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

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Presentation on theme: "October 2008 The Federal Spill Prevention, Control, & Countermeasures Compliance Workshop Presented by:"— Presentation transcript:

1 October 2008 The Federal Spill Prevention, Control, & Countermeasures Compliance Workshop 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 - Enforcement/Penalties - Common violations - Tips on how to comply - Compliance dates - Reference material - Highlight assistance available Workshop and Goals

4 The Federal Environmental Protection Agency (EPA) regulates the Oil Pollution Prevention and Response Regulation (40 CFR 112) in Vermont 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 New England Regional I Office - Boston, MA - regulate, inspect & enforce - regulate, inspect & enforce the rule the rule Spill Prevention, Control, & Countermeasures Rule

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

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 Its not Rocket Science

8 Program history 1970: Executive 1970: Executive Order Order : Clean Water Act 1972: Clean Water Act Develop / implement facility-specific Spill Prevention, Control and Countermeasure (SPCC) Plans Develop / implement facility-specific Spill Prevention, Control and Countermeasure (SPCC) Plans

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

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. Any kind, in any form, including: heating oils, motor fuels, lubricating oils, cutting oils, quenching oils, hydraulic oils, transformer oils and cooking oils.

11 Petroleum Based Oils Non Petroleum Oils Oil Containing Products GasolineAnimal-basedOil-based paints Diesel FuelVegetableOil-based thinners Motor (used / new)BiofuelsOil-based inks HeatingSeedPetroleum-based parts Jet / Aviation fuelsNutRoofing tar Hydraulic fluidFruit & Kernel

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

13 Who must write a plan? Non-transportation facilities Non-transportation facilities Facilities that store oil aboveground in containers greater than 55-gallons with an aggregate volume greater than 1,320-gallons; or Facilities that store oil aboveground in containers greater than 55-gallons with an aggregate volume greater than 1,320-gallons; or

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 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". Facilities that could reasonably be expected to discharge oil to a "navigable water of US" or "adjoining shorelines".

15 Is the facility considered non-transportation related? Is the facility gathering, storing, using, processing, consuming, drilling, transferring, or distributing oil? Could the facility be expected to discharge oil that may be harmful to U.S. waters? 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. Is the total underground capacity of oil over 42,000 gals? _________________ Do not include permitted USTs. Not subject to SPCC The facility is subject to SPCC yes no

16 Who can write a plan? The plan has to be certified by a registered Professional Engineer, with the exception: 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 No reportable* discharges within last 3 years 3 years * Reportable discharge = 1,000 gallons or 2 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.* Plan cannot include any impracticability determination or deviate from any requirement of the SPCC Plan rule.* Amendment * 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

18

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

20 SPCC Plan Requirements 1. Introduction Emergency contact/notification list Immediate spill response procedure Oil Policy Statement Applicable Regulations Rule Cross Reference – Table 1 Management approval form – Appendix A

21 Table 1

22 Appendix A

23 SPCC Plan Requirements 2. Facility Description General Information layout and drainage patterns 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, 12.3 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 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

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 15. Plan Review & Amendments (continued) (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. 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. 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. 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. 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. 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. Facility layout and drainage patterns. List of all oil storage. List of all oil storage. Quantities of oil that could be released, with predicted path of flow and flow rate. 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. 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. Inspection and integrity testing schedules of lines and tanks. Capacity and imperviousness of secondary containment devices. Capacity and imperviousness of secondary containment devices. Cleanup procedures (use of in-house trained staff versus contractors). Cleanup procedures (use of in-house trained staff versus contractors). OSHA considerations. OSHA considerations.

67 Emergency Response and Notification Determine the spill source Determine the spill source Stop the discharge Stop the discharge Stop any further transfer operations Stop any further transfer operations Utilize available spill response equipment to clean up the spill safely Utilize available spill response equipment to clean up the spill safely Call in your clean-up contractor Call in your clean-up contractor

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

69 Emergency Response and Notification Immediately notify the National Response Center if release causes sheen on water.

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

71 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. 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. No Plan at all. Failure to include all elements of a complete plan as required. Failure to include all elements of a complete plan as required. No containment. No containment.

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

74 EPA Penalties & Enforcement Plan does not accurately identify, from each oil location, the path spilled oil would take to reach a waterway. Plan does not accurately identify, from each oil location, the path spilled oil would take to reach a waterway. Drains not Drains not traced out. traced out.

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

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

77 Common violations Dike sized adequately (largest tank plus precipitation – 110% design) Dike sized adequately (largest tank plus precipitation – 110% design) Regular integrity testing of tanks not completed Regular integrity testing of tanks not completed –API recommends inspection at least every ten years, more frequently depending upon corrosion rate

78 Common Violations Plans not implemented Plans not implemented –Not certified –Not approved by management –Training not conducted –Implementation items not completed not completed –Updates to facility not included not included

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

80 Penalties Administrative Penalties Administrative Penalties Class I up to $10,000 per violation; up to $25,000 total 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 Class II $11,000 per violation per day; maximum of $157,500 Civil Penalties Up to $25,000 per day for each violation Up to $25,000 per day for each violation

81 A Vermont Penalty Story ,000 gals of gasoline was released from a 25,000 gal double- compartment storage tank ,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. 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. The petroleum storage / distribution facility paid $21,250 in penalties and $14,000 for oil spill equipment and response training. Fine assessed: Fine assessed: $21,250 $21,250 + $14,000 (sep) $ 35,250 $ 35,250

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

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

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

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

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

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

91

92 EPA Guidance for Regional Inspectors

93 Questions?

94 Spill Prevention, Control, & Countermeasures Regulation The Environmental Assistance Office CONFIDENTIAL No fines No enforcement Closed records FREEOn-sitesWorkshops Guides & Fact sheets VOLUNTARYNon-regulatory

95 Spill Prevention, Control, & Countermeasures Regulation The Environmental Assistance Office Permit Specialistsregionally located(see brochure) Business Judy Mirro MunicipalJohn Daly Pollution2Paul Van Hollebeke Recognition Julia Butzler MercuryKaren 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 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). Definitions

98 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.Definitions

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 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. Definitions

102 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. Definitions


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