Transcript Spill Prevention Control Countermeasure Regulation 40 CFR 112

Spill Prevention Control
Countermeasure
Regulation 40 CFR 112
Presented by Martin Bonnell, PE
January 25, 2013
PRESENTATION OVERVIEW
• Introductions
• Who needs a SPCC Plan & what is covered?
• State and Federal Regulations
• How is a SPCC Plan used and maintained?
• What to do in the event of a product spill
• Questions & Discussion
Who Needs a SPCC Plan
• Owners or operators of petroleum
facilities that have discharged or, due to
their location, could reasonably be
expected to discharge oil in harmful
quantities into or upon the navigable
waters of the United States or adjoining
shorelines to prepare, in writing, an
SPCC Plan.
SPCC REQUIREMENTS
• If the facility total aboveground storage in
tanks or containers is > 1,320 gallons
and/or > 42K gal underground storage (not
280/281 exempt)
• It’s a non-transportation related facility (see
40 CFR Part 112 Appendices A & B)
• And there is a reasonable chance of a
discharge to waters of the U.S. or adjoining
shorelines
DEFINITIONS
• Oil
– Includes oil of any kind or in any form
including, but not limited to:
• Petroleum and fuel oils (gasoline, diesel, lube
oils, aviation gasoline, naphtha, mineral spirits,
etc.)
• Sludge
• Synthetic oils
– Created by chemical synthesis
DEFINITIONS
• Oil (cont’d)
– Oil refuse
– Oil mixed with wastes other than dredged spoil
– Animal fats, oils & greases
– Vegetable oils
– Mineral oils
DENATURED ETHANOL
• Denatured ethanol tanks are considered oil
storage containers if the denaturant is an oil
such as refined gasoline or natural gasoline
• Shell capacity of tank used as storage
capacity
• These facilities may be subject to the SPCC
& FRP requirements
NON-TRANSPORTATIONRELATED FACILITIES
• Industrial, commercial, agricultural, or
public facilities which use, store, drill for,
produce, gather, process, refine or
consumer oil or oil products
• Waste treatment facilities or part thereof
• Pipeline systems, highway vehicles &
railroad cars used to transport oil
EPA Regulates:
• Railroad cars after the transportation
process ends and when they are
operated as non-transportation-related
storage at an SPCC regulated facility
DOT Regulates:
• Railroad cars from the time the oil is
offered for transportation to a carrier until
“REASONAL EXPECTATION” OF
DISCHARGE
• The determination must be based solely
upon consideration of the geographical &
locational aspects of the facility
• Exclude manmade features such as
dikes, equipment or other features which
would restrain, hinder, contain or
otherwise prevent a discharge as
described in §112.1(b)
“REASONAL EXPECTATION”
(CONT.)
• Factors to consider:
– Whether a past discharge of oil reached a
navigable water or adjoining shoreline;
– Whether the facility is adjacent to navigable
waters or adjoining shoreline;
– On-site conduits, such as sewer lines, storm
sewers, certain underground features (e.g.,
power or cable lines, or groundwater);
“REASONAL EXPECTATION”
(CONT.)
• Factors to consider:
– Unique geological or geographic features;
– Whether the facility is near a watercourse &
intervening natural drainage;
– Whether precipitation runoff could transport oil
into navigable waters;
– The quantity & nature of oil stored
STORAGE CAPACITY
THRESHOLDS
• IF it meets the other applicable criteria
set forth in §112.1, the SPCC rule applies
to a facility with:
– > 1,320 gallons of aggregate aboveground
oil storage capacity, or
– > 42,000 gallons of completely buried oil
storage capacity
STORAGE CAPACITY
Excluded from storage capacity
Included in storage capacity
•
Capacity of containers (e.g., bulk
•
Capacity of completely buried tanks
& associated underground piping,
ancillary equipment & containment
systems that are subject to all
technical requirements of 40 CFR
part 280 or 281
•
Capacity of tanks used exclusively for
wastewater treatment
•
Capacity of containers that are
permanently closed
•
Motive power containers
storage containers, oil-filled equipment,
mobile/portable containers, etc.) with a
capacity of 55 gallons or greater
DEFINITION OF STORAGE
CAPACITY
• “Storage capacity” is defined in §112.2 as
the shell capacity of a container
• Generally, the shell capacity is the rated
design capacity rather than the
working/operational capacity
DEFINITION OF “PERMANENTLY
CLOSED”
• For a tank to be “permanently closed”,
the facility must do the following:
– Remove all liquid & sludge from each
container & connecting line
– Disconnect & blank off all connecting lines &
piping
– Close & lock all valves (except ventilation
valves)
– Pose a conspicuous sign on each container
stating it is permanently closed with the date
of closing
SPCC Plan Basics
SECONDARY CONTAINMENT
REQUIREMENTS
• Tank secondary containment requires 110 percent of the volume
of the largest tank contained within the dike with the displacement
volumes of the tanks accounted for.
• Secondary containment needs to allows for additional freeboard
for containment of precipitation in the containment dikes.
Secondary Containment
Secondary Containment
Drum Containment
RACK SPILL PAD CONTAINMENT
• If transport truck makes hard connect to tank –
the tank has a “Rack” and must have spill pad
containment.
• Spill Pad containment must be large enough to
contain the largest compartment of the truck
unloading at the petroleum facility.
Spill Pad Containment
§112.3 PREPARE &
IMPLEMENT A PLAN
• The facility owner/operator must prepare a SPCC Plan:
– In writing
– In accordance with §112.7 & any other applicable
sections of 40 CFR part 112
§112.3(c) MOBILE
FACILITIES
• Onshore & offshore mobile facilities must
prepare, implement & maintain a Plan as
required by the rule
– Amend & implement a Plan, if necessary to
ensure compliance with the rule, on or
before 11/20/09
– Can be a general Plan; a new Plan is not
required each time a facilities moves to a
§112.3(d) PE
CERTIFICATION
• A licensed PE must review & certify a Plan
& technical amendments
• The certification does not relieve the
owner/operator of his duty to prepare &
fully implement a Plan
PE “ATTESTATION”
• With certification, the PE attests that:
– PE is familiar with the rule requirements
– PE or his agent visited & examined the
facility
– The Plan has been prepared in accordance
with good engineering practice, including the
consideration of applicable industry
standards, & with the requirements of 40
CFR part 112
– PE allow flexibility in meeting many rules
provisions by providing equivalent
§112.3(e)(1) PLAN
REQUIREMENTS
• Maintain a complete copy of the Plan:
– At the facility if it is attended at least 4 hours
per day
– At the nearest field office if the facility is
attended for less than 4 hours per day
• Have the Plan available to the RA for
onsite review during normal working hours
PLAN REVIEW &
EVALUATION
• Complete once every 5 years from the
date facility becomes subject to the rule
– If a facility was in operation on or before
8/16/2002, 5 years from the date of your last
review required by the rule
• Amend Plan within 6 months to include
more effective prevention & control
technology
DOCUMENTING PLAN
REVIEW
• Must document Plan review & evaluation
• Sign statement at beginning or end of Plan
or in a log or an appendix
– “I have completed review & evaluation of the
SPCC Plan for (name of facility) on (date),
and will (will not) amend the Plan as a result.”
• PE must certify any technical amendment
to Plan
Smaller Oil Storage Facilities
§112.6 QUALIFIED FACILITY
PLAN REQUIREMENTS
• Smaller oil storage facility that is eligible for streamlined regulatory
requirements
– Self-certified SPCC Plan instead of one reviewed & certified by a
Professional Engineer
– Streamlined integrity testing & facility security requirements
• Must meet eligibility criteria to use alternative option
• EPA’s recent amendment would divide this group of facilities into
tiers
– Requirements described here would apply to “Tier I” facilities
§112.6 QUALIFIED FACILITY
PLAN REQUIREMENTS
(CONT.)
• EPA’s recent amendment would divide this group
of facilities into tiers
– Requirements described here would apply to “Tier II”
facilities
– Additional relief would be provided to “Tier I”
SELF-CERTIFICATION OPTION
FOR QUALIFIED FACILITIES
• Allow facility owners that store <=10K oil &
meet other “qualifying” criteria to selfcertify their SPCC Plans, in lieu of review
& certification by a PE
• “Qualifying” criteria –
– NO discharges for 3 years prior or since
becoming subject to the requirements
• Under this approach, owners may not
REPORTABLE DISCHARGE
HISTORY
• A single discharge of oil to navigable water
or adjoining shorelines exceeding 1,000
gallons OR,
• Two discharges to navigable water or
adjoining shorelines each exceeding 42
gallons within any 12 month period
• Count only the amount that reaches
navigable water or adjoining shorelines
REPORTABLE DISCHARGE
HISTORY (CONT.)
• Oil discharges resulting from natural
disasters, acts of war, or terrorism are not
included
• Sabotage & vandalism are not beyond
facilities control
• Self-certifying facilities do not
automatically lose eligibility if they have a
reportable spill, the RA has the authority
SELF-CERTIFICATION
• Owner/operator attests they are familiar
with the rule & have visited & examined
the facility
• The Plan has been prepared in
accordance with accepted & sound
industry practices & standards
• Procedures for required inspections &
testing have been established
SELF-CERTIFICATION (CONT.)
• The Plan does not deviate from rule
requirements except as allowed & as
certified by a PE
• The Plan & staff responsible for
implementing it have the full approval of
management & the o/o has committed the
necessary resources to fully implement the
Plan
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
Drum Containment
Tank Containment
TIER I SUMMARY
If a facility…
And a facility…
…has 10,000
gallons or less
in aggregate
aboveground
oil storage
capacity
…meets the oil
discharge history
criteria
Then the owner/operator of the facility…
…may prepare a self-certified SPCC Plan
instead of one reviewed & certified by a
Professional Engineer (PE)
…may meet tailored facility security & tank
integrity inspection requirements without PE
certification
…may prepare a Plan which includes PEcertified environmentally equivalent measures
or impracticability determinations that would
require PE certifications for only the portions
dealing with environmental equivalence &
impracticability determinations. The remaining
portions of the Plan could be self-certified by
the facility owner/operator
ASSISTANCE, SERVICES &
PRODUCTS
• Brams Engineering Services– Assistance drafting SPCC plans
–
–
–
–
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Inspects and Prepares SPCC Plans
Prepares Tier I SPCC Plans for Owner/Operator Self Certification
Prepares Tier II SPCC Plans for Owner/Operators
Designs Tank Containment Basins
Responses to EPA Violation Letters
U.S. EPA – Penalties & Fines
What Does it take to fill
out the Tier 1 Plan?
QUESTIONS & CONTACT
INFO
Martin Bonnell, PE
Senior Civil Engineer
Brams Engineering, LLC
172 Spruce Drive
Apple Valley, MN 55124
952-261-9351
[email protected]