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Facilities Under 40 CFR Part Facilities Under 40 CFR Part 112 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

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Page 1: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

Facilities Under 40 CFR Part Facilities Under 40 CFR Part 112112

• Virtually NO Exclusions and NO Virtually NO Exclusions and NO GrandfatheringGrandfathering

Page 2: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

What’s in a name?What’s in a name?

• SSpillpill• PPreventionrevention

• CControlontrol == SPCCSPCC• CCountermeasureountermeasure

Page 3: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

Who Must Comply?Who Must Comply?

• All bulk facilities that:All bulk facilities that:– Store petroleum productsStore petroleum products– Have 1320 or more aggregate gallons of above Have 1320 or more aggregate gallons of above

ground storage – counting all containers 55 ground storage – counting all containers 55 gallons or greater.gallons or greater.

• Any cargo tank truck parked overnight in a lot Any cargo tank truck parked overnight in a lot containing more than a “residue” of oil.containing more than a “residue” of oil.

• Biodiesel and ethanol tanksBiodiesel and ethanol tanks

• FarmersFarmers

• Skid tanks – if aggregate capacity is over 1320Skid tanks – if aggregate capacity is over 1320

Page 4: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

Who is Exempt?Who is Exempt?

• An underground storage tank facility that:An underground storage tank facility that:– Has no aggregate above ground storage of Has no aggregate above ground storage of

1320 gallons or more, and1320 gallons or more, and– Complies with all state and federal UST Complies with all state and federal UST

regulations.regulations.

• A lube oil warehouse using containers less A lube oil warehouse using containers less than 55 gallon capacity.than 55 gallon capacity.

• Card Lock with no AST capacity of 1320 or Card Lock with no AST capacity of 1320 or more.more.

Page 5: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC – Brief HistorySPCC – Brief History

• 1973 – EPA issues first SPCC rule1973 – EPA issues first SPCC rule• 2002 – EPA issues revised SPCC rule 2002 – EPA issues revised SPCC rule • 2003 – EPA Sued by PMAA 2003 – EPA Sued by PMAA • 2003 – EPA extends SPCC compliance date2003 – EPA extends SPCC compliance date• 2004 – EPA amends new SPCC rule (PMAA settlement)2004 – EPA amends new SPCC rule (PMAA settlement)• 2004 – Compliance dates extended again2004 – Compliance dates extended again• 2006 – EPA amends 2002 SPCC rule2006 – EPA amends 2002 SPCC rule• 2006 – Compliance dates extended again2006 – Compliance dates extended again• 2007 – EPA amends 2002 SPCC rule2007 – EPA amends 2002 SPCC rule• 2009 – Final SPCC revisions issued2009 – Final SPCC revisions issued• 2010 - Compliance deadline for the last time!2010 - Compliance deadline for the last time!

Page 6: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

Why All the Changes?Why All the Changes?

• It’s a big universe of tanks and It’s a big universe of tanks and components – one does not fit all.components – one does not fit all.

• EPA goofed – failed not conduct small EPA goofed – failed not conduct small business cost-benefit analysis on business cost-benefit analysis on many provisions in the SPCC rule.many provisions in the SPCC rule.

• Changing regulatory philosophy.Changing regulatory philosophy.– Clinton to Bush era Clinton to Bush era

Page 7: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

Why the Amendments are a Good Why the Amendments are a Good Thing.Thing.

• Compliance FlexibilityCompliance Flexibility– Alternative procedures for compliance that are “environmentally equivalent” (PE).Alternative procedures for compliance that are “environmentally equivalent” (PE).– Significant discretion to select compliance methods (owner/operators).Significant discretion to select compliance methods (owner/operators).

•General secondary containment methods.General secondary containment methods.

•Tank inspection.Tank inspection.

•Facility security measures.Facility security measures.

• Compliance Cost Savings.Compliance Cost Savings.

• Regulatory relief for small businessRegulatory relief for small business

• Compliance cost savingsCompliance cost savings

• Provide extra time for complianceProvide extra time for compliance

Page 8: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

Why are the Amendments a Why are the Amendments a Good Thing?Good Thing?• FlexibilityFlexibility

– Clarification of the term “Loading Rack” for Clarification of the term “Loading Rack” for purposes of complying with SPCC.purposes of complying with SPCC.

– Simplified SPCC plans for bulk plants with 10,000 Simplified SPCC plans for bulk plants with 10,000 gals or less aboveground storage.gals or less aboveground storage.

– Streamlined tank integrity testing for shop erected Streamlined tank integrity testing for shop erected tanks under 30,000 gallons.tanks under 30,000 gallons.

– Flexible security requirements for bulk plants. Flexible security requirements for bulk plants. – Regulatory relief from secondary containment. Regulatory relief from secondary containment.

requirements for parked trucks.requirements for parked trucks.– Do-it-yourself tank inspection.Do-it-yourself tank inspection.

Page 9: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

Preparing an SPCC plan – Who does it?Preparing an SPCC plan – Who does it?

• The owner/operator of the facility is ultimatelyThe owner/operator of the facility is ultimately responsible for preparing an SPCC plan.responsible for preparing an SPCC plan.

•You can draw up your own SPCC planYou can draw up your own SPCC plan

• But ………But ………•A professional engineer (PE) must review, certify and A professional engineer (PE) must review, certify and

sign it. sign it. •Most PE’s do the whole thing.Most PE’s do the whole thing.

• ExceptionException– Tier I TanksTier I Tanks– Tier II TanksTier II Tanks

Page 10: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC Plan – What’s in it?SPCC Plan – What’s in it?

General Requirements:General Requirements:

• General facility description (words and General facility description (words and diagram)diagram)

• Description of all spills within the past 12 Description of all spills within the past 12 months.months.

• Spill predictions – direction, rate of flow, Spill predictions – direction, rate of flow, quantity.quantity.

• Containment and diversionary structuresContainment and diversionary structures

• Alternative oil spill contingency plan.Alternative oil spill contingency plan.

Page 11: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC PLANS – The SPCC PLANS – The SpecificsSpecifics

• Goal is to Stop Oil SpillsGoal is to Stop Oil Spills

- - Provide sized secondary Provide sized secondary containmentcontainment

– Planning for Planning for catastrophic leaks catastrophic leaks – containing – containing the capacity of the single largest bulk plant the capacity of the single largest bulk plant or cargo tank compartmentor cargo tank compartment..

– Bulk tanks and loading racksBulk tanks and loading racks Dike or Remote Impoundment capable of Dike or Remote Impoundment capable of

containing the capacity of the single containing the capacity of the single largest tank plus freeboard.largest tank plus freeboard.

Earth or concrete.Earth or concrete.

Page 12: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC PLANS – The SpecificsSPCC PLANS – The Specifics

– Provide General Secondary ContainmentProvide General Secondary Containment– Planning for the Planning for the “most likely” “most likely” leak small leak leak small leak

around a valve, hose coupling or fitting.around a valve, hose coupling or fitting.– Transfer piping, couplings, hose connectionsTransfer piping, couplings, hose connections– Parked trucks containing product.Parked trucks containing product.– Anywhere oil is transferred and there is no sized Anywhere oil is transferred and there is no sized

secondary containmentsecondary containment

Page 13: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC PLANS – The SpecificsSPCC PLANS – The Specifics

• General secondary containment (cont.)General secondary containment (cont.)– Active measures Active measures

– – requires deployment of equipment.requires deployment of equipment.•Absorbents.Absorbents.

•Booms or other portable containment devices.Booms or other portable containment devices.

– Passive measures.Passive measures.

– – requires permanent installation of equip.requires permanent installation of equip.•Drip pansDrip pans

Page 14: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC PLANS – The SpecificsSPCC PLANS – The Specifics

• Testing and InspectionTesting and Inspection– Periodically inspect pipes and containersPeriodically inspect pipes and containers

•Visually for above ground pipes and tanks Visually for above ground pipes and tanks on saddles or rackson saddles or racks

•Leak test buried pipes when installed or Leak test buried pipes when installed or repairedrepaired

• Integrity test tanks sitting on pads.Integrity test tanks sitting on pads.

• How? Use Industry StandardsHow? Use Industry Standards

Page 15: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC PLANS – Written PlansSPCC PLANS – Written Plans

• Develop and implement a written Develop and implement a written SPCC plan that describes:SPCC plan that describes:– Oil handling operations.Oil handling operations.– Spill prevention practices.Spill prevention practices.– Discharge or drainage controls.Discharge or drainage controls.– Personnel, equipment and resources at Personnel, equipment and resources at

the facility that are used to prevent oil the facility that are used to prevent oil from reaching navigable waters.from reaching navigable waters.

Page 16: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC PLANS- Written PlansSPCC PLANS- Written Plans

• Elements of a written planElements of a written plan– Operating procedures to prevent spills.Operating procedures to prevent spills.

– Control measures (containment) to prevent Control measures (containment) to prevent oil from reaching navigable waters.oil from reaching navigable waters.

– Counter measures to clean up and mitigate Counter measures to clean up and mitigate spills that reach navigable waters.spills that reach navigable waters.

Page 17: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC PLANS – SPCC PLANS – AttachmentsAttachments

• Attach to the written SPCC plan:Attach to the written SPCC plan:

- Plot Drawing of Facility.- Plot Drawing of Facility.

- Map location of Facility.- Map location of Facility.

- Certification of Substantial Harm - Certification of Substantial Harm Criteria Criteria Form. Basically any facility Form. Basically any facility that stores that stores over 42,000 gallons and over 42,000 gallons and does overwater does overwater transfers or any transfers or any facility that stores over 1 facility that stores over 1 million million gallons near surface waters.gallons near surface waters.

Page 18: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC Plan – The Whole SPCC Plan – The Whole PackagePackage

• Elements of the SPCC planElements of the SPCC plan– Facility diagram and description.Facility diagram and description.– Oil discharge prediction.Oil discharge prediction.– Appropriate containment and diversion Appropriate containment and diversion

structures.structures.– Facility drainage.Facility drainage.– Site security.Site security.– Facility inspection.Facility inspection.

Page 19: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC Plan - The Whole SPCC Plan - The Whole PackagePackage

– Tank and piping inspection.Tank and piping inspection.– Oil transfer procedures and equipment.Oil transfer procedures and equipment.– Loading and unloading procedures.Loading and unloading procedures.– Personnel training.Personnel training.– Record keeping.Record keeping.– Five year plan review.Five year plan review.– Management approval.Management approval.– PE certification.PE certification.

Page 20: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC AmendmentsSPCC Amendments• New Compliance deadline.New Compliance deadline.

– All plans must be revised and all revisions All plans must be revised and all revisions must be implemented by must be implemented by 11/10/1111/10/11

• (2002)Exempt UST facilities.(2002)Exempt UST facilities.– Exempts any UST facility 42,000 gallons or Exempts any UST facility 42,000 gallons or

less of underground storage capacity or any less of underground storage capacity or any aggregate capacity over 42,000 gallons aggregate capacity over 42,000 gallons which conforms with state and federal UST which conforms with state and federal UST requirements.requirements.

• Alternative methods of compliance.Alternative methods of compliance.– Allows deviations in standards when Allows deviations in standards when

equivalent environmental protection is equivalent environmental protection is provided along with justification (PE provided along with justification (PE determines)determines)

Page 21: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC Rule AmendmentsSPCC Rule Amendments

• New storage capacity threshold trigger.New storage capacity threshold trigger.– Establishes an aboveground storage Establishes an aboveground storage

capacity threshold of more than 1,320 capacity threshold of more than 1,320 gallons and gallons and removesremoves the 660 gallon the 660 gallon minimum capacity triggering compliance minimum capacity triggering compliance with SPCC.with SPCC.

• New minimum container size.New minimum container size.– Exempts a container of less than 55 gallons Exempts a container of less than 55 gallons

from counting towards 1320 gallon from counting towards 1320 gallon threshold for compliance.threshold for compliance.

Page 22: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC Rule AmendmentsSPCC Rule Amendments

• (2002)New overfill requirements.(2002)New overfill requirements.– Requires Overfill Prevention systems & Requires Overfill Prevention systems &

alarms to be installed in accordance with alarms to be installed in accordance with industry standards and applicable fire industry standards and applicable fire codes. codes.

– Overfill prevention must be Overfill prevention must be inspected/tested at regular intervals. inspected/tested at regular intervals. Audible vent whistles can be used at Audible vent whistles can be used at smaller tanks; or written directions for smaller tanks; or written directions for operator to watch tank gauges during operator to watch tank gauges during filling.filling.

Page 23: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC Rule AmendmentsSPCC Rule Amendments

• New buried piping requirements.New buried piping requirements.– All buried piping that is installed or replaced All buried piping that is installed or replaced

after 8-16-02, must have protective coating after 8-16-02, must have protective coating and wrapping and cathodic protection. State and wrapping and cathodic protection. State standards may be stricter.standards may be stricter.

• New loading rack requirements.New loading rack requirements.– Loading racks must be equipped with sized Loading racks must be equipped with sized

secondary containment (“should” to “shall”)secondary containment (“should” to “shall”)

Page 24: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC Rule AmendmentsSPCC Rule Amendments

• New facility diagram requirements.New facility diagram requirements.– The Facility diagram must include the The Facility diagram must include the

location of the USTs, type of oil in each AST location of the USTs, type of oil in each AST and size, surface flow, loading/unloading and size, surface flow, loading/unloading areas, & aboveground piping;areas, & aboveground piping;

• New streamlined security requirementsNew streamlined security requirements– Tailor security to specific characteristics of Tailor security to specific characteristics of

site – no one size fits all approach.site – no one size fits all approach.– Owner operator discretion.Owner operator discretion.– Lighting and fencing no longer required if:Lighting and fencing no longer required if:

Page 25: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC Rule AmendmentsSPCC Rule Amendments

• Secure control access to the facility.Secure control access to the facility.

• Secure master flow and drain valves.Secure master flow and drain valves.

• Prevent unauthorized access to Prevent unauthorized access to starter controls for oil pumps.starter controls for oil pumps.

• Address appropriateness of lighting Address appropriateness of lighting to prevent vandalism and detect to prevent vandalism and detect discharges.discharges.

Page 26: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC Rule AmendmentsSPCC Rule Amendments

• (2002) Review SPCC plan every five (2002) Review SPCC plan every five years instead of every three years.years instead of every three years.

• Additional review only requires PE Additional review only requires PE when EPA/Technical Amendments when EPA/Technical Amendments are made. Examples:are made. Examples:

- Addition/Deletion of tank.- Addition/Deletion of tank.

- Change in service of tank.- Change in service of tank.

- Change in spill potential of - Change in spill potential of facility.facility.

Page 27: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC AmendmentsSPCC Amendments• (2002)Secondary containment (2002)Secondary containment

systemssystems– For bulk tanks, loading & unloading For bulk tanks, loading & unloading

areas and piping systems must be areas and piping systems must be “sufficiently impervious”.“sufficiently impervious”.

– PE determines what constitutes PE determines what constitutes sufficiently impervious using good sufficiently impervious using good engineering practices.engineering practices.

Page 28: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC AmendmentsSPCC Amendments• Secondary containment – sizing Secondary containment – sizing

– IIncludes freeboard allowance for rain.ncludes freeboard allowance for rain.– Sufficient freeboard allowance is a 25 Sufficient freeboard allowance is a 25

year storm.year storm.• Employee training.Employee training.• Now limited to oil-handling Now limited to oil-handling

employees.employees.• RecordsRecords

– Copy of SPCC plan must be at facility Copy of SPCC plan must be at facility operated (manned) 4 hours a day (not 8).operated (manned) 4 hours a day (not 8).

Page 29: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC AmendmentsSPCC Amendments• Streamlined IntegrityStreamlined Integrity Testing –Testing –

– Tank, piping & valves must undergo Tank, piping & valves must undergo integrity testing at regular intervals & integrity testing at regular intervals & when repaired.when repaired.

– ““The PE may use STI SP001 “Standard The PE may use STI SP001 “Standard

for the Inspection of Aboveground for the Inspection of Aboveground Storage Tanks for testing and Storage Tanks for testing and inspection standards. For a copy inspection standards. For a copy contact STI, 944 Donata Court, Lake contact STI, 944 Donata Court, Lake Zurich, IL 60047, phone-847/438-8265Zurich, IL 60047, phone-847/438-8265, , www.steeltank.com

Page 30: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC AmendmentsSPCC Amendments• (2002)Integrity testing for tanks sitting (2002)Integrity testing for tanks sitting

on the ground or cement padon the ground or cement pad– Integrity testing that combines visual Integrity testing that combines visual

inspection with placement of a barrier inspection with placement of a barrier between the container and the ground in a between the container and the ground in a way that ensures that any leaks are way that ensures that any leaks are immediately detected, is permitted in place immediately detected, is permitted in place of visual inspection plus some other form of of visual inspection plus some other form of integrity testing. EX. syntheticintegrity testing. EX. synthetic liner.liner.

Page 31: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC AmendmentsSPCC Amendments

• Integrity Testing Methods for tanks sitting on Integrity Testing Methods for tanks sitting on the ground continued.the ground continued.

– Test or inspect each aboveground Test or inspect each aboveground container for integrity on a regular container for integrity on a regular schedule and whenever you make schedule and whenever you make material repairs…. Examples of these material repairs…. Examples of these integrity tests include, but are not limited integrity tests include, but are not limited to: visual inspection, hydrostatic testing, to: visual inspection, hydrostatic testing, radiographic testing, ultrasonic testing, radiographic testing, ultrasonic testing, acoustic emissions testing, or other acoustic emissions testing, or other systems of non-destructive testing. systems of non-destructive testing.

Page 32: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC AmendmentsSPCC Amendments

• Integrity Testing forIntegrity Testing for tanks on racks or saddles tanks on racks or saddles (PMAA Lawsuit):(PMAA Lawsuit):

• Visual inspections Visual inspections alone are permitted where alone are permitted where a shop built tank with a capacity of 30,0000 a shop built tank with a capacity of 30,0000 gal or less is elevated off the ground, in a gal or less is elevated off the ground, in a manner that decreases corrosion potential manner that decreases corrosion potential and makes ALL sides and bottom of the tank and makes ALL sides and bottom of the tank visible for inspection.visible for inspection.

• Owners/operators may Owners/operators may self inspect self inspect if using a if using a methodology approved by a professional methodology approved by a professional engineerengineer

Page 33: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

Tank Integrity testing (cont)Tank Integrity testing (cont)

• Two methods of compliance –more flexibility.Two methods of compliance –more flexibility.

– You can use an EPA You can use an EPA recommended recommended methods methods such as API 653 or STI-SP001, ORsuch as API 653 or STI-SP001, OR

– You can use an You can use an alternativealternative method of method of compliance, (a method not included in the compliance, (a method not included in the rule).rule).

SPCC AmendmentsSPCC Amendments

Page 34: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

2008 SPCC Amendments2008 SPCC Amendments• Tank Integrity Testing (cont.)Tank Integrity Testing (cont.)

– If you use a If you use a recommended recommended method of compliance, method of compliance, you are not required to have the approval of a PE or you are not required to have the approval of a PE or a justification in your SPCC plan as to why this a justification in your SPCC plan as to why this method is "equally protective of the environment".method is "equally protective of the environment".

– If you use an If you use an alternative alternative method method of compliance, you of compliance, you must have approval of the PE and justification in your must have approval of the PE and justification in your SPCC plan that the method is SPCC plan that the method is "as equally protective "as equally protective of the environment"of the environment" as the recommended method of as the recommended method of compliance that you are replacing.compliance that you are replacing.

Page 35: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

2008 SPCC Amendments2008 SPCC Amendments

• New Definition of “Facility”New Definition of “Facility”– Owner/operator has discretion to which Owner/operator has discretion to which

contiguous or non contiguous building or contiguous or non contiguous building or structures make up the “facility”structures make up the “facility”

– Allows owner/operator to separate or Allows owner/operator to separate or aggregate containers to determine aggregate containers to determine facility boundaries and applicability of facility boundaries and applicability of SPCC SPCC

Page 36: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

2008 SPCC Amendments2008 SPCC Amendments

• New Definition of “Loading/unloading New Definition of “Loading/unloading Rack”Rack”– ““Loading/unloading rack” means a fixed Loading/unloading rack” means a fixed

structure (such as a platform or structure (such as a platform or gangway)necessary for loading or gangway)necessary for loading or unloading a tank truck or rail tank car unloading a tank truck or rail tank car that is located at an SPCC facilitythat is located at an SPCC facility

– Loading/unloading rack includes the Loading/unloading rack includes the loading arm and any combo of the loading arm and any combo of the following:following:

– Piping, valves, pumps, shut-off devices, overfill Piping, valves, pumps, shut-off devices, overfill sensors or personal safety devices.sensors or personal safety devices.

Page 37: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

2008 SPCC Amendments2008 SPCC Amendments

• Definition of Loading/unloading rack Definition of Loading/unloading rack cont:cont:– Equipment present at a loading/unloading Equipment present at a loading/unloading

rack where a pipe stand connects to a cargo rack where a pipe stand connects to a cargo tank vehicle or rail car is not considered a tank vehicle or rail car is not considered a loading or unloading rack for purposes of loading or unloading rack for purposes of compliance with SPCC regulationscompliance with SPCC regulations

– The new definition clarifies the limits of the The new definition clarifies the limits of the loading/unloading rack area where loading/unloading rack area where sizedsized secondary containment is requiredsecondary containment is required

Page 38: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC Amendments SPCC Amendments

• Tier I FacilitiesTier I Facilities– Streamlined SPCC Plans for Bulk Plants with Streamlined SPCC Plans for Bulk Plants with

10,000 gallons or Less Capacity and no 10,000 gallons or Less Capacity and no Single Tank greater than 5000 gallons.Single Tank greater than 5000 gallons.

– Owners/operators may draft and self certify Owners/operators may draft and self certify SPCC plans or use a generic template.SPCC plans or use a generic template.

– Tier I facilities are not required to comply the Tier I facilities are not required to comply the following SPCC provisions: loading racks, following SPCC provisions: loading racks, facility diagrams or descriptions, brittle facility diagrams or descriptions, brittle fracture. fracture.

Page 39: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC AmendmentsSPCC Amendments• Tier I Facilities (cont)Tier I Facilities (cont)

– Evaluation, facility drainage, facility Evaluation, facility drainage, facility transfer operations, and effluent treatment transfer operations, and effluent treatment facilityfacility

– Involvement of a Profession Engineer is not Involvement of a Profession Engineer is not required for Tier I facilitiesrequired for Tier I facilities

– EPA plan template for Tier I facilities can be EPA plan template for Tier I facilities can be downloaded at:downloaded at:

– http//www.epa.gov/emergencies/content/spcc/http//www.epa.gov/emergencies/content/spcc/index.htmindex.htm

Page 40: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC AmendmentsSPCC Amendments

• Tier II FacilitiesTier II Facilities– Tier II facility is a bulk plant with 10,000 gal or Tier II facility is a bulk plant with 10,000 gal or

less of storage with a single tank over 5000 gal less of storage with a single tank over 5000 gal yy

– Owner/operators are permitted to draft and self Owner/operators are permitted to draft and self certify Tier II facility planscertify Tier II facility plans

– However, any deviations from the SPCC However, any deviations from the SPCC provisions must be certified by a professional provisions must be certified by a professional engineerengineer

– EPA template for Tier I facility may not be usedEPA template for Tier I facility may not be used

Page 41: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC AmendmentsSPCC Amendments

• Security Requirements.Security Requirements.– Revisions amend existing SPCC security Revisions amend existing SPCC security

requirements.requirements.– Security requirements may now be Security requirements may now be

based on the individual characteristics based on the individual characteristics of the site.of the site.

– Facility fencing, 24-hour monitoring, Facility fencing, 24-hour monitoring, lighting etc not required if:lighting etc not required if:

Page 42: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC AMendmentsSPCC AMendments

• Security Continued:Security Continued:– Secure and control access to oil Secure and control access to oil

handling, process and storage areas.handling, process and storage areas.– Secure master flow and drain valves.Secure master flow and drain valves.– Prevent unauthorized access to starter Prevent unauthorized access to starter

control and pumps.control and pumps.

Page 43: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC AmendmentsSPCC Amendments

• Security Continued:Security Continued:– Secure out-of-service loading and Secure out-of-service loading and

unloading connections of pipelines, andunloading connections of pipelines, and– Address appropriateness of security Address appropriateness of security

lighting to prevent acts of vandalism lighting to prevent acts of vandalism and the discovery of oil discharges.and the discovery of oil discharges.

– EPA will find any bulk plant out of EPA will find any bulk plant out of compliance if owner does not use compliance if owner does not use reasonable discretion in selecting reasonable discretion in selecting security methods.security methods.

Page 44: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC AmendmentsSPCC Amendments

• Parked Cargo Tank VehiclesParked Cargo Tank Vehicles– Not technically an amendment – new Not technically an amendment – new

rule.rule.– PMAA requested relief from sized PMAA requested relief from sized

secondary containment requirements secondary containment requirements for cargo tanks containing product for cargo tanks containing product parked overnight at bulk plant facilities.parked overnight at bulk plant facilities.

– Sized Sized Secondary containment requiresSecondary containment requires

Page 45: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC AmendmentsSPCC Amendments

• Parked Cargo Tank Vehicles cont.Parked Cargo Tank Vehicles cont.– Containment of the volume from the Containment of the volume from the

single largest compartment of trucksingle largest compartment of truck– Requires dikes and bermsRequires dikes and berms– Few comply with secondary containment Few comply with secondary containment

for parked vehiclesfor parked vehicles– EPA stepped up enforcement of this EPA stepped up enforcement of this

costly requirementcostly requirement– NEFI asked for regulatory relief NEFI asked for regulatory relief

Page 46: Facilities Under 40 CFR Part 112 Virtually NO Exclusions and NO Grandfathering Virtually NO Exclusions and NO Grandfathering

SPCC AmendmentsSPCC Amendments

• Parked Cargo Tank Trucks cont.Parked Cargo Tank Trucks cont.– EPA agreed with NEFI and now allows for EPA agreed with NEFI and now allows for

generalgeneral secondary containment for secondary containment for parked cargo tank vehiclesparked cargo tank vehicles

– General secondary containment requires General secondary containment requires only that the “most likely” release be only that the “most likely” release be addressed such as a leaky valveaddressed such as a leaky valve

– Drip pans and absorbents not dikes and Drip pans and absorbents not dikes and bermsberms

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SPCC AmendmentsSPCC Amendments

• Parked Cargo Tank Trucks cont.Parked Cargo Tank Trucks cont.– EPA is not putting a limit on how long a EPA is not putting a limit on how long a

cargo tank may be parked before it is cargo tank may be parked before it is subject to sized secondary containment subject to sized secondary containment as permanent storage.as permanent storage.

– Don’t push it! 2-3 days max then move Don’t push it! 2-3 days max then move it!it!

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Compliance ScheduleCompliance Schedule

• Bulk Plant Operators must revise Bulk Plant Operators must revise SPCC plans and implement changes SPCC plans and implement changes in plans no later than November 11, in plans no later than November 11, 2011.2011.

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Where do I go from here?Where do I go from here?

• Do not delay.Do not delay.

• Find a professional engineer that Find a professional engineer that specializes in SPCC.specializes in SPCC.

• Obtain any necessary permits from Obtain any necessary permits from local government.local government.

• Line up contractors now.Line up contractors now.

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Where do I go from here?Where do I go from here?

• REMEMBER!REMEMBER!

• The professional engineer has The professional engineer has enormous flexibility regarding enormous flexibility regarding alternative methods for compliance. alternative methods for compliance. Methods that could save you time Methods that could save you time and money. Make sure you hire a PE and money. Make sure you hire a PE that understands the built-in that understands the built-in flexibility of the SPCC rule. flexibility of the SPCC rule.

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Contact InformationContact Information

Mark S. Morgan, Esq.Mark S. Morgan, Esq.

PMAA Regulatory CounselPMAA Regulatory Counsel

(202) 364-6767(202) 364-6767

[email protected]@pmaa.org