Transcript Overview of 40 CFR Part 112

SPCC REGULATIONS SPCC
REGULATIONS
Updating EPA’s Spill, Prevention, Control, and
Countermeasure Regulations
August 6, 2008
Air & Waste Management Association
Andrew Covington, P.E.
ECO-SYSTEMS, INC.
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Oil Pollution Prevention Regulations –
SPCC Rule – 40 CFR 112
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Spill, Prevention, Control, and
Countermeasure (SPCC) regulation
(40 CFR 112) requires the preparation and
implementation of site-specific plans to
prevent oil discharges that could affect
navigable waters
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Authority: CWA § 311(j)(1)(C) and 501,
and codified under 40 CFR Part 112
PURPOSE OF SPCC RULE
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There shall be no discharges of oil or hazardous substances into or
upon the navigable waters of the United States, adjoining
shorelines, or into or upon the waters of the contiguous zone, or in
connection with activities under the Outer Continental Shelf Lands
Act or Deepwater Port Act, or affecting certain natural resources.
Purpose of SPCC?
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History of SPCC
1972
1974
1988
1989
1990
1991
1993
1994
1997
2001
2002
2003
2004
2005
2006
2006
2007
2007
Federal Water Pollution Control Act Amendments
Original SPCC Rule (40 CFR part 112) Published
Ashland Oil Spill – SPCC Task Force formed
Exxon Valdez in Alaska
Oil Pollution Act
Proposed SPCC Rule - complete revision of existing rule
Proposed SPCC Rule - amendments
Final Facility Response Plan (FRP) Rule published
Additional proposed SPCC amendments
Draft Final SPCC Rule – remanded to OMB
Final “revised” SPCC rule published 7/17/02
SPCC compliance date extension
SPCC litigation settlement and compliance date extension
Proposed SPCC Rule amendments and SPCC Inspector
Guidance Document published 12/05
Compliance Date Extension issued 2/17/06
SPCC Rule Amendments published 12/26/2006
Compliance Date Extension issued 5/16/2007
Proposed SPCC amendments published 10/15/07
SPCC APPLICABILITY - STORAGE
• Stores oil in quantities equal to or exceeding an aggregate of 1,320
gallons in aboveground storage containers or an aggregate of
42,000 gallons in underground storage containers
• Any container of oil equal to or exceeding 55 gallons must be
counted whether aboveground or buried
• Bunkered or partially buried tanks are defined as aboveground for
this purpose
• Mobile as well as fixed containers of oil are included
• Oil being “used” such as in electrical equipment, machinery, or
otherwise is included in the calculation of quantity
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SPCC EXEMPTIONS
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Containers of oil that are less than 55 gallons of capacity
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Facility aboveground capacity of oil stored or used does not
exceed 1,320 gallons
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Any facility that due to its location (excluding any manmade
considerations) could not reasonably be expected to discharge into or
adjacent to navigable waters
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Any facility under the authority and control of the US DOT and US
DOI
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The completely buried storage tanks that are subject to 40 CFR Part
280 or 281
SPCC APPLICABILITY
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Applies to a facility with the potential to discharge oil into
or upon navigable waters, adjoining shorelines,
contiguous zone, areas under the Outer Continental Shelf
Lands Act, and certain natural resources;
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Includes non-transportation-related onshore or offshore
facility which drill, produce, gather, store, process, refine,
transfer, distribute, use, or consume oil or oil products;
and
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Stores oil in quantities above a certain level in
aboveground containers, completely buried tanks,
containers, and any bunkered tank or partially buried tank.
Current Compliance Dates
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Current compliance deadlines Published May 16, 2007
Extends the dates in §112.3(a), (b), and (c) by which a facility
must amend and implement its SPCC Plan in accordance with
the August 2002 Revisions and December 2006 revisions
Note: Facilities regulated and in operation prior to 8/16/02
DO NOT HAVE until 7/1/09 to prepare/implement their SPCC
Plan for the first time – if currently do not have a SPCC Plan,
must prepare SPCC ASAP!
A facility (other than a farm)
starting operation…
Would…
On or before 8/16/02
Maintain existing Plan.
Amend and implement Plan no
later than 7/1/09.
After 8/16/02
through 7/1/09
Prepare and implement Plan no
later than 7/1/09.
After 7/1/09
Prepare and implement Plan
before beginning operations.
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December 2006 Amendments
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Option to self-certify if 10,000 gallons or less and meet other
requirements
Alternative to general secondary containment without
“determination of impracticability” for particular types of oil filled
equipment
Exempting particular vehicle fuel tanks
Exempting mobile refuelers from the sized secondary
containment requirements for bulk storage containers
Specific animal fats and vegetable oils removed from SPCC
requirements
Extended SPCC compliance dates for farms
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May 2007 Compliance Date Extension
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Extends the deadline to July 1, 2009
Allows the Agency time to promulgate further
revisions to the SPCC rule
October 2007 Proposed Amendments
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Exempt hot-mix asphalt, pesticide application equipment, and heating
oil containers at single family residences
Amend facility diagram requirements and definitions of “facility”
Define loading/unloading rack for clarification
Streamlined requirements for a subset (Tier I and II) of qualified
facilities
Amend general secondary containment requirements for clarification
Amend security requirements
Amend integrity testing to allow more flexibility
Amend integrity testing for animal fat and vegetable oil containers
Streamline a number of requirements for oil production facilities
Exempt completely buried oil storage containers at nuclear power
generation facilities
Final Rule?
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Expect the Final Rule in the Fall of 2008
Expect the Deadline to remain July 1, 2008,
but there are no guarantees
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For Additional Information
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Ted Walden EPA R4
404-562-8752
[email protected]
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www.epa.gov/oilspill
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National SPCC/RCRA Hotline
1-800-424-9346
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Andrew Covington, P.E.,
Eco-Systems, 601-696-7146
QUESTIONS?
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