Presentation on theme: "The Federal Spill Prevention, Control, & Countermeasures Compliance Workshop October 2008 Presented by:"— Presentation transcript:
1 The Federal Spill Prevention, Control, & Countermeasures Compliance Workshop October 2008Presented by:
2 Spill Prevention, Control, & Countermeasures Rule Review the federal regulationProgram historyBasic rule definitionsWho must complySPCC Plan requirementsEmergency Response & NotificationWorkshop and Goals
3 Spill Prevention, Control, & Countermeasures Rule Workshop and GoalsEnforcement/PenaltiesCommon violationsTips on how to complyCompliance datesReference materialHighlight 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 VermontNew England Regional I Office - Boston, MA- regulate, inspect & enforcethe ruleNOT VT DECBut we can certainly provide outreach.
5 Spill Prevention, Control, & Countermeasures Rule Oil Pollution Prevention and Response RegulationOutlines requirements for prevention,preparedness, and response to oil dischargesPrevention requirements are called the“SPCC rule”Includes requirements for Facility ResponsePlans (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.
8 Program history 1970: Executive Order 11548 1972: Clean Water Act Develop / implement facility-specific Spill Prevention, Control and Countermeasure (SPCC) Plans11548 established the Oil Removal Plan requirementSection 311(j)(1)(c)Procedures, methods, equipment and other requirements to prevent discharge
9 Program historyMultiple revisions have been made: 1991, 1993, 1997, 2002, 2006Changes allow for more flexibilityIf your SPCC Plan is older than 6 years, it is probably not compliant2002 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.
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; orWhat 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; andFacilities 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?yesnoIs the facility gathering, storing, using, processing,consuming, drilling, transferring, or distributing oil?noyesCould the facility be expected to discharge oilthat may be harmful to U.S. waters?noNot subjectto SPCCyesyesnoIs the total above ground capacityof oil over 1,320 gals?__________________Do not include containers that arepermanently closed, less than 55-gals,motive power, or exclusivelyused for wastewater treatment.noIs the total underground capacityof oil over 42,000 gals?_________________Do not include permitted USTs.yesThe 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 last3 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 Amendmentnot practicable : incapable of being performed or accomplished by the means employed or at command <an impracticable proposal>
20 SPCC Plan Requirements IntroductionEmergency contact/notification listImmediate spill response procedureOil Policy StatementApplicable RegulationsRule Cross Reference – Table 1 Management approval form – Appendix AFederal, State, and any Local Requirements need to be listed here – Table 1
23 SPCC Plan Requirements 2. Facility DescriptionGeneral InformationDetailed facility description (operations) Include facility layout and drainage patternsInclude all AST and UST areas and add a map of your location – Figures 1 & 2
25 SPCC Plan Requirements 3. Storage Tanks / ContainersDescribe all containers, include contents and volume, note where they are located.Add a map with their locations - Figure 2Tank & container descriptions - Table 2
28 SPCC Plan Requirements 4. Spill HistoryDescribe 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.
32 SPCC Plan Requirements 6. Spill Prediction & DirectionA summary of potential sources, types of failures, potential volumes, flow rate, direction of flow, and discharge prevention measures.Spill prediction & direction - Table 3
34 SPCC Plan Requirements 7. Stormwater DischargesDescribe 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
36 SPCC Plan Requirements 8. Deliveries & Unloading ProceduresCommercial haulers / contractors responsibilities. Size of vehicles deliveringWe recommend the 2-man rule for deliveriesProcedures found in Appendix E
41 SPCC Plan Requirements 10.2 Bulk AST Storage Tank TestingDescribe how you will provide visual inspections (daily, monthly, and annual)Documentation is requiredChecklist provided in Appendix DBulk AST testing schedule in Table 4
44 SPCC Plan Requirements 10.3 UST Tank TestingDescribe how you will provide inspections (daily, monthly, and annual)Incorporate UST, ERP self-certification information hereDocumentation is required
45 SPCC Plan Requirements 10.4 RecordsThese addition records should be maintained:all test & maintenance performed on tanks/structures holding oilall spills/leaks that occur, the corrective action taken, and plans for preventionSpill Records in Appendix D
48 SPCC Plan Requirements 11. Spill Control & CountermeasuresProcedures taken by facility to mitigate or prevent any discharge or prevent any release from operational activities.Follow flow chart -Appendix FSpill Response Log -Appendix D
50 SPCC Plan Requirements 12. Emergency Response & NotificationWith 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
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
57 SPCC Plan Requirements 15. Plan Review & AmendmentsAt 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 GManagement Review Form -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 ItemsDescribe the facility implementation items in this section – such as:Where you might install fencingHow you will install a shut-off valve toprevent accidental dischargesWhere you will store your hazardouswastes/materials.Summarizes implementation items - 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 sourceStop the dischargeStop any further transfer operationsUtilize available spill response equipment to clean up the spill safelyCall in your clean-up contractorIN 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 TeamNotify the local authoritiesNotify the National Response CenterNotify the EPA Region I CoordinatorDocument the event
69 Emergency Response and Notification Immediately notify the National ResponseCenter 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 ormore ofpetroleumAny amountof otherchemicalsWhether 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 yearsPlan 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 nottraced 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 ViolationsStaff not conducting regular walk-through inspections.Dike valves are not closed or manual equipment is not used to allow for inspection beforedischarge.Security andlightinginadequate.
76 Common Violations Insufficiently impervious Dike drainage logs not keptBuried piping installed after 8/16/02 does not meetcorrosion protectionstandards(wrapped and CP)
77 Common violationsDike sized adequately (largest tank plus precipitation – 110% design)Regular integrity testing of tanks not completedAPI recommends inspection at least every ten years, more frequently depending upon corrosion rateIf 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 managementTraining not conductedImplementation itemsnot completedUpdates to facilitynot includedTodays workshop counts as training.
79 PenaltiesClean Water Act Sections 309 and 311: Authorizes EPA to Assess PenaltiesCriminal Penalties (Section 309(c))Fines and imprisonmentEPA 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 totalClass II $11,000 per violation per day; maximum of $157,500Civil PenaltiesUp to $25,000 per day for each violation3,000 – 157,500Failure 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 ifa federal judicialcase 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+ $14,000 (sep)$ 35,250Remember – they HAD an SPCC Plan.Upon inspection of the facility that in addition to failing to fully implementan adequate SPCC plan, the company failed to construct sufficientlyimpervious 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 cheaperto come intocompliance thanto litigate, pay fines,and still pay to comeinto compliance.Lessons Learned
84 How to ComplySome ASTs may be located inside buildings, where the buildings’ structure serves as secondary containmentStorage can bereduced and/orconsolidatedSmall leaks are notedand promptly repaired
85 How to ComplyDrums of petroleum are located on secondary containment pallets/basinsDrums are not stored near doors to minimize the threat of a spill reaching outsideACTIVE CONTAINMENT OPTION!
86 How to ComplyTransfers 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, 2002Maintain its existing Plan. Amend/implement the Plan no later than July 1, 2009After August 16, 2002 through July 1, 2009Amend/implement the Plan no later than July 1, 2009After July 1, 2009Prepare/implement a Plan before beginning operationsBusiness Industry or Residence
89 Compliances Dates A Farm starting operation… Must... On or before August 16, 2002Maintain 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, 2002Prepare/implement a Plan when EPA promulgates a rule specific for farms and specifies a compliance date for farms.
94 Spill Prevention, Control, & Countermeasures Regulation The Environmental Assistance OfficeFREEOn-sitesWorkshopsGuides & Fact sheetsVOLUNTARYNon-regulatoryCONFIDENTIALNo finesNo enforcementClosed records
95 Spill Prevention, Control, & Countermeasures Regulation The Environmental Assistance OfficePermit Specialists regionally located (see brochure)Business Judy MirroMunicipal John DalyPollution2 Paul Van HollebekeRecognition Julia ButzlerMercury 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?