Presented to Georgia Airports Association Conference October 21, 2009 EPA Spill Prevention Control and Countermeasures – Update Also – What’s Coming with Storm Water Permits

History and Purpose of the Rule Spill Prevention Control and Countermeasures EPA adopted these regulations in 1974 Applies to Above Ground Tank Owners Regulations revised in July 2002 New rules December 2006 (Refuelers) and proposed rule published December 2008 and delayed until January 2010 Compliance date for incorporating new rules into existing SPCC Plans – November 2010

Who is affected by the SPCC rule? Regulations generally apply to facilities with over 1,320 gallons of aggregate storage in Above Ground Storage Tanks If above 10,000 gallons – must have PE certify plan Typically, if an aviation facility has its own aboveground fuel storage tanks, the SPCC Rules will apply to that facility Once above the 1,320 gallon threshold, all other fuel/oil tanks and drums 55 gallons or above must follow the rule Examples - used lubricating oil, new lubricating oil, diesel generator tanks, waste fuel tanks, others

If you are covered under the SPCC Rules, what are you required to do? Must meet physical requirements such as containment areas and loading/unloading areas DW Tanks or in dike Loading/Unloading Area High Level indication Security Must prepare a SPCC Plan and have it certified by a Professional Engineer if above 10,000 gallons total

What’s the latest on refueler trucks? EPA issued a new rule in December 2006 Allows exemption of “sized” requirement for refueler parking areas Refuelers still must have some form of general containment Extended compliance for modifying existing SPCC Plans to November 2010

What’s the difference between a sized area and general containment? Old rules required containment of at least the largest truck plus freeboard for precipitation Proposed rule – can use curbs, speed bumps, oil-water separators, absorbent materials, etc., but does not have to contain any specific amount Sized area General Containment - Curbed Area w/ Absorbent Boom

The EPA issued an additional set of new rules in December The comment period was extended for these rules until January 2010 and basically placed “on hold.” The rules include the following.  A new definition of “facility.”  A new definition of “loading/unloading racks.”  Provides a new streamlined approach for smaller facilities which allows a “Template Based SPCC Plan.”  Amends the facility diagram requirement. December 2008 Rules “On Hold”

What’s the difference between “Loading Areas” and “Loading Racks”? The current rules have two sections that cover loading/unloading operations. In one area, they use the term “Loading Areas” and require only the General Secondary Containment Provisions (applied in a similar fashion as the refueler trucks just discussed). The another part of the rules use the term “Loading Racks” and require containment of at least the largest truck plus freeboard for precipitation. The Guidance Document for Regional Inspectors (2006) provided some help to determine the difference. The new rules expected in January 2010 will have a written definition. Loading AreaLoading Rack

Stormwater Permits The State of GA has issued a new General Industrial Stormwater Discharge Permit in August 2006 and will expire July 2011 You should have submitted a new Notice of Intent (NOI) and may have been required to revise your Stormwater Pollution Prevention Plan (if subject to new sampling) The Federal EPA has issued a proposed rule dealing with deicing activities at larger airports (greater than 100,000 flight operations per year). This will provide a legal limit for discharge of glycol and/or urea with penalties for each discharge. The GA EPD will work with smaller airports to obtain a “No Exposure Certification” if facilities have very limited or no exposure to storm water. Can utilize programs that use a “Don’t hit the ground kit” as well as your typical spill kit.

Other Environmental Issues That May Affect Aviation Facilities Hazardous Waste Issues – solvents. Must follow EPA hazardous waste rules. Must watch quantity generated each month as requirements differ between Small Quantity and Large Quantity Generators. Universal Waste Issues – batteries, fluorescent bulbs. Must follow specific rules, but allows disposal outside of Haz Waste rules if properly recycled. Used Oil Issues – similar to universal waste issues. Waste Jet Fuel and AVGAS – can be disposed of as a product rather than hazardous waste, but must properly recycle. Underground Storage Tank Issues – Typically regulated by each state. More extensive rules than Above Ground Tanks.

Examples of what to look out for

Summary Facilities are constantly barraged with new FAA, DOT, OSHA, and Homeland Security requirements (and plenty of others) Must also include EPA and State Environmental requirements If I can be of assistance to any of you, please feel free to give me a call Office Cell Web site: