Published on November 7, 2007
SPCC Update American Bakers Association: SPCC Update American Bakers Association Jeff VanVoorhis Symbiont Milwaukee, Wisconsin Topics: Topics Oil Spill Definition Reporting Requirements July 2002 revisions to SPCC regulations EPA clarification of AST integrity testing requirements Steel Tank Institute (STI) AST Inspection Standard (July 2005) What’s New Oil Spill Definition: Oil Spill Definition Does not depend on the specific amount of oil discharged. Relies on the presence of a “visible sheen” A “visible sheen” refers to an iridescent appearance on the surface of water. Some exemptions from oil spill reporting requirements Oil Definition: Oil Definition Under the SPCC regulations, oil is defined as "oil of any kind or in any form including, but not limited to, petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes other than dredged spoil and oily mixtures.“ This also includes non-petroleum oils, animal and vegetable oils. Reporting Triggers: Reporting Triggers SPCC Rule requires written reporting if: Two discharges over 42 gallons within any 12 month period OR One discharge > 1000 gallons Reporting Requirement: Reporting Requirement Written report includes: Name, location, storage capacity, etc. Cause of the discharge, including failure analysis Corrective action and counter-measures Additional preventative measures Other information as requested by EPA Must also report to State agency in charge of “Oil Pollution” activities, not water pollution SPCC Regulations: SPCC Regulations Originally promulgated in December 1973 under authority of Clean Water Act Substantial revisions to regulations were passed with effective date of 8/16/2002 Written SPCC plans for existing facilities must be updated to address revisions and implemented by October 31, 2007 Key Revisions: Key Revisions Facilities which could not reasonably be expected to discharge oil into or upon navigable waters are excluded from the requirements to prepare a SPCC plan Exclusion of USTs subject to technical requirements of 40 CFR Part 280 or a state approved program Elimination of requirement to prepare a SPCC plan if a single oil storage container had a capacity greater than 660 gallons Key Revisions Continued: Key Revisions Continued Inclusion of animal/vegetable oils and synthetic oils to scope of regulation Establishment of 55 gallon deminimus quantity for threshold determination Total above ground storage > 1320 gallons Requires PE to consider applicable industry standards (API, STI, etc.) Key Revisions Continued: Key Revisions Continued Exclusion of facilities used exclusively for wastewater treatment Allows EPA Regional Administrator to require SPCC plan even if threshold is not exceeded Allows an agent of Professional Engineer (PE) to conduct site evaluation Key Revisions Continued: Key Revisions Continued Changed requirements for written notification of reportable releases Changed review period for SPCC plans from 3 years to 5 years Allows use of usual and customary business records to serve as a record of tests or inspections Amendments must be certified by Registered Professional Engineer (PE), as technical amendments to an SPCC Plan Key Revisions Continued: Key Revisions Continued Allows use of alternate formats for SPCC plans (“one plans”) as long as cross-reference to SPCC regulations is included Requires integrity testing (shell thickness) on ASTs in addition to periodic visual inspections Changes training requirements to oil-handling employees only on an annual basis Establishes substantive requirements for storm water drainage from diked areas and recordkeeping requirements Recent Clarifications: Recent Clarifications API and Petroleum Marketers Association filed lawsuit challenging numerous sections of regulations Major issue was AST integrity testing for shop fabricated tanks and loading racks EPA and API have reached settlement agreement EPA will be issuing guidance on appropriate inspection of shop-built tanks AST Inspection Guidance: AST Inspection Guidance Inspection frequency Inspection scope (internal and/or external) Training and qualifications of persons conducting the inspections Guidance will reference appropriate industry standards such as: STI SP001-03 for Shop Fabricated AST’s API 653 & 575 for Field Fabricated AST’s AST Integrity Testing: AST Integrity Testing Visual inspections only are adequate for: shop-built tanks with capacities of less than 30,000 gallons when the tank is elevated in a manner that decreases corrosion potential, and makes all sides of the tank, including the bottom, visible during inspections Inspection procedures should be based on appropriate STI and API standards SP001 - STI Standard for AST Inspections: SP001 - STI Standard for AST Inspections Issued July 2005 (3rd Edition) Revised to reflect SPCC revisions Applies to shop-fabricated tanks, field-erected tanks, portable containers and tank containment systems Applies to flammable and combustible liquids at atmospheric pressure with s.g. <1 Applies to operating temperatures between ambient and 200 degrees F SP001 - STI Standard for AST Inspections: SP001 - STI Standard for AST Inspections Contains safety considerations for cleaning, entry, inspection and testing of ASTs Establishes qualifications for personnel performing inspections Owners’ inspector must be knowledgeable of storage facility operations, the AST and its associated components, and the characteristics of the liquid stored Certified inspectors must be certified by STI, API and be knowledgeable of non-destructive testing methods SP001 - STI Standard for AST Inspections: SP001 - STI Standard for AST Inspections Contains guidance for establishing appropriate inspection schedules based on tank configuration, size, and absence or presence of containment and continuous release detection Establishes guidelines for periodic inspections by owners (monthly and annually) Establishes guidelines for formal external and internal inspections by certified inspectors Provides forms for recording inspection results What Does Future Hold?: What Does Future Hold? EPA has proposed additional revisions in December 2005 to provide reduced requirements for facilities that handle small volumes of oil Proposed Revisions: Proposed Revisions Would allow the owner/operator of a facility that has a maximum total facility oil-storage capacity of 10,000 gallons or less and had no reportable oil discharge during the ten years prior to self-certification or since becoming subject to the SPCC requirements to self-certify plan in lieu of certification by a P.E. Allows some deviations from plan requirements Proposed Revisions: Proposed Revisions Definition for “oil-filled operational equipment” Owners or operators of “oil-filled operational equipment” have the alternative of preparing an oil-spill contingency plan and written commitment of manpower, equipment and materials without having to determine that secondary containment is impractical on an individual equipment basis. Exempt certain motive power equipment from the SPCC rule.