SPCC Plan Basics Donald P. Smith US EPA * * * * * * * Note

1
SPCC Plan Basics
Donald P. Smith US EPA
2
Objectives

• Provide an overview of 40 CFR 112
• Discuss administrative requirements
• For development of an SPCC Plan
• Discuss general contents of an SPCC Plan
• The administrative requirements discussed in this
  section are not eligible for environmental
  equivalence or impracticability

3
40 CFR 112 Structure

• 112.1 General applicability of the rule
• 112.2 Definitions of terms used in the rule
• 112.3 Requirement to prepare an SPCC Plan
• 112.4 Amendment of SPCC Plan by RA
• 112.5 Amendment of SPCC Plan by owner or
  operator
• 112.6 Qualified Facilities 2006 amendment
• 112.7 General requirements of all facilities
• 112.8 112.12 Additional specific
  requirements for different types of facilities
  and different types of oils

4
40 CFR 112 Structure (continued)
Appendix A Memorandum of understanding between
the Secretary of Transportation and the
Administrator of the Environmental Protection
Agency Appendix B Memorandum of understanding
among the Secretary of the Interior, Secretary
of Transportation, and Administrator of the
Environmental Protection Agency Appendix
C Substantial harm criteria Appendix G Tier I
Qualified Facility SPCC Plan Template
5
112.1 General 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 either of the capacity thresholds
• Aboveground storage gt 1,320 gallons or
• Completely buried storage gt 42,000 gallons

6
112.1(e) Prepare and Implement an SPCC Plan

• 40 CFR part 112 establishes requirements to
  prepare and implement SPCC Plans
• Designed to complement existing laws,
  regulations, rules, standards, policies, and
  procedures pertaining to safety standards, fire
  prevention, and pollution prevention rules
• Purpose To develop a comprehensive Plan that
  minimizes the potential for discharges
• Must address all relevant spill prevention,
  control, and countermeasures necessary at the
  facility

112.1(e)
7
112.2 Definitions Oils
Oil oil of any kind or in any form, including,
but not limited to fats, oils, or greases of
animal, fish, or marine mammal origin vegetable
oils, including oils from seeds, nuts, fruits, or
kernels and, other oils and greases, including
petroleum, fuel oil, sludge, synthetic oils,
mineral oils, oil refuse, or oil mixed with
wastes other than dredged spoil.
Animal fat non-petroleum oil, fat, or grease of
animal, fish or marine mammal origin
Vegetable oil - non-petroleum oil or fat of
vegetable origin, including but not limited to
oils and fats derived from plant seeds, nuts,
fruits, and kernels
Petroleum oil petroleum in any form, including
but not limited to crude oil, fuel oil, mineral
oil, sludge, oil refuse, and refined products
Non-petroleum oil oil of any kind that is not
petroleum-based, including but not limited to
Fats, oils, and greases of animal, fish, or
marine mammal origin and vegetable oils,
including oils from seeds, nuts, fruits, and
kernels.
8
112.2 Definitions Containers
Bulk storage container any container used to
store oil. These containers are used for purposes
including, but not limited to, the storage of oil
prior to use, while being used, or prior to
further distribution in commerce. Oil-filled
electrical, operating, or manufacturing equipment
is not a bulk storage container.
Breakout tank a container used to relieve
surges in an oil pipeline system or to receive
and store oil transported by a pipeline for
reinjection and continued transportation by
pipeline.
Oil-filled operational equipment - equipment
that includes an oil storage container (or
multiple containers) in which the oil is present
solely to support the function of the apparatus
or the device. Oil-filled operational equipment
is not considered a bulk storage container, and
does not include oil-filled manufacturing
equipment (flow-through process).
9
112.2 Definitions Containers
(continued)
Completely buried tank any container completely
below grade and covered with earth, sand, gravel,
asphalt, or other material. Containers in vaults,
bunkered tanks, or partially buried tanks are
considered aboveground storage containers for
purposes of this part.
Bunkered tank a container constructed or placed
in the ground by cutting the earth and
re-covering the container in a manner that breaks
the surrounding natural grade, or that lies above
grade, and is covered with earth, sand, gravel,
asphalt, or other material. A bunkered tank is
considered an aboveground storage container for
purposes of this part.
Partially buried tank a storage container that
is partially inserted or constructed in the
ground, but not entirely below grade, and not
completely covered with earth, sand, gravel,
asphalt, or other material. A partially buried
tank is considered an aboveground storage
container for purposes of this part.
10
112.2 Definitions Containers
(continued)
2006 Amendments
Motive power container - any onboard bulk storage
container used primarily to power the movement of
a motor vehicle, or ancillary onboard oil-filled
operational equipment. An onboard bulk storage
container which is used to store or transfer oil
for further distribution is not a motive power
container. The definition of motive power
container does not include oil drilling or
workover equipment, including rigs.
Mobile refueler - a bulk storage container,
onboard a vehicle or towed, that is designed or
used solely to store and transport fuel for
transfer into or from an aircraft, motor vehicle,
locomotive, vessel, ground service equipment, or
other oil storage container.
11
112.2 Definitions
(continued)
Produced water container - a storage container at
an oil production facility used to store the
produced water after initial oil/water
separation, and prior to reinjection, beneficial
reuse, discharge, or transfer for disposal.
2008 Amendments

• Loading/unloading rack - 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
  loading or unloading arm, and may include any
  combination of the following piping assemblages,
  valves, pumps, shut-off devices, overfill
  sensors, or personnel safety devices.

12
112.2 Definitions Facilities
2008 Amendments

• 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.

13
112.2 Definitions Facilities
(continued)
Onshore facility any facility of any kind
located in, on, or under any land within the
United States, other than submerged lands.
Offshore facility any facility of any kind
(other than a vessel or public vessel) located
in, on, or under any of the navigable waters of
the United States, and any facility of any kind
that is subject to the jurisdiction of the United
States and is located in, on, or under any other
waters
Complex facility possessing a combination of
transportation-related and non-transportation-rela
ted components that is subject to the
jurisdiction of more than one Federal agency
under section 311(j) of the CWA
14
112.2 Definitions Facilities
(continued)
2008 Amendments
Production facility- all structures (including
but not limited to wells, platforms, or storage
facilities), piping (including but not limited to
flow-lines or intra-facility gathering lines), or
equipment (including but not limited to workover
equipment, separation equipment, or auxiliary
non-transportation-related equipment) used in the
production, extraction, recovery, lifting,
stabilization, separation or treating of oil
(including condensate), or associated storage or
measurement, and is located in an oil or gas
field, at a facility. This definition governs
whether such structures, piping, or equipment are
subject to a specific section of this part.
15
112.2 Definitions Facilities
(continued)
Vessel every description of watercraft or other
artificial contrivance used, or capable of being
used, as a means of transportation, other than a
public vessel.
Farm a facility on a tract of land devoted to
the production of crops or raising of animals,
including fish, which produced and sold, or
normally would have produced and sold, 1,000 or
more of agricultural products during a year.
Owner or operator any person owning or
operating an onshore facility or an offshore
facility, and in the case of any abandoned
offshore facility, the person who owned or
operated or maintained the facility immediately
prior to such abandonment.
16
112.2 Definitions Discharges
Navigable waters of the United States
navigable waters as defined in section 502(7)
of the FWPCA, and includes (1) all navigable
waters of the United States, as defined in
judicial decisions prior to passage of the 1972
Amendments to the FWPCA (Pub. L. 92-500), and
tributaries of such waters (2) interstate
waters (3) intrastate lakes, rivers, and streams
which are utilized by interstate travelers for
recreational or other purposes and (4)
intrastate lakes, rivers, and streams from which
fish or shellfish are taken and sold in
interstate commerce. Note this is the 1973
definition
Discharge includes, but is not limited to, any
spilling, leaking, pumping, pouring, emitting,
emptying, or dumping of oil, but excludes
discharges in compliance with a permit under
section 402 of the CWA discharges resulting from
circumstances identified, reviewed, and made a
part of the public record with respect to a
permit issued or modified under section 402 of
the CWA, and subject to a condition in such
permit or continuous or anticipated intermittent
discharges from a point source, identified in a
permit or permit application under section 402 of
the CWA, that are caused by events occurring
within the scope of relevant operating or
treatment systems. For purposes of this part, the
term discharge shall not include any discharge of
oil that is authorized by a permit issued under
section 13 of the River and Harbor Act of 1899
(33 U.S.C. 407).
Worst case discharge largest foreseeable
discharge in adverse weather conditions as
determined using the worksheets in Appendix D
17
112.3 Prepare and Implement a Plan

• The facility owner/ operator must prepare an SPCC
  Plan
• In writing
• In accordance with 112.7 and any other
  applicable sections of 40 CFR part 112
• Compliance dates to prepare, amend, and implement
  an SPCC Plan

112.3
18
Compliance Dates for all Facilities

• The compliance date is now November 10, 2010, for
  all facilities including farms.
• The 2008 amendments would provide new
  production facilities with six more months, after
  beginning operations, to develop a Plan

2009 Amendments
112.3(a), (b), and (c)
19
Plan Preparation and Implementation for
Production Facilities

• A new oil production facility has six months
  after the start of operations to prepare and
  implement an SPCC Plan.
• A new production facility is one that becomes
  operational after November 10, 2010.
• Start of operations is indicated by the start
  of well fluid pumping, transfer via flowlines,
  separation, treatment or storage of crude oil, or
  other oil storage in capacities greater than the
  SPCC applicability threshold.
• The timeframe was chosen because oil production
  facilities are likely to stabilize within six
  months after the start of operations.
• Applicable only to oil production facilities,
  because of their uniquely variable and uncertain
  initial flowrates

2009 Amendments
112.3(b)(1) and (3)
20
Mobile Facilities

• Onshore and offshore mobile facilities must
  prepare, implement, and maintain a Plan as
  required by the rule
• Amend and implement a Plan, if necessary to
  ensure compliance with the rule, on or before
  November 10, 2010
• Can be a general Plan a new Plan is not required
  each time a facility moves to a new site

112.3(c)
21
Professional Engineer Certification

• A licensed PE must review and certify a Plan and
  technical amendments
• The certification does not relieve the
  owner/operator of his duty to prepare and fully
  implement a Plan

Qualified facilities may opt to self-certify
Plans in lieu of PE-certification
112.3(d), 112.5(c)
22
PE Attestation
2002 Provision

• In the certification, the PE attests that
• He is familiar with the rule requirements
• He or his agent visited and examined the facility
• The Plan has been prepared in accordance with
  good engineering practice, including the
  consideration of applicable industry standards,
  and with the requirements of 40 CFR part 112
• Procedures for required inspections and testing
  have been established
• The Plan is adequate for the facility

112.3(d)(1)
23
PE Attestation (continued)

• PEs do not need to be licensed in the state in
  which the facility is located
• PEs can be employees of the facility
• Some states do not allow plan self certification

112.3(d)(1)
24
Plan Location
2002 Provision

• Maintain a complete copy of the Plan
• At the facility if it is attended at least 4
  hours per day
• At the nearest field office if the facility is
  attended for less than 4 hours per day
• Have the Plan available to the RA for on-site
  review during normal working hours

112.3(e)
25
Extension Requests

• Regional Administrator (RA) may authorize
  extension to prepare, implement, and/or amend
  Plan if facility cannot fully comply with
  requirements
• Non-availability of qualified personnel
• Delays in construction or equipment delivery
• Owner/operator must submit a written extension
  request
• Cause
• Actions taken and planned to minimize delay
• Proposed time schedule

112.3(f)
26
112.4 Amendment of SPCC Plan by Regional
Administrator

• Notify Regional Administrator
• Submit specific information to the RA if the
  facility discharged
• More than 1,000 gallons of oil in a single
  discharge as described in 112.1(b)
• More than 42 gallons of oil in each of two
  discharges as described in 112.1(b) within any
  12-month period
• The gallon amount (42 or 1,000) refers to the
  amount of oil that reaches navigable waters which
  is reportable under 40 CFR 110
• No action necessary until one of the above
  triggering events

112.4(a) and (b)
27
Submit Information

• Submit information to RA within 60 days of
  becoming subject to this section
• Name, location, and description of facility
• Contact name
• Maximum storage or handling capacity and normal
  daily throughput
• Corrective action and countermeasures taken
• Cause of discharge
• Additional preventive measures taken
• Other information reasonably required
• Send copy to appropriate state agencies

112.4(a) and (c)
28
Plan Amendment by RA

• Amend Plan as required by the RA
• To meet the requirements of the rule
• Prevent and contain discharges from facility
• Decision based on
• Review of information facility submits
• Review of information from state agency
• On-site review of Plan

112.4(d)
29
Timeframe for RA Amendment

• EPA proposes for facility to amend Plan
• Facility has 30 days to respond with written
  information, views, arguments
• RA either notifies facility of required
  amendments or rescinds notice
• Amend Plan within 30 days, implement ASAP but no
  later than 6 months, unless RA specifies
  otherwise
• Appeal within 30 days EPA decides within 60 days

112.4(e) and (f)
30
EPA proposes for facility to amend plan
Facility responds with written information,
views, and arguments
30 Days
RA rescinds notice
RA notifies facility of required amendments
30 Days
Facility amends plan
Facility appeals decision
6 months at the latest
60 Days
Facility implements plan
EPA makes a decision
31
112.5 Amendment of SPCC Plan by Owners or
Operators

• For changes in facility design, construction,
  operation, or maintenance that materially affect
  the potential for a discharge as described in
  112.1(b)
• Commissioning and decommissioning containers
• Replacement, reconstruction, or movement of
  containers
• Reconstruction, replacement, or installation of
  piping systems
• Construction or demolition that might alter
  secondary containment structures
• Changes in product or service
• Revision of operating or maintenance procedures
• Amend within 6 months implement ASAP, but no
  later than 6 months after amendment

112.5
32
Plan Review

• Complete review and evaluation of Plan
• Once every 5 years from the date facility becomes
  subject to the rule
• If a facility was in operation on or before
  8/16/2002, five years from the date of your last
  review required by the rule
• Does not always require a PE review or
  certification
• Amend Plan within 6 months to include more
  effective prevention and control technology
• Implement ASAP, but no later than 6 months of
  amendment

112.5(b) and (c)
33
Documenting Plan Review
2002 Provision

• Must document Plan review and evaluation
• Sign statement at beginning or end of Plan or in
  a log or an appendix
• I have completed review and evaluation of the
  SPCC Plan for (name of facility) on (date), and
  will (will not) amend the Plan as a result.
• PE must certify any technical amendment to Plan
• Qualified Facilities exception

112.5(b) and (c)
34
112.6 Qualified Facility Plan Requirements

• Smaller oil storage facility that is eligible for
  streamlined regulatory requirements
• Self-certified SPCC Plan instead of one reviewed
  and certified by a Professional Engineer
• Streamlined integrity testing requirements
• Streamlined facility security requirements
• Must meet eligibility criteria to use alternative
  option
• The 2008 amendments would divide this group of
  facilities into tiers
• Requirements described here would apply to Tier
  II facilities
• Additional relief would be provided to Tier I

35
112.7 General Requirements for SPCC Plans

• Plan Format
• Prepare in writing and according to good
  engineering practice
• Approval of management with authority to commit
  resources to fully implement the Plan
• For procedures, methods, and equipment that are
  not yet fully operational
• Discuss in separate paragraphs
• Explain separately the details of installation
  and start-up

112.7
36
Alternate Plan Formats

• If a Plan does not follow the sequence specified
  in the rule, an equivalent Plan may be prepared
• Acceptable to the Regional Administrator
• Meets all applicable requirements in rule
• Provide a cross-reference that shows the location
  of each of the SPCC requirements

112.7
37
Items to Address in the Plan
2002 Provision

• Type of oil in each container and its storage
  capacity
• Discharge prevention measures including
  procedures for routine handling of products
• Discharge or drainage controls
• Countermeasures for discharge discovery,
  response, and cleanup
• Methods of disposal of recovered materials
• Contact list and phone numbers (including NRC)
• If no FRP, then
• Information for reporting
• Organize portions of the Plan describing
  procedures for when a discharge occurs to make
  them readily available during emergency

112.7(a)(3)
38
Facility Diagram
2002 Provision

• Supplements facility description, which may
  include facility location, type, size, and
  proximity to navigable waters, etc.
• Includes completely buried tanks that are
  otherwise exempted from the rule
• Provides enough detail to undertake prevention
  activities, perform inspections, and take
  response measures
• Includes intra-facility gathering lines that are
  otherwise exempted from the rule

112.7(a)(3)
39
Facility Diagram
2002 Provision

• Required elements
• The location and contents of oil containers (gt55
  gallons)
• Completely buried tanks otherwise exempt
• Connecting piping
• Transfer stations

• Recommended elements
• Secondary containment
• Storm drain inlets and surface waters
• Direction of flow in the event of a discharge
• Legend scale and symbols
• Location of response kits and firefighting
  equipment
• Location of valves or drainage system controls
• Compass direction
• Topographical information and area maps

112.7(a)(3)
40
Facility Diagram Requirement

• Revision clarifies that the facility diagram must
  include all fixed (i.e., not mobile or portable)
  containers.
• For mobile or portable containers, the diagram
  must
• Identify a storage area on the facility diagram
  (e.g., a drum storage area).
• Include a separate description of the containers
  in the storage area in the Plan, or reference
  facility inventories that can be updated by
  facility personnel.
• Provide an estimate of the potential number of
  containers, types of oil, and anticipated
  capacities

2008 Amendments
112.7(a)(3)
41
Exempt Containers and Piping

• Certain containers and piping, exempted from SPCC
  requirements in the 2008 amendments, must be
  identified on the facility diagram and marked as
  exempt. Includes
• Underground storage tanks at nuclear power
  generation facilities and
• Intra-facility gathering lines subject to the
  requirements of 49 CFR part 192 or 195.

2008 Amendments
112.7(a)(3)
42
Example Manufacturing

• The following slide is an example Facility
  Diagram (see handout in folder). Note that it
  contains
• Example of how manufacturing equipment and
  complex piping may be represented on a facility
  diagram
• Variety of containers and equipment, including
  piping, oil-filled equipment, and completely
  buried storage tanks
• Includes a reference to a table listing tank
  contents
• Reference to the calculation of diked storage
• Wastewater treatment systems, secondary
  containment, and oil/water separators

43
(No Transcript)
44
Volume and Content of Tanks and Containers
45
Failure Analysis

• Where experience indicates reasonable potential
  for equipment failure
• Tank loading or unloading equipment
• Tank overflow, rupture, or leakage
• Any other equipment known to be a source of a
  discharge
• Predict for each type
• Direction
• Rate of flow
• Total quantity of oil which could be discharged

112.7(b)
46
Recordkeeping

• Written procedures of tests
• and inspections
• Keep record of procedures and record of
  inspections/tests
• Signed by appropriate supervisor or inspector
• With SPCC Plan
• Period of three years
• Records of inspection/tests kept under usual and
  customary business practices suffice

112.7(e)
47
Personnel Training
2002 Provision

• Train oil-handling personnel
• Operation/maintenance of prevention equipment
• Discharge procedure protocols
• Applicable pollution control laws, rules, and
  regulations
• General facility operations
• Contents of the facility SPCC Plan
• Designate person accountable for discharge
  prevention and who reports to facility mgmt
• Schedule/conduct at least one briefing/year
• Known discharges and failures, malfunctioning
  components, new precautionary measures

112.7(f)
48
Security Requirements
2008 Amendments

• Security requirements for all applicable
  facilities are now consistent with requirements
  for qualified facilities as finalized in December
  2006.
• More streamlined, performance-based
• Tailored to the facilitys specific
  characteristics and location

Production facilities have no security
requirements
112.7(g)
49
Security Requirements

• Plan must describe how
• Access to oil handling, processing and storage
  areas is secured and controlled
• Master flow and drain valves are secured
• Unauthorized access to starter controls on oil
  pumps is prevented
• Out-of-service and loading/unloading connections
  of oil pipelines are secured and
• The appropriateness of security lighting is
  addressed to both prevent acts of vandalism and
  assist in the discovery of oil discharges.

2008 Amendments
112.7(g)
50
Brittle Fracture
2002 Provision

• Field-constructed aboveground container must be
  evaluated for risk of discharge or failure due to
  brittle fracture if
• Container undergoes a repair, alteration,
  reconstruction, or change in service that might
  affect risk of discharge or failure due to
  brittle fracture or other catastrophe, or
• Container has discharged oil or failed due to
  brittle fracture or other catastrophe

112.7(i)
51
112.8 SPCC Requirements for Onshore Facilities

• Outlines specific requirements (in addition to
  general requirements in 112.7) for onshore
  facilities (excluding production facilities)
  regarding
• Facility drainage
• Bulk storage containers
• Facility transfer operations, pumping, and
  facility process

52
112.9 SPCC Requirements for Onshore Production
Facilities

• Outlines specific requirements (in addition to
  general requirements in 112.7) for onshore
  production facilities regarding
• Facility drainage
• Bulk storage containers
• Facility transfer operations, pumping, and
  facility process

53
112.10 SPCC Requirements for Onshore Drilling
and Workover Facilities

• Outlines specific requirements (in addition to
  general requirements in 112.7) for onshore
  drilling and workover facilities regarding
• Positioning of mobile drilling or workover
  equipment so as to prevent discharge
• Providing catchment basins or diversion
  structures
• Installation of blowout prevention assembly and
  well control system before drilling or during
  workover operations

54
Role of SPCC Inspector

• Review format and required elements
• Verify PE certification statements
• Confirm Plan review and documentation
• Inspect records of test and inspections
• Verify that facility diagram accurately
  represents the facility layout and provides
  sufficient detail

55
The Most CommonSPCC Violations
56
No SPCC Plan

• Commonly found at facilities that did not know
  that they were regulated
• Small facilities
• Farms
• Construction sites

57
No PE Certification

• PE certifies that the facilitys equipment,
  design, construction, and maintenance procedures
  used to implement the Plan are in accordance with
  good engineering practices.
• PE certification must be completed in accordance
  with law of the state in which the PE is working
• Generally certification includes
• Name
• Registration number and State
• Date of Certification
• PE seal affixed to Plan

58
No Records

• Owner/operator does not have records of
  inspections or tests
• Common to hear that they do inspections, but not
  write them down

59
Summary

• SPCC Plan Preparation and Implementation
• Required under 40 CFR part 112 to minimize
  potential for discharges
• Applicable facilities must prepare/amend and
  implement Plan by 7/1/09
• Licensed PE must review and certify Plan
• Qualified Facilities (10,000 gallons or less) may
  self-certify
• Plan Amendment
• After discharge of certain size/frequency, RA may
  request Plan amendment
• Owner/operator must amend plan within 6 months of
  change that materially affects potential for a
  discharge
• (Continued)

60
Summary (continued)

• Plan Review
• Must review, evaluate, and document review of
  Plan every 5 years from date facility becomes
  subject to SPCC
• Facility Diagram
• Plan must include facility diagram with enough
  detail to undertake prevention, inspection, and
  response activities
• Required to include location and contents of oil
  containers (gt55 gallons) connecting piping
  transfer stations completely buried tanks
  otherwise exempt