The New (and final) SPCC Rule

Transcription

1 Brett D. Smith, PE, PG

2 OVERVIEW History of the Spill Rule (40 CFR Part 112) July 2002 final rule - changes December 2006 amendments - changes BREAK - 15 minutes Definitions of key terms 40 CFR exempt or not? SPCC Plan components Preparing a Plan QUESTIONS Tacoma - April 24, 2007

3 History CFR 112 first published under the Clean Water Act 1988 and 1989 SPILLS - Ashland diesel spill and Exxon Valdez oil spill Oil Pollution Act revised 40 CFR 112, giving EPA more authority 1991, 1993, 1997 revisions - Plan prep procedures, worst-case spill, paperwork 7/02 - EPA makes substantive changes and sets deadlines to 2/03 and 8/03 1/03 - EPA extends deadlines to 4/03 and to 10/03 4/03 - EPA extends deadlines to 8/04 and to 2/05 8/04 - EPA extends deadlines to 2/06 and 8/06 2/06 - EPA extends deadlines to Halloween /06 - EPA PROPOSES another deadline extension to July 1, 2009 for the 5th time! go figure...

4 Noteworthy spills - Ashland Oil January million gallon tank split apart after initial reassembly, sending 750,000 gallons of diesel oil into the Monongahela River.

5 Noteworthy spills - Exxon Valdez March The tanker Exxon Valdez struck Bligh Reef, spilling more than 11 million gallons of crude oil into the Prince William Sound.

6 Different sites, same regs? NOT!

7 July 2002 changes Navigable Waters - EPA widened the net Definition of a Facility - any mobile / fixed structure or equipment Impracticability - economic impracticability does NOT count Eliminated 660-gallon container trigger Established 55-gallon minimum container size Eliminated counting USTs when they satisfy Parts 280 and 281 Exempts wastewater treatment Established case-by-case authority by EPA to require SPCC Plan PE may use an agent, but still needs to certify SPCC Plan PE not needed for non-technical amendments to SPCC Plan Increased SPCC Plan review interval from 3 to 5 years

8 December 2006 changes Animal fats and vegetable oils - sections removed Farms - specific rules and compliance deadlines still pending Motive power containers are exempt from the Rule Mobile refuelers may use alternatives to secondary containment (SC) Oil-filled operational equipment may use alternatives to SC! Contingency Plan + equipment inspection / monitoring program Qualified facilities <10,000 gallons may self-certify Impracticability / alternatives must still be made by a PE

9 Definitions Bulk storage container - any container that stores oil / fuel used for commerce. Completely buried tank - any completely buried or covered tank. Completely buried tanks are typically subject to 40 CFR Parts 280 and 281 rather than the Spill Rule. Contingency Plan - a detailed spill response plan that addresses the facility in particular and appropriate geographical agencies in general. See 40 CFR Part 109. Discharge - a spill, leak, overfill or anything other than a permitted discharge. Environmental equivalence - alternative measures that accomplish the goals of the Spill Rule. Not allowed regarding secondary containment. Facility - any mobile or fixed structure or piece of equipment that handles / uses oil. Facility Response Plan - a detailed spill response plan for a facility that doesn t pass the Substantial Harm Criteria questionnaire (ie, stores > 1 million gallons). Integrity testing - inspection / testing of the tank shell and foundation for soundness. Manmade structure - anything made by man. Must be ignored when determining Spill Rule compliance, but may be recognized within the context of an SPCC Plan. Go figure

10 Definitions Mobile refueler - a vehicle or trailer that stores and/or transfers oil / fuel. Motive power container - fuel tank. Navigable water - any water body with the potential for human interaction (see below) Nonconformance - when a required element required by the Spill Rule is missing. Oil - of any kind and derived from animals, plants, and Mother Earth in general. Partially buried tank - not a completely buried tank. Partially buried tanks are considered aboveground tanks and are subject to the Spill Rule. Spill - a discharge, leak, overfill or anything other than a permitted discharge. Storage capacity - the total shell capacity of a container. Substantial Harm Criteria - parameters that define a large oil-storage facility, including a storage capacity greater than or equal to (>) 1 million gallons; transfers oil over water; has insufficient SC; located nearby sensitive environments and/or water supplies; and had a reportable discharge > 10,000 gallons within the past 5 years.

11 Compliance triggers Aboveground - 1,320 gallons aggregate (55-gallon containers and larger) Underground - 42,000 gallons aggregate (NOT already covered by UST Regs - 40 CFR Parts 280 and 281) Reasonable expectation to discharge into a navigable water, either directly or via hydraulic connection with groundwater.

12 Exempt or not? Just what IS a NAVIGABLE WATER? Any water body with the potential for HUMAN INTERACTION, such as: Having a possible future use in interstate commerce Intrastate lakes, streams, mudflats, prairie potholes - when degraded, would affect interstate commerce Recreational water bodies Water bodies from which fish or shellfish are taken Water bodies that could be utilized for industrial purposes And what IS a REASONABLE EXPECTATION to discharge into a navigable water? Any SCENARIO that causes the EPA to believe that a catastrophic spill will reach a navigable water of the United States.

13 Exempt or not? Reasonable Expectation Free-flowing Regime Total rain + spill volume = 16,395 gals Depth to groundwater = 300 ft Storage capacity (10 ft) = 203,655 gals will NOT reach groundwater Total spill attenuation over path = 733 gals WILL reach river SPCC Plan is required

14 Exempt or not? NOT a Reasonable Expectation Dry Overland Flow Regime Total rain + spill volume = 3,810 gals Depth to groundwater = 240 ft Storage capacity (10 ft) = 40,451 gals will NOT reach groundwater Total spill attenuation over path = 29,844 gals will NOT reach river SPCC Plan is NOT required

15 Regulatory relief Motive Power Containers Definition - Any onboard bulk storage container used primarily to power the movement of a motor vehicle, or ancillary onboard oil-filled operational equipment. A FUEL TANK! EXEMPT from the Spill Rule.

16 Regulatory relief Qualified Facilities (see section NEW) Definition - A facility with aggregate aboveground storage of 10,000 gallons or less AND also having no single 1,000-gallon spill OR no two spills, each exceeding 42 gallons, within any 12-month period during the 3 years prior the date of the certified SPCC Plan. The spill amounts pertain exclusively to oil that actually reaches a navigable water. May self-certify Plan without hiring a PE. More leeway re: Integrity Testing and Security. Alternative measures still require PE certification.

17 Regulatory relief Oil-filled Operational Equipment (including mobile transformers / mobile substations) Definition - Equipment that contains oil strictly dedicated to the support of the equipment or device. Qualifying Equipment - No single 1,000-gallon spill OR no two spills, each exceeding 42 gallons, within any 12-month period during the 3 years prior the date of the certified SPCC Plan. The spill amounts pertain exclusively to oil that actually reaches a navigable water. May AVOID secondary containment WHEN an oil spill Contingency Plan AND an Inspection or Monitoring Program are utilized. Impracticability determinations NOT required. More leeway re: Integrity Testing and Security.

18 Regulatory relief Contingency Plan elements (see 40 CFR 109.5) Responsible persons, authorities, and agencies to contact Notification procedures Identify key areas at risk Commitment of spill response resources Listing of reliable and responsive facility Spill Response Team Well-defined and specific spill response actions OPTIONS - Include a standalone Contingency Plan with SPCC Plan OR simply include above elements into SPCC Plan. If a Facility Response Plan already exists, a Contingency Plan is not necessary. A sample Contingency Plan is available in the SPCC Guidance for Regional Inspectors at

19 Regulatory relief Upcoming actions by the EPA Extend compliance deadline to July 1, 2009 otherwise, nothing very exciting Revisions for facilities handling animal fats and vegetable oils Issues relating to farms Issues relating to the oil industry Loading racks / Loading areas - redefining them

20 Secondary containment Pleasant Above ground transfer piping does not need secondary containment I would accept your judgement on whether a dike bottom is impervious, especially if you worked up a rationale EPA Region 10 Piping - no SC required, only corrosion protection and keeping leaks on property PE-friendly language (ie, giving the engineer some leeway ) could not reasonably be expected CFR 112.1(d)(1)(i) --- may EXEMPT you from 40 CFR 112 altogether! sufficiently impervious CFR 112.7(c)(1)(i) & 40 CFR 112.8(c)(2) --- may EXEMPT you from installing EXPENSIVE liners and berms

21 Piping runs

22 Impervious liners

23 Preparing an SPCC Plan Site visit (unless self-certifying, must be performed by a PE or his/her unbiased agent) Photographs (oil-filled equipment, facility, surrounding land, and SC, if any) Site sketch (locate equipment, tanks, SC, and/or diversionary structures) Site drainage patterns (for spill prediction) Locations of drainage outlets (so you can recommend CLOSING them!) Housekeeping issues (existing or potential) Identify and locate sensitive receptors (to future spills)

24 Management Approval Facility Information The New (and final) SPCC Rule Preparing an SPCC Plan Key elements Spill prevention, spill control, spill cleanup and waste disposal Spill response procedures - who s responsible, who do you notify, and who does what. Coordinate spill responses with the Fire Department! Spill predictions - helpful for future spill response actions Secondary Containment - not required for oil-filled operational equipment. Required for oil-storage tanks. Anticipate fire-quenching systems! (see below) Inspections / Tests / Records - tank integrity testing still required for facilities that STORE oil / fuel. Maintain records for at least 3 years. Training / Facility Security - to minimize or prevent future spills.

25 Spill response

26 Spill response

27 THE IDEAL PROCESS Identify facility status - healthy discourse with Ops Manager really helps! If justified, perform a Compliance Review on remote facilities Write aggressive Spill Response Plans for EXEMPT facilities Write draft SPCC Plans for remaining facilities Get timely and accurate feedback from Client FINALIZE SPCC Plans and assist Client with implementation Implement time-consuming elements LONG before October 31, 2007 (have sufficient breathing room to handle surprises)

28 No SPCC Plan The New (and final) SPCC Rule Common deficiencies found by EPA inspectors SPCC Plan not certified by a licensed PE Plan not approved by Management Failure to address all regulatory and technical requirements Failure to prepare SPCC Plan, as per good engineering practices Plan properly prepared, but no implementation of elements Boilerplate SPCC Plan that isn t site specific (ie, too generic) Key site personnel not knowledgeable about SPCC Plan elements (sometimes not even aware of SPCC Plan! oops )

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