Overview of EPA s Facility Response Plan Rule

Presentation to DLA Worldwide Energy Conference April 2017 Overview of EPA s Facility Response Plan Rule J. Troy Swackhammer U.S. EPA, Office of Emergency Management

Presentation Overview I. Introduction Overview of FRP statute and regulation Hazard Evaluation/Vulnerability Analysis II. FRP Training and Exercise Requirements III. Implementing a GIUE IV. Evaluating GIUE Performance 2

Oil Pollution Act of 1990 and Clean Water Act Section 311(j)(5) of CWA, amended by OPA 1990 A Facility Response Plan shall: (i) be consistent with the requirements of the National Contingency Plan and Area Contingency Plans; (ii) identify the qualified individual having full authority to implement removal actions, and require immediate communications between that individual and the appropriate Federal official and the persons providing personnel and equipment pursuant to clause (iii); 3

Oil Pollution Act of 1990 and Clean Water Act (continued) (iii) identify, and ensure by contract or other means approved by the President the availability of, private personnel and equipment necessary to remove to the maximum extent practicable a worst case discharge (including a discharge resulting from fire or explosion), and to mitigate or prevent a substantial threat of such a discharge; (iv) describe the training, equipment testing, periodic unannounced drills, and response actions of persons on the vessel or at the facility, to be carried out under the plan to ensure the safety of the vessel or facility and to mitigate or prevent the discharge, or the substantial threat of a discharge; (v) be updated periodically; and (vi) be resubmitted for approval of each significant change. 4

National Spill Of National Significance (SONS) Exercise Regional Spill Contingency Planning Framework Area Exercise National Contingency Plan National Response Team 16 Federal Agencies Area Contingency Plans Regional Response Team Federal agencies, State and Local government Local / Facility Area 1 Area 2 Facility Exercise Area Sub-Areas Facility Response Plans Facility owner/operator Spill response contractors Facility 1 Facility 2 Facility 5

Number of FRP Facilities by EPA Region 400 257 164 182 600 304 197 257 535 1,689 Current Count : 4,585 FRP Plan holders 6

Regulatory History July 1, 1994: Final Rule published in the Federal Register; plans due Aug. 30, 1994 October 20, 1997: EPA denies a petition to amend the FRP rule for animal fats and vegetable oils (AFVOs) June 30, 2000: EPA promulgates a Final Rule amending FRP requirements for facilities that handle, store or transport AFVOs; plans due July 31, 2000 Establishes different factors calculating on-water and onshore recovery capabilities for worst case discharge of AFVOs 7

EPA s FRP Regulation 40 CFR part 112, Sections 112.20 and 112.21, Appendices C - F 112.20 - Requirements to prepare plans to respond to worst-case discharge of oil Substantial harm criteria include [112.20(f)(1)]: 42,000 gallons or more in oil storage capacity and transfers oil over water to/from vessel 1 million gallons or greater in oil storage capacity, and Inadequate secondary containment; or Could impact fish and wildlife or sensitive environment; or Could shut down a public drinking water intake; or Experienced reportable discharge of 10,000 gallons or more in last 5 years Other factors as determined by Regional Administrator EPA must approve the plans for significant and substantial harm facilities. 8

FRP-Specific Appendices C Substantial Harm Criteria Applicability criteria flowchart (Attachment C-I) Template for certification form (Attachment C-II) Procedures for calculation of planning distance (including oil transport on moving water, still water or tidal waters, and overland transport) D Worst Case Discharge Planning Volume Onshore storage or production facilities with single or multiple tanks E Required Response Resources for FRPs Consideration given for oil group (petroleum, AFVOs, etc.) and operating environment (rivers and canals, inland, Great Lakes, oceans) F Model Facility Specific Response Plan 9

Substantial Harm Criteria: EPA RA Determination Owner/operator applied self-identification criteria improperly Owner/operator applied self-identification criteria properly, but RA still believes the facility poses the risk of substantial harm based on criteria in 112.20(f)(2): Type of transfer operation Oil storage capacity Lack of secondary containment Proximity to fish and wildlife and sensitive environments and other areas determined by the RA to possess ecological value Proximity to drinking water intakes Spill history Other site-specific characteristics and environmental factors that the RA determines to be relevant 112.20(f)(2) 10

Relevant FRP Content 1. 2. 3. 4. 5. Emergency Response Action Plan (ERAP) Facility Information Information about Emergency Response Hazard Evaluation Response Planning Levels (including WCD calculation) 6. Discharge Detection Systems 7. Plan Implementation 8. Self-Inspection, Drills/Exercises, and Response Training 9. Diagrams 10.Security Systems 11.Response Plan Cover Sheet 11

Hazard Identification Develop schematic drawing Label using numbers from the tank and surface impoundment (SI) forms Identical to schematic drawing in SPCC plan Describe facility operations Loading/unloading of transportation vehicles (trucks, railroad cars, vessels, etc.) Activities such as scheduled venting, piping repair or valve maintenance, repair or replacement Material involved in transfer operations Secondary containment volume associated with bulk storage containers and transfer points Normal daily throughput and impacts of 112.20(h)(4) changes in throughput Appendix F, Sec 1.4 12

Vulnerability Analysis Addresses the potential effects of an oil spill (to human health, property, or the environment) Using planning distance, identify the following areas within the trajectory of a discharge and discuss the vulnerability of each: - Water intakes - Endangered flora & fauna - School & medical facilities - Transportation routes - Residential areas & businesses - Utilities - Wetlands & other sensitive environments - Fish & wildlife areas - Lakes and streams - Recreational parks (e.g. public parks) - Other areas of economic importance 112.20(h)(4) Appendix F, Sec 1.4 13

Example Planning Distance What resources could be affected? Facility 14

FRP Spill Response Planning Levels Planning scenario Oil volume Small 2,100 gallons or less Medium Greater than 2,100 gallons but less than or equal to 36,000 gallons or 10 percent of largest tank at facility, whichever is less Worst Case Calculated based on type of facility, number of containers, whether secondary containment is adequate, and capacity of largest aboveground storage tank (AST). Often the capacity of the largest AST. 15

Scenario Description For each scenario, address factors that affect response efforts, including: Spill volume Material discharged Location of discharged material Direction of spill pathway Proximity to wells, waterways, drinking water intakes, fish and wildlife, and sensitive environments Weather or aquatic conditions Likelihood that the discharge will travel offsite Probability of a chain reaction of failures Available remediation equipment Circumstances and contributing factors (e.g. loading/unloading, facility maintenance, facility piping, pumping stations and pumps, bulk storage containers, vehicle refueling, age and condition of facility and components) 16

Response Planning Levels WCD Calculation (continued) Onshore Storage Facilities with Multiple Tanks If all aboveground storage If all ASTs have inadequate tanks (ASTs) have adequate secondary containment: secondary containment: WCD = capacity of largest AST WCD = total capacity of all ASTs If one or more AST(s) without adequate secondary containment: WCD = total capacity of all ASTs without adequate secondary containment + capacity of largest AST within adequate secondary containment Note: permanently manifolded tanks are calculated as one AST [Appendix D, Part A.2] 17

Response Planning Levels WCD Calculation (continued) Onshore Storage Facilities with Multiple Tanks and Groups of Oil If a facility handles, stores, or transports oil from different oil groups, the facility must calculate the worst case discharge for each oil group separately, unless the oil group constitutes < 10% by volume. [Appendix E, Part 7] 18

Response Planning Levels Example Onshore Facility-Adequate Secondary Containment and WCD (continued) What are the small, medium and worst case discharge planning volumes for this hypothetical facility? Oil Group Total Storage Capacity (gallons) % of Total Facility Storage Capacity, 12,160,000 gallons 1 (gasoline/kerosene) 6,205,000 51 2 (diesel/heating oil) 4,205,000 35 3 (lube oil) 1,000,000 8 750,000 6 4 (boiler fuel) The facility must calculate the worst case discharge for each oil group separately, unless the oil group constitutes < 10% by volume. 19

Diagrams Site plan diagram Drainage diagram Evacuation plan Diagrams showing locations of tanks, drums, OFE (electrical), surface impoundments, plus secondary containment systems (location and capacities [follow SPCC plan] 112.20(h)(9) Appendix F, Sec 1.9 20

Diagrams Site Plan Diagram includes and identifies: Entire facility to scale ASTs, USTs, drum storage areas, process buildings, transfer areas, and electrical equipment containing oil Contents and capacities of bulk oil storage tanks, drum storage sites, and surface impoundments Secondary containment systems, locations and capacities Hazardous material storage sites (including materials stored and capacity Locations of communication equipment and emergency response equipment The interface between EPA regulated facilities and the portion regulated by other agencies (for complexes only) 21

Presentation Overview I. Introduction II. FRP Training and Exercise Requirements FRP content relevant to exercise and drill Spill response planning levels and scenarios Revised PREP guidelines III. Implementing a GIUE IV. Evaluating GIUE Performance 22

Relevant FRP Content 1. 2. 3. 4. 5. 6. 7. 8. Emergency Response Action Plan (ERAP) Facility Information Information about Emergency Response Hazard Evaluation Response Planning Levels Discharge Detection Systems Plan Implementation Self-Inspection, Drills/Exercises, and Response Training 9. Diagrams 10.Security Systems 11.Response Plan Cover Sheet 23

FRP Training and Exercise Requirements 112.21 - Requirements for training and program of drills/exercises Training ( 112.21(b)) Train personnel involved in oil spill response activities Recommendation that training program be based on USCG s Training Elements for Oil Spill Response Alternative program is acceptable, subject to approval by the Regional Administrator Facility Response Drills/Exercises ( 112.21(c)) Develop a program of drills/exercises, including evaluation procedures Program that follows National Preparedness for Response Exercise Program (PREP) will satisfy the requirement Alternative program is acceptable, subject to approval by the Regional Administrator 24

FRP Training and Exercise Requirements (continued) Purpose of Exercise: Demonstrate timely, properly conducted response that follows the FRP with adequate equipment for a small discharge. Exercise Type: Plan holder Exercises: Initiated by facility owner/operator External Exercises: Government-initiated (e.g., GIUE) and area exercises 25

Self-Inspection, Drills/Exercises, and Response Training Use the National Preparedness and Response Exercise Program (PREP) guidelines or equivalent Combination of internal and external exercises Range of exercises covering all aspects of the FRP over a 3-year cycle Satisfies all OPA-mandated Federal Oil Pollution Response Exercise Requirements All alternative programs must be approved by the Regional Administrator prior to implementation Facility receives credit for Area or Facility-specific exercises for actual response to a spill if: Plan was utilized for response PREP objectives were met The response was properly evaluated, documented, and self-certified 26

2016 National Preparedness for Response Exercise Program (PREP) Guidelines Revised PREP guidelines became available April 11, 2016 in a USCG FRN (81 FR 21362). Guidelines became effective June 10, 2016. PREP was developed to establish a workable exercise program that meets the intent of section 4202(a) of the Oil Pollution Act of 1990 (OPA 90). PREP provides a mechanism for compliance with rule-related exercise requirements. See EPA link at: https://www.epa.gov/oil-spills-preventionand-preparedness-regulations/2016-national-preparednessresponse-exercise 27

PREP Guidelines Revisions by EPA Added OSRO familiarization training recommendation to Section 2. Added flexibility on the lengths of containment boom and alternatives to booming systems for inland plan holders in Section 2. Alternatives include underflow dams, temporary containment dams, weirs and culvert plugs. No substantive changes made to EPA s Section 4. 28

2016 PREP Guidelines OSRO Familiarization Training 2.3.6.1 OSRO Involvement in Equipment Deployment Exercises Plan holders are encouraged to conduct familiarization training with each OSRO cited in the response plan to provide information such as equipment launching locations, tides and currents of the local area, and any other logistical problems or information specific to the particular area. This familiarization training may include a walk-through or actual equipment deployment as appropriate, such that each OSRO can be made aware of any logistical problems related to equipment deployment. It is the plan holder's responsibility to ensure that the OSRO has 29 completed response exercise requirements.

2016 PREP Guidelines Booming Systems 2.3.6.6.1 Oil Response Systems Section 4. Booming Systems. Booming systems include protective and containment boom not exercised as part of a skimming or ISB system described above; 1,000 feet (or total amount of boom listed in plan, whichever is less, particularly for inland plan holders located near small water bodies) of each protective or containment boom system or alternative system listed in the plan and relied on by the plan holder in meeting response equipment capability requirements should be deployed. 30

2016 PREP Guidelines Alternatives to Booming Systems Section 4. Booming Systems (cont d) h. Alternative systems, particularly for inland plan holders, may include the following: i. Temporary dams ii. Underflow dams iii. Weirs iv. Inflatable diaphragms for drainage culverts These alternative systems may be used by the plan holder in the initial response to an oil discharge in conjunction with booming systems, which may be used further downstream 31 in the planning distance.

2016 PREP Guidelines Alternatives to Booming Systems 2.3.7.2 Government-Initiated Unannounced Exercises 2.3.7.2.3 Non-Transportation-Related Facilities Regulated by the EPA Performance metrics to think about for FRP development: Arrival of containment boom and/or alternative systems as specified in the FRP within one hour of detection of the discharge and subsequent successful deployment. For alternative systems using temporary dams or underflow dams, simulated installation of these systems according to the FRP is expected to be performed for a successful GIUE. For plans using both containment boom and alternative systems, successful boom deployment and simulated installation of the alternative systems is expected for a successful GIUE. 32

PREP Exercise Components Element Frequency* Initiating Authority Notes QI Notification Exercises Quarterly Facility owner At least one exercise conducted during or operator non-business hours. Emergency Procedures Exercises Quarterly Facility owner Optional: can be used by facilities as an or operator unannounced exercise. Incident Management Team Tabletop Exercise Annually Facility owner At least one exercise every 3 years must or operator involve a worst-case discharge scenario. Equipment Deployment Exercises GovernmentInitiated Unannounced Exercises Semiannually Facility owner or operator (Annual for OSROdependent) Triennially EPA, USCG If OSRO-owned equipment is identified in the Plan, the OSRO equipment must also be deployed and operated. OSRO must provide documentation to facility owner or operator, if OSRO dependent. If successfully completed, the facility can only be subject to a GIUE once every 3 years. * At least one exercise per year must be unannounced. 33

Response Capability: Small Discharge Appendix E, Section 3.3: The response resources shall, as appropriate, include: Equipment Capacity Timeline Citation Containment Boom* 1,000 feet or Twice the length of the largest vessel that regularly conducts oil transfers to or from the facility (whichever is greater) Means of deploying within 1 hour of the discovery of an oil discharge Appendix E, Section 3.3.1 Oil Recovery Devices Effective daily recovery capacity equal to the amount of oil discharged in a small discharge or greater Available at the facility within 2 hours of the discovery of an oil discharge Appendix E, Section 3.3.2 Oil Storage Capacity Daily storage capacity equivalent to twice the effective daily recovery capacity, unless the owner/operator can show that a lower capacity is adequate Available at the facility Appendix E, Section 12.2 * Other means of containment may be appropriate for inland facility (see next slide) 34

Containment Boom Alternatives Tie-in to Appendix E, Section 3.3.1, As Appropriate For example: Alternative strategy may be more appropriate for inland facilities, where spill pathway could be a dry drainage pathway or small stream Alternatives include: Underflow dams Temporary containment dams (soil, etc.) Inflatable diaphragms, culvert plugs 35

Presentation Overview I. Introduction II. FRP Training and Exercise Requirements III. FRP Inspections and GIUEs FRP Inspections Preparing for GIUE During the GIUE IV. Evaluating GIUE Performance 36

FRP-related Inspection Activities QI Interview Evaluate overall knowledge of the person(s) identified as QI or key personnel in the Plan and who would be charged with directing/performing response actions. Field inspection Verify the implementation of the preparedness measures described in the FRP. Government-Initiated Unannounced Exercise Verify that facility is able to activate its plan and respond to a simulated discharge incident. 37

QI Interview Verify that QI understands responsibilities and is the person responsible for implementing the facility s FRP. Discussion topics, regarding the handling of a worst-case discharge: Discharge discovery and assessment Notifications and mitigation measures Temporary storage of recovered product and contaminated materials Treatment and disposal of contaminated materials Roles and responsibilities of response team and other facility or contractor employees Incident command and control Training, exercise, and evaluation 38

Field Inspection Hazard evaluation and vulnerability analysis Are assumptions reasonable given facility conditions? Review discharge history, areas where discharges could occur, anticipated spill pathway (e.g., storm drains) Are there vulnerable sites not considered in the plan (e.g., water intakes, residential or recreational areas, wetlands)? Worst-case discharge scenario and planned response actions Are assumptions regarding volume and failure mode reasonable? Confirm tankage and secondary containment Have there been changes in the facility characteristics not reflected in the current version of the Plan? 39

Field Inspection (continued) Spill response equipment Type and amount available at the facility? Adequate quantities? Readily accessible? In working condition? Contract with Oil Spill Removal Organization? Is it current? Discharge detection equipment and procedures Review logs and records of equipment inspection, assess employee knowledge of required procedures Security measures Implementation of emergency cut-offs, fencing, locking of valves, and lighting, as required under the SPCC rule. 40

Presentation Overview I. Introduction II. FRP Training and Exercise Requirements III. Implementing a GIUE IV. Evaluating GIUE Performance 41

Authority for Conducting Drills/Exercises Oil Pollution Act of 1990 311(j)(6)(A): Equipment Inspections 311(j)(7): Tests of Facility Removal Capability Exercises improve preparedness; practice makes perfect 42

Initiating the GIUE Inform the QI that you are at the facility to conduct an unannounced exercise Provide GIUE drill letter, if used Certain regions send letters in advance to all regional facilities, some do not provide letters Go over exercise guidelines with QI Start the exercise clock Discharge has just been discovered Oil has already reached water Overall exercise duration is up to 4 hours 43

During the GIUE Evaluate command post and response activities Intervene only for issues of health or safety Examples: personal flotation devices, imminent harm to personnel or third party Only QI should modify scenario exercised when site conditions are inconsistent with scenario described in the Plan Example: new construction which changes path of a waterway QI should identify a probable scenario and exercise that specific scenario 44

Evaluating GIUE Performance PREP Evaluation Factors: Conducting proper notifications Arrival of containment boom as specified in the FRP within one hour of detection of the discharge and subsequent successful deployment ( boom in the water ); Arrival of oil recovery devices as specified in the approved response plan within two hours of detection of the discharge and the subsequent successful operation/simulated recovery; Demonstrating the availability of adequate storage capacity for recovered oil; and Properly conducting the exercise considering the size of a small discharge including skill and competency of responders and material readiness of response equipment. 45

Evaluating GIUE Performance (continued) Debrief with QI/facility personnel and OSROs. Consequences of pass/fail A facility that successfully completes a GIUE cannot be subject to another GIUE for 3 years Failure of a GIUE may require the planholder to participate in additional unannounced exercises, revise the existing response plan, or both. In the event of GIUE failure, the Region may choose to perform further inspection of the facility. In certain instances, EPA may revoke approval of FRP on the basis of GIUE performance until changes are made. Based on failure of a GIUE, the FRP coordinator may recommend to upgrade the facility to a significant and substantial harm facility. Follow-up Verify implementation of recommended improvements. 46

GIUE Problem Areas Reminder: Goal is to observe how a facility implements their FRP; we are evaluating their performance against their FRP. Examples of GIUE failure field observations: Contractor identified in the Plan did not arrive at the facility during the duration of the exercise. Facility personnel or OSRO were unable to deploy a containment boom due to access issues, inappropriate equipment, lack of training with equipment. Copy of the FRP was not available at the facility, so personnel could not implement the Plan. Facility lacked communications equipment identified in the FRP Site selected for boat and boom placement was not consistent with the FRP. The Plan contained incorrect telephone numbers for spill notifications (state agency, NRC, local responders). Facility was unable to notify appropriate entities. 47

Boom Deployment Problems Can facility personnel and/or OSRO deploy the boom? Is the boom properly deployed? Do they have the required equipment? Do they have access to boom deployment sites and anchor points? Proper anchoring, proper flotation, proper tension No twists or gaps? Is the boom properly rated for the stream flow rate? Is the boom maintained in a way to allow for rapid deployment? Does the facility have the appropriate hardware needed to link boom sections and stake the boom???? 48

Follow-up from Regions after an Inspection or GIUE Immediately following an inspection or exercise, EPA will leave a Notice of Inspection form (coming). If there are field deficiencies, EPA will follow-up with a letter, typically within 30-45 days. Plan amendment may be required as a result of field deficiencies. Successful completion of a GIUE is typically documented in a letter as well. Unsuccessful completion may lead to follow-up exercise. 49

Questions? HQ Contact: J. Troy Swackhammer 202-564-1966 swackhammer.j-troy@epa.gov R3 Coordinator: Arlin Galarza-Hernandez SPCC/FRP Inspector/Coordinator 215-814-3223 galarza-hernandez.arlin@epa.gov 50