october 2008 the federal spill prevention, control, & countermeasures compliance workshop...

October 2008October 2008

The FederalThe FederalSpill Prevention, Control, & Spill Prevention, Control, &

Countermeasures Compliance Countermeasures Compliance WorkshopWorkshop

Presented by:

Spill Prevention, Control, & Spill Prevention, Control, & Countermeasures RuleCountermeasures Rule

- Review the federal Review the federal regulationregulation

- Program historyProgram history- Basic rule definitionsBasic rule definitions- Who must comply Who must comply - SPCC Plan requirementsSPCC Plan requirements- Emergency Response & Emergency Response &

NotificationNotification

Workshop and Goals


- Enforcement/PenaltiesEnforcement/Penalties- Common violationsCommon violations- Tips on how to complyTips on how to comply- Compliance datesCompliance dates- Reference materialReference material- Highlight assistance Highlight assistance

availableavailable

Workshop and Goals

The Federal Environmental Protection The Federal Environmental Protection Agency (EPA) regulates the Agency (EPA) regulates the Oil Pollution Oil Pollution Prevention and Response Regulation Prevention and Response Regulation ((40 CFR 112) in Vermont40 CFR 112) in Vermont

New England Regional I Office - Boston, MANew England Regional I Office - Boston, MA

- regulate, inspect & enforce - regulate, inspect & enforce

the rulethe rule


Oil Pollution Prevention and Response Oil Pollution Prevention and Response RegulationRegulation

• Outlines requirements for prevention, Outlines requirements for prevention, preparedness, and response to oil discharges preparedness, and response to oil discharges

• Prevention requirements are called the Prevention requirements are called the “ “SPCC rule”SPCC rule”

• Includes requirements for Facility ResponseIncludes requirements for Facility Response Plans (FRPs)Plans (FRPs)


What is the purpose of a What is the purpose of a SPCC Plan?SPCC Plan?

The purpose of the SPCC rule is to prevent discharges of oil into U.S. waters.

It’s not Rocket ScienceIt’s not Rocket Science

Program historyProgram history

1970: Executive 1970: Executive Order 11548Order 11548

1972: Clean Water Act1972: Clean Water Act

Develop / implement facility-specific Develop / implement facility-specific Spill Prevention, Control and Spill Prevention, Control and Countermeasure (Countermeasure (SPCCSPCC) Plans ) Plans

Program historyProgram history

Multiple revisions have been made: Multiple revisions have been made: 1991, 1993, 1997, 2002, 20061991, 1993, 1997, 2002, 2006

Changes allow for more flexibilityChanges allow for more flexibility

If your SPCC Plan is older than 6 years, If your SPCC Plan is older than 6 years, it is probably not compliantit is probably not compliant

DefinitionsDefinitions

What is an “oil”?What is an “oil”?

Any kind, in any form, including: Any kind, in any form, including: heating oils, motor fuels, lubricating heating oils, motor fuels, lubricating oils, cutting oils, quenching oils, oils, cutting oils, quenching oils, hydraulic oils, transformer oils and hydraulic oils, transformer oils and cooking oils.cooking oils.

PetroleumBased Oils

NonPetroleum 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


"Navigable Waters" includes, but is not "Navigable Waters" includes, but is not limited to: harbors, lakes, rivers, limited to: harbors, lakes, rivers, brooks, ponds, streams, and wetlands.brooks, ponds, streams, and wetlands.

Or any swale or ditch that could Or any swale or ditch that could convey water.convey water.

Who must write a plan?Who must write a plan?

Non-transportation facilitiesNon-transportation facilities

Facilities that store oil aboveground in Facilities that store oil aboveground in containers greater than 55-gallons with containers greater than 55-gallons with an aggregate volume greater than an aggregate volume greater than 1,320-gallons; 1,320-gallons; oror

Who must write a plan?Who must write a plan?

Facilities that store oil below ground - Facilities that store oil below ground - “not otherwise regulated” with a total “not otherwise regulated” with a total aggregate volume of 42,000 gallons; aggregate volume of 42,000 gallons; andand

Facilities that could reasonably be Facilities that could reasonably be expected to discharge oil to a "navigable expected to discharge oil to a "navigable water of US" or "adjoining shorelines".water of US" or "adjoining shorelines".

Is the facility considered non-transportation related?

Is the facility gathering, storing, using, processing, consuming, drilling, transferring, or distributing oil?

Could the facility be expected to discharge oilthat may be harmful to U.S. waters?

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.

Is the total underground capacity of oil over 42,000 gals?_________________

Do not include permitted USTs.

Not subject to SPCC

The facility is subject to SPCC

yes

yes

yes

yes

yes

no

no

no

no

no

Who can write a plan?Who can write a plan?

The plan has to be certified by a registered The plan has to be certified by a registered Professional Engineer, with the exception:Professional Engineer, with the exception:

– 10,000 gallons or less can self-certify if:10,000 gallons or less can self-certify if: No reportable* discharges within last No reportable* discharges within last

3 years3 years

* Reportable discharge = 1,000 gallons or * Reportable discharge = 1,000 gallons or 2 discharges exceeding 42 gallons within 12 2 discharges exceeding 42 gallons within 12 months; months; andand

Who can write a plan?Who can write a plan?

Plan cannot include any impracticability Plan cannot include any impracticability determination or deviate from any determination or deviate from any requirement of the SPCC Plan rule.*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 Amendment

SPCC Plan RequirementsSPCC Plan Requirements

1.1. IntroductionIntroduction2.2. Facility descriptionFacility description3.3. Storage Tanks / ContainersStorage Tanks / Containers4.4. Spill History Spill History 5.5. Spill Containment & PreventionSpill Containment & Prevention6.6. Spill Prediction & DirectionSpill Prediction & Direction7.7. Stormwater DischargeStormwater Discharge8.8. Deliveries & Unloading ProceduresDeliveries & Unloading Procedures9.9. Flood Hazard Flood Hazard 10.10. Inspections, Testing & RecordsInspections, Testing & Records11.11. Spill Control & CountermeasuresSpill Control & Countermeasures12.12. Emergency Response & NotificationEmergency Response & Notification13.13. Facility SecurityFacility Security14.14. Personnel TrainingPersonnel Training15.15. Plan Review & Amendment ProceduresPlan Review & Amendment Procedures16.16. Plan Implementation ItemsPlan Implementation Items


1.1. IntroductionIntroduction

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


2. Facility Description2. Facility Description

General Information

Detailed facility description (operations) Include facility layout layout and drainage patternsand drainage patterns

Include all AST and UST areas and add a map of your location – Figures 1 & 2

Figure 1


3. Storage Tanks / Containers3. 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


4. Spill History4. 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


5. Spill Containment & Prevention5. Spill Containment & Prevention

Describe facility oil storage

Types of containment provided

Describe how oil is transferred

Include containment calculations – Appendix C

Appendix C


6. Spill Prediction & Direction6. 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


7. Stormwater Discharges7. 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


8. Deliveries & Unloading Procedures8. 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


9. Flood Hazards9. Flood Hazards

Describe facility flood history and potential for flooding in the future.

High risk or minimal?


10. Inspections, Testing, & Records10. 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


10.2 Bulk AST Storage Tank Testing10.2 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


10.3 UST Tank Testing10.3 UST Tank Testing

Describe how you will provide inspections (daily, monthly, and annual)

Incorporate UST, ERP self-certification information here

Documentation is required


10.4 Records10.4 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


11. Spill Control & Countermeasures11. Spill Control & Countermeasures

Procedures taken by facility to mitigate or prevent any discharge or prevent any release from operational activities.

Follow flow chart - Appendix FSpill Response Log - Appendix D

Appendix D – Spill Notification Form


12. Emergency Response & Notification12. 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


12.2, 12.3 Emergency Response & 12.2, 12.3 Emergency Response & Notification (Additional Reporting)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


13. Facility Security13. Facility Security

Describe the facility security. Gated areas, hours of operation, vehicle access, buildings locked, lighting, etc.

Outline security for Outline security for the prevention of the prevention of internal sabotage internal sabotage and external vandalismand external vandalism


14. Personnel Training14. 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


15. Plan Review & Amendments15. 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


15.15. Plan Review & Amendments Plan Review & Amendments (continued)(continued)

The plan has to be amended if there are The plan has to be amended if there are any changes in design, construction, any changes in design, construction, operation or maintenance which affects operation or maintenance which affects the facility's the facility's potentialpotential for a discharge. for a discharge.


16. Plan Implementation Items16. 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


A copy of the plan must be maintained A copy of the plan must be maintained at a facility manned at least 8 hours/ at a facility manned at least 8 hours/ day.day.

For remote locations, a copy of the For remote locations, a copy of the plan should be filed at the nearest field plan should be filed at the nearest field office.office.


A copy does not have to be filed with A copy does not have to be filed with EPA unless requested.EPA unless requested.

The plan must be available during The plan must be available during normal business hours for EPA or any normal business hours for EPA or any State Environmental inspector.State Environmental inspector.

SPCC Plan Requirements SPCC Plan Requirements summarysummary

Facility layout and drainage patterns.Facility layout and drainage patterns.

List of all oil storage.List of all oil storage.

Quantities of oil that could be released, Quantities of oil that could be released, with predicted path of flow and flow rate.with predicted path of flow and flow rate.

Procedures for receiving oil from supplier, Procedures for receiving oil from supplier, transfer of oil within the facility, end point transfer of oil within the facility, end point uses of oil, and waste oil disposal.uses of oil, and waste oil disposal.

SPCC Plan Requirements SPCC Plan Requirements summarysummary

Inspection and integrity testing schedules Inspection and integrity testing schedules of lines and tanks. of lines and tanks.

Capacity and imperviousness of secondary Capacity and imperviousness of secondary containment devices.containment devices.

Cleanup procedures (use of in-house Cleanup procedures (use of in-house trained staff versus contractors).trained staff versus contractors).

OSHA considerations.OSHA considerations.

Emergency Response and Emergency Response and NotificationNotification

Determine the spill source Determine the spill source

Stop the dischargeStop the discharge

Stop any further transfer operationsStop any further transfer operations

Utilize available spill response equipment Utilize available spill response equipment to clean up the spill safelyto clean up the spill safely

Call in your clean-up contractorCall in your clean-up contractor

Emergency Response and Emergency Response and NotificationNotification

Notify the VT DEC Spill Response TeamNotify the VT DEC Spill Response Team

Notify the local authoritiesNotify the local authorities

Notify the National Response CenterNotify the National Response Center

Notify the EPA Region I CoordinatorNotify the EPA Region I Coordinator

Document the eventDocument the event

Emergency Response and Emergency Response and Notification Notification

Immediately notify the National ResponseImmediately notify the National Response

Center if release causes sheen on water.Center if release causes sheen on water.

Report spills to VT DEC Spill Team if:Report spills to VT DEC Spill Team if:

2-gallons or 2-gallons or

more of more of

petroleumpetroleum

Any amount Any amount

of other of other

chemicalschemicals



Within 60 days, report to EPA Region I Within 60 days, report to EPA Region I Coordinator if more than 1,000 gals, or Coordinator if more than 1,000 gals, or more than two-42 gal discharges occurred more than two-42 gal discharges occurred in a 12-month period.in a 12-month period.

EPA Penalties & EnforcementEPA Penalties & Enforcement

No Plan at all. No Plan at all.

Failure to include all elements of a Failure to include all elements of a complete plan as required.complete plan as required.

No containment.No containment.


Plan not reviewed/updated every five Plan not reviewed/updated every five yearsyears

Plan does not include all oil on facility, Plan does not include all oil on facility, i.e., transformers, hydraulic systems, i.e., transformers, hydraulic systems, emergency generators, drum storage, emergency generators, drum storage, permitted USTs, etc.permitted USTs, etc.


Plan does not accurately identify, from Plan does not accurately identify, from each oil location, the path spilled oil would each oil location, the path spilled oil would take to reach a waterway.take to reach a waterway.

Drains not Drains not

traced out.traced out.

Common ViolationsCommon Violations

Staff not conducting regular walk-through Staff not conducting regular walk-through inspections. inspections.

Dike valves are not closed or manual Dike valves are not closed or manual equipment is not used to allow for equipment is not used to allow for inspection before inspection before

discharge.discharge. Security and Security and

lighting lighting

inadequate.inadequate.


Insufficiently imperviousInsufficiently impervious

Dike drainage logs not keptDike drainage logs not kept

Buried piping installed after 8/16/02 Buried piping installed after 8/16/02 does not meet does not meet

corrosion protection corrosion protection standards standards (wrapped and CP)(wrapped and CP)

Common violationsCommon violations

Dike sized adequately (largest tank Dike sized adequately (largest tank plusplus precipitation – 110% design)precipitation – 110% design)

Regular integrity testing of tanks not Regular integrity testing of tanks not completedcompleted– API recommends inspection at least every API recommends inspection at least every

ten years, more frequently depending upon ten years, more frequently depending upon corrosion ratecorrosion rate


Plans not implementedPlans not implemented– Not certifiedNot certified– Not approved by managementNot approved by management– Training not conductedTraining not conducted– Implementation items Implementation items not completednot completed– Updates to facility Updates to facility not includednot included

PenaltiesPenalties

Clean Water Act Sections 309 and 311: Clean Water Act Sections 309 and 311: Authorizes EPA to Assess Penalties Authorizes EPA to Assess Penalties

Criminal Penalties (Section 309(c))Criminal Penalties (Section 309(c)) Fines and imprisonmentFines and imprisonment EPA uses to target most significant and EPA uses to target most significant and

egregious violationsegregious violations

PenaltiesPenalties

Administrative PenaltiesAdministrative Penalties Class I up to $10,000 per violation; up to Class I up to $10,000 per violation; up to

$25,000 total$25,000 total Class II $11,000 per violation per day; Class II $11,000 per violation per day;

maximum of $157,500 maximum of $157,500

Civil PenaltiesCivil Penalties Up to $25,000 per day for each violationUp to $25,000 per day for each violation

A Vermont Penalty StoryA Vermont Penalty Story

2007 - 5,000 gals of gasoline was 2007 - 5,000 gals of gasoline was released from a 25,000 gal double-released from a 25,000 gal double-compartment storage tank.compartment storage tank.

Emergency responders observed that Emergency responders observed that gasoline had flowed beyond the gasoline had flowed beyond the containment area and had contaminated containment area and had contaminated soil and ground water on the property.soil and ground water on the property.

A Vermont Penalty StoryA Vermont Penalty Story

The petroleum storage / distribution facility The petroleum storage / distribution facility paid $21,250 in penalties and $14,000 for paid $21,250 in penalties and $14,000 for oil spill equipment and response training.oil spill equipment and response training.

Fine assessed:Fine assessed:

$21,250 $21,250

+ $14,000+ $14,000 (sep) (sep)

$ 35,250$ 35,250

Why Comply?Why Comply?

It is a lot cheaper to prevent a release It is a lot cheaper to prevent a release than to clean one up.than to clean one up.

It is a lot cheaper It is a lot cheaper to come into to come into compliance than compliance than to litigate, pay fines, to litigate, pay fines, and and still paystill pay to come to come into compliance.into compliance.

How to ComplyHow to Comply

Some ASTs may be located inside Some ASTs may be located inside buildings, where the buildings’ structure buildings, where the buildings’ structure serves as secondary containmentserves as secondary containment

Storage can be Storage can be reduced and/or reduced and/or consolidatedconsolidated

Small leaks are noted Small leaks are noted and promptly repairedand promptly repaired


Drums of petroleum are located on Drums of petroleum are located on secondary containment pallets/basinssecondary containment pallets/basins

Drums are not stored near doors to Drums are not stored near doors to minimize the threat of a spill reaching minimize the threat of a spill reaching outsideoutside


Transfers near storm and floor drains Transfers near storm and floor drains should be avoided or drains should be should be avoided or drains should be temporarily covered during re-fueling temporarily covered during re-fueling operationsoperations


• Regularly inspect Regularly inspect

ASTs and Drums ASTs and Drums

for signs of for signs of

leak/damage leak/damage

Compliances DatesCompliances Dates

A Facility starting operation...

Must...

On or before August 16, 2002

Maintain its existing Plan.Amend/implement the Plan no later than July 1, 2009

After August 16, 2002 through July 1, 2009

Amend/implement the Plan no later than July 1, 2009

After July 1, 2009Prepare/implement a Plan

before beginning operations

Compliances DatesCompliances Dates

A Farm starting operation…

Must...

On or before August 16, 2002

Maintain its existing Plan.Amend/implement the Plan when EPA promulgates a rule specific for 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 MaterialsReference Materials

EPA Guidance for Regional Inspectors

Questions?

Spill Prevention, Control, & Spill Prevention, Control, & Countermeasures RegulationCountermeasures Regulation

The Environmental Assistance OfficeThe Environmental Assistance Office

www.eaovt.org

CONFIDENTIALCONFIDENTIAL

No finesNo finesNo enforcementNo enforcementClosed recordsClosed records

FREEFREE

On-sitesOn-sitesWorkshopsWorkshopsGuides & Fact sheetsGuides & Fact sheets

VOLUNTARYVOLUNTARY

Non-regulatoryNon-regulatory

Spill Prevention, Control, & Spill Prevention, Control, & Countermeasures RegulationCountermeasures Regulation

The Environmental Assistance OfficeThe Environmental Assistance Office

800-974-9559800-974-9559

Permit SpecialistsPermit Specialists regionally locatedregionally located (see brochure)(see brochure)

Business Business Judy MirroJudy Mirro 802.241.3745802.241.3745

MunicipalMunicipal John DalyJohn Daly 802.241.3471802.241.3471

Pollution2Pollution2 Paul Van HollebekePaul Van Hollebeke 802.241.3629802.241.3629

RecognitionRecognition Julia ButzlerJulia Butzler 802.241.3487802.241.3487

MercuryMercury Karen KnaebelKaren Knaebel 802.241.3455802.241.3455


Non-transportation FacilitiesNon-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.

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).


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.



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.


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.

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.


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.


october 2008 the federal spill prevention, control, & countermeasures compliance workshop...

Documents

petroleum oils oil

discharges of oil

oil pollution prevention

spcc rule spcc rule

countermeasures rule

rule spill prevention

hydraulic oils

lubricating oils