u.s. environmental protection agency office of emergency management oil program november 2004

Spill Prevention, Control, and Spill Prevention, Control, and Countermeasure (SPCC) RuleCountermeasure (SPCC) Rule

UpdateUpdate

U.S. Environmental Protection AgencyOffice of Emergency ManagementOil Program

November 2004

U.S. Environmental Protection AgencyOffice of Emergency ManagementOil Program

November 2004

SPCC Update OutlineSPCC Update Outline

Introduction-What is SPCC?

Regulatory History

Implementation Issues

Next Steps

Continues

Spill Prevention, Control, and Countermeasure RuleSpill Prevention, Control, and Countermeasure Rule

Establishes procedures, methods, and equipment requirements to help prevent oil spills that could reach navigable waters.

Requires that facilities develop and implement Spill Prevention, Control, and Countermeasure (SPCC) Plans.

Scope of the SPCC RuleScope of the SPCC Rule

Applies to non-transportation related facilities that:

– Could reasonably be expected to discharge oil into navigable waters of the United States or adjoining shorelines, and

– Have an aggregate aboveground storage capacity greater than 1,320 gallons (counting only containers with a capacity of 55 gallons or more), or

– Have a total underground storage capacity greater than 42,000 gallons.

Excludes permanently closed containers and completely buried storage tanks subject to all technical requirements of 40 CFR Parts 280 and 281.

Organization of the RuleOrganization of the Rule

Subpart A All facilities and all types of oil

Subpart B Petroleum oils and non-petroleum oilsExcept those oils covered in Subpart C.

Subpart C Animal fats and oils and greases, and fish and marine mammal oils; and vegetable oils from seeds, nuts, fruits, and kernels

Subpart D Response requirements

Subpart AAll Facilities, All Types of OilSubpart AAll Facilities, All Types of Oil

Section 112.1

– General applicability

Section 112.2

– Definitions

Section 112.3

– Requirement to prepare and implement Plans, including:

Compliance dates Professional Engineer certification Maintaining and making Plan available Extension of time Continues

Subpart AAll Facilities, All Types of Oil (continued)

Subpart AAll Facilities, All Types of Oil (continued)

Section 112.4

– Amendment of SPCC Plan by Regional Administrator

Section 112.5

– Amendment of SPCC Plan by owners or operators

Section 112.7

– Prepare Plans in writing and according to good engineering practices

– Management approval

– Alternative formats

Section 112.7General RequirementsSection 112.7General Requirements

112.7, General requirements for SPCC Plans

(a)

General facility description, including:• Type of oil and storage capacity, physical layout, and

diagram• Discharge prevention measures • Discharge and drainage controls • Countermeasures for discharge discovery,response,

and cleanup• Methods of disposal of recovered materials• Contact list and phone numbers

(b)Description of potential discharges from equipment failure

(c) Appropriate secondary containment

Section 112.7General Requirements (continued)

Section 112.7General Requirements (continued)

112.7, General requirements for SPCC Plans (continued)

(d) Impracticability of secondary containment

(e) Inspections, tests, and records

(f) Personnel, training, and discharge prevention procedures

(g) Security measures

(h) Facility tank car and tank truck loading/unloading rack

(i)Evaluation of containers for brittle fracture or other catastrophe

(j)Conformance with applicable requirements and procedures

Subparts B and CSpecific Facility RequirementsSubparts B and CSpecific Facility Requirements

Sections 112.8 and 112.12

– Onshore Facilities (excluding production facilities) Facility drainage – 112.8(b) and 112.12(b) Bulk storage containers – 112.8(c) and 112.12(c) Facility transfer operations – 112.8(d) and 112.12(d)

Section 112.9

– Oil Production Facilities (onshore)

Section 112.10

– Oil Drilling and Workover Facilities (onshore)

Section 112.11

– Oil Drilling, Production, or Workover Facilities (offshore)

Spill Prevention, Control, and Spill Prevention, Control, and Countermeasure (SPCC) RuleCountermeasure (SPCC) Rule

UpdateUpdate

SPCC Regulatory HistorySPCC Regulatory History

SPCC Rule TimelineSPCC Rule Timeline

1974 Initial Promulgation

Original requirements for SPCC Plan preparation, implementation, and amendment.

1991 Proposed Rule

Revise applicability and SPCC Plan procedures, and add a facility notification provision.

1993 Proposed Rule

Implement Oil Pollution Act of 1990-response plan requirements and make minor technical changes.

1997 Proposed Rule

Reduce the information collection burden.

Continues

SPCC Rule Timeline (continued)SPCC Rule Timeline (continued)

2002 Final Rule: SPCC Rule Amendments

Incorporates many of the proposed modifications.

2003 Final Rule: Compliance Date Extension

Additional time to prepare and update SPCC Plans.

2004 Final Rule: Compliance Date Extension

Additional time to understand published clarifications.

2004 NODAs

Certain Facilities and Oil-filled and Process Equipment

Future Guidance, Rulemaking, and Outreach

Address additional issues as appropriate.

Ashland Oil SpillAshland Oil Spill

In 1988, an aboveground storage tank owned by the Ashland Oil Company collapsed and spilled approximately 3.8 million gallons of diesel fuel.

Approximately 750,000 gallons were released into the Monongahela River.

EPA formed an SPCC Task Force to:

– Focus on the prevention of large, catastrophic oil spills.

– Make recommendations on the SPCC program.

Photos courtesy ofNOAA Office of Response and Restoration, National Ocean Service

2002 Final Rule2002 Final Rule

Revised rule incorporates suggestions of the SPCC Task Force following the Ashland Oil Spill.

Is performance-based rather than prescriptive.

Incorporates aspects of the 1991, 1993, and 1997 proposals.

Uses a new format and “Plain English” style.

Overview of Rule ChangesOverview of Rule Changes

Provides regulatory relief:

– Exempts completely buried tanks, small containers, and most wastewater treatment systems.

– Raises the regulatory threshold.

– Reduces information required after a discharge, and raises the regulatory trigger for submission.

– Increases the frequency of Plan review from 3 to 5 years.

– Allows for alternative formats for SPCC Plans with cross-reference.

Continues

Overview of Rule Changes (continued)Overview of Rule Changes (continued)

Clarifies applicability for the operational use of oil.

Makes the Professional Engineer certification more specific.

Clarifies mandatory requirements.

Establishes brittle fracture evaluation.

Clarifies employee training requirements.

Allows flexibility in meeting many rule provisions by providing equivalent environmental protection or developing contingency plans.

Spill Prevention, Control, and Spill Prevention, Control, and Countermeasure (SPCC) RuleCountermeasure (SPCC) Rule

UpdateUpdate

Implementation IssuesImplementation Issues

Compliance Date ExtensionsCompliance Date Extensions

Compliance dates for the SPCC amendments were extended in 2003 and 2004 (§§112.3(a) and (b)).

– Provides additional time for regulated community to update or prepare Plans, especially following the litigation settlement (2004 extension).

– Alleviates the need for individual extension requests.

The 2004 extension also amended the compliance deadlines for onshore and offshore mobile facilities (§112.3(c)).

Current Compliance DatesCurrent Compliance Dates

A facilitystarting operation...

Must...

On or before 8/16/02 Maintain existing Plan

Amend Plan no later than 2/17/06

Implement Plan no later than 8/18/06

After 8/16/02 through 8/18/06

Prepare and implement a Plan no later than 8/18/06

After 8/18/06 Prepare and implement a Plan before beginning operations

Onshore and offshore mobile facilities must prepare, implement, and maintain a Plan as required by the rule.

– A facility must amend and implement the Plan, if necessary to ensure compliance with the rule, on or before 8/18/06.

LitigationLitigation

– Loading racks

– Impracticability

– Produced water and wastewater treatment

– Integrity testing

– Security

– Facility

– Navigable waters (Not resolved through settlement)

Lawsuits filed by American Petroleum Institute, Petroleum Marketers Association of America, and Marathon Oil.

Terms of partial settlement published in Federal Register on Tuesday May 25, 2004 (69 FR 29728.)

Litigation Issues:

Notices of Data AvailabilityNotices of Data Availability

Considering alternative approaches to ensure protection from oil spills.

– Facilities that handle oil below a certain threshold amount

– Oil-filled and process equipment

Published notices in the Federal Register on Monday September 20, 2004 (69 FR 56182)

Information available for public review and comment.

– Comment period ends November 19, 2004.

– See www.epa.gov/oilspill for more information.

Notices of Data AvailabilityNotices of Data Availability

“Certain Facilities”

The following areas discussed in the NODA documents are examples of the kinds of data we request be submitted:

– Data to support development of criteria (e.g. facility oil capacity, activity, etc.) to define a threshold for streamlined requirements for “certain facilities.”

– Spill rates for facilities handling oil in various amounts

– Cost differences for preparation and PE certification for the SPCC Plan related to size of facility or amount of oil handled.

– SPCC compliance rates for facilities handling oil in various amounts

We are not soliciting comments in this NODA on any other topic

Small Business Administration Small Facility InitiativeSmall Business Administration Small Facility Initiative

Responds to complaints that PE certification would be too expensive for small facilities.

Tiered requirements based on facility oil storage capacity:

Tier 1 1,321 - 5,000 gal

No written SPCC Plan.

Tier 25,001 - 10,000 gal

Written SPCC Plan, but not PE certified.

Tier 3Greater than 10,000 gal

SPCC Plan with PE certification.

Notices of Data AvailabilityNotices of Data Availability

Oil-Filled and Process Equipment

The following areas discussed in the NODA documents are examples of the kinds of data we request be submitted:

– Data to support development of criteria to define oil-filled and process equipment

– Data to support the development of streamlined requirements for facilities with oil-filled and process equipment.

We are not soliciting comments in this NODA on any other topic

Oil-Filled Electrical Equipment Oil-Filled Electrical Equipment

Utility Solid Waste Activities Group proposes amendments to oil-filled electrical equipment.

Two recommendations:

– Base regulatory threshold for oil-filled operating equipment on storage capacity of each piece of equipment, rather than aggregate capacity of facility.

– Establish tiered requirements based on the oil storage capacity.

Spill Prevention, Control, and Spill Prevention, Control, and Countermeasure (SPCC) RuleCountermeasure (SPCC) Rule

UpdateUpdate

Next StepsNext Steps

ExtensionExtension

During the extension…

The regulated community will update/prepare Plans and have additional time to understand recent clarifications of the rule.

EPA is developing guidance to address the performance-based nature of the rule.

Facilities must maintain a Plan in accordance with the extension.

After the extension…

Regional Guidance will be available to the public

Facilities must have an SPCC Plan in compliance with revised rule provisions.

EPA will address additional issues as needed.

Regional GuidanceRegional Guidance

EPA acknowledges there are additional policy issues that require clarification and is working to address them.

Clarifications can often be addressed through performance-based provisions of the rule.

Currently developing guidance to regional inspectors on how to evaluate SPCC Plans when environmental equivalence and impracticability are claimed.

Performance-Based Natureof the RulePerformance-Based Natureof the Rule

Environmental Equivalence (§112.7(a)(2))

– Facilities may deviate from certain substantive requirements of the SPCC rule (except secondary containment) by implementing alternate measures that provide equivalent environmental protection.

Impracticability (§112.7(d))

– In situations where secondary containment is not practicable, the SPCC Plan must explain the reason.

– The owner/operator must prepare an oil spill contingency plan and a written commitment of manpower, equipment, and materials.

Performance-Based Natureof the RulePerformance-Based Natureof the Rule

Document!

Document!

Document!

Performance-Based Natureof the RulePerformance-Based Natureof the Rule

Environmental Equivalence

– State reason for nonconformance in Plan

– Describe in detail the alternative method and how you will achieve environmental equivalence.

Impracticability

– Clearly explain why containment measures are impracticable.

– Conduct integrity testing

– Develop a contingency plan (40 CFR 109)

– Provide written commitment of manpower, equipment, and materials.

Regional GuidanceRegional Guidance

Examples of issues to address in guidance:

– Loading rack

– Integrity Testing

– Security

– Piping

– Mobile/portable containers

SummarySummary

Background and History of SPCC

Overview of the SPCC provisions

Extension

NODAs

– Certain Facilities

– Oil-filled and Process Equipment

Regional Guidance and performance-based provisions of the rule

For More InformationFor More Information

U.S. EPA Region 7, Air, RCRA, and Toxics Division, Storage Tanks and Oil Pollution Branch, 901 North 5th Street, Kansas City, KS 66101-2907

1-800-223-0425

hancock.alan@epa.gov , walker.stanley@epa.gov

EPA Oil Program Website

www.epa.gov/oilspill

RCRA, Superfund, and EPCRA Call Center

1-800-424-9346