EPA Region 8 Oil Pgm 22 07

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Information about EPA Region 8 Oil Pgm 22 07
Education

Published on January 16, 2008

Author: Hillary

Source: authorstream.com

Slide1:  U. S. EPA REGION 8 OIL PROGRAM Amendments to SPCC Rule:  Amendments to SPCC Rule Extension of compliance dates proposed December 2006. Final Rule effective May 16, 2007 Compliance Dates:  Compliance Dates Extension published May 16, 2007, extended the dates in §112.3(a), (b), and (c) by which a facility (other than farms) must amend or prepare and implement its SPCC Plan: December 2006 Amendments:  December 2006 Amendments Amendments proposed December 2006 Final Rule effective February 26, 2007 Provide streamlined, alternative methods for compliance with oil spill prevention requirements December 2006 Amendments :  December 2006 Amendments Exempts motive power containers Eliminates certain requirements for animal fats and vegetable oils Provides compliance date extension for farms New Streamlined Requirements:  New Streamlined Requirements Mobile refuelers Facilities with an oil storage capacity of 10,000 gallons or less (“qualified facilities”) Oil-filled operational equipment Requirements for Airports:  Requirements for Airports Spill Prevention, Control, and Countermeasure Plan; (SPCC Plan) as required by 40 CFR §112.3 :  Spill Prevention, Control, and Countermeasure Plan; (SPCC Plan) as required by 40 CFR §112.3 Prepare and Implement Slide9:  Section 112.7 – General requirements for all facilities. Section 112.8 – Specific requirements for all facilities except production facilities. Applicability:  Applicability General Applicability 112.1: Regulatory threshold: Raises the threshold by eliminating the 660 gallon/single container criterion. Now total capacity >1,320 gallons Minimum container size: Exempts containers less than 55 gallons from capacity calculation. Applicability:  Applicability General Applicability 112.1: Facilities which may reasonably be expected to discharge oil to navigable waters or adjoining shorelines of the United States; May affect natural resources belong to, appertaining to, or under the exclusive management authority of the U.S.; Into or upon waters of the contiguous zone... Oil :  Oil Oil of any kind or in any form, including, but not limited to: fats, oils, or greases of animal, fish, or marine mammal origin; vegetable oils, including oils from seeds, nuts, fruits, or kernels; and, other oils and greases, including petroleum, fuel oil, sludge, synthetic oils, mineral oils, oil refuse, or oil mixed with wastes other than dredged spoil. Oil :  Oil Substance which has: - limited water solubility, and - a relative cohesive mass upon discharge, and - the potential for leaving a residue and being detectable in a water body, and - the ability to be removed from the navigable waters and adjoining shoreline using currently available removal technology and equipment, and - the potential for adverse environmental effects (i.e. toxic effects to aquatic animals, drowning of waterfowl, harm to wildlife, adverse aesthetic effects). Facility:  Facility Generally at discretion of facility But cannot be defined in order to avoid applicability For Airports: Entire airport Fixed Based Operators Transportation-related and Non-transportation-related:  Transportation-related and Non-transportation-related As applied to an onshore or offshore facility, are defined in the Memorandum of Understanding between the Secretary of Transportation and the Administrator of the Environmental Protection Agency, dated November 24, 1971, (Appendix A of this part). Exemptions in the Rule Which May Apply to Airports:  Exemptions in the Rule Which May Apply to Airports A facility, or part, used exclusively for wastewater treatment and not used for any other requirement of 40 CFR Part 112. Waste Water Treatment Containers:  Waste Water Treatment Containers Only the Oil Water Separator capacity does not count toward the overall storage capacity of the facility. Capacity of any bulk storage containers and/or oil-filled equipment is counted toward SPCC. The presence of an oil/water separator at an otherwise regulated facility does not exempt the entire facility from SPCC rule requirements. Examples:  Examples OWS that may be eligible for the exemption of §112.1(d)(6) include: Oil/water separators at an airport. Grease traps that intercept and congeal oil and grease from liquid waste. Exemptions in the Rule Which May Apply to Airports:  Exemptions in the Rule Which May Apply to Airports The rule exempts completely buried tanks that are subject to and meet all technical requirements of the Underground Storage Tank rules (40 CFR part 280 or 281). Excluded or Exempt from UST Regulations (40 CFR part 280):  Excluded or Exempt from UST Regulations (40 CFR part 280) Tanks 110 gallons or less Tanks used for storing heating oil for consumptive use on the premises where stored Tanks storing animal fat or vegetable oil Tanks on or above the floor of underground areas … and therefore subject to SPCC, if the completely buried tanks contain oil: Septic tanks/ systems for collecting storm water and wastewater; Flow-through process tanks Emergency spill and overfill tanks Surface impoundments, pits, ponds, or lagoons Any UST system that contains de minimis concentrations of regulated substances Storage Capacity Calculation:  Storage Capacity Calculation General Secondary Containment §112.7(c):  General Secondary Containment §112.7(c) Requires secondary containment for all areas with the potential for a discharge Requires appropriate containment and/or diversionary structures to prevent a discharge that may be harmful (a discharge as described in §112.1(b)) “Appropriate containment” should be designed to address the most likely discharge from the primary containment system such that the discharge will not escape containment before cleanup occurs. General facility requirement with no sizing or freeboard requirements This is the minimum expectation for containment! (d) Contingency Plan Option:  (d) Contingency Plan Option If the facility determines that the installation of the structures or pieces of equipment listed as acceptable means for providing secondary containment for storage containers and facility tank car and tank truck loading/unloading areas to prevent a discharge as described in §112.1(b) are not practicable, the facility must explain in the Plan why such measures are not practicable; Active Measures vs. Contingency Plan:  Active Measures vs. Contingency Plan Active secondary containment requires a deployment action; it is put in place prior to or immediately upon discovery of an oil discharge. The purpose of these measures is to contain an oil discharge before it reaches navigable waters or adjoining shorelines. A contingency plan is a detailed oil spill response plan developed when any form of secondary containment is determined to be impracticable. The purpose of a contingency plan should be both to outline response capability or countermeasures to limit the quantity of a discharge reaching navigable waters or adjoining shorelines, and to address response to a discharge of oil that has reached navigable waters or adjoining shorelines. Specific Secondary Containment Requirements:  Specific Secondary Containment Requirements Specified minimum size requirement for secondary containment for the following areas: Bulk storage containers Loading/unloading racks Mobile or portable bulk storage containers Specific Secondary Containment Requirements:  Specific Secondary Containment Requirements Bulk storage containers - 112.8 (c) Secondary containment for the entire capacity of the largest single container and sufficient freeboard to contain precipitation. The facility must ensure that diked areas are sufficiently impervious to contain discharged oil. Specific Secondary Containment Requirements:  Specific Secondary Containment Requirements Mobile and portable containers - 112.8 (c) (11) Secondary containment for the entire capacity of the largest single container and sufficient freeboard to contain precipitation. The facility must ensure that diked areas are sufficiently impervious to contain discharged oil. New Amendments Applicable to Airports:  New Amendments Applicable to Airports Exempt motive power containers. Offer streamlined optional requirements for: Airport Mobile Refuelers Qualified Facilities Qualified Oil-Filled Operational Equipment Motive Power Container: Definition :  Motive Power Container: Definition Any onboard bulk storage container used primarily to power the movement of a motor vehicle, or ancillary onboard oil-filled operational equipment Examples: automotive, airplane, or truck fuel tanks An onboard bulk storage container which is used to store or transfer oil for further distribution is not a motive power container. Motive Power Containers:  Motive Power Containers Motive power containers now exempt from the SPCC rule. Motive Power Containers:  Motive Power Containers Oil transfer activities occurring within an SPCC-regulated facility continue to be regulated Transfer of oil from an otherwise SPCC regulated facility’s AST into a vehicle. Transfer of oil from an otherwise SPCC regulated facility’s airport mobile refueler into an airplane. Mobile Refuelers: Definition:  Mobile Refuelers: Definition Bulk storage container onboard a vehicle or towed, that is designed or used solely to store and transport fuel for transfer into or from an aircraft, motor vehicle, locomotive, vessel, ground service equipment, or other oil storage container Mobile Refuelers:  Mobile Refuelers Includes vehicles of various sizes equipped with a bulk storage container that is used to fuel or defuel aircraft, motor vehicles, or other oil storage containers. Mobile Refuelers:  Mobile Refuelers Owners and operators of mobile refuelers at a non-transportation-related facility will no longer need to provide sized secondary containment (i.e. Sufficient to contain the capacity of the largest single compartment or container with enough volume to contain precipitation). Does not apply to vehicles that are used primarily to store oil in a stationary location General secondary containment requirements still apply! General Secondary Containment Requirements: § 112.7(c):  General Secondary Containment Requirements: § 112.7(c) General secondary containment should be designed to address the most likely discharge from the container Requires appropriate containment and/or diversionary structures or equipment to prevent a discharge to navigable waters or adjoining shorelines Allows for the use of certain types of active containment measures that prevent a discharge to navigable waters or adjoining shorelines. Active Containment Measures:  Active Containment Measures Require deployment or other specific action by the owner or operator or his employees. Active Measures:  Active Measures Active measures can include: Placing a properly designed storm drain cover over a drain to contain a potential spill in an area where a transfer occurs, prior to the transfer activity; Placing a storm drain cover over a drain in reaction to a discharge, before the oil reaches the drain; Using spill kits in the event of an oil discharge; Use of spill response capability (spill response teams) in the event of an oil discharge; Closing a gate valve that controls drainage from an area prior to a discharge. Active Containment Measures:  Active Containment Measures May be appropriate for discharges that occur during manned activities if it: Can contain the volume and rate of oil Is properly constructed Is deployed in a timely manner Slide46:  Mobile refuelers fueling airplanes Professional Engineer (PE):  Professional Engineer (PE) Certified by a licensed PE Licensed in any state PE familiar with 40 CFR Part 112 PE or agent visited facility In accordance with good engineering practices Applicable industry standards In compliance with regulations Inspection and testing procedures are established Plan is adequate for facility Qualified Facilities:  Qualified Facilities An optional choice for small facilities: Proposed Option As Applied to Airports:  Proposed Option As Applied to Airports Airports/airfields with 10,000 gallons or less total capacity can take advantage this option for entire facility. Airports which have FBOs with their own SPCC Plans, then either the airport or FBOs with 10,000 gallons or less total capacity can take advantage of this option. Qualified Oil-Filled Operational Equipment:  Qualified Oil-Filled Operational Equipment An optional choice for equipment at all facilities: Oil Filled Operational Equipment:  Oil Filled Operational Equipment Oil filled operational equipment includes an oil storage container (or multiple containers) in which the oil is present solely to support the function of the apparatus or the devices. Oil-filled operational equipment is not considered a bulk storage container, and Does not include manufacturing equipment (flow-through process). Facility Tank Car/Truck Loading/Unloading Rack § 112.7(h):  Facility Tank Car/Truck Loading/Unloading Rack § 112.7(h) (1) Drainage into a catchment basin or treatment facility designed to handle discharges, or A quick drainage system Designed to hold at least the maximum capacity of the largest single compartment of a tank car or tank truck loaded or unloaded at the facility. Loading/Unloading Racks §112.7(h)(1):  Loading/Unloading Racks §112.7(h)(1) Typical characteristics: Permanent structure to load or unload a tank trunk or tank car that is located at a regulated facility Equipment may be comprised of piping assemblages, valves, loading arms, pumps, or a similar combination of devices The system is necessary to load or unload tank trucks or tank cars The system may also include shut-off devices and overfill sensors Transfer Areas:  Transfer Areas Areas where oil is transferred but no loading or unloading rack is present. Examples: transfers from refuelers to aircraft, transferring oil into oil-filled equipment. Transfer Areas:  Transfer Areas Transferring fuel into refuelers, or transferring fuel to or from tanks may be at a transfer area instead of a rack. Transfer Areas:  Transfer Areas Provide appropriate containment or diversionary structures to prevent a discharge to water using any of the measures described in 112.7(c). Dikes, berms, or retaining walls sufficiently impervious to contain oil; Curbing; Culverting, gutters, or other drainage systems; Weirs, booms, or other barriers; Spill diversion ponds; Retention ponds; or Sorbent materials. Transfer Areas:  Transfer Areas Secondary containment size should be based on the magnitude of a most likely discharge. Determination of adequate secondary containment should consider: The reasonably expected sources and causes of a discharge The reasonably expected maximum rate of discharge The ability to detect and react to the discharge The reasonably expected duration of the discharge The time it would take a discharge to impact navigable waters or adjoining shorelines Environmental Equivalence Provision:  Environmental Equivalence Provision Allows deviations from most of the substantive requirements, provided that the owner/operator: Explains reason(s) for nonconformance Provides equivalent environmental protection with an alternate measure The RA may require an amendment of the Plan if equivalent environmental protection is questioned SPCC Requirements Subject to Environmental Equivalence Provision:  SPCC Requirements Subject to Environmental Equivalence Provision Not the administrative provisions of the rule §§112.1 – 112.5 (including definitions) Not secondary containment requirements Not certain provisions of §112.7, including the general recordkeeping and training provisions Most technical elements of the rule (§§112.7 through 112.12) Rationales for a Deviation:  Rationales for a Deviation Facility owner or operator can show that the particular requirement is inappropriate for the facility because of good engineering practice considerations or other reasons Can achieve equivalent environmental protection in an alternate manner The reason for deviating from a rule requirement must be stated in the SPCC Plan, with a detailed description of how equivalent environmental protection will be achieved. Selection of Environmentally Equivalent Measures:  Selection of Environmentally Equivalent Measures Can be based on various considerations, such as: Safety Cost Geographical constraints Appropriateness of a particular requirement based on site-specific considerations Other factors consistent with engineering principles Environmentally Equivalent Measures:  Environmentally Equivalent Measures The SPCC plan is certified by the PE who has verified that the measures are appropriate and meet good engineering practices. Cannot solely rely on measures that are already required by other parts of the rule. Need not be a mathematical equivalence Fencing Areas per §112.7(g)(1):  Fencing Areas per §112.7(g)(1) Fencing only areas directly involved in oil handling, processing, and storage can demonstrate E.E. Equipping an enclosed pump house with a master disconnect switch does not, by itself demonstrate E.E. because it would not restrict access to equipment that can be operated without electrical power. Lighting per §112.7(g)(5):  Lighting per §112.7(g)(5) Appropriate E.E. measures may include: Lights that are turned on intermittently (isolated facilities) Lighting that uses motion-activated detectors A combination of an alarm system to detect trespassers and portable lights to perform regular rounds of the facility Advantages of the Provision:  Advantages of the Provision A key mechanism of the performance-based SPCC rule Flexibility enables facilities to achieve environmental protection in a manner that fits their unique circumstances Allows facilities to adopt more protective industry practices and technologies as they become available § 112.7 General SPCC Requirements:  § 112.7 General SPCC Requirements Personnel, Training, and Discharge Prevention Procedures (1) Train facility oil-handling personnel Designate a person accountable for discharge prevention. Schedule and conduct discharge prevention briefings for facility oil- handling personnel at least once a year. § 112.8 and § 112.12 SPCC Requirements For Onshore Non-production:  § 112.8 and § 112.12 SPCC Requirements For Onshore Non-production 112.8 (b) and 112.12(b) Facility Drainage Restrain drainage from diked storage areas by valves to prevent a discharge into the drainage system or facility effluent treatment system, except where facility systems are designed to control such discharge. Use valves of manual, open-and-closed design, for the drainage of diked areas. You may not use flapper-type drain valves to drain diked areas. § 112.8 and § 112.12 SPCC Requirements For Onshore Non-production:  § 112.8 and § 112.12 SPCC Requirements For Onshore Non-production 112.8 (c) and 112.12(c) Bulk Storage Containers (8) Engineer or update each container installation in accordance with good engineering practice to avoid discharges. Provide one of following: (i) High liquid level alarms (ii) High liquid level pump cutoff devices (iii) Direct audible or code signal communication between the gauger and the pumping station. § 112.8 and § 112.12 SPCC Requirements For Onshore Non-production:  § 112.8 and § 112.12 SPCC Requirements For Onshore Non-production 112.8(d) and 112.12(d) Transfer, Pumping, and Process Operations (1) Provide buried piping that is installed or replaced on or after August 16, 2002, with a protective wrapping and coating. Must also cathodically protect or satisfy the corrosion protection standards for piping in Part 280 or 281. If a section of buried line is exposed for any reason, it must be carefully inspected for deterioration. Take corrective action as indicated by the magnitude of the damage. § 112.8 and § 112.12 SPCC Requirements For Onshore Non-production:  § 112.8 and § 112.12 SPCC Requirements For Onshore Non-production 112.8(d) and 112.12(d) Transfer, Pumping, and Process Operations (2) Cap or blank-flange the terminal connection at the transfer point and mark it as to origin when piping is not in service or is in standby service for an extended time. (3) Design pipe supports to minimize abrasion and corrosion and allow for expansion and contraction. § 112.8 and § 112.12 SPCC Requirements For Onshore Non-production:  § 112.8 and § 112.12 SPCC Requirements For Onshore Non-production 112.8(d) and 112.12(d) Transfer, Pumping, and Process Operations (5) Warn all vehicles entering the facility to be sure that no vehicle will endanger aboveground piping or other oil transfer operations. Slide79:  Common Questions Vehicles as Storage Containers:  Vehicles as Storage Containers Indicators of a vehicle intended to be used as a storage container include: unlicensed for on-road use no longer mobile (i.e., hard-piped or permanently parked fueled on-site and never moves off-site parked on a home-base facility and is filled up off-site but then returns to the home base to fuel other equipment located exclusively within the home-base facility, and only leaves the site to obtain more fuel. Inspection and Integrity Testing:  Inspection and Integrity Testing 112.8 (c) Bulk Storage Containers (i.e. tanks) (6) Test for integrity on a regular schedule, and whenever material repairs are made. Visual inspection AND Another testing technique Comparison records of such testing must be kept. Refuelers can be visually inspected because they are less than 30,000 gallons and all sides can be seen. Integrity Testing:  Integrity Testing Establishment of Schedule for Integrity Testing Age Service history Original construction specifications Prior inspection results Present condition of container Degree of risk to navigable waters Aboveground Bulk Storage Container for Which the Baseline Condition is Known:  Aboveground Bulk Storage Container for Which the Baseline Condition is Known Shell thickness and corrosion rates are known Inspection and testing program can be established on a regular basis Schedule should occur at a scope and frequency based on industry standards or on the corrosion rate and expected remaining life of the container Inspection interval must be documented in the Plan Aboveground Bulk Storage Container for Which the Baseline Condition is not Known:  Aboveground Bulk Storage Container for Which the Baseline Condition is not Known Construction history and wall and/or bottom plate thickness baselines are not known PE must describe in the SPCC Plan an interim schedule that allows the facility to gather the baseline data to establish a regular schedule Visual inspection and another testing technique within the first five-year review cycle of the SPCC Plan Testing program may include two data collection periods to establish a baseline of shell thickness and corrosion rate in order to develop the next inspection interval General SPCC Requirements § 112.7 :  General SPCC Requirements § 112.7 (a)(3) Description of the physical layout of the facility and include a diagram: location and contents of each container; the location of any completely buried storage tanks that are otherwise exempted from the SPCC regulation; and all transfer (loading and unloading) stations and connecting piping. Level of Detail: :  Level of Detail: The diagram should provide sufficient detail for: Facility personnel to undertake prevention activities EPA to perform an effective inspection Responders to take effective measures FACILITY DIAGRAM Level of Detail for Facility Diagram: :  Level of Detail for Facility Diagram: The diagram should provide sufficient detail for: Facility personnel to undertake prevention activities EPA to perform an effective inspection Responders to take effective measures Piping:  Piping Facility diagram must include all transfer stations and connecting pipes Complex systems may be represented in a less detailed manner As long as more detailed drawing of pipes (blueprints, engineering diagrams) are maintained at the facility Also may be acceptable: Schematic representations that provide a general overview of the piping service Overlay diagrams showing different portions of the piping system Complex Equipment:  Complex Equipment Complex manufacturing equipment or processes may be represented by: Box that identifies the equipment and its location. Simplified process flow diagram. Section 112.5 Amendment of SPCC Plan by Owner/Operator:  Section 112.5 Amendment of SPCC Plan by Owner/Operator Document review and evaluation Must sign a statement as to whether you will amend the Plan at beginning or end of Plan; in a log; or an appendix to the Plan. “I have completed review and evaluation of the SPCC Plan for (facility name) on (date), and will (will not) amend the Plan as a result.” Professional Engineer must certify any technical amendment EPA Actions:  EPA Actions Issued SPCC Guidance for Regional Inspectors, posted December 2, 2005, on www.epa.gov/oilspill SPCC Guidance for Regional Inspectors:  SPCC Guidance for Regional Inspectors Applicability - clarifies the facilities, activities, and equipment that are regulated under the SPCC rule by providing an in-depth discussion of the applicability criteria and relevant scenarios. Environmental Equivalence - discusses the use of the environmental equivalence provision, lists the substantive requirements eligible for environmental equivalence, clarifies certain policy areas, provides examples of proper documentation, and describes the role of the EPA inspector in reviewing deviations based on environmental equivalence. SPCC Guidance for Regional Inspectors:  SPCC Guidance for Regional Inspectors Secondary Containment and Impracticability Determinations - describes the various secondary containment requirements and demonstrates how these requirements apply to specific equipment and activities at an SPCC-regulated facility. This chapter also discusses the impracticability determination provision of the rule, the additional requirements that accompany an impracticability determination, and the documentation needed to support such a determination. The role of the EPA inspector in reviewing and evaluating secondary containment requirements and impracticability determinations is also discussed. SPCC Guidance for Regional Inspectors:  SPCC Guidance for Regional Inspectors Oil/Water Separators - addresses the applicability of the SPCC rule to various scenarios involving oil/water separators and other equipment. Facility Diagrams - provides guidelines on the necessary level of detail for facility diagrams included in an SPCC Plan. Also includes example facility diagrams for different types of facilities. SPCC Guidance for Regional Inspectors:  SPCC Guidance for Regional Inspectors Inspections, Evaluation, and Testing - provides an overview of the SPCC inspection, evaluation, and testing requirements, as well as how environmental equivalence may apply for these requirements. The role of the EPA inspector in determining a facility's compliance with the inspection, evaluation, and testing rule requirements and a summary of industry standards, code requirements, and recommended practices that apply to different types of equipment are also discussed. SPCC Guidance for Regional Inspectors:  SPCC Guidance for Regional Inspectors Sample SPCC Plans Sample Contingency Plan SPCC Inspection Checklists Policy Letters and Documents Summary of Estimated Cost Savings for 2006 Final Rule Amendments (per year):  Summary of Estimated Cost Savings for 2006 Final Rule Amendments (per year) Total savings: $127 million (Range $95 - $163 million) Qualified Facilities: $38 million Qualified Oil Filled Operational Equipment: ($39-$67 million) Motive Power: ($1-$5 million) Mobile Refuelers: ($17-$51 million) What is effective??? What do I do now??:  What is effective??? What do I do now?? New rule was effective as of August 16, 2002. Comply with new rule. Maintain old SPCC Plan until revised according to new rule. Revise SPCC Plan by new date - 7/1/2009 Inspection Targeting:  Inspection Targeting Routine planned inspection program; “For cause” in response to an actual or suspected spill or violation; Multi-media and technical assistance; Case development support and/or follow-up SPCC Inspection Follow-Up:  SPCC Inspection Follow-Up Inspection Checklist or Report; Notice of Violation; Expedited Penalty Offer; Traditional Penalty Complaint; Confirmation of Compliance. Common SPCC Violations:  Common SPCC Violations No or inadequate secondary containment; No containment or catch basin for loading/unloading area; Containers not fail safe engineered; Leaking or overflowing containers, pumps, separators, valves, sumps, pits or ponds; Oil, water, debris or vegetation in secondary containment; Master flow/drain valves not locked; No or inadequate lighting and/or fencing; Inadequate pipe supports. Containers not properly taken out of service. Slide102:  EPA Web Sites www.epa.gov/region8/ www.epa.gov/oilspill Region 8 Contacts:  Region 8 Contacts Jane Nakad 303-312-6202 nakad.jane@epa.gov Donna Inman 303-312-6201 inman.donnak@epa.gov Melissa Payan 303-312-6511 payan.melissa@epa.gov Slide104:  QUESTIONS ???? Thank you U.S. Environmental Protection Agency

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