20th California Unified Program Annual Training Conference

APSA 201

• Mark Howard, EPA HQ • Janice Witul, EPA, Region 9 • Pete Reich, EPA, Region 9 • Jeremy Gates, Riverside County CUPA • Sande Pence, San Diego County CUPA • Daniel Yniguez, LA County CUPA

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APSA 201 AGENDA

• APSA Inspections- Jurisdiction and Applicability (10 min)

• Advanced SPCC/APSA Topics-REVIEW (30 min) • Spill reporting requirements-REVIEW (20 min) • SCENARIOS (45 min)

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General EPA 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; and/or • Completely buried storage > 42,000 gallons

§112.1

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Drills, produces, gathers, stores, processes, refines, transfers, distributes, uses, or consumes oil and oil products

• Drilling • Producing • Gathering • Storing • Processing

• Refining • Transferring • Distributing • Using • Consuming

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§112.1(b) 5

Drills, produces, gathers, stores, processes, refines, transfers, distributes, uses, or consumes oil and oil products

• “Oil” is defined in §112.2 • Includes oil of any kind or in any form including,

but not limited to: – Petroleum – Non-petroleum – Sludge – Synthetic Oils – Mineral Oils – Oil refuse – Oil Mixed with wastes other than dredged soil – Oil and water mixtures – Produced water that contains oil – Animal fats, oils, and greases – Vegetable oils

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§112.2 6

Meets capacity thresholds

Storage Capacity Thresholds • Provided it meets the other applicable criteria

set forth in §112.1, SPCC Rule applies to a facility with greater than: – 1,320 gallons of aggregate aboveground oil

storage capacity, or – 42,000 gallons of completely buried oil storage

capacity

§112.1(d)

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SPCC Rule Exemptions • Containers with a capacity <55

gallons • Facilities subject solely to

other agency jurisdictions • Underground storage tanks

subject to UST technical requirements

• USTs at nuclear power generation facilities

• Wastewater treatment facilities

• Permanently closed containers

• Motive power containers • Hot-mix asphalt (HMA) • Residential heating oil

containers (ASTs and USTs) • Pesticide application

equipment • Intra-facility gathering lines

subject to the requirements of 49 CFR part 192 or 195

• Milk and milk product containers and associated piping and appurtenances

§112.1(d) 8

Interrelationship Between APSA & the Federal SPCC Rule

• APSA is a California regulatory program established in HSC, Chapter 6.67 and implemented by UPAs

• The Federal SPCC rule is established in 40 CFR 112 and implemented by US EPA

• Tank facilities operating in California may be subject to requirements of both programs

• The requirements of each program are similar but not identical

• Facilities that are subject to APSA are required to prepare an SPCC Plan in compliance with all 40 CFR 112 requirements

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Interrelationship Between APSA & the Federal SPCC Rule

•US EPA has not delegated authority of the Federal SPCC rule to any state, including California

•US EPA still retains authority to administer, inspect, and enforce the Federal SPCC rule requirements at all California facilities subject to 40 CFR 112

•Facilities may be regulated under both APSA and the Federal SPCC rule

•APSA requirements are contained in California statute (Health and Safety Code-HSC) and generally refer to compliance with 40 CFR 112

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General Applicability for APSA Per HSC 25270.3, tank facilities are subject to APSA if: - They are subject to 40 CFR 112 or - They have a storage capacity of 1,320 gallons or

more of petroleum (regardless of proximity to navigable waters for most facilities) or

- They have a storage capacity of less than 1,320 gallons of petroleum and a Tank in Underground Area (TIUGA)

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Excluded Tanks Under APSA Tanks specifically excluded from the definition of an “aboveground storage tank”[HSC 25270.2(a)]:

• Boilers and pressure vessels • Hazardous waste tanks with a Department of Toxic Substances Control

(DTSC) permit for the tank • Oil production tanks regulated under Public Resources Code (PRC) 3106 • Permitted underground storage tanks (USTs) • Transportation-related tank facilities • Oil-filled electrical equipment (that meets certain conditions) • Tanks located on and operated by a farm that are exempt from the Federal

SPCC rule

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APSA regulates “petroleum” only SPCC regulates all types of oils • Crude oil, distillates and its fractions • Biofuels are included if they contain

petroleum • Used petroleum oils

• Petroleum based solvents, inks and paints

• 100% Synthetic oils and petroleum gases (e.g., propane, LNG) are not regulated under APSA

• Evaluate products through Safety Data Sheets (SDS)

• Petroleum (APSA Regulated) • Synthetic oil • Any type of mineral oil • Animal oil (including fats and

greases) • Vegetable oil (including nut oils)

In determining APSA applicability: Use only APSA regulated petroleum products

In determining 40 CFR 112.3(g) ‘qualified facility’ applicability: Use all oils

APSA Petroleum vs. SPCC Oils

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Facility is non-transportation-related (i.e., is not exclusively covered by DOI or DOT)

• Facilities are divided into three categories that identify agency jurisdiction: – Transportation related facilities – Non-transportation-related facilities – Complexes

• The determination was established through a series of Executive Orders (EOs) and Memoranda of Understanding (MOUs)

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Facility is non-transportation-related (i.e., is not exclusively covered by DOI or DOT)

Breakout Tanks • May be regulated by EPA, DOT, or both, depending on how the tank is

used. • NOT subject to EPA’s jurisdiction:

– Breakout tanks used solely to relieve surges in a pipeline, not used for any non-transportation-related activity (i.e., pipeline-in and pipeline-out configuration, and with no transfer to other equipment).

• Subject to both EPA and DOT jurisdiction: – Bulk storage containers used to store oil while also serving as a breakout tank

for a pipeline or other transportation-related purposes may be subject to both EPA and DOT jurisdiction.

• Appendix H includes diagrams that show EPA’s regulatory jurisdiction at complexes.

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Additional Guidance on Jurisdiction

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Facility is non-transportation-related (i.e., is not exclusively covered by DOI or DOT)

• Examples of non-transportation-related facilities (EPA Jurisdiction) – Fixed or mobile onshore and offshore oil drilling and production

facilities – Oil refining and storage facilities – Industrial, commercial, agricultural, and public facilities that use and

store oil – Waste treatment facilities – Loading racks, transfer hoses, loading arms, and other equipment used

to transfer oil in bulk to or from highway vehicles or railroad cars – Highway vehicles, railroad cars, and pipelines used to transport oil

within confines of non-transportation-related facility

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Facility is non-transportation-related (i.e., is not exclusively covered by DOI or DOT)

• Complex Facilities (EPA and DOT Jurisdiction) – A facility with both transportation related and non-

transportation-related activities is a “complex facility” and is subject to the dual jurisdiction of EPA and DOT

– Jurisdiction over a component is determined by the activity occurring at that component

– Determination of EPA or DOT jurisdiction is defined by the 1971 DOT-EPA MOU.

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Facility is non-transportation-related (i.e., is not exclusively covered by DOI or DOT)

Non-transportation-related Tank Truck • EPA regulates tank trucks as “mobile/portable containers” if

they operate within the confines of a non-transportation-related facility

• Tank trucks that are used in interstate or intrastate commerce can also be regulated if they are operating in a fixed, non-transportation mode.

• PMAA letter clarifies SPCC applicability.

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Jurisdiction Scenarios

• DOT regulates: – Railroad cars from the time the oil is offered for transportation to

a carrier until the time it reaches its destination and is accepted by the consignee

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Railroad Cars • EPA regulates:

– Railroad cars after the transportation process ends and when they are operated as non-transportation-related storage at an SPCC-regulated facility

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Jurisdiction Scenarios

Scenario EPA Jurisdiction (non-transportation-related)

DOT Jurisdiction (transportation related)

Loading/ Unloading

Triggers SPCC Requirements End of DOT Jurisdiction

1/3 of the rail car enters the site

If it has reached its ultimate destination and stores oil, then it is subject to SPCC requirements.

If still in transit, DOT jurisdiction until it reaches its final destination

Rail car stops on the property but there is no unloading or loading of oil

If the rail car has reached its final destination, then non-transportation storage has begun, and the rail car is subject to SPCC requirements

If the rail car is continuing on to a different facility, then it is considered to be under DOT jurisdiction

Railroad Cars (Safety-Kleen Memo)

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Jurisdiction Scenarios Loading or Unloading Activities • EPA regulates:

– The activity of loading or unloading oil in bulk into storage containers (such as those on tank trucks or railroad cars)

– A loading/unloading area is any area of a facility where oil is transferred between bulk storage containers and tank trucks or railroad cars

– All equipment involved in this activity (e.g., hose or loading arm attached to a storage tank system)

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Jurisdiction Scenarios

Coast Guard Regulates EPA Regulates

Marine Terminals

Pier structure, transfer hoses, hose piping connection, containment controls and transfer piping

Tanks, internal piping, loading racks, and vehicle/rail operations that are within the non-transportation part of the facility

Vessels Loading or unloading of oil from a vessel to an onshore facility, oil-carrying ship and the connecting piping

When oil passes the first valve inside secondary containment OR at the valve or manifold adjacent to the storage tank if there is no secondary containment OR another location agreed upon by the COTP and the appropriate Federal official

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Marine Terminal Complexes

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MTR Facility • Marine transportation-related facility: any

onshore facility or segment of a complex regulated under section 311(j) of the Federal Water Pollution Control Act (FWPCA) by two or more Federal agencies, including: – piping and any structure used or intended to be

used to transfer oil to or from a vessel, subject to regulation under this part

– any deepwater port subject to regulation under part 150 of this chapter.

33 CFR §154.1020

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MTR Jurisdiction Permutations • The MTR portion of the complex extends from:

– the facility oil transfer system’s connection with the vessel to the first valve inside the secondary containment surrounding tanks in the non-transportation-related portion of the facility

OR – in the absence of secondary containment, to the valve

or manifold adjacent to the tanks comprising the non-transportation-related portion of the facility

UNLESS – another location has otherwise been agreed to by the

COTP and the appropriate Federal official. 27

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Marinas or Marine Motor-Fuel Dispensing Facilities • The hoses, piping, and dispensers are transportation-

related and therefore regulated by the US Coast Guard • The bulk tank and piping up to the first valve within the

containment area are non-transportation-related and regulated under APSA and SPCC rule

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Transportation-Related Activities Excluded Under APSA • Transportation-Related Activities

[HSC 25270.2(a)(6)] – APSA excludes a “transportation-related tank

facility” subject to the authority and control of the US DOT

• Only the equipment used in transit which is regulated by US DOT is excluded, not the entire facility

– Federal SPCC rule contains the same transportation-related facility exemption

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When to Refer Cases to EPA Region 9 • If it involves non-petroleum oil or APSA

conditionally exempt; • If the facility is not coming into compliance in a

timely manner; or • To conduct joint inspections at facilities that

refuse to come into compliance with APSA/SPCC requirements

• When a facility has SPCC violations that a CUPA can’t enforce

• To assist in making compliance determinations, verifications, and case analysis 31

Additional Materials • Guidance for Regional Inspectors

– https://www.epa.gov/oil-spills-prevention-and-preparedness-regulations/spcc-guidance-regional-inspectors

• Complete Oil Pollution Prevention regulation (40 CFR part 112) – https://www.ecfr.gov/cgi-bin/ECFR?page=browse

• EPA Emergency Management Web Site – https://www.epa.gov/emergency-response – https://www.epa.gov/oil-spills-prevention-and-preparedness-regulations

• Superfund and Oil Information Center (Oil Hotline) – (800) 424-9346 or (703) 412-9810 – TDD (800) 553-7672 or (703) 412-3323 – https://www.epa.gov/home/epa-hotlines

• EPA R9 – Pete Reich, Reich.Peter@epa.gov – Janice, Witul, Witul.Janice@epa.gov

• EPA HQ – Mark W. Howard, howard.markw@epa.gov

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• OSFM website for APSA information and materials – Available at: http://osfm.fire.ca.gov/cupa/apsa.php

• CERS Violation Library – Available at: https://cersbusiness.calepa.ca.gov/public/violations/

• CUPA Forum website: https://calcupa.org/programs/asts-program.html

CUPA Supporting Information and Materials

33 Chapter B - California APSA

§112.2 Definitions: Facilities

Facility – any mobile or fixed, onshore or offshore building, property, parcel, lease, structure, installation, equipment, pipe, or pipeline (other than a vessel or a public vessel) used in oil well drilling operations, oil production, oil refining, oil storage, oil gathering, oil processing, oil transfer, oil distribution, and oil waste treatment, or in which oil is used, as described in Appendix A to this part. The boundaries of a facility depend on several site-specific factors, including but not limited to, the ownership or operation of buildings, structures, and equipment on the same site and types of activity at the site. Contiguous or non-contiguous buildings, properties, parcels, leases, structures, installations, pipes, or pipelines under the ownership or operation of the same person may be considered separate facilities. Only this definition governs whether a facility is subject to this part.

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Facility is non-transportation-related (i.e., is not exclusively covered by DOI or DOT)

• “Facility” is defined in §112.2 – Further defined as onshore and offshore

• The extent of a “facility” depends on site-specific circumstances. Factors include: – Ownership, management, and operation of the buildings,

structures, equipment, installations, pipes, or pipelines on the site;

– Similarity in functions, operational characteristics, and types of activities occurring at the site;

– Adjacency; or – Shared drainage pathways (e.g., same receiving water

bodies) §112.2

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Facility is non-transportation-related (i.e., is not exclusively covered by DOI or DOT)

• In 2008 EPA clarified that an owner or operator uses the definition of facility when determining SPCC applicability

• Containers can be separated or aggregated, based on various factors in defining “facility” – The owner or operator has discretion in identifying which

contiguous or non-contiguous buildings, properties, parcels, leases, structures, installations, pipes, or pipelines make up the facility.

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§112.2 36

Aggregation or Separation • Example factors to determine the boundaries of a facility:

– Ownership, management, and operation of the buildings, structures, equipment, installations, pipes, or pipelines on the site;

– Similarity in functions, operational characteristics, and types of activities occurring at the site;

– Adjacency; or – Shared drainage pathways (e.g., same receiving water bodies)

• An owner or operator may not characterize a facility so as to simply avoid applicability of the rule.

• Guidance provides six example scenarios of how a facility owner or operator may determine what is considered a “facility” for the purposes of an SPCC Plan.

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Scenario A: Separation of Tracts at a Farm • Ten separate tracts of land

where various types of crops are grown, several miles from each other.

• One central fueling location, with several oil containers. Aggregate storage capacity of 5,000 U.S. gallons oil.

• Each tract has one 1,000-gallon aboveground container of diesel fuel, used for fueling only the equipment operated on the tract.

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Scenario B: Areas at a Military Base

• A military base is spread out over 10 square miles.

• Several areas where oil containers are located: tank farm associated with an aircraft fueling area, back-up fuel oil for a small power generation plant, and mess hall with several drums of cooking oil.

• Different groups service, manage, or maintain the various tank farms and oil storage areas.

Aircraft fueling area

Power Generation

Plant

Back-up fuel oil

Mess Hall

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10 M

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1,000 gal. each

Cooking oil containers55 gal. each

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APSA Term – “Tank Facility” • “Tank facility” means one or more ASTs, including integral

piping, that contains petroleum and is used by an owner or operator at a single location or site [HSC 25270.2(n)]

25270.5. Every 3 years, UPA shall inspect each “tank facility” with capacity 10K or more petroleum 25270.6(a) Each owner/operator of a “tank facility” shall file a tank facility statement or business plan 25270.6(b) Each owner or operator of a “tank facility” shall annually pay a fee to the UPA, and the UPA must implement and collect the state surcharge for every “tank facility” 25270.4.5 Each owner or operator of a storage tank at a “tank facility” subject to this chapter shall prepare a SPCC plan applying good engineering practices to prevent petroleum releases using the same format required by Part 112 25270.4 This chapter shall be implemented by the Unified Program Agency

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Multi Facility Plans • EPA discussed equivalent plans (67 FR 47080) • An equivalent plan may be multi-facility plan for

operating equipment • Multi-facility plans would include all elements

required for individual plan • Site-specific information would be required for all

equipment included in each plan • The site-specific information might be maintained

in a separate location, as long as such information was immediately accessible

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Multi Facility Plans • Where you place that site-specific information would

be a question of allowable formatting • What do we see?

– Cover sheet stating multi-facility plan – General (repetitive) information place up front – Site specific information in attached appendices

• Must be accessible to inspector • Managing the location (best fit for unmanned) • Be clear that a single plan that has multiple facilities is

labeled a multi-facility plan • Mostly used with oil filled equipment and production

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Mobile Plans • Mobile plans discussed at 67 FR 47084 • Mobile facilities may have ‘‘general’’ Plans and

need not prepare a new Plan each time the facility is moved to a new site.

• When a mobile facility is moved, it must be located and installed using the spill prevention practices outlined in the Plan for the facility.

• Both new and existing mobile facilities must have Plans prepared and fully implemented before operations may begin.

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Alternate Plan Formats • If a Plan does not follow the

sequence specified in the Rule, an equivalent Plan may be prepared: – Acceptable to the RA – Meets all applicable requirements in

Rule – Provide a cross-reference that shows

the location of each of the SPCC requirements

Does a Plan need to address non-applicable requirements?

§112.7 44

Environmental Equivalence Provision

“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.”

§112.7(a)(2)

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• Comply with all applicable requirements listed in this part. Except as provided in §112.6, your Plan may deviate from the requirements in paragraphs (g), (h)(2) and (3), and (i) of this section and the requirements in subparts B and C of this part, except the secondary containment requirements in paragraphs (c) and (h)(1) of this section, and §§112.8(c)(2),112.8(c)(11), 112.9(c)(2), 112.9(d)(3), 112.10(c), 112.12(c)(2), and 112.12(c)(11), where applicable to a specific facility, if you provide equivalent environmental protection by some other means of spill prevention, control, or countermeasure. Where your Plan does not conform to the applicable requirements in paragraphs (g), (h)(2) and (3), and (i) of this section, or the requirements of subparts B and C of this part, except the secondary containment requirements in paragraph (c) and (h)(1) of this section, and §§112.8(c)(2), 112.8(c)(11), 112.9(c)(2), 112.10(c), 112.12(c)(2), and 112.12(c)(11), you must state the reasons for nonconformance in your Plan and describe in detail alternate methods and how you will achieve equivalent environmental protection. If the Regional Administrator determines that the measures described in your Plan do not provide equivalent environmental protection, he may require that you amend your Plan, following the procedures in §112.4(d) and (e).

Full Regulatory Language §112.7(a)(2)

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Regulatory Flexibility • Flexibility to comply with rule requirements

– Allows for consideration of special circumstances – Use of protective industry practices and

technologies • Determinations made on a site-specific basis • Requires consideration of good engineering

practices by a Professional Engineer (PE) • NOT allowed in plan where PE has not

certified the Environmental Equivalence

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What is involved in Environmental Equivalence (EE)? • Owner/Operator:

– Identify reason to deviate from rule requirement – Determine an alternate, environmentally equivalent method of

spill prevention, control, or countermeasure • Goal is to achieve the same desired outcome –

need not be mathematical equivalence

• SPCC Plan includes: – Reason for nonconformance – Detailed description of the alternate

method and how it achieves equivalent environmental protection

• EPA Regional Administrator has authority to require an amendment of the Plan

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Alternative Measures

• Alternative measures cannot rely solely on measures that are already required by other parts of the rule – Would allow for approaches that provide a lesser

degree of protection overall – Example:

The presence of sized secondary containment for bulk storage containers (which is required under §112.8(c)) does not provide, by itself, an EE alternative to performing integrity testing of bulk storage containers.

– (EPA letter to Daniel Gilligan of PMAA)

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Consideration of Costs • PE must review environmentally equivalent

measures – Must be consistent with good engineering practice

• The selection of alternative measures may be based on various considerations, such as safety, cost, geographical constraints, site-specific considerations, etc.

• Owner or operator may consider cost as one factor in deciding whether to deviate from a particular requirement – Alternative provided must achieve environmental

protection equivalent to the required measure.

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Role of SPCC Inspector • Plan Review Provision is subject to EE Plan provides reason for deviation Plan describes the EE measure Plan explains how measure achieves EE EE measure meets standard of common sense given facility-

specific conditions, industry standards and engineering practice – If the SPCC Plan indicates the use of a standard to comply with a

particular rule requirement (e.g., integrity testing), then it is mandatory to implement the relevant portions of the standard (i.e., those that address integrity testing of the container). • If the standard is more stringent than federal regulations (e.g., for

recordkeeping retention requirements), the standard would take precedent.

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Role of SPCC Inspector • Field Review: EE measure is implemented

as described in Plan Has not been substantively altered Inspection and maintenance, if needed, have been

performed (and documented)

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Verifying Environmental Equivalence during APSA Inspection • Must be certified by a PE • Must describe in detail in the SPCC Plan

– Reason(s) for deviating from an SPCC rule requirement – Detailed description of how equivalent environmental protection will

be achieved • UPAs do not have authority to require an amendment • UPAs do have authority to:

– Ensure SPCC Plan meets the requirements for environmental equivalence

– Verify environmental equivalence is claimed only for eligible provisions – Verify environmental equivalence measures are followed and

implemented • US EPA Regional Administrator (RA) has authority to require an

amendment of the SPCC Plan if the RA determines that the measures do not provide equivalent environmental protection

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Impracticability Provision • If a facility owner or operator finds that

containment methods are “impracticable,” he or she may substitute a combination of other measures in place of secondary containment

§112.7(d)

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Meaning of “Impracticable” • 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

not allow for secondary containment

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Litigation Settlement • Economic cost may be considered in a

decision to use alternative methods but may not be the only determining factor in claiming impracticability

• See Notice Concerning Certain Issues Pertaining to the July 2002 Spill Prevention, Control, and Countermeasure (SPCC) Rule [69 FR 29728, May 25, 2004]

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Impracticability Requirements The impracticability provision requires:

1. Explanation in Plan of why secondary containment methods are impracticable

2. Periodic integrity testing of bulk storage containers and periodic integrity testing and leak testing of the valves and piping associated with the containers

3. Unless facility has submitted a Facility Response Plan (FRP) under §112.20: • An oil spill contingency plan following the provisions of 40 CFR

part 109; and

• A written commitment of manpower, equipment, and materials required to control and remove any quantity of oil discharged that may be harmful

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§112.7(d) 57

Role of the EPA Inspector in Reviewing Impracticability Determinations • Verify that the Plan has been certified by the PE and that the

additional measures specified in §112.7(d) are documented in the Plan

• The documentation presented in support of the impracticability determination should demonstrate the reasoning used to determine why secondary containment is impracticable. – Not an exhaustive evaluation of all potentially available types of secondary

containment. • Appropriate follow-up action may be warranted if an

impracticability determination: – Does not meet the standards of common sense, – Appears to be at odds with recognized industry standards, – Does not meet the overall objective of oil spill response/prevention, or – Appears to be inadequate for the facility

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Role of the EPA Inspector in Reviewing Impracticability Determinations (continued)

• Verify the additional measures required by §112.7(d): – The facility’s contingency plan can be implemented as written – The equipment for response is available – The commitment of manpower, equipment, and materials is

documented – The contingency plan describes the location of drainage systems,

containment deployment locations, and oil collection areas – There are procedures for early detection of oil discharges – There is a defined set of response actions

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Reporting Requirements for Oil Spills under 40 CFR part 110 • Report all oil discharges to navigable waters of the U.S. and

adjoining shorelines to NRC at 1-800-424-8802 • 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

• Federal notification does not ensure State and Local notification

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Specific Spill Reporting Requirements under the SPCC rule 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. and adjoining shorelines – More than 42 U.S. gallons of oil in each of two discharges to

navigable waters of the U.S. and 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. and adjoining shorelines

– An owner/operator must report the discharge(s) to the EPA Regional Administrator within 60 days

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Specific Spill Reporting Requirements under the SPCC rule 40 CFR part 112 • Send to the appropriate agency or agencies in charge of oil

pollution control activities in the State in which the facility is located a complete copy of all information you provided to the Regional Administrator

• Upon receipt of the information such State agency or agencies may conduct a review and make recommendations to the Regional Administrator as to further procedures, methods, equipment, and other requirements necessary to prevent and to contain discharges from your facility

• As stated earlier this may trigger an inspection • This requirement is designed to identify SPCC Plan failures

and ineffective implementation of the Plan

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Impacts of Oil discharges on SPCC Facilities • Reports to NRC (40 CFR 110)

– May impact future qualified facility status for facilities not currently using the qualified facility program

– May result in a response from an EPA OSC – May result in an SPCC or FRP inspection – May result in reconsideration of facility’s ability to use the

qualified facility program – May result in a plan amendment

• Reports to SPCC RA (40 CFR part 112.4) – All of the above – State agency or agencies may conduct a review and make

recommendations to the RA as to further procedures, methods, equipment, and other requirements necessary to prevent and to contain discharges from your facility.

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Key APSA Provision & Citations: Release Notification 25270.8 – Release Notification • Notification to Cal OES and UPA for release/spill of one barrel

(42 gallons of petroleum)

Note: Release reporting requirements can be found in various state laws and regulations, e.g., Business Plan law requires any release or threatened release of hazardous materials to be reported to UPA and Cal OES

There are many resources for learning more about this complex topic: https://www.sandiegocounty.gov/content/sdc/deh/hazmat/hmd_hirt/spill_release.html

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25270.9 – State Water Board and Regional Water Boards may oversee or cause clean up or abatement of releases from a storage tank at a tank facility. Expenses of the board and the regional board incurred in overseeing, or contracting for, cleanup or abatement efforts that result from a release at a tank facility is a charge against the owner or operator of the tank facility. Proposed APSA regs – UPA-PA COORDINATION WITH REGIONAL WATER BOARD If the UPA determines that cleanup or abatement of a release from an aboveground storage tank at a tank facility is required, or additional investigation is necessary to determine if cleanup is required, then the UPA shall notify and coordinate with the Regional Water Quality Control Board on investigation, cleanup or abatement activities.

Key APSA Provision & Citations: Abatement

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Applicability Scenarios

Scenario 1: Sherman’s Marine Terminal Sherman’s Marine Terminal operates in San Pablo Bay receiving refined petroleum oil (containing benzene) from Johnson Oil Refinery, and has units for storage, loading and transferring the oil. Six vessels based at the terminal service the refinery, and operate 24 hours per day between them. Each tanker can hold 250,000 gallons of oil. From the vessel, the oil is transferred to the facility’s tank farm, which has twenty 50,000-gallon aboveground storage tanks. Oil from these ASTs is loaded into 5,000-gallon tank trucks to be shipped to markets. The facility has a fleet of 20 tank trucks. 18 are used to make deliveries and also load oil into customer trucks that arrive from offsite. One of the 20 trucks remains onsite and only transports oil onsite. Another truck does not have an operational engine, never moves on or off the site but is used to store oil that is later used on site. The marine terminal also has a 10,000-gallon tank to hold oily ballast water until it is treated. Employees of Greg’s Gourmet Fried Food set up their mobile food truck each day in the facility parking area, to provide Sherman’s employees with tasty fried lunches. The food vendor is independently owned and operated, and brings with it several 55-gallon containers of vegetable oil.

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1. Is this facility considered transportation-related or non- transportation- related or a complex? If it is a complex, where are the jurisdictional boundaries?

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2. Is the food vendor considered part of the facility?

5. Who has federal/state jurisdiction if an oil spill occurs while a vessel is unloading into a storage tank?

4. Is the facility subject to the SPCC rule or the Aboveground Petroleum Storage Act (APSA), or both? How much storage capacity could trigger the federal Facility Response Plan (FRP) rule?

3. Which containers are counted toward capacity to determine SPCC applicability and what type of containment is required?

Scenario 2: Alternative Fuel Blending Facility An alternative fuel blending facility operates the following containers as part of their blending process:

• Two 10,000-gallon USTs with pure soybean oil (raw material for manufacturing process) • 15,000-gallon AST with gasoline • 1,000-gallon AST with liquefied petroleum gas (LPG) • 10,000-gallon AST with 100% ethanol • 1,000,000-gallon AST with denatured ethanol (ethanol/gasoline mixture) • 10,000-gallon UST with diesel fuel to fuel vehicles • Two 20,000-gallon partially buried tanks with biodiesel product (75% soybean oil, 25% diesel)

The facility has two 9,000-gallon tanker trucks used to deliver its biodiesel product. One of these trucks is always parked empty overnight, emptied out after its daily deliveries are complete. Up to 5,000 gallons is kept in the other truck each night, ready for any emergency deliveries. Four additional vehicles equipped with 60-gallon saddle tanks are used to transport oils within the facility for on- and off-site maintenance of containers and dispensing equipment. The facility also operates a flow-through wastewater pretreatment system that discharges to the local sanitary sewer system, which feeds into a POTW. Oil is skimmed from a 3,000-gallon aboveground flow-through treatment tank and stored in a 1,000-gallon aboveground slop tank. The facility has a vaulted, 109-gallon #2 diesel fuel tank, used to fuel an emergency electricity generator. The manufacturing company office has a 100-gallon UST for heating oil. There is an electrical transformer, containing 2,000 gallons of mineral oil, located on the facility’s property and maintained and operated by MWH Power Company. There is a fence on the perimeter of the facility’s property. The facility is located 200 yards from an intermittent stream that is typically dry 11 months out of the year. This stream feeds into a receiving waterbody where a public drinking water intake is located. The area is also home to a number of species, including a large number of birds that use the stream during the wet month as a resting place during their migration.

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1. Which containers count towards to the facility’s aboveground storage capacity, and which containers count toward the facility’s completely buried storage capacity, for determining whether the facility meets the SPCC regulatory thresholds? 2. If the facility is required to prepare an SPCC Plan, which containers must be addressed in the Plan?

4. If the Blending facility owner/operator and the MWH power owner/operator decide to create one SPCC Plan together, what options do they have with the transformer (to meet federal requirements)?

3. What opportunities might exist to become exempt from the SPCC regulations and what would the owner/operator need to demonstrate?

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Scenario 3: Small Airport A small commercial airport maintains aboveground storage of a variety of oil and petroleum products in tanks, containers, and mobile/portable containers, including an aboveground tank farm for aviation fuel. The tank farm includes two 20,000-gallon ASTs (aggregate capacity of 40,000 gallons): one containing aviation gasoline (AV gas) and the other containing jet fuel (Jet A). The owner of the airport leases the tank farm and fueling operations to an airport fueling contractor who manages the daily operation and deliveries to the tank farm.

Separate from the tank farm, the airport owns and operates storage tanks (ASTs and USTs) with a total capacity of 30,000 gallons for heating and FAA equipment. The terminal and the radar tower have backup gensets that have a total capacity of 240 gallons.

The aviation fuel is delivered to the tank farm by a third party that delivers product in tanker trucks, each with a capacity of 9,000 gallons. These trucks return to an off-site location after delivery is complete. The airport regularly receives heating oil from an offsite vendor. The tank farm is equipped with a fixed rack system and secondary containment for the loading and unloading area. Additionally, the airport fueling contractor maintains at the airport a fleet of four tank trucks, each with a capacity of 5,000 gallons. These tank trucks are used to deliver fuel from the tank farm to the gates where refueling operations are conducted. The tank trucks do not travel outside the airport. The airport also has its own trucks that fuel some of the airport’s operational equipment. The airport also has a hydrant system that runs directly from the tank farm to the aircraft fueling area.

A 1.2-million gallon containment pond that drains to navigable water is located adjacent to the tank farm.

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1. Is this facility regulated under the SPCC and /or APSA rule? Which containers and areas are regulated?

3. If the facility is regulated, should the SPCC Plan include the 9,000- gallon tanker trucks and/or the four 5,000-gallon tank trucks? Should the airport’s fueling trucks and the heating oil vendor’s trucks be included?

2. How would the facility boundaries be defined and who is responsible for the preparation of the SPCC Plan (under the federal or APSA rules)?

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Questions?

– Mark W. Howard, howard.markw@epa.gov – Janice, Witul, Witul.Janice@epa.gov – Pete Reich, Reich.Peter@epa.gov – Jeremy Gates Jgates@RIVCO.org – Daniel Yniguez Daniel.Yniguez@fire.lacounty.gov – Sande Pence Sande.Pence@scounty.ca.gov

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