USWAG Update:SPCC & CCP Issues

Jim Roewer

APPA E&O Conference

April 18, 2007

Spill Prevention Control & Countermeasures(SPCC) Regulations

SPCC Rule Revisions Timeline

SPCC Rule (40 CFR 112 ) Promulgated 1973 Revisions Proposed 1991; Additional

Amendments Proposed 1993 & 1997) SPCC Amendments Published July 17, 2002,

Effective August 16, 2002; Deadline = August 2003

2003 Deadline Extension to August 2006

Oil-filled Equipment & Small Facility SPCC Rule

ANPR September 2004 Proposed Rules December 2005 Extension of Compliance Deadlines to

October 31, 2007 (or 1 year from Final Rule) Tailored SPCC Program for Electrical

Equipment & Small Facilities Final Rule Published December 26, 2006

Oil-filled Equipment & Small Facility SPCC Rule

Reduces Regulatory Burdens Oil-filled Equipment Small Facilities (“Qualified Facilities”) Mobile Refuelers Motive Power

Oil-filled Equipment

Oil-filled equipment is subject to rule Equipment volume included in threshold

determination Equipment excluded from “bulk storage

container” definition, avoids requirements for: bulk storage secondary containment corrosion protection periodic integrity testing inspection

Qualified Oil-filled Equipment

Oil-filled Electrical Equipment with Clean Discharge History for Past 3 years ✔ Discharges from Electrical Substations ~20/Year

Industry-wide Subject to Monitoring & Inspection Contingency Plan in lieu of General

Secondary Containment

Qualified Facilities

≤ 10,000 gallons Aggregated Oil Capacity Clean Discharge History for Past 3 Years Self-certification of SPCC Plan Streamlined Integrity Testing Requirements Streamlined Facility Security Requirements

Mobile Refuelers

Mobile Refueler = Bulk Storage Container onboard a Vehicle

Sized Secondary Containment No Longer Required

General Secondary Containment Still Required

Refueling vs. Oil Transfer

Motive Power

On-board Fuel Tank Motive Power Containers Exempt from SPCC

Rule

SPCC Summary

Relief for Small Facilities (<10,000 gal) Relief from Secondary Containment for

Electrical Equipment Mobile Refuelers Motive Power Exemption

SPCC Summary

Relief for Small Facilities (<10,000 gal) Relief from Secondary Containment for

Electrical Equipment Mobile Refuelers Motive Power Exemption Compliance Deadline Proposed Extension to

July 1, 2009

USWAG SPCC Workshops

June 6, 2007

PSEG

Newark, NJ

October 3, 2007

PGE

San Francisco

Coal Combustion Product (CCP)

Management Issues

CCP Regulatory Background

August 1993 & May 2000 Non-Hazardous Regulatory Determinations

Rulemaking Schedule: CCP Disposal

NODA April 2007

Mineplacement OSM ANPRM March 2007

EPA NODA

Updating Record Since 2000 Regulatory Determination EPA – DOE Report on New Facilities Revised Risk Modeling USWAG CCP Action Plan Environmental Groups’ Proposed Subtitle D

Regulations

EPA/DOE New CCP Disposal Facility Report

Survey of New (post-1994) CCP Disposal Facilities ~60 facilities identified

Analysis of Permit Requirements Liners, Groundwater Monitoring required for

Nearly All Review of State Regulations

Increasing Stringency

UTILITY INDUSTRY ACTION PLAN FOR THE

MANAGEMENT OF COAL COMBUSTION PRODUCTS

Submitted to the

United States Environmental Protection AgencyOffice of Solid Waste

Ariel Rios Building1200 Pennsylvania Avenue, NW

Washington, D.C. 20460

by the

Utility Solid Waste Activities Group701 Pennsylvania Avenue, NWWashington, D.C. 20004-2696

202-508-5645

October 2006

USWAG CCP Action Plan

Voluntary Program Designed to: Adopt Groundwater Performance Standards at

Landfills, Surface Impoundments Implement Comprehensive Monitoring Program to

Measure Compliance with Performance Standards

Ensure no CCPs Placed in Sand & Gravel Pits without Appropriate Engineering Controls

Consider Dry Handling for New CCP Management Units

USWAG CCP Action Plan

Implementation of the Action Plan will Achieve Enhanced Environmental Protection on a More Rapid Timetable than Through EPA’s Regulatory Process

Will Fill any Perceived Gaps in State Regulations

OSM ANPRM - March 14, 2007

Implementation of NAS Report on Mineplacement SMCRA Does Not Contain Explicit Regulations

Addressing CCP Mineplacement Modifications to SMCRA Title V, Title IV Likely OSM Commitment to Mine Reclamation &

Environmental Protection Anticipated Schedule: Proposed Rule - 2007,

Final Rule - 2008

CCP Disposal and Mineplacement

No Need for Comprehensive Federal Regulatory Program Performance Based Standards for Disposal and

Mineplacement State Regulatory Oversight for Disposal and

Mineplacement EPA’s Role = Technical Assistance & Filling Gaps

CCP Management Challenges(Impact of Mercury Rules)

Cross Media Impacts Questions re. Increased Hg Levels in CCPs Implications for Disposal Implications for Utilization

Cement & Concrete Cement Manufacture Gypsum Sheet Product Manufacture Agricultural Applications

CCP Management Challenges(Impact of Mercury Rules)

Portland Cement Kiln NESHAP December 20, 2006 Final Rule Hg Control for Existing Kilns Rejected Ban on Use of Fly Ash as Kiln

Feedstock Ban on Fly Ash with Increased Hg from Sorbent

Injection Reconsideration of Rule (Limits, Fly Ash Ban) PCA, Earthjustice Lawsuits

CCP Issues Summary

Regulatory Future Uncertain Non-hazardous Status of CCPs Critical Disposal & Mineplacement Regulations

CAA Implementation Will Affect CCPs Regulatory Status Unlikely to be Affected Impact on Utilization Possible

Questions?

Jim Roewer

202/508-5645

jim.roewer@uswag.org