changes with the spcc plan regulations

Changes with the SPCC Pl R l tiSPCC Plan Regulations

What you should knowWhat you should know …

New Due DateNov. 10, 2011

Change is coming to the Ag Community!Change is coming to the Ag Community!

B N b 10 2011 f h i th 1 320 ll fBy November 10, 2011, farms having more than 1,320 gallons of fuel and/or lubricants must comply with the SPCC Regulations.

What are the SPCC Regulations?What are the SPCC Regulations?• It was promulgated

d S iunder Section 311(j)(1)(C) of the Clean Water Act It wasWater Act. It was amended by the Oil Pollution Act of 1990.

• 40 CFR Part 112

• Most recently amendedMost recently amended in the April 18, 2011 Federal Register where milk was excluded.

2008/2009 Amendments and lCompliance Date

OldOld

New Compliance Date

Source: http://www.epa.gov/ceppo/web/content/spcc/

DateNov. 10, 2011

Compliance DatesCompliance DatesA facility starting operation

Must…operation…

On or before August 16, 2002 • Maintain its existing SPCC Plan

• Amend and implement the SPCC• Amend and implement the SPCC Plan no later than Nov. 10, 2011.

After August 16, 2002 throughNov. 10, 2011 (including farms)

• Prepare and implement the SPCC Plan no later than Nov. 10, 2011.

After Nov. 10, 2011 • Prepare and implement a SPCC Planbefore beginning operations.*

* Owners or operators of new oil production facilities must prepare and implement an SPCC Plan six months after the start of operations.


What are the Changes?• Exempt hot‐mix asphalt and hot‐ • Exempt non‐transportation‐Exempt hot mix asphalt and hot

mix asphalt containers• Exempt pesticide application

equipment and related mix

Exempt non transportationrelated tank trucks from the sized secondary containment requirementsequipment and related mix

containers• Exempt heating oil containers at

single‐family residences

q• Simplify security requirements• Amend the integrity testing

requirements to allow greater g y• Clarify applicability of mobile

refueler requirements to farm nurse tanks

q gflexibility

• Amend integrity testing requirements for animal fat and

• Amend the definition of “facility” • Revise facility diagram

requirement to provide

qvegetable oil containers that meet certain criteria

• Amendments concerning requirement to provide additional flexibility

• Define and clarify requirements for a “loading/unloading rack”

“production facilities”• Clarify definition of

“permanently closed”g/ g• Modify secondary containment

requirement language to provide more clarity

• Clarify applicability of the rule to man‐made structures and wind turbines

Hot‐Mix AsphaltHot Mix Asphalt• Hot‐Mix Asphalt (HMA) and HMA containers are exempt from the SPCC rule.

• HMA is unlikely to flow as a result of the entrained aggregate, so that it is unlikely to reach navigable waters or adjoining shorelines.

(EPA i d d h HMA b(EPA never intended that HMA be

included as part of a facility’s

SPCC Plan.)


Pesticide Application EquipmentPesticide Application Equipment

• Exempt equipment includes:– Ground boom applicators– Airblast sprayers– Specialty aircraft that apply measured p y pp y

amounts of pesticides to crops and/or soil

– Related mix containers

• Exemption applies to all pesticide application equipment and related mix containers, regardless of gownership or where used


Residential Heating Oil TanksResidential Heating Oil Tanks

• Residential heating oil containers at l f l d fsingle‐family residences are exempt from

the SPCC rule. – Includes general rule applicability and

capacity calculation requirementcapacity calculation requirement• Applies to containers that are:

– Aboveground or completely buried – Located at a farm or single‐family residences– Located at a farm or single‐family residences– Used solely to store heating oil used to heat

the residence• SPCC requirements continue to apply to q pp y

oil containers used to heat other non‐residential buildings within a facility.

• EPA did not intend to regulate residential guses of oil (i.e., those at non‐commercial buildings) under the SPCC rule.


Revised Definition of “Facility”Revised Definition of FacilityFacility means any mobile or fixed, onshore or offshore building,property, parcel, lease, structure, installation, equipment, pipe, orproperty, parcel, lease, structure, installation, equipment, pipe, orpipeline (other than a vessel or a public vessel) used in oil well drillingoperations, oil production, oil refining, oil storage, oil gathering, oilprocessing, oil transfer, oil distribution, and oil waste treatment, or inwhich oil is used, as described in Appendix A to this part. Theboundaries of a facility depend on several site-specific factors includingboundaries of a facility depend on several site-specific factors, includingbut 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 oroperation of the same person may be considered separate facilitiesoperation of the same person may be considered separate facilities.Only this definition governs whether a facility is subject to this part.

Loading / Unloading RackLoading / Unloading Rack

• The term “rack”The term rack replaced the word “area”.

• The loading arm and hoses are to be included in the secondary containment.

Loading/unloading rack means a fixed structure (such as a platform, gangway) necessary for loading or unloading a tank truck or tank car, which is located at a facility subject to the requirements of this part. A loading/unloading rack includes a l di l di d i l d bi ti f th f ll i i iloading or unloading arm, and may include any combination of the following: piping assemblages, valves, pumps, shut-off devices, overfill sensors, or personnel safety devices.

General Secondary Containment Requirements

• Clarifies that the general gsecondary containment requirement is intended to address themost likely oiladdress the most likely oil discharge from any part of a facility.ll d• Allows active and passive

secondary containment• Modifies §112.7(c) to expand the list § ( ) p

of example prevention systems for onshore facilities– Additional examples: drip pans, sumps, and

ll icollection systems


UST Loading / Unloading Requires dSecondary Containment in Some Cases

• Transfer activities associated with an exempt pUST, at an otherwise regulated SPCC facility, are covered and must be addressed in the SPCC PlanSPCC Plan.

• If a transfer to or from an exempt UST occurs across a loading/unloading rack (as defined in the amended rule) then the facility must comply with 112.7(h).

• All other transfers/equipment (dispensers)• All other transfers/equipment (dispensers) must be addressed and meet the general secondary containment requirements.

• Dispensers and racks are not part of a UST system and therefore SPCC regulated.


Farm Exemption RemovedFarm Exemption Removed• Farms with over 1,320 gallons of “oil” storage have to comply withoil storage have to comply with the SPCC regulations by Nov. 10, 2011.

• Including secondary containment and a written plan.

• May use the Tier I or Tier II self‐certification plan.

Farm Exemption RemovedFarm Exemption Removed• Periodically inspect and test pipes and containers You shouldpipes and containers. You should visually inspect aboveground pipes and inspect aboveground p p p gcontainers following industry standards. You must “leak test” b h hburied pipes when they are installed or repaired. EPA recommends you keep a writtenrecommends you keep a written record of your inspections.

Farm Nurse Tanks / Trap WagonsFarm Nurse Tanks / Trap Wagons• Trap wagons are mobile/portable

containers used at farms to storecontainers used at farms to store and transport fuel for transfers to or from farm equipment and to other bulk storage containers.g

• The definition of “mobile refueler” includes trap wagons, as well as non‐road licensed refueling equipmentroad licensed refueling equipment that are used to refuel farm equipment in the fields.

• Nurse tanks/trap wagons are exempt• Nurse tanks/trap wagons are exempt from sized secondary containment.

• But, must meet general secondary containment requirements atcontainment requirements at §112.7(c)


Tier I & II Qualified FacilitiesIf the facility has…

And… And the facility has…

Then:

10,000 U.S. gallons or less

Within any twelve-month period, three years prior

No individual aboveground oil

Tier I: Complete and self-certify g

aggregate aboveground oil storage capacity;

p y pto the Plan certification date, or since becoming subject to the SPCC rule if in operation for less

gcontainers greater than 5,000 U.S. gallons;

yPlan template (Appendix G to 40 CFR part 112) in lieu of a full PE-y

than three years, there has been:(1) No single discharge of oil to navigable waters

certified Plan.Any individual aboveground oil container greater

Tier II: Prepare self-certified Plan in accordance with

or adjoining shorelines exceeding 1,000 U.S. gallons; and(2) No two discharges of

container greater than 5,000 U.S. gallons;

in accordance with all applicable requirements of §112.7 and subparts B and C

oil to navigable waters or adjoining shorelines each exceeding 42 U.S. gallons in any 12 -month

subparts B and C of the rule, in lieu of a PE-certified Plan. (Cannot use the Appendix G

periodthe Appendix G Template)


Tier I SPCC Plan TemplateTier I SPCC Plan Template• May be completed and certified by the facility’scertified by the facility s responsible person.

• Download thisDownload this presentation, the regulations, and a copy of the Appendix G template form at www.wgr‐sw.com .

Thank you!Thank you!For more information,For more information, contact:

John M. TeravskisJohn M. TeravskisWGR Southwest, Inc.

315 W Pine St Suite 8315 W. Pine St., Suite 8

Lodi, CA 95240

(209) 334 5363 ext 202(209) 334‐5363 ext. 202

jteravskis@wgr‐sw.com

changes with the spcc plan regulations

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