1. The Federal Spill Prevention, Control, & Countermeasures Compliance Workshop
October 2008
Presented by:

2. Spill Prevention, Control, & Countermeasures Rule
Review the federal regulation
Program history
Basic rule definitions
Who must comply
SPCC Plan requirements
Emergency Response & Notification
Workshop and Goals

3. Spill Prevention, Control, & Countermeasures Rule
Workshop and Goals
Enforcement/Penalties
Common violations
Tips on how to comply
Compliance dates
Reference material
Highlight assistance available

4. Spill Prevention, Control, & Countermeasures Rule
The Federal Environmental Protection Agency (EPA) regulates the Oil Pollution Prevention and Response Regulation (40 CFR 112) in Vermont
New England Regional I Office - Boston, MA
- regulate, inspect & enforce
the rule
NOT VT DEC
But we can certainly provide outreach.

5. Spill Prevention, Control, & Countermeasures Rule
Oil Pollution Prevention and Response Regulation
Outlines requirements for prevention,
preparedness, and response to oil discharges
Prevention requirements are called the
“SPCC rule”
Includes requirements for Facility Response
Plans (FRPs)

6. What is the purpose of a SPCC Plan?
The purpose of the SPCC rule is to prevent discharges of oil into U.S. waters.

7. It’s not Rocket Science

8. Program history 1970: Executive Order 11548 1972: Clean Water Act
Develop / implement facility-specific Spill Prevention, Control and Countermeasure (SPCC) Plans
11548 established the Oil Removal Plan requirement
Section 311(j)(1)(c)
Procedures, methods, equipment and other requirements to prevent discharge

9. Program history
Multiple revisions have been made: 1991, 1993, 1997, 2002, 2006
Changes allow for more flexibility
If your SPCC Plan is older than 6 years, it is probably not compliant
2002 Amendments

10. Definitions What is an “oil”?
Any kind, in any form, including: heating oils, motor fuels, lubricating oils, cutting oils, quenching oils, hydraulic oils, transformer oils and cooking oils.

11. Oil Containing Products
Petroleum
Based Oils
Non
Oils
Oil Containing Products
Gasoline
Animal-based
Oil-based paints
Diesel Fuel
Vegetable
Oil-based thinners
Motor (used / new)
Biofuels
Oil-based inks
Heating
Seed
Petroleum-based parts
Jet / Aviation fuels
Nut
Roofing tar
Hydraulic fluid
Fruit & Kernel
Some examples

12. Definitions
"Navigable Waters" includes, but is not limited to: harbors, lakes, rivers, brooks, ponds, streams, and wetlands.
Or any swale or ditch that could convey water.
Otherwise proof is necessary

13. Who must write a plan? Non-transportation facilities
Facilities that store oil aboveground in containers greater than 55-gallons with an aggregate volume greater than 1,320-gallons; or
What is a “non-transportation related facility” ? Highway vehicles, railroad cars and pipeline systems used to transport oil are considered “non-transportation related” so long as they are used exclusively within the confines of the facility. If they are used in interstate or intrastate commerce, then they are defined to be “transportation related”.
To paraphrase the EPA MOU, non-transportation related facilities “are industrial, commercial, agricultural or public facilities which use and store oil, but excluding any terminal facility, unit or process integrally associated with the handling or transferring of oil in bulk to or from a vessel”. However, the definition also includes loading racks, transfer hoses, loading arms and other equipment at a facility which are used to transfer oil to or from highway vehicles or railroad cars.

14. Who must write a plan?
Facilities that store oil below ground - “not otherwise regulated” with a total aggregate volume of 42,000 gallons; and
Facilities that could reasonably be expected to discharge oil to a "navigable water of US" or "adjoining shorelines".
UST Permit? No worries..
Munis, Businesses, Farms, Residence…

15. The facility is subject to SPCC
Is the facility considered non-transportation related?
yes no
Is the facility gathering, storing, using, processing,
consuming, drilling, transferring, or distributing oil? no
yes
Could the facility be expected to discharge oil
that may be harmful to U.S. waters? no
Not subject
to SPCC
yes
yes no
Is the total above ground capacity
of oil over 1,320 gals?
__________________
Do not include containers that are
permanently closed, less than 55-gals,
motive power, or exclusively
used for wastewater treatment. no
Is the total underground capacity
of oil over 42,000 gals?
_________________
Do not include permitted USTs.
yes
The facility is subject to SPCC

16. Who can write a plan?
The plan has to be certified by a registered Professional Engineer, with the exception:
10,000 gallons or less can self-certify if:
No reportable* discharges within last
3 years
* Reportable discharge = 1,000 gallons or discharges exceeding 42 gallons within 12 months; and

17. Who can write a plan?
Plan cannot include any impracticability determination or deviate from any requirement of the SPCC Plan rule.*
*The impracticability determination provision may be used when a facility is incapable of installing secondary containment by any reasonable method and for operational equipment. - December 2006 Amendment
not practicable : incapable of being performed or accomplished by the means employed or at command <an impracticable proposal>

18. Hyperlink to actual model plan

19. SPCC Plan Requirements
Introduction
Facility description
Storage Tanks / Containers
Spill History
Spill Containment & Prevention
Spill Prediction & Direction
Stormwater Discharge
Deliveries & Unloading Procedures
Flood Hazard
Inspections, Testing & Records
Spill Control & Countermeasures
Emergency Response & Notification
Facility Security
Personnel Training
Plan Review & Amendment Procedures
Plan Implementation Items

20. SPCC Plan Requirements
Introduction
Emergency contact/notification list
Immediate spill response procedure
Oil Policy Statement
Applicable Regulations
Rule Cross Reference – Table 1 Management approval form – Appendix A
Federal, State, and any Local Requirements need to be listed here – Table 1

21. Table 1

22. Appendix A

23. SPCC Plan Requirements
2. Facility Description
General Information
Detailed facility description (operations) Include facility layout and drainage patterns
Include all AST and UST areas and add a map of your location – Figures 1 & 2

24. Figure 1

25. SPCC Plan Requirements
3. Storage Tanks / Containers
Describe all containers, include contents and volume, note where they are located.
Add a map with their locations - Figure 2
Tank & container descriptions - Table 2

26. Figure 2

27. Table 2

28. SPCC Plan Requirements
4. Spill History
Describe facility spill events in this section. Include your spill documentation form – Appendix B
*note: Qualified facilities must review spill history but are no longer required to document spills under the threshold.

29. Appendix B

30. SPCC Plan Requirements
5. Spill Containment & Prevention
Describe facility oil storage
Types of containment provided
Describe how oil is transferred
Include containment calculations – Appendix C

31. Appendix C

32. SPCC Plan Requirements
6. Spill Prediction & Direction
A summary of potential sources, types of failures, potential volumes, flow rate, direction of flow, and discharge prevention measures.
Spill prediction & direction - Table 3

33. Table 3

34. SPCC Plan Requirements
7. Stormwater Discharges
Describe how stormwater flows off the property and where it may infiltrate or enter waters of the state.
Discuss your policy for cleaning out containment areas including oil/water separators.
Containment drainage log - Appendix D

35. Appendix D – Dike Drainage Log

36. SPCC Plan Requirements
8. Deliveries & Unloading Procedures
Commercial haulers / contractors responsibilities. Size of vehicles delivering
We recommend the 2-man rule for deliveries
Procedures found in Appendix E

37. Appendix E – Loading/Unloading

38. SPCC Plan Requirements
9. Flood Hazards
Describe facility flood history and potential for flooding in the future.
High risk or minimal?

39. SPCC Plan Requirements
10. Inspections, Testing, & Records
Describe how you will provide visual inspections (daily, monthly, and annual)
Must document the inspections
Checklist provided in Appendix D

40. Appendix D – Monthly Inspection Checklist

41. SPCC Plan Requirements
10.2 Bulk AST Storage Tank Testing
Describe how you will provide visual inspections (daily, monthly, and annual)
Documentation is required
Checklist provided in Appendix D
Bulk AST testing schedule in Table 4

42. Appendix D – Monthly AST Checklist

43. Table 4

44. SPCC Plan Requirements
10.3 UST Tank Testing
Describe how you will provide inspections (daily, monthly, and annual)
Incorporate UST, ERP self-certification information here
Documentation is required

45. SPCC Plan Requirements
10.4 Records
These addition records should be maintained:
all test & maintenance performed on tanks/structures holding oil
all spills/leaks that occur, the corrective action taken, and plans for prevention
Spill Records in Appendix D

46. Appendix D – Equipment Checklist

47. Appendix D – Spill Notification/Internal

48. SPCC Plan Requirements
11. Spill Control & Countermeasures
Procedures taken by facility to mitigate or prevent any discharge or prevent any release from operational activities.
Follow flow chart -
Appendix F
Spill Response Log -
Appendix D

49. Appendix D – Spill Notification Form

50. SPCC Plan Requirements
12. Emergency Response & Notification
With the facility protected to prevent / contain spills, it is unlikely oil would reach water. Still, emergency procedures are required.
Emergency procedures flow chart -
Appendix F

51. Appendix F – Flow Chart

52. SPCC Plan Requirements
12.2, Emergency Response & Notification (Additional Reporting)
Follow-up reporting is required for some releases. Federal, State, and local notification maybe required.
Spill Response Notification Form -
Appendix D

53. Appendix D – Spill Notification Form

54. SPCC Plan Requirements
13. Facility Security
Describe the facility security. Gated areas, hours of operation, vehicle access, buildings locked, lighting, etc.
Outline security for
the prevention of
internal sabotage
and external vandalism

55. SPCC Plan Requirements
14. Personnel Training
All personnel involved in the storage and handling of petroleum must receive formal hazardous waste training, and operations & awareness training.
Training Log – Appendix D
CEG Handbook -
VTCEG.org - online haz waste training.

56. Appendix D – Training Log

57. SPCC Plan Requirements
15. Plan Review & Amendments
At least once every 5-years, the Emergency Coordinator will conduct a review and evaluation of the SPCC Plan.
The Plan amendments must be incorporated within 6-months.
Record of Amendments – Appendix G
Management Review Form -Table 5

58. Appendix G

59. Table 5

60. SPCC Plan Requirements
Plan Review & Amendments
(continued)
The plan has to be amended if there are any changes in design, construction, operation or maintenance which affects the facility's potential for a discharge.

61. SPCC Plan Requirements
16. Plan Implementation Items
Describe the facility implementation items in this section – such as:
Where you might install fencing
How you will install a shut-off valve to
prevent accidental discharges
Where you will store your hazardous
wastes/materials.
Summarizes implementation items - Table 6

62. Table 6

63. SPCC Plan Requirements
A copy of the plan must be maintained at a facility manned at least 8 hours/ day.
For remote locations, a copy of the plan should be filed at the nearest field office.

64. SPCC Plan Requirements
A copy does not have to be filed with EPA unless requested.
The plan must be available during normal business hours for EPA or any State Environmental inspector.

65. SPCC Plan Requirements summary
Facility layout and drainage patterns.
List of all oil storage.
Quantities of oil that could be released, with predicted path of flow and flow rate.
Procedures for receiving oil from supplier, transfer of oil within the facility, end point uses of oil, and waste oil disposal.

66. SPCC Plan Requirements summary
Inspection and integrity testing schedules of lines and tanks.
Capacity and imperviousness of secondary containment devices.
Cleanup procedures (use of in-house trained staff versus contractors).
OSHA considerations.

67. Emergency Response and Notification
Determine the spill source
Stop the discharge
Stop any further transfer operations
Utilize available spill response equipment to clean up the spill safely
Call in your clean-up contractor
IN CASE THE WORST HAPPENS –
These may occur from transportation accidents, events at facilities using or manufacturing oil, or as a result of natural or man-made disaster events.
The concern is on the sudden, immediate threats.

68. Emergency Response and Notification
Notify the VT DEC Spill Response Team
Notify the local authorities
Notify the National Response Center
Notify the EPA Region I Coordinator
Document the event

69. Emergency Response and Notification
Immediately notify the National Response
Center if release causes sheen on water.
TO WATERS OF THE STATE

70. Emergency Response and Notification
Report spills to VT DEC Spill Team if:
2-gallons or
more of
petroleum
Any amount
of other
chemicals
Whether it hits waters or ground

71. Emergency Response and Notification
Within 60 days, report to EPA Region I Coordinator if more than 1,000 gals, or more than two-42 gal discharges occurred in a 12-month period.

72. EPA Penalties & Enforcement
No Plan at all.
Failure to include all elements of a complete plan as required.
No containment.

73. EPA Penalties & Enforcement
Plan not reviewed/updated every five years
Plan does not include all oil on facility, i.e., transformers, hydraulic systems, emergency generators, drum storage, permitted USTs, etc.
(6 years since 2002 rev)

74. EPA Penalties & Enforcement
Plan does not accurately identify, from each oil location, the path spilled oil would take to reach a waterway.
Drains not
traced out.
VT facility with an unpermitted floor drain discharging boiler blow-down and in the same area of the drain were drums of oil.

75. Common Violations
Staff not conducting regular walk-through inspections.
Dike valves are not closed or manual equipment is not used to allow for inspection before
discharge.
Security and
lighting
inadequate.

76. Common Violations Insufficiently impervious
Dike drainage logs not kept
Buried piping installed after 8/16/02 does not meet
corrosion protection
standards
(wrapped and CP)

77. Common violations
Dike sized adequately (largest tank plus precipitation – 110% design)
Regular integrity testing of tanks not completed
API recommends inspection at least every ten years, more frequently depending upon corrosion rate
If tanks are inside, just size based on largest tank or container in containment basin.

78. Common Violations Plans not implemented Not certified
Not approved by management
Training not conducted
Implementation items
not completed
Updates to facility
not included
Todays workshop counts as training.

79. Penalties
Clean Water Act Sections 309 and 311: Authorizes EPA to Assess Penalties
Criminal Penalties (Section 309(c))
Fines and imprisonment
EPA uses to target most significant and egregious violations

80. Penalties Administrative Penalties Civil Penalties
Class I up to $10,000 per violation; up to $25,000 total
Class II $11,000 per violation per day; maximum of $157,500
Civil Penalties
Up to $25,000 per day for each violation
3,000 – 157,500
Failure to have an SPCC plan can be up to $27,500 per day.
If an administrative action is filed, the penalty can be up to $157,500.
There is no limit if
a federal judicial
case is filed.

81. A Vermont Penalty Story
,000 gals of gasoline was released from a 25,000 gal double-compartment storage tank.
Emergency responders observed that gasoline had flowed beyond the containment area and had contaminated soil and ground water on the property.

82. A Vermont Penalty Story
The petroleum storage / distribution facility paid $21,250 in penalties and $14,000 for oil spill equipment and response training.
Fine assessed:
$21,250
+ $14,000 (sep)
$ 35,250
Remember – they HAD an SPCC Plan.
Upon inspection of the facility that in addition to failing to fully implement
an adequate SPCC plan, the company failed to construct sufficiently
impervious secondary containment for its oil storage containers,
loading rack, and other fuel transfer areas.
14,000 was put into a Supplemental Environmental Project …

83. Why Comply?
It is a lot cheaper to prevent a release than to clean one up.
It is a lot cheaper
to come into
compliance than
to litigate, pay fines,
and still pay to come
into compliance.
Lessons Learned

84. How to Comply
Some ASTs may be located inside buildings, where the buildings’ structure serves as secondary containment
Storage can be
reduced and/or
consolidated
Small leaks are noted
and promptly repaired

85. How to Comply
Drums of petroleum are located on secondary containment pallets/basins
Drums are not stored near doors to minimize the threat of a spill reaching outside
ACTIVE CONTAINMENT OPTION!

86. How to Comply
Transfers near storm and floor drains should be avoided or drains should be temporarily covered during re-fueling operations

87. How to Comply Regularly inspect ASTs and Drums for signs of
leak/damage

88. Compliances Dates A Facility starting operation... Must...
On or before August 16, 2002
Maintain its existing Plan. Amend/implement the Plan no later than July 1, 2009
After August 16, 2002 through July 1, 2009
Amend/implement the Plan no later than July 1, 2009
After July 1, 2009
Prepare/implement a Plan before beginning operations
Business Industry or Residence

89. Compliances Dates A Farm starting operation… Must...
On or before August 16, 2002
Maintain its existing Plan. Amend/implement the Plan when EPA promulgates a rule specific for farms and specifies a compliance date for farms.
After August 16, 2002
Prepare/implement a Plan when EPA promulgates a rule specific for farms and specifies a compliance date for farms.

90. Reference Materials

92. EPA Guidance for Regional Inspectors

93. Questions?

94. Spill Prevention, Control, & Countermeasures Regulation
The Environmental Assistance Office
FREE
On-sites
Workshops
Guides & Fact sheets
VOLUNTARY
Non-regulatory
CONFIDENTIAL
No fines
No enforcement
Closed records

95. Spill Prevention, Control, & Countermeasures Regulation
The Environmental Assistance Office
Permit Specialists regionally located (see brochure)
Business Judy Mirro
Municipal John Daly
Pollution2 Paul Van Hollebeke
Recognition Julia Butzler
Mercury Karen Knaebel

96. Definitions Non-transportation Facilities
A facility that uses or stores oil, but does not transport petroleum as their primary purpose.
This could include industrial, commercial, agricultural, or public facilities. Some examples include: oil storage, oil distributors, power generators, construction sites, marinas, sawmills, printers, airports, vehicle service, salvage yards, farms, solid waste districts, private residence, etc.

97. Definitions Oil-filled Operational Equipment
Includes an oil storage container (or multiple containers and associated piping intrinsic to the operation of the equipment) in which the oil is present solely to support the function of the device.  It is not considered a bulk storage container, and does not include oil-filled manufacturing equipment (flow-through process).
K2 – in lieu of secondary containment…

98. Definitions Oil-filled Operational Equipment (continued)
Examples: hydraulic systems, lubricating systems (e.g., for pumps, compressors, and other rotating equipment including pumpjack lubrication systems), gear boxes, machining coolant systems, heat transfer systems, transformers, circuit breakers, electrical switches, and other systems containing oil solely to enable the operation of the device.

99. Definitions Motive Power Containers
Are exempt now from the SPCC regulations and their capacity does not count toward total facility oil storage capacity.
Defined as “any onboard bulk storage container used primarily to power the movement of a motor vehicle, or ancillary onboard oil-filled operational equipment.” Trucks, cars, bulldozers, aircraft, self-propelled cranes and heavy vehicles, and locomotives are all motive power containers.

100. Definitions Motive Power Containers (continued)
Importantly, oil transfer activity – such as that involving a mobile refueler or transfer of oil from an onsite tank to a motive power container – is not covered by the exemption and still would be subject to SPCC requirements (unless covered by the mobile refuelers exemption.

101. Definitions Mobile Refuelers and Mobile Storage Containers
A mobile refueler is a bulk storage container that is onboard a vehicle or towed and that is designed to store and transport fuel for transfer into a motor vehicle, aircraft, ground service equipment, or other oil storage container.
Examples include cargo tanks and trucks used to fuel aircraft or other vehicles. These containers are now exempt from the sized secondary containment requirements (i.e., dikes or catchment basins); general secondary containment provisions continue to apply.

102. Definitions Mobile Refuelers and Mobile Storage Containers (continued)
EPA also clarified that other mobile or portable bulk storage containers that are being towed or moved, such as rail cars, would not be required to have sized secondary containment when they are being moved. However, once made stationary, unattended mode in a defined location, dikes or catchment basins would be needed.
Would this include fuel containers in pick-ups for ex: Loggers?