Transcript Slide 1

The Federal
Spill Prevention, Control, &
Countermeasures Compliance
Workshop
October 2008
Presented by:
Spill Prevention, Control, &
Countermeasures Rule
Workshop
and Goals
-
Review the federal
regulation
Program history
Basic rule definitions
Who must comply
SPCC Plan requirements
Emergency Response &
Notification
Spill Prevention, Control, &
Countermeasures Rule
Workshop
and Goals
-
Enforcement/Penalties
Common violations
Tips on how to comply
Compliance dates
Reference material
Highlight assistance
available
Spill Prevention, Control, &
Countermeasures Rule

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
- regulate, inspect & enforce
the rule
Spill Prevention, Control, &
Countermeasures Rule
Oil Pollution Prevention and Response
Regulation
• Outlines requirements for prevention,
preparedness, and response to oil discharges
• Prevention requirements are called the
“SPCC rule”
• Includes requirements for Facility Response
Plans (FRPs)
What is the purpose of a
SPCC Plan?

The purpose of the SPCC rule is to
prevent discharges of oil into U.S.
waters.
It’s not Rocket Science
Program history

1970: Executive
Order 11548

1972: Clean Water Act

Develop / implement facility-specific
Spill Prevention, Control and
Countermeasure (SPCC) Plans
Program history

Multiple revisions have been made:
1991, 1993, 1997, 2002, 2006

Changes allow for more flexibility

If your SPCC Plan is older than 6 years,
it is probably not compliant
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.
Petroleum
Based Oils
Non
Petroleum
Oils
Oil
Containing
Products
Gasoline
Animal-based
Oil-based paints
Diesel Fuel
Vegetable
Oil-based thinners
Motor (used / new) Biofuels
Oil-based inks
Heating
Seed
Petroleum-based
parts
Jet / Aviation fuels
Nut
Roofing tar
Hydraulic fluid
Fruit & Kernel
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.
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; or
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 could reasonably be
expected to discharge oil to a "navigable
water of US" or "adjoining shorelines".
Is the facility considered non-transportation related?
yes
no
Is the facility gathering, storing, using, processing,
consuming, drilling, transferring, or distributing oil?
no
yes
Could the facility be expected to discharge oil
that may be harmful to U.S. waters?
yes
no
yes
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.
Not subject
to SPCC
no
no
Is the total underground capacity
of oil over 42,000 gals?
_________________
Do not include permitted USTs.
yes
The facility is subject to SPCC
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 last
3 years
* Reportable discharge = 1,000 gallons or
2 discharges exceeding 42 gallons within 12
months; and
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 Amendment
SPCC Plan Requirements
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Introduction
Facility description
Storage Tanks / Containers
Spill History
Spill Containment & Prevention
Spill Prediction & Direction
Stormwater Discharge
Deliveries & Unloading Procedures
Flood Hazard
Inspections, Testing & Records
Spill Control & Countermeasures
Emergency Response & Notification
Facility Security
Personnel Training
Plan Review & Amendment Procedures
Plan Implementation Items
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
Table 1
Appendix A
SPCC Plan Requirements
2. Facility Description
 General Information
 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
Figure 1
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
Figure 2
Table 2
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.
Appendix B
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
Appendix C
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
Table 3
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
Appendix D – Dike Drainage Log
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
Appendix E – Loading/Unloading
SPCC Plan Requirements
9. Flood Hazards
 Describe facility flood history and
potential for flooding in the future.
High risk or minimal?
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
Appendix D – Monthly Inspection Checklist
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
Appendix D – Monthly AST Checklist
Table 4
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
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
Appendix D – Equipment Checklist
Appendix D – Spill Notification/Internal
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
Appendix D – Spill Notification Form
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
Appendix F – Flow Chart
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
Appendix D – Spill Notification Form
SPCC Plan Requirements
13. Facility Security
 Describe the facility security. Gated areas,
hours of operation, vehicle access, buildings
locked, lighting, etc.
 Outline security for
the prevention of
internal sabotage
and external vandalism
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
Appendix D – Training Log
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
Appendix G
Table 5
SPCC Plan Requirements
15. 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.
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
Table 6
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.
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.
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.
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.
Emergency Response and
Notification
 Determine the spill source
 Stop the discharge
 Stop any further transfer operations
 Utilize available spill response equipment
to clean up the spill safely
 Call in your clean-up contractor
Emergency Response and
Notification

Notify the VT DEC Spill Response Team

Notify the local authorities

Notify the National Response Center

Notify the EPA Region I Coordinator

Document the event
Emergency Response and
Notification
Immediately notify the National Response
Center if release causes sheen on water.
Emergency Response and
Notification
Report spills to VT DEC Spill Team if:

2-gallons or
more of
petroleum

Any amount
of other
chemicals
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.
EPA Penalties & Enforcement

No Plan at all.

Failure to include all elements of a
complete plan as required.

No containment.
EPA Penalties & Enforcement

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.
EPA Penalties & Enforcement

Plan does not accurately identify, from
each oil location, the path spilled oil would
take to reach a waterway.

Drains not
traced out.
Common Violations



Staff not conducting regular walk-through
inspections.
Dike valves are not closed or manual
equipment is not used to allow for
inspection before
discharge.
Security and
lighting
inadequate.
Common Violations

Insufficiently impervious

Dike drainage logs not kept

Buried piping installed after 8/16/02
does not meet
corrosion protection
standards
(wrapped and CP)
Common violations

Dike sized adequately (largest tank plus
precipitation – 110% design)

Regular integrity testing of tanks not
completed
– API recommends inspection at least every
ten years, more frequently depending upon
corrosion rate
Common Violations

Plans not implemented
– Not certified
– Not approved by management
– Training not conducted
– Implementation items
not completed
– Updates to facility
not included
Penalties

Clean Water Act Sections 309 and 311:
Authorizes EPA to Assess Penalties
Criminal Penalties (Section 309(c))
Fines and imprisonment
 EPA uses to target most significant and
egregious violations

Penalties
Administrative Penalties


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
Civil Penalties

Up to $25,000 per day for each violation
A Vermont Penalty Story

2007 - 5,000 gals of gasoline was
released from a 25,000 gal doublecompartment storage tank.

Emergency responders observed that
gasoline had flowed beyond the
containment area and had contaminated
soil and ground water on the property.
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)
$ 35,250
Why Comply?

It is a lot cheaper to prevent a release
than to clean one up.
It is a lot cheaper
to come into
compliance than
to litigate, pay fines,
and still pay to come
into compliance.

How to Comply

Some ASTs may be located inside
buildings, where the buildings’ structure
serves as secondary containment

Storage can be
reduced and/or
consolidated

Small leaks are noted
and promptly repaired
How to Comply

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
How to Comply

Transfers near storm and floor drains
should be avoided or drains should be
temporarily covered during re-fueling
operations
How to Comply
• Regularly inspect
ASTs and Drums
for signs of
leak/damage
Compliances Dates
A Facility starting
operation...
Must...
On or before August 16,
2002
Maintain its existing Plan.
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
Amend/implement the Plan no
later than July 1, 2009
Compliances Dates
A Farm starting
operation…
Must...
Maintain its existing Plan.
Amend/implement the Plan when
On or before
EPA promulgates a rule specific for
August 16, 2002
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.
Reference Materials
EPA Guidance for Regional Inspectors
Questions?
Spill Prevention, Control, &
Countermeasures Regulation
The Environmental Assistance Office
FREE
VOLUNTARY
Non-regulatory
On-sites
Workshops
Guides & Fact sheets
www.eaovt.org
CONFIDENTIAL
No fines
No enforcement
Closed records
Spill Prevention, Control, &
Countermeasures Regulation
The Environmental Assistance Office
800-974-9559
Permit Specialists
Business
Municipal
Pollution2
Recognition
Mercury
regionally located (see brochure)
Judy Mirro
802.241.3745
John Daly
802.241.3471
Paul Van Hollebeke 802.241.3629
Julia Butzler
802.241.3487
Karen Knaebel
802.241.3455
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.
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).
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.
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.
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.
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.
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.