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The Federal Spill Prevention, Control, & Countermeasures Compliance Workshop. October 2008. Presented by:. Spill Prevention, Control, & Countermeasures Rule. Review the federal regulation Program history Basic rule definitions Who must comply SPCC Plan requirements

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The Federal Spill Prevention, Control, & Countermeasures Compliance Workshop

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The FederalSpill Prevention, Control, & Countermeasures Compliance Workshop

October 2008

Presented by:


Spill Prevention, Control, & Countermeasures Rule

  • Review the federal regulation

  • Program history

  • Basic rule definitions

  • Who must comply

  • SPCC Plan requirements

  • Emergency Response & Notification

Workshop and Goals


Spill Prevention, Control, & Countermeasures Rule

  • Enforcement/Penalties

  • Common violations

  • Tips on how to comply

  • Compliance dates

  • Reference material

  • Highlight assistance available

Workshop and Goals


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.


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?

no

Not subject

to SPCC

yes

yes

no

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.

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

  • 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

  • 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

  • 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 double-compartment 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


Compliances Dates


Reference Materials


EPA Guidance for Regional Inspectors


Questions?


Spill Prevention, Control, & Countermeasures Regulation

The Environmental Assistance Office

VOLUNTARY

Non-regulatory

FREE

On-sites

Workshops

Guides & Fact sheets

CONFIDENTIAL

No fines

No enforcement

Closed records

www.eaovt.org


Spill Prevention, Control, & Countermeasures Regulation

The Environmental Assistance Office

800-974-9559

Permit Specialistsregionally located(see brochure)

Business Judy Mirro802.241.3745

MunicipalJohn Daly802.241.3471

Pollution2Paul Van Hollebeke802.241.3629

Recognition Julia Butzler802.241.3487

MercuryKaren Knaebel802.241.3455


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.


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