Bieker, Thomas, Environmental Works, Oil Pollution Act Lessons Learned from EPA Inspections, at 2014...

Oil Pollution ActOil Pollution ActLessons Learned from EPA Lessons Learned from EPA

InspectionsInspections4 November 20144 November 2014

Thomas Bieker, M.Sc., CHMM

• Environmental Works, Inc.Project Manager

tbieker@environmentalworks.com417.890.9500

Environmental Reform

1962

1969

1970

Nixon on the Environment• National Environmental Policy Act of 1969

• Signed into law by Nixon on January 1st, 1970

In 1970, President Richard Nixon proposed an executive reorganization that would consolidate many of the federal government's environmental responsibilities under one agency, a new “Environmental Protection Agency”.

Wage & Price Control. Environmental Reform. Ended the Vietnam War.Republican.

Exxon Valdez

• 24 March 1989• Prince William Sound, Alaska• Up to 11 million gallons lost• Largest spill in US history (until

Deepwater Horizon in 2010)• Covered 1,300 miles of coast in

oil

Fallout

Born of Imperfections

• The FWPCA was enacted in 1972 as part of a reorganization of the Water Quality Improvement Act. The CWA, enacted in response to the grounding of the Argo Merchant off Nantucket, Massachusetts, in 1976. Together with the FWPCA, they formed the oil pollution containment, response, and liability framework that applied during the Exxon Valdez casualty.

• The Oil Pollution of Act 1990 was born due to the imperfections of the two previous acts, which were the Clean Water Act of 1977 (CWA) and the Federal Water Pollution Control Act (FWPCA).

The Legislation• The Oil Pollution Act (101 H.R.1465, P.L. 101-380) was passed

by the 101st United States Congress, and signed by President George H. W. Bush, to mitigate and prevent civil liability from the future oil spills off the coast of the United States.

• The law stated that companies must have a "plan to prevent spills that may occur" and have a "detailed containment and cleanup plan" for oil spills.

• Passed unanimously

The Unicorn

FRP Determination

40 CFR 112.20(f)The facility has a total oil storage capacity of at least 1 million gallons AND at least one of the following is true:

The facility is located at a distance such that a discharge could cause injury to fish and wildlife and sensitive environments.

Management Approval• 40 CFR 112.7

Management approval at a level of authority to commit the necessary resources to fully implement the plan.

Diagrams• 40 CFR 112.7(a)(3)

• Plan describes physical layout of facility and includes a diagram that identifies:

• Location and contents of all tanks• Storage areas of mobile and portable containers• Buried tanks exempted from SPCC regulations• Transfer stations• Connecting pipes, including intra-facility gathering lines that are

otherwise exempt from the requirements of this part.

Inspections• 40 CFR 112.7(e)

• Inspections and tests in accordance with written procedures.• Record of inspections or tests signed by supervisor or inspector.• Kept with plan for 3 years.

Conformance With State Laws• 40 CFR 112.7(j)• Discussion of conformance with applicable more stringent

State rules, regulations, and guidelines and other effective discharge prevention and containment procedures listed in 40 CFR part 112.

Sensing Devices• 40 CFR 112.12(c)(6)(ii)

• Each container is equipped with at least one of the following for liquid level sensing:

• High level alarms (audible or visual signal)• Pump cutoff devices• Direct audible or code signal between gauge and pump• Fast response systems for determining liquid level (people, digital

computers, direct vision gauges) • Regularly test sensing devices for proper operation

Maintenance• Maintain maintenance records:

• 40 CFR 112.5(a)• Periodically review and evaluate this SPCC Plan for… maintenance

that materially affects the facility’s potential for an oil discharge.

Procedure Notification

Ensure that proper notification in accordance with 40 CFR 120.7(h)(2)&(3)

implementation

Thomas Bieker, CHMMProject Manager

Office: (417) 890-9500Cell: (417) 569-6252Email: tbieker@environmentalworks.com

www.EnvironmentalWorks.com