spcc rule update iowa awma spcc workshop march 9, 2004 *excerpts taken from spcc rule update...
TRANSCRIPT
SPCC Rule Update
Iowa AWMA SPCC Workshop
March 9, 2004
*Excerpts taken from SPCC Rule Update presentation given by Mark Howard, USEPA at the API 2003 Storage Tank Conference November 5,
2003
History of EPA’s Oil Program1972 Federal Water Pollution Control Act Amendments1974 Original SPCC Rule 40 CFR Part 1121988 Ashland Oil Spill – SPCC Task Force1989 Exxon Valdez in Alaska1990 Oil Pollution Act1991 Proposed SPCC Rule – complete revision of existing rule1993 Proposed SPCC Rule – amendments1994 Final Facility Response Plan (FRP) Rule1997 Additional proposed SPCC amendments2001 Draft Final SPCC Rule – remanded to OMB2002 Final SPCC rule published 7/17/02, effective 8/16/022003 SPCC compliance date extension issued
Major Issues Associated with July 2002 Rule Litigation
American Petroleum Institute (API) Petroleum Marketers Association of
America (PMAA) Marathon Oil
Policy questions and concerns Compliance dates extended 18
months
Deadlines to Amend or Prepare and Implement SPCC Plan
A facility starting operation…
Must…
On or before 8/16/02 Maintain existing Plan Amend Plan no later than 8/17/04 Implement Plan no later than 2/18/05
After 8/16/02 through 2/18/05
Prepare and implement a Plan no later than 2/18/05
After 2/18/05 Prepare and implement a Plan before beginning operations
NOTE: Facilities subject to 40 CFR Part 112 and in operation before August 16, 2002, and without an existing Plan, must immediately prepare and implement a Plan and are considered in violation until Plan implementation.
Litigation Update Three complaints have been consolidated (API,
PMAA, Marathon) All EPA SPCC policy analysis since June 2003 has
focused on lawsuit items termed “Tier 1” Settlement discussions have been ongoing for
several months Environmental groups have shown interest in the
litigation Discussions associated with the litigation are
very limited Work on non-litigation issues, termed “Tier 2”
has been impacted
Tier I – Litigation Issues Secondary containment / cost-
impracticability (can cost play a factor?) Loading racks (definition of?) Navigable waters (SWANCC) Produced waters (want wastewater
exemption extended to) Should to shall/must – SBREFA
(procedural challenge; didn’t consider small business impacts)
Tier II – High Priority Non Litigation Issues Applicability to motive power (airplanes, “John Deere
Issue”) Scope and definition of operational equipment / process
vessels Distinction between various secondary containment
requirements Applicability of rule to various forms of piping Integrity testing for small bulk containers (tie to SBREFA
Tier I issue) Applicability of rule to mobile / portable containers (tanker
truck issues) Wastewater exemption & applicability of rule to oil water
separators
Status of EPA Tier II Policy Review Extensive interaction with stakeholders EPA technical workgroup has reviewed
and provided recommendations Senior EPA mgmt briefings held Decisions pending on actions EPA will
take to address Tier I policy issues Other offices in EPA must be consulted on
the technical workgroup’s recommendations
EPA 10 Policy PapersLoading/Unloading Areas/Racks
Wastewater Exemption: Produced Waters
Secondary Containment and Cost
Integrity Testing for Small Storage Tanks
Applicability to Piping Types of Secondary Containment
Applicability to Motive Power Applicability to Mobile Storage Containers
Operational Equipment/Process Tanks
Wastewater and Oil/Water Separators
Red: Litigation Issue
Stakeholder Meetings / White Papers Small Business Association (SBA) API Coalition Utility Solid Waste Activities Group (USWAG)** Edible Oil Industries** API Airline Industry Hogan & Hartson – (Law firm representing a
company coalition comprised of, for example, GE & Verizon)
Agriculture
** EPA has stated that Electrical and Food/Edible Oils Industry concerns will require specific attention
SBA Activities New policy proposals
Electrical SPCC/Stormwater overlap PE tiered certification proposal
• 1st Tier: <5,000 gallons of oil, exempt from having a written plan and/or PE certification
• 2nd Tier: 5,000 to 10,000 gallons of oil, required to have a written plan but not necessarily certified by a PE; PE site visit would not be required
• 3rd Tier: >10,000 gallons of oil, written plan certified by a PE
API-led Coalition Coalition’s white papers align with
EPA 10 policy papers Concerns:
Upcoming compliance deadline Budgeting/Capital Improvements
USWAG USWAG has provided policy
recommendations for electrical equipment
USWAG Proposal Allow each piece of equipment to be
designated a facility Tier I: Designate a “qualified facility”
• 20,000 gallon threshold• No SPCC Plan requirement
Tier II: All other regulated facilities
Food / Edible Oil Concerns with the applicability of
the rule to unique equipment/processes
Some SPCC sections can be deleted, others might be modified
Agricultural Sector EPA has met with USDA, EPA
Agricultural Center and EPA Agricultural Liaison – Jean Mari Peltier
Impact of rule on farmers Potentially large area of non-
compliance
Airline Industry Mobile fuelers Scope of rule Applicability to motive power (Jet
SPCC Plans???)
Timetable for Policy Clarification EPA Goal: Clarify Tier I & II issues by March
2004 Stakeholder meeting planned for first week in
March Proposed revisions to be published in the
Federal Register Guidance, policy, and regulatory change
are all possible All issues will not be resolved
Performance based rulemaking Role of the PE
Timetable Notes EPA does not anticipate another
extension…however
Litigation timing is impacting Tier II issues
EPA has stated they will provide a six-month notice for amending SPCC Plans in areas impacted by the Tier I & II issues
Melody Evans
Maytag - Amana Appliances
Alan J. Arnold
Alliant Energy
SPCC Project for John Deere Ottumwa Works
Liping Zhang, P.E.Deere & Company
March 9, 2004
Project Background Five loading/unloading locations for
oils and chemicals. None of them has containment Consolidates all the
loading/unloading areas into one location and install one concrete containment
Chemical loading/unloading area is also considered in this project
Lessons Learned
1. The ramp design
2. The land survey
Art Potratz
General Mills, Inc.