EPA Region 2 Update. Presenter: Francesco Maimone Oil Enforcement Coordinator Date: November 9, 2016 For: 4 th NY Storage Tank Conference

Transcription

1 EPA Region 2 Update 1 Presenter: Francesco Maimone Oil Enforcement Coordinator Date: November 9, 2016 For: 4 th NY Storage Tank Conference \ Environmental Protection Agency

2 2 Overview of Tank-Related Regulatory Programs Programs for chemical release and oil spill prevention Emergency Planning & Community Rightto-Know Act Section 311/312 (EPCRA 311/312) Chemical & Oil Annual Report Wide Range of Industries Risk Management Program (RMP) Chemical (toxics & flammables) Implemented Plan; submission to EPA Ammonia refrigeration, water treatment, chemical warehousing, gas suppliers Environmental Protection Agency General Duty Clause (GDC) Spill Prevention Control & Countermeasure (SPCC) Usually Chemicals Oil Oil Facility must run safe operation Wide Range of Industries Implemented Plan; no submission to EPA Wide Range of Industries, backup power generation to refineries Facility Response Plan (FRP) Implemented Plan; submission to EPA Refineries, bulk storage terminals

3 3 Overview of Tank-Related Notification Programs Programs for chemical release and oil spill release notification Emergency Planning & Community Rightto-Know Act Section 304 (EPCRA 304) Comprehensive Env. Response, Compensation, & Liability Act Section 103 (CERCLA 103) Spill Rule (40 CFR 110) Region 2 Emergency Operations Center Chemical Chemical Oil Chemical & Oil Notification to State & Locals Notification to National Response Center (NRC) Notification to National Response Center (NRC) Notification to R2 (usually received through NRC) Air, Water, Soil Air, Water, Soil Water Air, Water, Soil A release is usually a sign that a prevention program has failed! Environmental Protection Agency

4 Objective of SPCC To prevent oil spills (facility-based) from reaching navigable waters of the United States and adjoining shorelines.

5

6 6

7 SPCC Applicability

8 SPCC Plan Regulated facilities are required to create and implement a SPCC Plan (112.3) A SPCC Plan contains procedures that address: Changes to oil operations (Plan Amendment) Inspections & Tests of Tanks & Piping Facility Security Discovery/cleanup of oil Secondary Containment Oil Transfers Facility Drainage Regulated facilities are required to implement these procedures!

9 Easy Concepts There is no SPCC registration requirement Oil containers 55-gallons and greater are regulated [112.1(f)(2)(ii)] Completely Buried Containers (Underground Storage Tanks) regulated by 40 CFR 280 & 281 are exempt [112.1(f)(2)(i)] A Professional Engineer ultimately certifies that the SPCC Plan is appropriate for the facility [112.3(d)] Initial & Annual Training [112.7(f)]

10 Easy Concepts Management Approval is needed [112.7] A copy of the Plan must be present & available for review for facilities manned for more than four hours [112.3(e)] Plan must be reviewed at least every 5 years [112.5(b)]

11 Core SPCC Concepts

12 Secondary Containment Sized Secondary Containment [112.8(c)(2)] Requires sufficient volume to contain largest tank in the containment structure with an allowance for precipitation Also applies to loading racks for the largest compartment tank truck Can be accomplished through a diked structure, retention/drainage pond or other drainage system

13 SUFFICIENT SECONDARY CONTAINMENT? 13

14 14

15 Secondary Containment General Containment [112.7(c)] Requires sufficient secondary containment for likely spill scenarios at piping, oil-filled equipment, and transfer areas. Methods can be passive or active: Traditional containment structure: concrete, metal, earthen (passive) Spill pads, absorbents, etc. (active) Covering storm sewer prior to transfer (active)

16 Facility Drainage [112.8(b)]/ 112.8(c)(3)] Diked Areas: Restrain drainage with: Valves (open-and-close design) or Pump (manually activated) or Properly designed treatment Inspect/document for presence of oil prior to discharge

17 Facility Drainage [112.8(b)]/ 112.8(c)(3)] Undiked Areas: Restrain drainage with: Properly designed drainage system (retention ponds, lagoons, catchment basins designed to retain or return oil) Diversionary System

18 Secondary Containment/Facility Drainage What to Look For/Address: Capacity of the system to contain oil Cracks and discoloration in containment system materials Presence of spilled or leaked material (standing liquid) Corrosion and/or erosion of the system Level of precipitation in diked area and available capacity versus design capacity; drainage records Dike or berm permeability Presence of debris Operational status of drain valves or other drainage controls (open valves) Excessive vegetation Holes or penetrations to the containment system created by burrowing animals Are active containment measures appropriate, present and deployable

19 Visible Oil [112.8(c)(10)] Visible oil on tanks and in containment structures are not allowed Indicative of a lack of an appropriate preventative maintenance program or leaking primary container Inadequate frequency of visual inspections and tests Inadequate detection of equipment failure Indicative of an overfill

20 20

21

22 Integrity Testing [112.8(c)(6)]/[112.8(d)(4)] Failure of a container may be indicative of a lack of an appropriate preventative maintenance and/or integrity testing program Inadequate frequency of visual inspections and tests Testing in accordance with industry standards is likely not being conducted Can lead to a discharge Must be in accordance with industry standard

23 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

24 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

25 25

26 Slide 25 HM13 note this is also a UST used as an AST Howard, MarkW, 5/10/2016

27 Inspections & Tests [112.7(e)] Conduct inspections/tests developed by owner/operator or PE Keep written records (3 yrs, suggest lifetime for tank records) Records must be signed by appropriate supervisor/inspector

28 Facility Security [112.7(g)] Goals are to prevent unauthorized access to oil handling areas, deter vandalism, promote safe operations Is the facility, or oil handling areas, protected with: Fence Security personnel Locks Pump controls/cutoffs

29 28 Facility Response Plan Environmental Protection Agency

30 SPCC-FRP Relationship SPCC Facilities (~580,000) FRP Facilities (4,279)

31 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

32 Certification Form (Attachment C-II) If the owner/operator determines that the facility could not, because of its location, reasonably be expected to cause substantial harm, he/she must complete and maintain the certification form contained in Appendix C [ (e)] If an alternative formula is used to evaluate FRP applicability criteria, documentation must be attached to the certification form, and the owner/operator must notify the EPA RA that an alternative formula was used [ (e) and (a)(3)] All facilities with an SPCC Plan should maintain a copy of the FRP certification form at the facility, unless the facility has prepared an FRP 31

33 32

34 Qualified SPCC Facilities

35 Qualified Facility An Overview Smaller oil storage facilities, with less than 10,000-gallons in aboveground storage capacity and no significant spill history, are eligible for streamlined regulatory requirements Self-certified SPCC Plan instead of one reviewed and certified by a Professional Engineer Streamlined integrity testing requirements Two types of Qualified Facilities Tier I qualified facilities (template) Tier II qualified facilities Hybrid Plan is a Tier II Plan with environmental equivalence or impracticability portions of the Plan certified by a PE 34

36 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.

37 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 36

38 How to Have a Successful SPCC Inspection

39 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.

40 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

41 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

42 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 itself is available for review

43 The Effective Chemical Risk Management Project 42 Executive Order Chemical Facility Safety and Security Region 2 Pilot

44 43 Executive Order on Chemical Facility Safety & Security Signed August 1, 2013 Driven by recent chemical accidents (e.g. West, TX fertilizer facility April 17, 2013) 15 people killed, 160 injured, 150 buildings damaged or destroyed Areas of effort: Improving Operational Coordination with State, Local, and Tribal partners Enhancing Federal Coordination Enhancing Information Collection and Sharing Modernizing Regulations, Guidance, Policy, and Standards Identifying Best Practices

45 EPA Region 2 SPCC/FRP Contacts Ellen Banner Section Chief Banner.Ellen@epa.gov Francesco Maimone Oil Program Coordinator Maimone.Francesco@epa.gov Michael Hodanish Oil Enforcement Coordinator Hodanish.Michael@epa.gov

46 45 EPA Oil Spill Prevention & Preparedness Website Environmental Protection Agency