SPCC Update How Do The Ongoing Changes Effect Me

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SPCC UpdateHow Do The Ongoing Changes Effect Me?

• Michael L. Walker, PE.
• The EI Group, Inc.

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Agenda

• Overview of SPCC Rule
• Oil Discharge Reporting
• December 2006 Amendments
• Smaller Capacity Oil Storage Facilities
• Oil-Filled Operational Equipment
• Other Regulatory Revisions
• October 2007 Proposed Rule Changes
• Some New Elements (2002 Changes)
• Questions and Answers

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Some New Elementsof 2006 Rule

• Security 112.7(g)
• Unloading Areas 112.7(h)
• Inspection and Testing 112.8(c)(6)
• Mobile Tanks 112.8(c)(11)

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2006 StreamlinedRequirements for

• Facilities with an oil storage capacity of 10,000
  gallons or less (qualified facilities)
• Examined further in 2007 Proposed Changes
• Oil-filled operational equipment
• Mobile refuelers
• Exempts motive power containers

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Other 2007 Proposed Rule Changes

• Hot-Mix Asphalt
• Farms
• Home Heating Oil Containers
• Facility Diagram
• Animal Fats and Vegetable Oils
• Oil Production Facilities

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Oil Program Timeline

• Federal Water Pollution Control Act Amendments
• Original SPCC Rule 40 CFR Part 112
• Ashland Oil Spill SPCC Task Force
• Exxon Valdez in Alaska
• Oil Pollution Act
• Proposed SPCC Rule complete revision of
  existing rule
• Proposed SPCC Rule amendments
• Final Facility Response Plan (FRP) Rule
• Additional proposed SPCC amendments
• Draft Final SPCC Rule remanded to OMB
• Final SPCC rule published 7/17/02, effective
  8/16/02
• SPCC compliance date extension issued
• SPCC litigation settlement and compliance date
  extension
• Proposed SPCC Rule amendments and SPCC Inspector
  Guidance Manual
• Compliance Date Extension
• Proposed Rule Changes

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SPCC Rule Overview

• Oil Pollution Prevention and Response regulation
  (40 CFR 112)
• Outlines requirements for prevention of,
  preparedness for, and response to oil discharges
  
• Prevention requirements called the SPCC rule
• Includes requirements for Facility Response Plans
  (FRPs)
• Requirements help prevent oil discharges from
  reaching navigable waters or adjoining shorelines
  
• Requires specific facilities to develop SPCC
  Plans
• Details equipment, workforce, procedures, and
  training to prevent, control, and provide
  adequate countermeasures to a discharge of oil

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Applicability Flow Chart
Source SPCC Guidance for Regional Inspectors,
www.epa.gov/oilspill
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When?

• unless, of course, EPA changes this again.

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Got Oil?

• The list of Petroleum and Non-petroleum oils
  subject to the Clean Water Act requirements can
  be found at http//www.uscg.mil/vrp/faq/oil.shtml
• Oils include gasoline, non-petroleum oils,
  asphalt, hexane, jet fuel, mineral spirits,
  edible and non-edible animal and vegetable oils,
  coal tar, creosote, lube oil additives, tallow,
  polyolefins, ethyl cyclohexane, turpentine

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The Oil List
Crude Oil and Refined Petroleum Products Alkanes
(C6-C9) n-Alkanes (C10) iso- cyclo-Alkanes
(C10-C11) Alkylbenzenes (C9) Alkylbenzene,
Alkylindane, Alkylindene mixture (each C12-C17)
Asphalt Asphalt cutback Asphalt emulsion
Asphalt blending stocks Roofers flux Asphalt
blending stocks Straight run residue Aviation
alkylates Cobalt naphthenate in Solvent naphtha
p-Cymene Diisopropyl naphthalene Distillates
Flashed feed stocks Distillates Straight run
Ethyl cyclohexane Gas oil Cracked Gasoline
Automotive (not over 4.23g Pb/gal) Gasoline
Aviation (not over 4.86g Pb/gal) Gasoline
Casinghead (natural) Gasoline Polymer
Gasoline Straight run Gasoline blending
stocks Alkylates Gasoline blending stocks
Reformates Heptane (all isomers) Heptene (all
isomers) Hexane (all isomers) Hexene (all
isomers) Jet fuel Jet A-1 Jet fuel Jet A Jet
fuel Jet B Jet fuel JP-4 Jet fuel JP-5
(Kerosene, heavy) Jet fuel JP-8 Kerosene
Methylcyclohexane Mineral spirits Naphtha
Heavy Naphtha Paraffinic Naphtha Petroleum
Naphtha Solvent Naphtha Stoddard solvent
Naphtha VM P (75 Naphtha) Nonane (all
isomers) Nonylbenzene Octane (all isomers)
Oil, fuel No. 1 Oil, fuel No. 1-D Oil, fuel
No. 2 Oil, fuel No. 2-D Oil, fuel No. 4 Oil,
fuel No. 5 Oil, fuel No. 6 Oil, misc
Aliphatic Oil, misc Aromatic Oil, misc
Clarified Oil, misc Coal Oil, misc Crude
Oil, misc Diesel Oil, misc Gas, low pour
Oil, misc Gas, low sulfur Oil, misc Heartcut
distillate Oil, misc Lubricating Oil, misc
Mineral Oil, misc Mineral seal Oil, misc
Motor Oil, misc Penetrating Oil, misc
Residual Oil, misc Road Oil, misc Seal Oil,
misc Spindle Oil, misc Transformer Oil, misc
Turbine Olefin mixtures (C5-C7) alpha-Olefins
(C6-C18) mixtures Olefins (C13) Pentene (all
isomers) 1-Phenyl-1-xylyl ethane
iso-Propylcyclohexane Tetrahydronaphthalene
White spirit (low (15-20) aromatic) Edible
Animal and Vegetable Oils Oil, edible Beechnut
Oil, edible Castor Oil, edible Cocoa butter
Oil, edible Coconut Oil, edible Cod liver
Oil, edible Corn (maize) Oil, edible
Cottonseed Oil, edible Fish Oil, edible
Groundnut Oil, edible Hazelnut Oil, edible
Lard Oil, edible Nutmeg butter Oil, edible
Olive Oil, edible Palm Oil, edible Palm
kernel Oil, edible Peanut Oil, edible Peel
Oil, edible Poppy Oil, edible Poppy seed
Oil, edible Raisin seed Oil, edible Rapeseed
Oil, edible Rice bran Oil, edible Safflower
Oil, edible Salad Oil, edible Sesame Oil,
edible Soya bean Oil, edible Sunflower seed
Oil, edible Tucum Oil, edible Vegetable Oil,
edible Walnut Other Oils of Animal or Vegetable
Origin Animal and Fish oils, n. o. s. Animal and
fish acids oils and distillates, n. o. s.
Camphor oil Cashew nut shell oil (untreated)
Creosote (wood) Fatty acid (saturated, C13)
Fatty acid amides Oil, misc Animal Oil, misc
Coconut, fatty acid methyl ester Oil, misc
Coconut oil, fatty acid Oil, misc Cottonseed
oil, fatty acid Oil, misc Lanolin Oil, misc
Linseed Oil, misc Neatsfoot Oil, misc
Oiticica Oil, misc Palm oil, fatty acid methyl
ester Oil, misc Perilla Oil, misc Pilchard
Oil, misc Pine Oil, misc Rosin Oil, misc
Soapstock Oil, misc Soybean (epoxidized) Oil,
misc Sperm Oil, misc Tall Oil, misc Tall,
fatty acid Oil, misc Tallow Oil, misc Tung
Oil, misc Whale Palm kernel acid oil Palm
kernel acid oil, methyl ester Palm Olein Palm
Stearin Palm Fatty Acid Distillate Tallow fatty
acid Tallow nitrile Turpentine Vegetable acid
oils and distillates, n. o. s. Vegetable oils,
n. o. s. Other Non-Petroleum Oils Anthracene oil
(Coal tar fraction) Coal tar Coal tar pitch
(molten) Creosote (Coal tar) Naphtha Coal tar
solvent Polydimethylsiloxane Lube-Oil
Additives Alkaryl polyether (C9-C20) Alkenyl
(C11) amide Alkyl (C8) amine, alkenyl (C12)
acid ester mixture Alkyl (C11-C17) benzene
sulfonic acid Alkylbenzene sulfonic acid, sodium
salt solution Alkyl dithiothiadiazole (C6-C24)
Alkyl (C8-C40) phenol sulfide Alkyl (C8-C9)
phenylamine in aromatic solvents Alkyl
(C10-C20), saturated and unsaturated) phosphite
Aryl polyolefin (C11-C50) Calcium alkyl (C9)
phenol sulfide, polyolefin phosphorosulfide
mixture Calcium long chain alkaryl sulfonate
(C11-C50) Calcium long chain alkyl (C5-C10)
phenate Calcium long chain alkyl (C11-C40)
phenate Calcium long chain alkyl phenate sulfide
(C8-C40) Calcium long chain alkyl salicylate
(C13) Calcium long chain alkyl phenolic amine
(C8-C40) Chlorinated paraffins (C18) with any
level of chlorine Dialkyl (C8-C9) diphenylamines
Dibutyl hydrogen phosphonate Diphenylamine,
reaction product with 2, 2, 4-Trimethylpentene
Diphenylamines, alkylated Dodecyl hydroxypropyl
sulfide Glycerol monooleate Long chain alkaryl
polyether (C11-C20) Long chain alkaryl sulfonic
acid (C16-C60) Long chain alkylphenate/Phenol
sulfide mixture Magnesium long chain alkaryl
sulfonate (C11-C50) Magnesium long chain alkyl
salicylate (C11) Olefin/Alkyl ester copolymer
(molecular weight 2000) Oleylamine Phosphate
esters, alkyl (C12-C14) amine Polyalkyl
(C10-C20) methacrylate Polyether (molecular
weight 2000) Polyether, borated Polyisobutenyl
anhydride adduct Polyolefin (molecular weight
300) Polyolefin amide alkeneamine (C28)
Polyolefin amide alkeneamine borate (C28-C250)
Polyolefin amide alkeneamine molybdenum
oxysulfide mixture Polyolefin amide alkeneamine
polyol Polyolefinamine (C28-C250)
Polyolefinamine in alkyl (C2-C4) benzenes
Polyolefin aminoester salt Polyolefin anydride
Polyolefin ester (C28-C250) Polyolefin phenolic
amine (C28-C250) Polyolefin phosphorosulfide
Barium derivative (C28-C250) Sodium petroleum
sulfonate Sulfohydrocarbon (C3-C88)
Sulfohydrocarbon, long chain (C18_ alkylamine
mixture Sulfurized fat (C14-C20) Sulfurized
polyolefinamide alkene (C28-C250) amine Tall oil
fatty acid, barium salts Zinc alkaryl
dithiophosphate (C7-C16) Zinc alkyl
dithiophosphate (C3-C14)
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Oil Discharge Reporting

• Facilities that discharge oil to navigable waters
  or adjoining shorelines subject to certain
  federal reporting requirements
• 40 CFR 110, Discharge of Oil regulation
• Framework for determining whether an oil
  discharge to inland and coastal waters or
  adjoining shorelines should be reported to the
  National Response Center
• 40 CFR 112, Oil Pollution Prevention regulation
• Identifies certain types of discharges from
  regulated facilities that also need to be
  reported to EPA

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Discharge of Oil Sheen Rule

• Any facility or vessel is subject to these
  reporting requirements if it discharges a harmful
  quantity of oil to U.S. navigable waters,
  adjoining shorelines, or the contiguous zone
• Harmful quantity of discharged oil
• Violates state water quality standards
• Causes a film or sheen on the waters surface
• Leaves sludge or emulsion beneath the surface.
• Not based on amount of oil discharged, but
  instead on the presence of a sheen, sludge, or
  emulsion

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National Response Center (NRC)

• Report discharges 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

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SPCC Reporting Requirements

• Some discharges must also be reported to EPA
• Requirements found in 112.4(a)
• Applies to facilities subject to the SPCC rule
• 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 or adjoining
  shorelines
• More than 42 U.S. gallons of oil in each of two
  discharges to navigable waters or adjoining
  shorelines within a 12-month period
• When making this determination it is the amount
  of oil in gallons that reached the navigable
  waters
• An owner/operator must report the discharge(s) to
  the EPA Regional Administrator within 60 days

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Spill Reporting in NC

• Release of 25 gallons or greater must be reported
• North Carolina statute 143-215.85 Required
  notice.
• a person who owns or has control over petroleum
  that is discharged into the environment shall
  immediately take measures to collect and remove
  the discharge, report the discharge to the
  Department within 24 hours of the discharge, and
  begin to restore the area affected by the
  dischargeif the volume of the petroleum that is
  discharged is 25 gallons or more or if the
  petroleum causes a sheen on nearby surface water
  or if the petroleum is discharged at a distance
  of 100 feet or less from any surface water body.

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Rule Changes in Focus

• Small Facilities
• Minimal Oil Storage Capacity
• Qualifies for Streamlined Plan
• Inspection Testing
• STI and Integrity Testing
• Unloading Areas and Racks
• Security
• Oil-Filled Equipment
• Mobile Tanks

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Qualified Facilities

• Must meet eligibility criteria to use alternative
  option
• Streamlined regulatory requirements
• Self-certified SPCC Plan not by PE
• Streamlined integrity testing requirements
• Streamlined facility security requirements
• May also use qualified oil-filled operational
  equipment option (impracticability determination
  by a PE is not necessary)

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Qualified FacilitiesEligibility Criteria

• Facility must have 10,000 gallons or less in
  aggregate aboveground oil storage capacity
• For the 3 years prior to Plan certification the
  facility must not have had
• A single discharge of oil to navigable waters
  exceeding 1,000 U.S. gallons, or
• Two discharges of oil to navigable waters each
  exceeding 42 U.S. gallons within any 12-month
  period

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Reportable Discharge History

• When determining the applicability of this
  criterion, the gallon amount(s) specified refers
  to the amount of oil that actually reaches
  navigable waters or adjoining shorelines, not the
  total amount of oil spilled.
• Oil discharges that result from natural
  disasters, acts of war, or terrorism are not
  included
• Facilities that have a reportable oil discharge
  after self-certifying the SPCC Plan do not
  automatically lose eligibility
• However, the Regional Administrator has the
  authority to require a Plan amendment

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Self-Certification

• Owner/operator attests
• familiar with the rule
• visited and examined the facility
• Owner/operator also certifies that
• Plan has been prepared in accordance with
  accepted and sound industry practices and
  standards and with the rule requirements
• Procedures for required inspections/testing have
  been established
• The Plan is being fully implemented
• The facility meets the qualifying criteria
• The Plan does not deviate from rule requirements
  (except as allowed and as certified by a PE)
• Management approves the Plan and has committed
  resources to implement it

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Alternative Measures

• May use environmentally equivalent measures and
  make impracticability determinations
• if reviewed and certified by a PE
• Rule provides alternative requirements for
  integrity testing and security
• do not need to be reviewed/certified by a PE

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Technical Amendments

• May self-certify technical amendments as long as
  a PE has not certified the portion being changed
• If a PE certified the affected portion of the
  Plan, then a PE must certify the technical
  amendment

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Alternative Integrity Testing Requirements for
Qualified Facilities

• Test and inspect each aboveground container for
  integrity on a regular schedule and whenever
  material repairs are made
• Flexibility to determine, in accordance with
  industry standards
• Appropriate qualifications for personnel
  performing tests and inspections
• Frequency and type of testing and inspections
  that take into account container size,
  configuration, and design
• No longer specifically requires both visual
  inspection and another testing method

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Alternative Facility Security Requirements for
Qualified Facilities

• To prevent acts of vandalism and assist in the
  discovery of oil discharges, owners/operators of
  qualified facilities may describe how they
• Control access to the oil handling, processing
  and storage areas
• Secure master flow and drain valves and
  out-of-service and loading/unloading connections
  of oil pipelines
• Prevent unauthorized access to starter controls
  on oil pumps
• Address the appropriateness of security lighting

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Qualified Facility2007 Proposed Rules Changes

• Two Tier Low Volume Designation
• Tier I Qualified Facility
• lt 10,000 Total Gallons
• No UST Larger Than 5,000 Gallons
• Self-Certified SPCC Plan Template
• No Facility Diagram
• No Certified Inspections
• Limited Discussion of Controls Procedures
• Tier II Qualified Facility
• lt 10,000 Total Gallons
• Self-Certify Own SPCC Plan

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Qualified Facilities - Summary
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Inspection Testing (112.8(c)(6))

• Most significant impact of the rule
• Larger facilities may have employed certain
  industry standard inspections
• Most owners now have a new requirement

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Inspection Testing Rules

• Paragraph 112.7(e) requires that the inspection
  and testing of bulk storage tanks be defined
• Paragraph 112.8(c)(6) requires
• integrity testing on a regular basis
• the testing combine visual inspection with some
  other technique, and
• that records be kept to facilitate comparisons
  about tank wall thicknesses.

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Where is the Guidance

• EPA acknowledges that specific industry
  standards
• API Standard 653, Tank Inspection, Repair,
  Alteration, and Reconstruction
• API Recommended Practice 575, Inspection of
  Atmospheric and Low-Pressure Tanks
• Steel Tank Institute Standard SP001, Standard
  for Inspection of Aboveground Storage Tanks
• API 653 and 575 applied to larger
  field-fabricated tanks
• STI standard specifically developed for smaller
  shop-fabricated tanks

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STI SP001-04

• July 2006 (4th Edition)
• Establishes specific standards
• Safety Precautions
• Inspector Qualifications
• Periodic Inspections (Improved)
• Formal External Inspections
• Formal Internal Inspections
• Leak Testing Methods
• Suitability for Continued Service

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STI SP001-04 AST Categories

• Category 1 ASTs with spill control and with
  CRDM
• Category 2 ASTs with spill control and without
  CRDM
• Category 3 ASTs without spill control and with
  CRDM
• CRDM Continuous Release Detection Method
• A passive method of detecting a release through
  inherent design, including a barrier or integral
  secondary containment.

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STI SP001-04AST Inspection Schedules

• P Periodic AST Inspection
• E Formal External Inspection by Certified
  Inspector
• I Formal Internal Inspection by Certified
  Inspector

• L Leak Test by Owner or Owners Designee
• ( ) Indicates Maximum Inspection Interval

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STI SP001-04AST Periodic Inspections

• Conducted by owners inspector. (Example
  checklists in Appendix C of this standard.)
• Inspector must be knowledgeable of storage
  facility operations.
• Collect repair and alteration data before each
  inspection.
• Complete the STI SP001 AST Record for each AST.
• Complete the STI SP001 Monthly Inspection
  Checklist each month.
• Complete the STI SP001 Annual Inspection
  Checklist each year.
• For portable containers, Complete only the STI
  SP001 Portable Container Monthly Inspection
  Checklist each month.
• As an alternative, if documentation is kept
  on-site for each portable container that
  indicates how long each has been kept at the
  facility, then inspector is to complete only the
  STI SP001 Portable Container Monthly Inspection
  Checklist each month for containers on-site for
  91 days or more.
• By removing water or taking other corrective
  action on a regular basis, harmful Microbial
  Influenced/Induced Corrosion (MIC) is prevented.
  Monitor for water accumulation monthly. If
  corrosion is found due to MIC, treat the AST with
  a proper biocide or otherwise sterilize the AST.

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Visual Inspections Testimonies

• Double-wall tanks
• Imperative to inspect prevention and containment
  systems
• Imperative to test electronics

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Visual Inspections Testimonies

• Full diversionary sump
• Checking would improve the capabilities

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Tank Integrity Testing

• Most Significant Change
• Qualified Tank Inspector
• Part of Formal Inspections
• External
• Ultrasonic Thickness Testing
• Ultrasonic Testing Scan
• Internal
• Ultrasonic Testing Scan
• Tank Category Dependent

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2007 Proposed Rule ChangesIntegrity Testing

• Clarify Intended Flexibility
• Removes Combined Visual Inspection and Other
  Testing Technique Requirement under 112.8(c)(6)
  and 112.12(c)(6)
• Hydrostatic Testing
• Radiographic Testing
• Ultrasonic Testing
• Acoustic Emissions Testing
• Other Non-Destructive Testing
• Reinforces Industry Standards (STI API)

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Loading/Unloading Areas

• Commonly overlooked in facility design process
• 2002 preamble loading and unloading of fuel
  represents a significant risk of release
• Rules now include specific requirements (rather
  than suggestions)
• Containment
• Warning systems or physical barriers
• Inspections

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Unloading Area Containment

• Catchment basins
• Direct the material to treatment system
• Quick drainage system that collects and
  contains the oil

• 112.7(c) Containment Systems
• Dikes, Berms, or Retaining Walls Sufficiently
  Impervious to Contain Oil
• Curbing
• Culverting, Gutters, or Other Drainage Systems
• Spill Diversion Ponds
• Retention Ponds
• Sorbent Materials

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Loading/Unloading Containment Challenges

• Rail car unloading

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Loading/Unloading Containment Challenges

• Fueling from asphalt parking lot

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Loading/Unloading Containment Challenges

• Fueling from public street

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2007 Proposed Rule ChangesLoading/Unloading Racks

• Racks vs. Areas
• Confusion in Rule
• 112.7(h) Titled Rack but Area Used
• 112.7(h)
• Specifically Governs Loading/Unloading Racks
• Includes Sized Containment
• Loading/Unloading (or Transfer) Areas
• Subject the General Containment Requirements
  Under 112.7(c)

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Security Requirements (112.7(g))

• Purpose to prevent accidental or intentional
  (vandalism) releases of oil
• 112.7(g)(a) requires
• Fully fence each facility handling, processing,
  or storing oil, and lock and/or guard entrance
  gates when the facility is not in production or
  is unattended.
• July 17, 2002 preamble rule
• When you use a fence to protect a facility, the
  design of the fence should deter vandalism.
  Methods of deterring vandals might include barded
  wire or other devices.

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Security Challenges

• Large rural facility

• Truck access

• Some fences better than others

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Security Challenges

• Lock containment drains

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Security Challenges

• Along railroad spur
• Deviation from standard allowed 112.7(a)(2)

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2007 Proposed Rule ChangesSecurity

• No One-size-fits-all Solution
• Performance-Based Objectives To
• Secure/Control Access
• Secure Master Flow/Drain Valves
• Prevent Unauthorized access to Pump Starter
  Controls
• Secure Out-Of-Service and Loading/Unloading
  Connections
• Address Appropriateness of Security Lighting
• Consistent with Qualified Facility Security
  Requirement

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Oil-Filled Operational Equipment Definition

• 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
• Not considered a bulk storage container
• Does not include oil-filled manufacturing
  equipment (flow-through process)
• Piping might be considered a component of
  oil-filled operational equipment
• Yes, if it is inherent to the equipment and used
  solely to facilitate operation of the device
• No, if it is not intrinsic to the equipment
  (i.e., flowlines, transfer piping or piping
  associated with a process)

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Oil-Filled Operational Equipment

• Much Discussion
• Specific Interest in Regulated Community
• New Rules added Clarity

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Oil-Filled Operational Equipment
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Oil-Filled Operational Equipment

• Alternative to the general secondary containment
  requirements for qualified oil-filled operational
  equipment
• Prepare an oil spill contingency plan and a
  written commitment of manpower, equipment, and
  materials
• Have an inspection or monitoring program to
  detect equipment failure and/or a discharge
• Individual impracticability determination for
  each piece of equipment is not required

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Oil-Filled Operational Equipment Eligibility
Criteria

• For the 3 years prior to Plan certification the
  facility must not have had
• A single discharge of oil from any oil-filled
  operational equipment to navigable waters
  exceeding 1,000 U.S. gallons, or
• Two discharges of oil from any oil-filled
  operational equipment to navigable waters each
  exceeding 42 U.S. gallons within any 12-month
  period
• Eligibility determined by the reportable
  discharge history from the equipment, not the
  entire facility

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Contingency Plan

• Detailed oil spill response and removal plan to
  control, contain, and recover an oil discharge in
  quantities that may be harmful to navigable
  waters/adjoining shorelines
• Elements outlined in 40 CFR 109.5
• Authorities, responsibilities, and duties of all
  persons, organizations, or agencies involved in
  oil removal operations
• Notification procedures for the purpose of early
  detection and timely notification of an oil
  discharge
• Provisions to ensure that full resource
  capability is known and can be committed during
  an oil discharge
• Provisions for well-defined and specific actions
  to be taken after discovery and notification of
  an oil discharge
• Procedures to facilitate recovery of damages and
  enforcement measures
• A sample contingency plan is available in the
  SPCC Guidance for Regional Inspectors available
  at www.epa.gov/oilspill

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Written Commitment

• Facilities must be able to implement the
  contingency plan
• Owner/operator must provide a written commitment
  of manpower, equipment, and materials to
  expeditiously control and remove any quantity of
  oil discharged that may be harmful
• Elements also included in 40 CFR 109.5

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Inspections and Monitoring Program Requirements

• Develop an appropriate set of procedures for
  inspections or a monitoring program for equipment
• Written description of the inspection or
  monitoring program included in SPCC Plan
• Keep a record of inspections and tests, signed by
  the appropriate supervisor or inspector, for
  three years

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Oil-Filled Operational Equipment - Summary
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Mobile Tanks (112.8(c)(11))

• Mobile or portable storage containers
• Positioned and located to prevent the discharge
  of oil
• Secondary means of containment must be employed.
• Include any storage tank larger than 55 gallons
• Portable emergency generators
• Tank trucks (if used to store oil)
• Portable fueling or waste oil tanks

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Portable Containers

• Emergency generators, an owner could utilize drip
  pans under the parked units.
• Fuel trucks (such as at airports) or portable
  fueling tanks could be parked within a bermed
  containment area
• Potential operational difficulty

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Rules Allow Flexibility

• Containment is impractical, 112.7(d) allows for
  the deviation from the standard.
• Include in the SPCC Plan
• Contingency plan to effectively respond to spill
  incident
• Written commitment of resources to implement plan

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Mobile Refuelers

• Some Confusion
• DOT, Coast Guard, Others
• Clarification in New Rules

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Mobile Refuelers Definition

• 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
• Include vehicles of various sizes equipped with a
  bulk storage container that is used to fuel or
  defuel aircraft, motor vehicles, locomotives,
  tanks, vessels, or other oil storage containers

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Mobile Refuelers

• Owners and operators of mobile refuelers at a
  non-transportation-related facility will no
  longer need to provide sized secondary
  containment
• Sufficient to contain the capacity of the largest
  single compartment or container with enough
  volume to contain precipitation
• Does not apply to vehicles that are used
  primarily to store oil in a stationary location
• General secondary containment requirements still
  apply!

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General Secondary Containment Requirements

• General secondary containment should be designed
  to address the most likely discharge from the
  container
• Requires appropriate containment and/or
  diversionary structures or equipment to prevent a
  discharge to navigable waters or adjoining
  shorelines
• Allows for the use of certain types of active
  containment measures that prevent a discharge to
  navigable waters or adjoining shorelines.

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Active Measures

• Active containment measures require deployment or
  other specific action by the owner or operator
• May be appropriate for discharges that occur
  during manned activities if it
• Can contain the volume and rate of oil
• Is properly constructed
• Is deployed in a timely manner

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Motive Power Container Definition

• Any onboard bulk storage container used primarily
  to power the movement of a motor vehicle, or
  ancillary onboard oil-filled operational
  equipment
• Examples automotive, airplane, or truck fuel
  tanks
• An onboard bulk storage container which is used
  to store or transfer oil for further distribution
  is not a motive power container
• Definition does not include oil drilling or
  workover equipment, including rigs
• But fuel tanks on trucks, automobiles,
  bulldozers, seismic exploration vehicles, or
  other earth-moving equipment at drilling or
  workover facilities are considered to be motive
  power containers

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Motive Power Containers

• Motive power containers exempted from SPCC rule
• Oil transfer activities occurring within an
  SPCC-regulated facility continue to be regulated

• Transfer of oil from an otherwise SPCC regulated
  facilitys AST gas pump into an automobile
• Transfer of oil from an otherwise SPCC regulated
  facilitys airport mobile refueler into an
  airplane

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Other Rule Changes

• Animal Fats and Vegetable Oils
• Did you wonder? No more. Youre all in.

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Animal Fats and Vegetable Oils

• Removed sections for facilities with animal fats
  and vegetable oils that are not appropriate
• Onshore oil production (112.13)
• Onshore oil drilling and workover facilities
  (112.14)
• Offshore oil drilling, production, or workover
  facilities (112.15)
• EPA examining if differentiated SPCC requirements
  for animal fats and vegetable oils are appropriate

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Conclusions

• Numerous changes that impact the owners of
  regulated facilities
• Testing requirements add activity and expense
• Containment systems not optional for
  loading/unloading facilities and portable tanks
• Streamlined requirements for small Qualified
  facilities
• Some flexibility to prevent the discharge of oil
• Responsibility of the owner and his engineer

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SPCC Program Update Issues

• Question Answer
• Comments

Michael L. Walker, P.E. The EI Group,
Inc. 919-657-7500 x245