2008 spcc rule amendments 2008 spcc rule amendments donald p smith us environmental protection...
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2008 SPCC Rule 2008 SPCC Rule Amendments Amendments
Donald P SmithDonald P SmithUS Environmental Protection US Environmental Protection
AgencyAgencyRegion VIRegion VIMay, 2009May, 2009
Current StatusCurrent Status
What’s the SPCC Rule?What’s the SPCC Rule?
Spill Prevention, Control, and Countermeasure ruleSpill Prevention, Control, and Countermeasure rule Oil Pollution Prevention regulation (40 CFR part 112) Oil Pollution Prevention regulation (40 CFR part 112)
Specifies requirements for prevention of, preparedness Specifies requirements for prevention of, preparedness for, and response to oil discharges for, and response to oil discharges
Includes requirements for Facility Response Plans Includes requirements for Facility Response Plans (FRPs) (FRPs)
Requirements help prevent oil discharges from reaching Requirements help prevent oil discharges from reaching navigable waters or adjoining shorelines. navigable waters or adjoining shorelines.
Certain facilities are required to develop SPCC Plans that Certain facilities are required to develop SPCC Plans that describe equipment, workforce, procedures, and training to describe equipment, workforce, procedures, and training to prevent, control, and provide adequate countermeasures to prevent, control, and provide adequate countermeasures to a discharge of oil.a discharge of oil.
2008 SPCC Rule Amendments2008 SPCC Rule Amendments
Published in the Published in the FRFR on on December 5, 2008December 5, 2008 Address areas highlighted in the EPA Regulatory Address areas highlighted in the EPA Regulatory
Agenda and the 2005 OMB report ‘‘Regulatory Agenda and the 2005 OMB report ‘‘Regulatory Reform of the U.S. Manufacturing Sector’’Reform of the U.S. Manufacturing Sector’’
Address a number of issues raised by the regulated Address a number of issues raised by the regulated communitycommunity
Increase clarityIncrease clarity Tailor and streamline certain requirementsTailor and streamline certain requirements Facilitate compliance by owners and operators of a Facilitate compliance by owners and operators of a
facilityfacility
Current Status of Rule Current Status of Rule AmendmentsAmendments
EPA extended the effective date of the EPA extended the effective date of the revised SPCC rule amendments by 60 revised SPCC rule amendments by 60 days days until April 4, 2009until April 4, 2009
Public comment on all aspects of the rule is Public comment on all aspects of the rule is requested.requested.
Therefore, Therefore, amendments are currently not in amendments are currently not in effecteffect and and subject to changesubject to change before they before they become effective. become effective.
Timeline of EventsTimeline of Events
Dec. 5, 2008SPCC Rule
Amendments Published in Federal
Register
Jan. 20, 2009Memo for Heads of Exec.
Depts. and Agencies Issued by Rahm Emanuel
Jan. 21, 2009OMB Memo:
Implementation of Memorandum Concerning
Regulatory Review
Feb. 3, 2009FR Notice: Delay of
Effective Date and Request for Comment
Mar. 5, 2009Comment Period Ends
April 4, 2009Effective Date of
SPCC Rule
Memorandum for the Heads of Memorandum for the Heads of Executive Departments and Executive Departments and
AgenciesAgencies Issued January 20, 2009 by President Obama’s Chief of Issued January 20, 2009 by President Obama’s Chief of
Staff, Rahm EmanuelStaff, Rahm Emanuel Requests the following steps:Requests the following steps:
No proposed or final regulation sent to Office of the No proposed or final regulation sent to Office of the Federal Register, unless reviewed and approved by Federal Register, unless reviewed and approved by Obama AdministrationObama Administration
Withdraw from OFR of all proposed or final regulations Withdraw from OFR of all proposed or final regulations not yet published in FR, pending review and approvalnot yet published in FR, pending review and approval
Consider extending for 60 days the effective date of Consider extending for 60 days the effective date of regulations that have been published in FR but not yet regulations that have been published in FR but not yet taken effecttaken effect
OMB Memo on Implementation of OMB Memo on Implementation of White House MemoWhite House Memo
Provides guidance on implementing paragraph 3, Provides guidance on implementing paragraph 3, “Consider extending for 60 days…”“Consider extending for 60 days…”
Provides 8 considerations to go over when deciding Provides 8 considerations to go over when deciding whether to extend the effective date of a regulation. These whether to extend the effective date of a regulation. These deal with:deal with: the rulemaking processthe rulemaking process substance of the rulesubstance of the rule objections to the ruleobjections to the rule access to facts and data by interested partiesaccess to facts and data by interested parties support of the final rulesupport of the final rule
If the rule satisfies these standards, you need do nothing If the rule satisfies these standards, you need do nothing further. further.
OMB Memo on Implementation of OMB Memo on Implementation of White House MemoWhite House Memo (continued)(continued)
To extend the effective date for further To extend the effective date for further review, promptly provide a 30-day notice-review, promptly provide a 30-day notice-and-comment period.and-comment period.
If, in light of the comments, extension of If, in light of the comments, extension of the effective date is appropriate, Agencies the effective date is appropriate, Agencies should consult with: should consult with: the Department of Justice’s Office of Legal the Department of Justice’s Office of Legal
Counsel (OLC)Counsel (OLC) the Office of Management and Budget’s Office the Office of Management and Budget’s Office
of Information and Regulatory Affairs (OIRA)of Information and Regulatory Affairs (OIRA)
SPCC: Delay of Effective Date SPCC: Delay of Effective Date and Request for Comment and Request for Comment
FRFR notice published February 3, 2009. notice published February 3, 2009. Delays the effective date of the SPCC rule Delays the effective date of the SPCC rule
amendments by 60 days.amendments by 60 days. The amendments will become effective April The amendments will become effective April
4, 2009.4, 2009. Public comment is requested on the Public comment is requested on the
extension of the effective date and its extension of the effective date and its duration, and on the amendments.duration, and on the amendments.
Public Comment Period Public Comment Period ExtensionExtension
Requested public comment on Requested public comment on all aspectsall aspects of the rule. of the rule. Specifically interested in public comment on:Specifically interested in public comment on:
the optional approaches for exempting or providing the optional approaches for exempting or providing containment for produced water containers; and containment for produced water containers; and
the criteria for the identification of oil production the criteria for the identification of oil production facilities that are qualified to prepare self-certified facilities that are qualified to prepare self-certified PlansPlans
Comments due March 5, 2009Comments due March 5, 2009 Docket ID No. EPA-HQ-OPA-2007-0584 Docket ID No. EPA-HQ-OPA-2007-0584
(same docket as 2007 proposal) (same docket as 2007 proposal)
SPCC Compliance DatesSPCC Compliance Dates
Final rule notice amending Final rule notice amending compliance dates was signed by compliance dates was signed by former Administrator Johnson in former Administrator Johnson in January 2009January 2009 Not published in FR; not effectiveNot published in FR; not effective
New effective date is January 14, New effective date is January 14, 20102010
What did the amendments look like?What did the amendments look like?
Overview of 2008 Overview of 2008 AmendmentsAmendments
ExemptionsExemptions Exempt hot-mix asphalt and hot-mix Exempt hot-mix asphalt and hot-mix
asphalt containersasphalt containers Exempt pesticide application equipment Exempt pesticide application equipment
and related mix containersand related mix containers Exempt heating oil containers at single-Exempt heating oil containers at single-
family residences family residences Exempt deferred USTs at nuclear power Exempt deferred USTs at nuclear power
generation stationsgeneration stations(continues…)
Amendments not effective until April 4, 2009; subject to public comment and EPA review
Overview of Amendments Overview of Amendments (continued)(continued)
Amended/Clarified DefinitionsAmended/Clarified Definitions Amend the definition of “facility” Amend the definition of “facility” Define and clarify requirements for a Define and clarify requirements for a
“loading/unloading rack”“loading/unloading rack”
Tier I Qualified FacilitiesTier I Qualified Facilities Provide further streamlined requirements Provide further streamlined requirements
for a subset of qualified facilities (“Tier I”)for a subset of qualified facilities (“Tier I”) Allow use of an SPCC Plan template Allow use of an SPCC Plan template
Amendments not effective until April 4, 2009; subject to public comment and EPA review
Overview of Amendments Overview of Amendments (continued)(continued)
Oil Production Facilities Oil Production Facilities Definition of Production FacilityDefinition of Production Facility SPCC Plan Preparation and Implementation Timeframe SPCC Plan Preparation and Implementation Timeframe Flowlines and Intra-facility Gathering Lines Flowlines and Intra-facility Gathering Lines Flow-through Process VesselsFlow-through Process Vessels Alternative Qualified Facility Eligibility Criteria for Alternative Qualified Facility Eligibility Criteria for
Production FacilitiesProduction Facilities Produced Water ContainersProduced Water Containers Oil and Natural Gas Pipeline Facilities Oil and Natural Gas Pipeline Facilities Definition of “Permanently Closed”Definition of “Permanently Closed”
Amendments not effective until April 4, 2009; subject to public comment and EPA review
Overview of Amendments Overview of Amendments (continued)(continued)
Other RevisionsOther Revisions Modify secondary containment requirement language at Modify secondary containment requirement language at
§112.7(c) to provide more clarity§112.7(c) to provide more clarity Revise facility diagram requirement to provide additional Revise facility diagram requirement to provide additional
flexibilityflexibility Exempt non-transportation-related tank trucks from the sized Exempt non-transportation-related tank trucks from the sized
secondary containment requirements secondary containment requirements Simplify security requirementsSimplify security requirements Amend the integrity testing requirements to allow greater Amend the integrity testing requirements to allow greater
flexibility flexibility Amend integrity testing requirements for animal fat and Amend integrity testing requirements for animal fat and
vegetable oil containers that meet certain criteria vegetable oil containers that meet certain criteria (continues…)
Amendments not effective until April 4, 2009; subject to public comment and EPA review
Overview of Amendments Overview of Amendments (continued)(continued)
Preamble ClarificationsPreamble Clarifications Clarify applicability of mobile refueler Clarify applicability of mobile refueler
requirements to farm nurse tanksrequirements to farm nurse tanks Clarify applicability of the rule to:Clarify applicability of the rule to:
Man-made structures Man-made structures Wind turbines used to produce electricityWind turbines used to produce electricity
Amendments not effective until April 4, 2009; subject to public comment and EPA review
Geographical Perspective Geographical Perspective Site Assessment Recon Tracking System (SARTS)Site Assessment Recon Tracking System (SARTS)