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SPCC Rule Update. Iowa AWMA SPCC Workshop March 9, 2004 *Excerpts taken from SPCC Rule Update presentation given by Mark Howard, USEPA at the API 2003 Storage Tank Conference November 5, 2003 . History of EPA’s Oil Program. Federal Water Pollution Control Act Amendments

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spcc rule update

SPCC Rule Update

Iowa AWMA SPCC Workshop

March 9, 2004

*Excerpts taken from SPCC Rule Update presentation given by Mark Howard, USEPA at the API 2003 Storage Tank Conference November 5, 2003

history of epa s oil program
History of EPA’s Oil Program
  • Federal Water Pollution Control Act Amendments
  • Original SPCC Rule 40 CFR Part 112
  • Ashland Oil Spill – SPCC Task Force
  • 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
  • Additional proposed SPCC amendments
  • Draft Final SPCC Rule – remanded to OMB
  • Final SPCC rule published 7/17/02, effective 8/16/02
  • SPCC compliance date extension issued
major issues associated with july 2002 rule
Major Issues Associated with July 2002 Rule
  • Litigation
    • American Petroleum Institute (API)
    • Petroleum Marketers Association of America (PMAA)
    • Marathon Oil
  • Policy questions and concerns
  • Compliance dates extended 18 months
deadlines to amend or prepare and implement spcc plan
Deadlines to Amend or Prepare and Implement SPCC Plan

NOTE: Facilities subject to 40 CFR Part 112 and in operation before August 16, 2002, and without an existing Plan, must immediately prepare and implement a Plan and are considered in violation until Plan implementation.

litigation update
Litigation Update
  • Three complaints have been consolidated (API, PMAA, Marathon)
  • All EPA SPCC policy analysis since June 2003 has focused on lawsuit items termed “Tier 1”
  • Settlement discussions have been ongoing for several months
  • Environmental groups have shown interest in the litigation
  • Discussions associated with the litigation are very limited
  • Work on non-litigation issues, termed “Tier 2” has been impacted
tier i litigation issues
Tier I – Litigation Issues
  • Secondary containment / cost-impracticability (can cost play a factor?)
  • Loading racks (definition of?)
  • Navigable waters (SWANCC)
  • Produced waters (want wastewater exemption extended to)
  • Should to shall/must – SBREFA (procedural challenge; didn’t consider small business impacts)
tier ii high priority non litigation issues
Tier II – High Priority Non Litigation Issues
  • Applicability to motive power (airplanes, “John Deere Issue”)
  • Scope and definition of operational equipment / process vessels
  • Distinction between various secondary containment requirements
  • Applicability of rule to various forms of piping
  • Integrity testing for small bulk containers (tie to SBREFA Tier I issue)
  • Applicability of rule to mobile / portable containers (tanker truck issues)
  • Wastewater exemption & applicability of rule to oil water separators
status of epa tier ii policy review
Status of EPA Tier II Policy Review
  • Extensive interaction with stakeholders
  • EPA technical workgroup has reviewed and provided recommendations
  • Senior EPA mgmt briefings held
  • Decisions pending on actions EPA will take to address Tier I policy issues
  • Other offices in EPA must be consulted on the technical workgroup’s recommendations
epa 10 policy papers
EPA 10 Policy Papers

Red: Litigation Issue

stakeholder meetings white papers
Stakeholder Meetings / White Papers
  • Small Business Association (SBA)
  • API Coalition
  • Utility Solid Waste Activities Group (USWAG)**
  • Edible Oil Industries**
  • API
  • Airline Industry
  • Hogan & Hartson – (Law firm representing a company coalition comprised of, for example, GE & Verizon)
  • Agriculture

** EPA has stated that Electrical and Food/Edible Oils Industry concerns will require specific attention

sba activities
SBA Activities
  • New policy proposals
    • Electrical
    • SPCC/Stormwater overlap
    • PE tiered certification proposal
      • 1st Tier: <5,000 gallons of oil, exempt from having a written plan and/or PE certification
      • 2nd Tier: 5,000 to 10,000 gallons of oil, required to have a written plan but not necessarily certified by a PE; PE site visit would not be required
      • 3rd Tier: >10,000 gallons of oil, written plan certified by a PE
api led coalition
API-led Coalition
  • Coalition’s white papers align with EPA 10 policy papers
  • Concerns:
    • Upcoming compliance deadline
    • Budgeting/Capital Improvements
  • USWAG has provided policy recommendations for electrical equipment
  • USWAG Proposal
    • Allow each piece of equipment to be designated a facility
    • Tier I: Designate a “qualified facility”
      • 20,000 gallon threshold
      • No SPCC Plan requirement
    • Tier II: All other regulated facilities
food edible oil
Food / Edible Oil
  • Concerns with the applicability of the rule to unique equipment/processes
  • Some SPCC sections can be deleted, others might be modified
agricultural sector
Agricultural Sector
  • EPA has met with USDA, EPA Agricultural Center and EPA Agricultural Liaison – Jean Mari Peltier
  • Impact of rule on farmers
  • Potentially large area of non-compliance
airline industry
Airline Industry
  • Mobile fuelers
  • Scope of rule
  • Applicability to motive power (Jet SPCC Plans???)
timetable for policy clarification
Timetable for Policy Clarification
  • EPA Goal: Clarify Tier I & II issues by March 2004
    • Stakeholder meeting planned for first week in March
    • Proposed revisions to be published in the Federal Register
  • Guidance, policy, and regulatory change are all possible
  • All issues will not be resolved
    • Performance based rulemaking
    • Role of the PE
timetable notes
Timetable Notes
  • EPA does not anticipate another extension…


    • Litigation timing is impacting Tier II issues
    • EPA has stated they will provide a six-month notice for amending SPCC Plans in areas impacted by the Tier I & II issues
melody evans

Melody Evans

Maytag - Amana Appliances

alan j arnold

Alan J. Arnold

Alliant Energy

spcc project for john deere ottumwa works

SPCC Project for John Deere Ottumwa Works

Liping Zhang, P.E.

Deere & Company

March 9, 2004

project background
Project Background
  • Five loading/unloading locations for oils and chemicals.
  • None of them has containment
  • Consolidates all the loading/unloading areas into one location and install one concrete containment
  • Chemical loading/unloading area is also considered in this project
lessons learned
Lessons Learned
  • The ramp design
  • The land survey
art potratz

Art Potratz

General Mills, Inc.