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U.S. Environmental Protection Agency Office of Emergency Management Oil Program November 2004

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Title: U.S. Environmental Protection Agency Office of Emergency Management Oil Program November 2004


1
U.S. Environmental Protection AgencyOffice of
Emergency ManagementOil ProgramNovember 2004
2
SPCC Update Outline
  • Introduction-What is SPCC?
  • Regulatory History
  • Implementation Issues
  • Next Steps

Continues
3
Spill Prevention, Control, and Countermeasure Rule
  • Establishes procedures, methods, and equipment
    requirements to help prevent oil spills that
    could reach navigable waters.
  • Requires that facilities develop and implement
    Spill Prevention, Control, and Countermeasure
    (SPCC) Plans.

4
Scope of the SPCC Rule
  • Applies to non-transportation related facilities
    that
  • Could reasonably be expected to discharge oil
    into navigable waters of the United States or
    adjoining shorelines, and
  • Have an aggregate aboveground storage capacity
    greater than 1,320 gallons (counting only
    containers with a capacity of 55 gallons or
    more), or
  • Have a total underground storage capacity greater
    than 42,000 gallons.
  • Excludes permanently closed containers and
    completely buried storage tanks subject to all
    technical requirements of 40 CFR Parts 280 and
    281.

5
Organization of the Rule
Subpart A All facilities and all types of oil
Subpart B Petroleum oils and non-petroleum oils Except those oils covered in Subpart C.
Subpart C Animal fats and oils and greases, and fish and marine mammal oils and vegetable oils from seeds, nuts, fruits, and kernels
Subpart D Response requirements
6
Subpart AAll Facilities, All Types of Oil
  • Section 112.1
  • General applicability
  • Section 112.2
  • Definitions
  • Section 112.3
  • Requirement to prepare and implement Plans,
    including
  • Compliance dates
  • Professional Engineer certification
  • Maintaining and making Plan available
  • Extension of time

Continues
7
Subpart AAll Facilities, All Types of Oil
(continued)
  • Section 112.4
  • Amendment of SPCC Plan by Regional Administrator
  • Section 112.5
  • Amendment of SPCC Plan by owners or operators
  • Section 112.7
  • Prepare Plans in writing and according to good
    engineering practices
  • Management approval
  • Alternative formats

8
Section 112.7General Requirements
112.7, General requirements for SPCC Plans 112.7, General requirements for SPCC Plans
(a) General facility description, including Type of oil and storage capacity, physical layout, and diagram Discharge prevention measures Discharge and drainage controls Countermeasures for discharge discovery,response, and cleanup Methods of disposal of recovered materials Contact list and phone numbers
(b) Description of potential discharges from equipment failure
(c) Appropriate secondary containment
9
Section 112.7General Requirements (continued)
112.7, General requirements for SPCC Plans (continued) 112.7, General requirements for SPCC Plans (continued)
(d) Impracticability of secondary containment
(e) Inspections, tests, and records
(f) Personnel, training, and discharge prevention procedures
(g) Security measures
(h) Facility tank car and tank truck loading/unloading rack
(i) Evaluation of containers for brittle fracture or other catastrophe
(j) Conformance with applicable requirements and procedures
10
Subparts B and CSpecific Facility Requirements
  • Sections 112.8 and 112.12
  • Onshore Facilities (excluding production
    facilities)
  • Facility drainage 112.8(b) and 112.12(b)
  • Bulk storage containers 112.8(c) and 112.12(c)
  • Facility transfer operations 112.8(d) and
    112.12(d)
  • Section 112.9
  • Oil Production Facilities (onshore)
  • Section 112.10
  • Oil Drilling and Workover Facilities (onshore)
  • Section 112.11
  • Oil Drilling, Production, or Workover Facilities
    (offshore)

11
SPCC Regulatory History
12
SPCC Rule Timeline
1974 Initial Promulgation Original requirements for SPCC Plan preparation, implementation, and amendment.
1991 Proposed Rule Revise applicability and SPCC Plan procedures, and add a facility notification provision.
1993 Proposed Rule Implement Oil Pollution Act of 1990-response plan requirements and make minor technical changes.
1997 Proposed Rule Reduce the information collection burden.
Continues
13
SPCC Rule Timeline (continued)
2002 Final Rule SPCC Rule Amendments Incorporates many of the proposed modifications.
2003 Final Rule Compliance Date Extension Additional time to prepare and update SPCC Plans.
2004 Final Rule Compliance Date Extension Additional time to understand published clarifications.
2004 NODAs Certain Facilities and Oil-filled and Process Equipment
Future Guidance, Rulemaking, and Outreach Address additional issues as appropriate.
14
Ashland Oil Spill
  • In 1988, an aboveground storage tank owned by the
    Ashland Oil Company collapsed and spilled
    approximately 3.8 million gallons of diesel fuel.
  • Approximately 750,000 gallons were released into
    the Monongahela River.
  • EPA formed an SPCC Task Force to
  • Focus on the prevention of large, catastrophic
    oil spills.
  • Make recommendations on the SPCC program.

15
Photos courtesy of NOAA Office of Response and
Restoration, National Ocean Service
16
2002 Final Rule
  • Revised rule incorporates suggestions of the SPCC
    Task Force following the Ashland Oil Spill.
  • Is performance-based rather than prescriptive.
  • Incorporates aspects of the 1991, 1993, and 1997
    proposals.
  • Uses a new format and Plain English style.

17
Overview of Rule Changes
  • Provides regulatory relief
  • Exempts completely buried tanks, small
    containers, and most wastewater treatment
    systems.
  • Raises the regulatory threshold.
  • Reduces information required after a discharge,
    and raises the regulatory trigger for submission.
  • Increases the frequency of Plan review from 3 to
    5 years.
  • Allows for alternative formats for SPCC Plans
    with cross-reference.

Continues
18
Overview of Rule Changes (continued)
  • Clarifies applicability for the operational use
    of oil.
  • Makes the Professional Engineer certification
    more specific.
  • Clarifies mandatory requirements.
  • Establishes brittle fracture evaluation.
  • Clarifies employee training requirements.
  • Allows flexibility in meeting many rule
    provisions by providing equivalent environmental
    protection or developing contingency plans.

19
Implementation Issues
20
Compliance Date Extensions
  • Compliance dates for the SPCC amendments were
    extended in 2003 and 2004 (112.3(a) and (b)).
  • Provides additional time for regulated community
    to update or prepare Plans, especially following
    the litigation settlement (2004 extension).
  • Alleviates the need for individual extension
    requests.
  • The 2004 extension also amended the compliance
    deadlines for onshore and offshore mobile
    facilities (112.3(c)).

21
Current Compliance Dates
A facility starting operation... Must...
On or before 8/16/02 Maintain existing Plan Amend Plan no later than 2/17/06 Implement Plan no later than 8/18/06
After 8/16/02 through 8/18/06 Prepare and implement a Plan no later than 8/18/06
After 8/18/06 Prepare and implement a Plan before beginning operations
  • Onshore and offshore mobile facilities must
    prepare, implement, and maintain a Plan as
    required by the rule.
  • A facility must amend and implement the Plan, if
    necessary to ensure compliance with the rule, on
    or before 8/18/06.

22
Litigation
  • Lawsuits filed by American Petroleum Institute,
    Petroleum Marketers Association of America, and
    Marathon Oil.
  • Terms of partial settlement published in Federal
    Register on Tuesday May 25, 2004 (69 FR 29728.)
  • Litigation Issues
  • Loading racks
  • Impracticability
  • Produced water and wastewater treatment
  • Integrity testing
  • Security
  • Facility
  • Navigable waters (Not resolved through
    settlement)

23
Notices of Data Availability
  • Considering alternative approaches to ensure
    protection from oil spills.
  • Facilities that handle oil below a certain
    threshold amount
  • Oil-filled and process equipment
  • Published notices in the Federal Register on
    Monday September 20, 2004 (69 FR 56182)
  • Information available for public review and
    comment.
  • Comment period ends November 19, 2004.
  • See www.epa.gov/oilspill for more information.

24
Notices of Data Availability
  • Certain Facilities
  • The following areas discussed in the NODA
    documents are examples of the kinds of data we
    request be submitted
  • Data to support development of criteria (e.g.
    facility oil capacity, activity, etc.) to define
    a threshold for streamlined requirements for
    certain facilities.
  • Spill rates for facilities handling oil in
    various amounts
  • Cost differences for preparation and PE
    certification for the SPCC Plan related to size
    of facility or amount of oil handled.
  • SPCC compliance rates for facilities handling oil
    in various amounts
  • We are not soliciting comments in this NODA on
    any other topic

25
Small Business Administration Small Facility
Initiative
  • Responds to complaints that PE certification
    would be too expensive for small facilities.
  • Tiered requirements based on facility oil storage
    capacity

Tier 1 1,321 - 5,000 gal No written SPCC Plan.
Tier 2 5,001 - 10,000 gal Written SPCC Plan, but not PE certified.
Tier 3 Greater than 10,000 gal SPCC Plan with PE certification.
26
Notices of Data Availability
  • Oil-Filled and Process Equipment
  • The following areas discussed in the NODA
    documents are examples of the kinds of data we
    request be submitted
  • Data to support development of criteria to define
    oil-filled and process equipment
  • Data to support the development of streamlined
    requirements for facilities with oil-filled and
    process equipment.
  • We are not soliciting comments in this NODA on
    any other topic

27
Oil-Filled Electrical Equipment
  • Utility Solid Waste Activities Group proposes
    amendments to oil-filled electrical equipment.
  • Two recommendations
  • Base regulatory threshold for oil-filled
    operating equipment on storage capacity of each
    piece of equipment, rather than aggregate
    capacity of facility.
  • Establish tiered requirements based on the oil
    storage capacity.

28
Next Steps
29
Extension
  • During the extension
  • The regulated community will update/prepare Plans
    and have additional time to understand recent
    clarifications of the rule.
  • EPA is developing guidance to address the
    performance-based nature of the rule.
  • Facilities must maintain a Plan in accordance
    with the extension.
  • After the extension
  • Regional Guidance will be available to the public
  • Facilities must have an SPCC Plan in compliance
    with revised rule provisions.
  • EPA will address additional issues as needed.

30
Regional Guidance
  • EPA acknowledges there are additional policy
    issues that require clarification and is working
    to address them.
  • Clarifications can often be addressed through
    performance-based provisions of the rule.
  • Currently developing guidance to regional
    inspectors on how to evaluate SPCC Plans when
    environmental equivalence and impracticability
    are claimed.

31
Performance-Based Natureof the Rule
  • Environmental Equivalence (112.7(a)(2))
  • Facilities may deviate from certain substantive
    requirements of the SPCC rule (except secondary
    containment) by implementing alternate measures
    that provide equivalent environmental protection.
  • Impracticability (112.7(d))
  • In situations where secondary containment is not
    practicable, the SPCC Plan must explain the
    reason.
  • The owner/operator must prepare an oil spill
    contingency plan and a written commitment of
    manpower, equipment, and materials.

32
Performance-Based Natureof the Rule
  • Document!
  • Document!
  • Document!

33
Performance-Based Natureof the Rule
  • Environmental Equivalence
  • State reason for nonconformance in Plan
  • Describe in detail the alternative method and how
    you will achieve environmental equivalence.
  • Impracticability
  • Clearly explain why containment measures are
    impracticable.
  • Conduct integrity testing
  • Develop a contingency plan (40 CFR 109)
  • Provide written commitment of manpower,
    equipment, and materials.

34
Regional Guidance
  • Examples of issues to address in guidance
  • Loading rack
  • Integrity Testing
  • Security
  • Piping
  • Mobile/portable containers

35
Summary
  • Background and History of SPCC
  • Overview of the SPCC provisions
  • Extension
  • NODAs
  • Certain Facilities
  • Oil-filled and Process Equipment
  • Regional Guidance and performance-based
    provisions of the rule

36
For More Information
  • U.S. EPA Region 7, Air, RCRA, and Toxics
    Division, Storage Tanks and Oil Pollution Branch,
    901 North 5th Street, Kansas City, KS 66101-2907
  • 1-800-223-0425
  • hancock.alan_at_epa.gov , walker.stanley_at_epa.gov
  • EPA Oil Program Website
  • www.epa.gov/oilspill
  • RCRA, Superfund, and EPCRA Call Center
  • 1-800-424-9346
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