Proposed Amendments to the Spill Prevention, Control, and Countermeasure (SPCC) Rule and SPCC Guidance Document Overview U.S. Environmental Protection Agency Office of Emergency Management Regulation and Policy Development Division Washington, DC USEPA Region 4 Oil Program Emergency Response Branch Atlanta, GA
Agenda
SPCC Regulation
Why is EPA taking action now?
Compliance Date Extension
Proposed Modifications
Guidance Overview
Proposed Amendments to the SPCC Rule and Guidance Document Overview
SPCC Regulation
Spill, Prevention, Control, and Countermeasure (SPCC) regulation (40 CFR 112) requires the preparation and implementation of site-specific plans to prevent oil discharges that could affect navigable waters
Authority: CWA § 311(j)(1)(C) and 501, and codified under 40 CFR Part 112
Proposed Amendments to the SPCC Rule and Guidance Document Overview
Purpose SPCC - (40 CFR Part 112)
To prevent oil discharges from reaching the navigable waters of the U.S. or adjoining shorelines;
To ensure effective response to the discharge of oil; and
To ensure that proactive measures are used in response to an oil discharge.
Proposed Amendments to the SPCC Rule and Guidance Document Overview
SPCC Regulated Entities Facility is subject to the regulation:
If it is a non-transportation-related facility that distributes, drills, gathers, produces, processes, refines, stores, transfers, uses, or consumes oil and oil products; and
due to its location could reasonably be expected to discharge oil into navigable waters of the U.S. or adjoining shorelines; AND
Proposed Amendments to the SPCC Rule and Guidance Document Overview
SPCC Regulated Entities
Meet at least one of the following capacity thresholds:
–
Aggregate total of more than 1,320 gallons of oil in aboveground containers (only counting containers of 55-gallons or greater); or
–
More than 42,000 gallons of oil in underground tanks.
Proposed Amendments to the SPCC Rule and Guidance Document Overview
History of SPCC 1972 1974 1988
Federal Water Pollution Control Act Amendments Original SPCC Rule 40 CFR part 112 Ashland Oil Spill – Spill Prevention Control and Countermeasures (SPCC) Task Force 1989 Exxon Valdez in Alaska 1990 Oil Pollution Act 1991 Proposed SPCC Rule - complete revision of existing rule 1993 Proposed SPCC Rule - amendments 1994 Final Facility Response Plan (FRP) Rule 1997 Additional proposed SPCC amendments 2001 Draft Final SPCC Rule – remanded to OMB 2002 Final SPCC rule published 7/17/02, effective 8/16/02 2003 SPCC compliance date extension 2004 SPCC litigation settlement and Compliance Date Extension 2005 Proposed SPCC Rule amendments and SPCC Inspector Guidance Document Proposed Amendments to the SPCC Rule and Guidance Document Overview
Why is EPA Amending the SPCC Rule?
Address top priority concerns and clarify certain elements: –
Small business
–
Electrical utilities
–
Agriculture and animal fats/vegetable oil industry
–
Aviation
More time needed: –
February deadline rapidly approaching
–
Recovery from hurricane impacts
–
Digest the guidance
Proposed Amendments to the SPCC Rule and Guidance Document Overview
Recent Actions
Extension of compliance dates for all facilities
Proposed modification of several requirements
Issue SPCC Guidance for Regional Inspectors
Proposals published in the Federal Register December 12, 2005
Guidance posted December 2, 2005 –
www.epa.gov/oilspill
Proposed Amendments to the SPCC Rule and Guidance Document Overview
Proposed Compliance Date Extension
October 31, 2007 for both Plan amendment and implementation –
Request for one compliance date
30 day comment period –
Fast turn-around of final action
Proposed Amendments to the SPCC Rule and Guidance Document Overview
Current Compliance Dates A facility starting operation...
Must...
On or before 8/16/02
Maintain existing SPCC Plan Amend Plan no later than 2/17/06 Implement Plan no later than 8/18/06
After 8/16/02 through 8/18/06
Prepare and implement a Plan no later than 8/18/06
After 8/18/06
Prepare and implement a Plan before beginning operations
Proposed Compliance Dates A facility starting operation...
Must...
On or before 8/16/02
Maintain existing SPCC Plan Amend and Implement Plan no later than 10/31/07
After 8/16/02 through 10/31/07
Prepare and implement a Plan no later than 10/31/07
After 10/31/07
Prepare and implement a Plan before beginning operations
Proposed Amendments Overview
Offer streamlined optional requirements for: –
Qualified Facilities
–
Qualified Oil-Filled Operational Equipment
–
Airport Mobile Refuelers
Exempt motive power containers
Remove certain provisions for animal fats and vegetable oils
Provide a separate, indefinite compliance date extension for farms
Proposed Amendments to the SPCC Rule and Guidance Document Overview
Qualified Facilities
An optional choice for small facilities:
If…
And…
And..
Then…
A facility has been subject to SPCC for ten years or more;
has an aggregate aboveground oil storage capacity of 10,000 gallons or less;
had no discharges during the ten years prior to selfcertification;
A facility has been subject to SPCC for less than ten years;
has an aggregate aboveground oil storage capacity of 10,000 gallons or less;
had no discharges since becoming subject to the SPCC requirements;
the owner/operator can self-certify his SPCC Plan, without review and certification by a licensed Professional Engineer (PE).
(OR) A facility is new;
Proposed Amendments to the SPCC Rule and Guidance Document Overview
Qualified Facilities (cont’d)
Additional Flexibility: –
Physical security
–
Integrity testing
Restrictions: –
Environmental equivalence
–
Impracticability
Proposed Amendments to the SPCC Rule and Guidance Document Overview
Qualified Oil-Filled Operational Equipment
An optional choice for equipment at all facilities:
If…
And…
Then…
the facility has oil-filled operational equipment;
the facility has not had a discharge from any oilfilled operational equipment in the ten years prior to the SPCC Plan certification date or since becoming subject to the SPCC requirements if the facility has been in operation for less than ten years;
instead of secondary containment, the facility may prepare an: - inspection and monitoring program to detect equipment failure and/or an oil discharge; and - oil spill contingency plan and a written commitment of manpower, equipment and materials. No impracticability determination needed.
Note: 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). Proposed Amendments to the SPCC Rule and Guidance Document Overview
Airport Mobile Refuelers
Vehicles with onboard bulk storage containers –
Subject to bulk storage requirements: –
Specifically sized secondary containment needed
Fuel spills at airports: –
Store and transport fuel for transfer into or from aircraft or ground service equipment
Especially during transfers; occasionally while “idle”
Industry issues: –
Unique circumstances at airports
–
Flight and fire safety issues
Proposed Amendments to the SPCC Rule and Guidance Document Overview
Airport Mobile Refuelers (cont’d)
Exempt only from the specifically sized secondary containment requirements: –
Refueler and transfers remain subject to other provisions and general secondary containment requirements:
Passive and active measures: – Constructed measures vs. land-based response – Consistent with typical measures already in use
Proposed Amendments to the SPCC Rule and Guidance Document Overview
Motive Power
Onboard bulk storage containers holding fuel solely to power the movement of a motor vehicle; and/or –
Ancillary onboard oil-filled operational equipment (i.e., hydraulic and lubrication systems) used solely for vehicle operation
–
For example: large RVs, aircraft, buses, construction equipment
Exempt motive power containers, except: –
Transfers to or from these containers at an otherwise regulated facility;
–
Bulk storage container(s) mounted on a vehicle for any purpose other than powering the vehicle itself, for example, a tanker truck or mobile refueler; or
–
Oil drilling or workover equipment, including rigs.
Proposed Amendments to the SPCC Rule and Guidance Document Overview
Animal Fats and Vegetable Oils (AFVO)
Inserted in 2002 Rule to satisfy EORRA procedures –
Notice and comment issue
Remove sections that do not apply to AFVO: –
Onshore oil production (§112.13),
–
Onshore oil drilling and workover facilities (§112.14), and
–
Offshore oil drilling, production, or workover facilities (§112.15)
Request input on modification of requirements –
Petroleum vs. AFVO
Proposed Amendments to the SPCC Rule and Guidance Document Overview
Farms
A facility on a tract of land devoted to the production of crops or raising of animals, including fish, which produced and sold, or normally would have produced and sold, $1,000 or more of agricultural products during a year. (source: National Agricultural Statistics Service and Underground Storage Tank rules)
Proposal: –
Extend compliance date for farms that have a total oil storage capacity of 10,000 gallons or less
–
Collect information to determine appropriate application of SPCC requirements for farms.
Proposed Amendments to the SPCC Rule and Guidance Document Overview
Amendment Dockets
Submit comments through the Federal Rulemaking Portal, www.regulations.gov
Dockets: –
Proposed Rule Modifications:
Docket ID No. EPA-HQ-OPA-2005-0001 60 day comment period – Proposed Compliance Date Extension
Docket ID No. EPA-HQ-OPA-2005-0003 30 day comment period
Proposed Amendments to the SPCC Rule and Guidance Document Overview
Overview: The Spill Prevention, Control, and Countermeasure (SPCC) Guidance for Regional Inspectors
22
SPCC Guidance Document
Is intended to assist regional inspectors in reviewing a facility’s implementation of the SPCC rule
Establishes a consistent understanding among regional EPA inspectors on how particular provisions of the rule may be applied
Available as a guide to owners and operators of facilities and the general public
The full document is available at www.epa.gov/oilspill
EPA is accepting comment for 60 days via the website –
To address guidance sections related to the proposal
The document is evergreen and comments will always accepted via the website Proposed Amendmentsbe to the SPCC Rule and Guidance Document Overview
Disclaimer
The statutory provisions and EPA regulations described in this guidance document contain legally binding requirements. The guidance document does not substitute for statutory provisions or regulations, nor is it a regulation itself.
While the guidance document indicates EPA's strongly preferred approach to assure effective implementation of legal requirements, EPA decisionmakers retain the discretion to adopt approaches on a case-by-case basis that differ from this guidance where appropriate.
EPA welcomes public comments on the document at any time and will consider those comments in any future revision of the guidance document.
Proposed Amendments to the SPCC Rule and Guidance Document Overview
Guidance Document Contents
Chapter 1: Introduction
Chapter 2: Applicability of the SPCC Rule
Chapter 3: Environment Equivalence
Chapter 4: Secondary Containment and Impracticability Determinations
Chapter 5: Oil/Water Separators
Chapter 6: Facility Diagrams
Chapter 7: Inspection, Evaluation, and Testing
Appendices
Proposed Amendments to the SPCC Rule and Guidance Document Overview
Appendices A. Text of CWA 311(j)(1)(c) B. Text of 40 CFR Part 112 C. Summary of Revised Rule Provisions D. Sample Bulk Storage Facility SPCC Plan E. Sample Production Facility SPCC Plan F. Sample Contingency Plan G. SPCC Inspection Checklists H. Other Policy Documents
Proposed Amendments to the SPCC Rule and Guidance Document Overview
Using the Guidance Document
Clarifies the role of the inspector in reviewing implementation of performance-based provisions
Is a “living document” and may be updated or revised
Does not address all aspects of the SPCC rule
Proposed Amendments to the SPCC Rule and Guidance Document Overview
Role of the EPA Inspector
Each chapter describes: –
Appropriate documentation that the owner/operator should include in SPCC Plan
–
What EPA inspectors should look for both in the Plan and in the field to determine compliance with the SPCC rule
If the inspector questions the appropriateness of alternative measures, he/she should fully document all observations and other pertinent information for further review by the regional staff. Follow-up action by the EPA inspector may include requesting additional information from the facility owner or operator.
Proposed Amendments to the SPCC Rule and Guidance Document Overview
Contacts U.S. EPA Headquarters Office of Emergency Management 202-564-8600 Oil Program Webpage www.epa.gov/oilspill Superfund, TRI, EPCRA, RMP and Oil Information Center 1-800-424-9346 USEPA Region 4 Oil Program Ted Walden 404-562-8752 Proposed Amendments to the SPCC Rule and Guidance Document Overview