U.S. Environmental Protection AgencyOffice of Emergency ManagementRegulation and Policy Development Division

U.S. Environmental Protection AgencyOffice of Emergency ManagementRegulation and Policy Development Division

Proposed Amendments to the Spill Proposed Amendments to the Spill Prevention, Control, and Prevention, Control, and Countermeasure (SPCC) Rule OverviewCountermeasure (SPCC) Rule Overview

Proposed Amendments to the SPCC Rule

AgendaAgenda

Why is EPA taking action?

Compliance Date Extension

Proposed Modifications

Guidance Overview

Discussion

Proposed Amendments to the SPCC Rule

Why is EPA Amending the SPCC Rule?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

Recent ActionsRecent 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

Proposed Compliance Date ExtensionProposed 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

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 to the SPCC Rule

Proposed Amendments OverviewProposed 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

Qualified FacilitiesQualified 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 self-certification;

the owner/operator can self-certify his SPCC Plan, without review and certification by a licensed Professional Engineer (PE).A facility has been

subject to SPCC for less than ten years;

(OR)

A facility is new;

has an aggregate aboveground oil storage capacity of 10,000 gallons or less;

had no discharges since becoming subject to the SPCC requirements;

Proposed Amendments to the SPCC Rule

Qualified Facilities (cont’d)Qualified Facilities (cont’d)

Additional Flexibility:

– Physical security

– Integrity testing

Restrictions:

– Environmental equivalence

– Impracticability

Proposed Amendments to the SPCC Rule

Qualified Oil-Filled Operational EquipmentQualified 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 oil-filled 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

Airport Mobile RefuelersAirport Mobile Refuelers

Vehicles with onboard bulk storage containers– Store and transport fuel for transfer into or from

aircraft or ground service equipment

Subject to bulk storage requirements:– Specifically sized secondary containment needed

Fuel spills at airports:– Especially during transfers; occasionally while “idle”

Industry issues: – Unique circumstances at airports

– Flight and fire safety issues

Proposed Amendments to the SPCC Rule

Airport Mobile Refuelers (cont’d)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

Motive PowerMotive 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

Animal Fats and Vegetable Oils (AFVO)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 (Section 112.13),

– Onshore oil drilling and workover facilities (Section 112.14), and

– Offshore oil drilling, production, or workover facilities (Section 112.15)

Request input on modification of requirements– Petroleum vs. AFVO

Proposed Amendments to the SPCC Rule

FarmsFarms

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

Amendment DocketsAmendment 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

ContactsContacts

U.S. EPA HeadquartersOffice of Emergency Management202-564-8600

Oil Program Webpagewww.epa.gov/oilspill

Superfund, TRI, EPCRA, RMP and Oil Information Center

1-800-424-9346