and implement an SPCC Plan Eight times, (Guidance summarizes each of these extensions.) New production facilities have six months to develop and implement their SPCC Plan Non-production before operations begin. All compliance dates are in the past. If the owner or operator of a facility does not have an SPCC Plan, must develop a Plan immediately. Plan must comply with all amendments to the rule

8 Part II: Applicability

9 SPCC Rule Applicability The SPCC rule applies to a facility that meets the following criteria: Drills, produces, gathers, stores, processes, refines, transfers, distributes, uses, or consumes oil and oil products; and Is non-transportation-related (i.e. facility is not exclusively covered by DOI or DOT); and Can reasonably be expected to discharge oil in quantities that may be harmful into or upon the navigable waters of the U.S. or adjoining shorelines; and Meets capacity thresholds Aboveground storage > 1,320 gallons; or Completely buried storage > 42,000 gallons 112.1

10 Part III: SPCC Requirements Overview

11 Professional Engineer Certification A licensed PE must review and certify a Plan and technical amendments The certification does not relieve the owner/operator of his duty to prepare and fully implement a Plan Qualified facilities may opt to selfcertify Plans in lieu of PEcertification. This will be discussed in Part IV: Focus on Qualified Facilities Some states do not allow selfcertification of SPCC Plans Prepare and Implement a Plan 112.3(d) and 112.5(c)

12 Tier Options for Qualified Facilities Self- Certification Facilities may qualify for Tier I or Tier II self certification if they meet the following criteria: No single discharge exceeding 1,000 gallons or no two discharges exceeding 42 gallons in any 12-month period in the last 3-years Tier I Facility has no AST larger than 5,000 gallons Option to complete and implement a self-certified Plan template (found in Appendix G) in lieu of a full SPCC Plan to comply with the SPCC regulation. Tier II cannot use the template Tier II 10,000 gallons or less of aggregate AST oil storage capacity May choose to self-certify full SPCC (no PE certification of Plan required) Can include environmentally equivalent measures when a PE certifies the alternative measures in accordance with 112.6(b)(3)(1) and 112.6(b)(4). EPA can request a PE Plan Self certification issues State Law The attestation for facilities Qualified Facilities and Self-Certification 112.3(g)(2) and 112.6

13 General Requirements for SPCC Plans ( 112.7) and Secondary Containment Provisions

14 Environmental Equivalence Your Plan may deviate from the [ technical requirements ], except the secondary containment requirements [ ] if you provide equivalent environmental protection by some other means of spill prevention, control, or countermeasure. General Requirements for SPCC Plans 112.7(a)(2)

15 Items to Address in the Plan Type of oil in each container and its storage capacity Discharge prevention measures including procedures for routine handling of products Discharge or drainage controls Countermeasures for discharge discovery, response, and cleanup Methods of disposal of recovered materials Contact list and phone numbers (including NRC) If no FRP, then: Information for reporting Organize portions of the Plan describing procedures for when a discharge occurs to make them readily available during emergency General Requirements for SPCC Plans 112.7(a)(3)

16 Other General Requirements Facility Diagram Failure Analysis Recordkeeping Training Loading and Unloading Racks Containment and other requirements Security for Non Production Facilities Brittle Fracture Oil Filled Operational Equipment

17 General Secondary Containment Requirement Requires secondary containment for all areas with the potential for a discharge Requires appropriate containment and/or diversionary structures to prevent a discharge that may be harmful (a discharge as described in 112.1(b)) This is the minimum expectation for containment General facility requirement with no sizing or freeboard requirements General Requirements for SPCC Plans 112.7(c)

18 2008 Amendments Revision to General Secondary Containment Requirement This revision: Clarifies that the general secondary containment requirement is intended to address the most likely oil discharge from any part of a facility New text: In determining the method, design, and capacity for secondary containment, you need only to address the typical failure mode, and the most likely quantity of oil that would be discharged. Secondary containment may be either active or passive in design. Modifies 112.7(c) to expand the list of example prevention systems for onshore facilities - Additional examples: drip pans, sumps, and collection systems General Requirements for SPCC Plans 112.7(c)

19 Impracticability Provision If a facility owner or operator finds that any containment methods are impracticable, he or she may substitute a combination of other measures in place of secondary containment. When a facility owner/operator is incapable of installing secondary containment by any reasonable method Considerations include: Space and geographical limitations Local zoning ordinances Fire codes Safety Other good engineering practice reasons that would allow for secondary containment General Requirements for SPCC Plans 112.7(d)

20 SPCC Requirements for Onshore Bulk Storage Facilities ( 112.8)

21 112.8 SPCC Requirements for Onshore Facilities Outlines specific requirements (in addition to general requirements in 112.7) for onshore facilities (excluding production facilities) regarding: Facility drainage Bulk storage containers Containment drainage requirements Facility transfer operations, pumping, and facility process SPCC Requirements for Onshore Bulk Storage Facilities 112.8

22 Specific (Sized) Secondary Containment Requirements Areas where certain types of containers, activities, or equipment are located may be subject to additional, more stringent, containment requirements Sized to largest tank or tanker compartment with freeboard for a rain event EPA does not specify a freeboard requirement 110% rule of thumb and 25 year 24 hour storm event Specific minimum size requirement for secondary containment for the following areas: Loading/unloading racks (no freeboard requirements) per Bulk storage containers Mobile or portable bulk storage containers Containment Requirements for SPCC Plans 112.7(h), 112.8(c)(2)&(11), 112.9(c)(2)

23 SPCC Requirements for Onshore Production Facilities ( 112.9)

24 112.9 SPCC Requirements for Onshore Production Facilities Outlines specific requirements (in addition to general requirements in 112.7) for onshore production facilities regarding: Facility drainage Bulk storage containers Containment drainage requirements Facility transfer operations SPCC Requirements for Onshore Bulk Storage Facilities 112.8

25 Overview of Rule Revisions Related to Oil Production Facilities EPA streamlined, tailored, and clarified requirements for oil production facilities including: Definition of Production Facility SPCC Plan Preparation and Implementation Timeframe Flowlines and Intra-facility Gathering Lines Flow-through Process Vessels Produced Water Containers Oil and Natural Gas Pipeline Facilities Definition of Permanently Closed

26 Specific Secondary Containment Requirements for Production Secondary containment sized to the capacity of the largest single container with sufficient freeboard to contain precipitation Applies to bulk storage containers at the tank battery, separation and treatment facilities, including, but not limited to: Stock tanks, Produced water containers,* Separation equipment* (e.g., heater-treaters and separators) If facility drainage is used as secondary containment for bulk storage containers, then drainage from undiked areas must be safely confined in a catchment basin or holding ponds * The SPCC rule includes alternative measures for certain production equipment in lieu of sized secondary containment

27 Reporting Spills 40 CFR Part 110 Report all oil discharges to navigable waters of the U.S. or adjoining shorelines to NRC at Federal government's centralized reporting center, which is staffed 24 hours a day by U.S. Coast Guard personnel Any person in charge of a vessel or an onshore or offshore facility must notify NRC immediately after he or she has knowledge of the discharge NRC relays information to EPA or U.S. Coast Guard depending on the location of the incident An On-Scene Coordinator evaluates the situation and decides if federal emergency response action is necessary

28 Specific SPCC Spill Reporting Requirements 40 CFR part 112 Report to the EPA Regional Administrator (RA) when there is a discharge of: More than 1,000 U.S. gallons of oil in a single discharge to navigable waters of the U.S. or adjoining shorelines More than 42 U.S. gallons of oil in each of two discharges to navigable waters of the U.S. or adjoining shorelines within a 12-month period When making this determination it is the amount of the discharge in gallons that reaches navigable waters of the U.S. or adjoining shorelines An owner/operator must report the discharge(s) to the EPA Regional Administrator within 60 days

29 Regional Office: Chicago, IL Out-Station Offices: Grosse Ile, Michigan Spring 2019 Ann Arbor, Michigan Cleveland, Ohio EPA Region 5 On-Scene Coordinators St Paul, MN 1 OSC Green Bay, WI 1 OSC Chicago, IL 18 OSCs Marion, IL 1 OSC Indianapolis, IN 2 OSCs Traverse City, MI 1 OSC Grosse Ile, MI 8 OSCs Cincinnati, OH 1 OSC Westlake, OH 5 OSCs

30 Region 5 Oil Contacts Oil Program Manager Chicago Office Matt Mankowski: or mankowski.matthew@epa.gov SPCC Coordinator Grosse Ile Office Kim Churchill: or churchill.kimberly@epa.gov FRP Coordinator Chicago Office Alex Tzallas: or tzallas.alexander@epa.gov Oil On-Scene Coordinator Grosse Ile Office Jon Gulch : or gulch.jon@epa.gov Ohio Enforcement Specialist Chicago Office Ellen Riley: or riley.ellen@epa.gov

31 Regional SPCC Inspections Regional Priorities Large, non-frp facilities: 500, ,999 gallons Facilities with a history of spills Facilities of concern as observed by our On- Scene Coordinators Facilities not inspected in the last 5 years Inspections in the Region Performed by trained inspectors from Superfund Division and Office of Enforcement and Compliance Assurance (OECA) Enforcement and Compliance Staff On-Scene Coordinators Multi-Media Inspectors

32 Choosing Facilities for Inspection Targeted Outreach with Compliance Monitoring Triggering Event For cause in response to suspected spill or violation Routine compliance (part of planned inspection program) Case development support or follow-up Multi-media and technical assistance Referrals from State, Locals, or Public

33 Facility Incident

34 Spills

35 Multi-Media Inspections

36 Referrals (State or Local)

37 Roles of the Inspector Official Agency representative Fact finder Technical authority Enforcement case developer (in some cases) Enforcement presence Technical educator

38 Inspection Notice Types Unannounced Inspections Knock Knock! Who s there? EPA. EPA Who? EPA Inspectors are authorized to enter any facility during normal business hours Legal basis for entry under 40 CFR part 112 is Clean Water Act (Sections 308 and 311[m]) May be longer due to onsite Plan review Announced Inspections May request copy of SPCC Plan in advance Facilitates coordination and cooperation Allows for applicable records to be available for review at time of inspection

39 What to expect during a SPCC Inspection Opening conference Discussion of facility operations and site specific SPCC elements Use of detailed SPCC checklist Review of Plan onsite Records review Facility walk-through Closing conference Follow-up In certain cases, enforcement

40 Post Inspection SPCC reporting on compliance monitoring observations Facility found in compliance Follow up and case closure Facility found to be out of compliance Facility provided notice Issuance of post inspection letter Notice of Deficiencies Notice of Violations Expedited Settlement Agreements EPA Orders under FWPCA 311c and 311 e Enforcement Actions (covered later in detail) Class I and Class II penalty actions DOJ referrals Compliance Action Enforcement/follow up Case Closure

41 41

42 On January 30, 2017, President Trump issued an Executive Order (E.O.) related to regulatory actions: E.O Presidential Executive Order on Reducing Regulation and Controlling Regulatory Costs For every one new regulation issued, at least two prior regulations must be identified for elimination For FY2017, incremental cost of regulations shall be zero Actions must be in accordance with the Administrative Procedure Act On February 2, 2017, the Office of Management and Budget, Office of Information and Regulatory Affairs (OIRA) issued interim guidance on Section 2 of the E.O. Includes guidance and a number of Questions and Answers The interim guidance from OIRA was finalized on April 5, 2017

43 On February 24, 2017, President Trump issued EO Each Agency is required to evaluate and identify existing regulations that could be repealed, replaced or modified to make them less burdensome EPA opened docket EPA-HQ-OA to collect comments/recommendations Please see for more information on this effort across EPA EPA's Office of Land and Emergency Management hosted a public meeting to obtain additional stakeholder feedback on May 9, 2017 in Arlington, VA. For more information:

44 Clean Water Act 311(j)(1)(C) provides: The President is to issue regulations establishing procedures, methods, and equipment and other requirements for equipment to prevent discharges of oil and hazardous substances from onshore facilities and to contain such discharges EPA is conducting a regulatory action in accordance with CWA 311(j)(1)(C) for hazardous substances under the terms of a Consent Decree. Proposed action published in the Federal Register on June 25, 2018 (83 FR 29499) Final action court-ordered date of August 2019

45 EPA conducted a voluntary survey through an ICR Purpose: Identify potential universe of facilities nationwide that could be subject to spill prevention regulations for Clean Water Act (CWA) hazardous substances (i.e., those listed in 40 CFR 116) Audience: States, Tribes and Territories of the US Requested information on: Number and type of EPCRA Tier II facilities with CWA hazardous substances Historical discharges of CWA hazardous substances, Ecological and human health impacts of those discharges, and Existing state and tribal programs that address spill prevention of hazardous substances Currently reviewing information received.

46 Public comments and supporting information posted to Regulations.gov Docket Number: EPA-HQ-OLEM Comment period closed on August 24, comments received Semi-annual updates can be found at:

47 SPCC Rule, Inspections and General Oil Program Issues Mark W. Howard, , Subpart J rulemaking: Vanessa Principe, , principe.vanessa@epa.gov Subpart J Product Schedule: Leigh DeHaven, (202) , DeHaven.Leigh@epa.gov Spill Prevention for Hazardous Substances Rulemaking Greg Wilson, , wilson.gregory@epa.gov FRP Rule, PREP and General Oil Program Issues Troy Swackhammer, , swackhammer.j-troy@epa.gov

48 Description of common SPCC and FRP Plan deficiencies Possibly webinars discussing findings Updated Upstream Sample SPCC Plan Updated Downstream Sample SPCC Plan New SPCC FAQ document Possible webinar overviews

49

50 High Risk facilities Refineries, terminals, and bulk oil storage Production operations on and offshore Railroad yards Terminals Industrial facilities with large amounts of oil storage Animal Fat and Vegetable Oil (AFVO) facilities Alternative fuels facilities (Biodiesel) Facilities that have discharged oil into WOTUS

51 Common SPCC Plan Violations Inadequate cross reference Inadequate facility diagrams facility and diagram don t match, missing piping and loading areas Plans not addressing spill trajectory requirement Inadequate discharge notification form (quantity of discharged to water and media impacted) Missing 112.7(a) elements (the mini response plan)

52 Inadequate contingency plan (40 CFR Part 109) Lack of contingency plan when required Notification section incomplete (or dated) Generic/non-specific information Plan just repeats the rule requirements and not specific to implementation at the facility Missing information (leads to questions) Still seeing PE plans using the pre 2002 rule format No Plan!

53 No secondary containment for the loading rack or loading area Inadequate or inappropriate pipe support Tank overfill protection not present, not functional or not inspected No inspection records No integrity testing program or schedule for implementation Improper application of visual only inspection regime

54 Active containment methods cannot be implemented as described in Plan Double walled tank non-compliance issues including not inspecting interstice Actual drainage at the facility does not support the containment strategies in the Plan Post certification modifications, alterations or construction impacts implementation Containment and inspection of mobile portable container not implemented Using building for containment does not account for actual drainage conditions

55 SPCC Guidance EPA issued Version 2.0 of the SPCC guidance on August 28, 2013 Update of the 2005 document Some major policy changes Incorporated rules and policy post 2002 rulemaking Includes the updated checklists

56 Any Questions? USEPA HQ Mark W. Howard USEPA Region 5 Kim Churchill churchill.kimberly@epa.gov U.S. EPA Office of Emergency Management Regulations and Policy Development Division Oil Information Center: (800) or TDD (800)