U'S' EPA Oil Spill Program

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U. S. EPA REGION 8 OIL PROGRAM
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Current SPCC Rule

• Effective Date August 16, 2002
• Amended December 2006

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The 2002 SPCC Rule

• Should to shall to must.
• Clarification that the rules requirements
• are mandatory.

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Applicability

• General Applicability 112.1
• Applies to any owner or operator of a
• non-transportation related facility engaged in
  drilling, producing, gathering, storing,
  processing, refining, transferring, distributing,
  using or consuming oil or oil products.
• Clarifies includes using oil
• (i.e. oil filled electrical and other
  equipment).

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Applicability

• General Applicability 112.1
• Regulatory threshold
• Now total capacity gt1,320 gallons
• Minimum container size
• Exempts containers less than 55 gallons from
  capacity calculation.

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Applicability

• General Applicability 112.1
• Facilities which may reasonably be expected to
  discharge oil to navigable waters or adjoining
  shorelines of the United States
• May affect natural resources belong to,
  appertaining to, or under the exclusive
  management authority of the U.S.
• Into or upon waters of the contiguous zone...

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Adverse Weather

• Should be considered when making a determination
  whether there is a reasonable potential to
  discharge to navigable waters.

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Otherwise Exempt Facilities

• Regional Administrators
• have authority to require preparation of an SPCC
  Plan for otherwise exempt facilities on a
  case-by-case basis.

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112.2 DEFINITIONS

• New and Expanded Definitions
• Effective February 26, 2007

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Definitions in the Rule

• Facility
• Any mobile or fixed, onshore or offshore
  building, structure, installation, equipment,
  pipe, or pipeline used in oil well drilling
  operations, oil production, oil refining, oil
  storage, oil gathering, oil processing, oil
  transfer, oil distribution, and waste treatment,
  or in which oil is used
• (may be as small as a piece of equipment,
  such as a transformer or as large as a oil field
  or a military base)

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Storage capacity

• The shell capacity of the container.

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Storage Capacity Calculation
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Discharge

• Includes, but is not limited to, any spilling,
  leaking, pumping, pouring, emitting, emptying, or
  dumping of oil, but
• excludes discharges in compliance
• with a permit under Section 402
• of the CWA

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Discharge of Oil Sheen Rule

• Any facility or vessel is subject to these
  reporting requirements if it discharges a harmful
  quantity of oil to U.S. navigable waters,
  adjoining shorelines, or the contiguous zone.
• Harmful quantity of discharged oil
• Violates state water quality standards
• Causes a film or sheen on the waters surface
• Leaves sludge or emulsion beneath the surface.
• (Not based on a quantity of oil discharged.)

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Reporting Oil Discharges

• 40 CFR 110, Discharge of Oil regulation
• Framework for determining whether an oil
  discharge to inland and coastal waters or
  adjoining shorelines should be reported to the
  National Response Center by anyone.
• 40 CFR 112, Oil Pollution Prevention regulation
• Identifies certain types of discharges from that
  also need to be reported to EPA by SPCC regulated
  facilities.

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Navigable Waters

• All navigable waters of the United States, as
  defined in judicial decisions prior to the
  passage of the 1972 amendments to the FWPCA and
  tributaries of such

• All interstate waters, including interstate
  wetlands

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Navigable Waters

• Intrastate lakes, rivers, and streams which are
  utilized by interstate travelers for recreational
  or other purposes
• Intrastate lakes, rivers, and streams from which
  fish or shellfish are taken and sold in
  interstate commerce.

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Not Navigable Waters

• Waste treatment systems, including treatment
  ponds or lagoons designed to meet the
  requirements of the CWA (other than cooling ponds
  which also meet the criteria of this definition)
  are not waters of the United States. Navigable
  waters do not include prior converted cropland.

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Bulk Storage Container

• Any container used to store oil.
• Bunkered Tanks, Completely Buried Tanks,
  Partially Buried Tanks are treated as above
  ground tanks.
• Oil filled electrical, manufacturing or
  operational equipment not included in the
  definition. Therefore, they are not subject to
  the bulk storage requirements of the rule
  (containment, testing, and fail safe engineering)

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Oil-filled Operational Equipment

• Equipment that includes an oil storage
  container(s) in which the oil is present solely
  to support the function of the apparatus or the
  device.
• Examples hydraulic lubricating systems,
  gear boxes, machining cooling systems, heat
  transfer systems, transformers, electrical
  switches, circuit breakers, etc.

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Oil-filled Operational Equipment

• Not considered a bulk storage container
• Does not include oil-filled manufacturing
  equipment (flow-through process)
• Piping might be considered a component of
  oil-filled operational equipment
• Yes, if it is inherent to the equipment and used
  solely to facilitate operation of the device
• No, if it is not intrinsic to the equipment
  (i.e., flowlines, transfer piping or piping
  associated with a process).

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Spill Prevention, Control, and Countermeasure
Plan SPCC Plan, or Plan

• The document required by 112.3 that details the
  equipment, workforce, procedures, and steps to
  prevent, control, and provide adequate
  countermeasures to a discharge.

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Section 112.3 Requirement to Prepare and
Implement a SPCC Plan

• Timeframes for preparation and implementation.
• Must maintain copy of Plan at facility if
  attended 4 or more hours per day.

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Professional Engineer (PE)

• Certified by a licensed PE
• Licensed in any state
• PE familiar with 40 CFR Part 112
• PE or agent visited facility
• In accordance with good engineering practices
• Applicable industry standards
• In compliance with regulations
• Inspection and testing procedures are established
• Plan is adequate for facility

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Exception to PE Certification

• Qualified Facility
• Total oil storage capacity is 10,000
• gallons or less
• No single discharge exceeding 1,000
• gallons or no 2 discharges each
• exceeding 42 gallons with any 12
• month period in 3 years prior to self-
• certification date

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Reportable Discharge History

• When determining the applicability of this
  criterion, the gallon amount(s) specified (either
  1,000 or 42) refers to the amount of oil that
  actually reaches navigable waters or adjoining
  shorelines, not the total amount of oil spilled.
• (Oil discharges that result from natural
  disasters,
• acts of war, or terrorism are not included.)
• Facilities that have a reportable oil discharge
  after self-certifying the SPCC Plan do not
  automatically lose eligibility
• However, the Regional Administrator has the
  authority to require a Plan amendment

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Self Certification

• Familiar with the requirements of 40 CFR part
  112
• Have visited and examined the facility
• Plan has been prepared in accordance with
  accepted and sound industry practices and
  standards and with requirement of this part
• Procedures for required inspections and testing
  have been established
• Plan is being fully implemented
• Facility meets the qualification criteria set
  forth under 112.3(g)
• Plan does not deviate from any requirement of
  this part except as provided in (c) of this
  section
• The Plan and individual(s) responsible for
  implementing it have full approval of management
  and the facility owner or operator has committed
  the necessary resources to fully implement the
  Plan.

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Qualified Facilities

• Environmental Equivalence Plan may not include
  alternate methods unless each is reviewed and
  certified by a PE.
• Alternative requirements for
• Security
• Integrity testing.

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Qualified Facilities

• Impracticability
• Plan may not include any determinations that
  secondary containment is impracticable unless
  such determination and alternate provision has
  been reviewed and certified by a PE.

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Qualified Facility Summary
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Ineligibility for Qualified Facilities Self
Certification

• Facility becomes ineligibile for self
  certification as a qualified facility if a change
  occurs such that the total oil storage capacity
  exceeds 10,000 gallons.
• Then you must prepare a Plan in accordance with
  112.7 and any other applicable subpart, including
  certification by a PE.

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Owner or Operators

• PE certification in no way relieves the owner or
  operator of a facility of his duty to prepare and
  fully implement such Plan in accordance with the
  requirements of this part.
• The owner or operator must
• Maintain the facility according to the Plan

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Timeframes

• Section 112.3
• If a facility was operating prior to August 16,
  2002, then the owner or operator must amend the
  SPCC Plan on or before
• November 10, 2010 and must implement the amended
  Plan by November 10, 2010.

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NEW COMPLIANCE DATES
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If you are the owner or operator of a facility

• Which has
• Discharged more than 1,000 U.S. gallons of oil in
  a single discharge,
• Discharged more than 42 U.S. gallons of oil in
  each of two discharges, within any twelve month
  period,
• Then you must
• Submit information to EPA and the appropriate
  State Agency within 60 days

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Section 112.5 Amendment of SPCC Plan by
Owner/Operator

• Amend the SPCC Plan for your facility when
  there is a change in the facility design,
  construction, operation, or maintenance that
  materially affects its potential for a discharge
• (Examples commissioning or decommissioning
  containers replacement, reconstruction, or
  movement of containers reconstruction,
  replacement, or installation of piping systems
  construction or demolition that might alter
  secondary containment structures changes of
  product or service or revision of standard
  operation or maintenance procedures at a
  facility.

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Section112.5 Amendment of SPCC Plan by
Owner/Operator

• A review and evaluation of the SPCC Plan at least
  once every five years from the date facility
  becomes subject or
• If your facility was in operation on or before
  August 16, 2002, five years from the date of your
  last review was required under this part.

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Section 112.5 Amendment of SPCC Plan by
Owner/Operator

• Document review and evaluation
• Must sign a statement as to whether you will
  amend the Plan
• at beginning or end of Plan
• in a log or
• an appendix to the Plan.
• I have completed review and evaluation of the
  SPCC Plan for (facility name) on (date), and will
  (will not) amend the Plan as a result.
• Professional Engineer must certify any technical
  amendment

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Amendment of Self Certified SPCC Plan

• Must certify any technical amendments to SPCC
  Plan when there is a change in facility design,
  construction or maintenance which affects its
  potential for a discharge.
• If a Professional Engineer certified a portion of
  the Plan and the technical amendment affects this
  portion of the Plan, then the amended provisions
  must be certified by a PE.

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112.7 General SPCC Requirements

• Prepare a Plan in Accordance with Good
  Engineering Practices
• Full approval of management
• authority to commit the necessary resources
• signed statement

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112.7 General SPCC Requirements

• Written Plan
• Sequence of Section 112.7
• If the sequence different
• a cross-reference section
• Additional facilities or procedures, methods, or
  equipment not yet fully operational, discuss in
  separate paragraphs, the details of installation
  and operational start-up.

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Level of Detail
FACILITY DIAGRAM

• The diagram should provide sufficient detail for
• Facility personnel to undertake prevention
  activities
• EPA to perform an effective inspection
• Responders to take effective measures

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Piping

• Facility diagram must include all transfer
  stations and connecting pipes
• Complex systems may be represented in a less
  detailed manner
• As long as more detailed drawing of pipes
  (blueprints, engineering diagrams) are maintained
  at the facility
• Also may be acceptable
• Schematic representations that provide a general
  overview of the piping service
• Overlay diagrams showing different portions of
  the piping system

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112.7 General SPCC Requirements

• (a)(3) Describe
• (iv) Countermeasures for discharge discovery,
  response, and cleanup, both the facilitys
  capability and those that might be required
  of a contractor, and
• (v) Methods of disposal of recovered materials
  in accordance with applicable legal
  requirements.

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112.7 General SPCC Requirements

• (a)(3)(vi) Include a contact list and phone
  numbers for
• Response coordinator for the facility
• National Response Center
• Cleanup contractors with whom the facility has an
  agreement for response and
• all appropriate Federal, State, and local
  agencies.

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112.7 General SPCC Requirements

• (a)(4) Provide information and procedures
  to enable a person reporting a discharge
  to relate information on
• Estimates of the total quantity discharged
• Estimates of the quantity discharged that may be
  harmful

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112.7 General SPCC Requirements

• (b) Equipment Failure Prediction
• Where experience indicates a reasonable
  potential for equipment failure (such as
  loading or unloading equipment, tank
  overflow, rupture, or leakage, or any other
  equipment known to be a source of discharge),
• Include a prediction of the direction, rate of
  flow, and total quantity of oil that could be
  discharged from the facility as a result of
  each type of major equipment failure.

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General Secondary Containment

• Requires secondary containment for all areas with
  the potential for a discharge
• Requires appropriate containment and/or
  diversionary structures to prevent a discharge
  that may be harmful (a discharge as described in
  112.1(b))
• Appropriate containment should be designed to
  address the most likely discharge from the
  primary containment system such that the
  discharge will not escape containment before
  cleanup occurs.
• General facility requirement with no sizing or
  freeboard requirements
• This is the minimum expectation for containment

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Oil-filled Operational Equipment

• Includes
• An oil storage container in which the oil is
  present solely to support the function of the
  apparatus or the device
• Examples hydraulic systems, lubricating systems,
  gear boxes, machining coolant systems, heat
  transfer systems, transformers, other electrical
  equipment, and other systems containing oil to
  enable operation
• Subject to the general SPCC requirements,
  including the secondary containment provision
  under 112.7(c)

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Specific Secondary Containment Requirements

• Areas where certain types of containers,
  activities, or equipment are located may be
  subject to additional more stringent containment
  requirements
• Specific minimum size requirement for secondary
  containment for the following areas
• Bulk storage containers
• Mobile or portable bulk storage containers

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Active Measures

• Active measures can include
• Placing a properly designed storm drain cover
  over a drain to contain a potential spill in an
  area where a transfer occurs, prior to the
  transfer activity
• Placing a storm drain cover over a drain in
  reaction to a discharge, before the oil reaches
  the drain
• Using spill kits in the event of an oil
  discharge
• Use of spill response capability (spill response
  teams) in the event of an oil discharge
• Closing a gate valve that controls drainage from
  an area prior to a discharge.

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112.7 General SPCC Requirements

• (d) Contingency Plan Option
• If the facility determines that the
  installation of the structures or pieces of
  equipment listed as acceptable means for
  providing secondary containment for storage
  containers and facility tank car and tank truck
  loading/unloading areas to prevent a discharge
  as described in 112.1(b) are not practicable,
  the facility must explain in the Plan why such
  measures are not practicable

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Contingency Plan

• Prepare an oil spill contingency plan with all
  elements described in 40 CFR Part 109 and
• Provide a written commitment of manpower,
  equipment, and materials to control and remove
  any harmful quantity of oil discharged.
• Facilities must be able to implement the
  contingency plan.

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Elements of a Contingency Plan

• Authorities, responsibilities, and duties of all
  persons, organizations, or agencies involved in
  removal operations
• Notification procedures for the purpose of early
  detection and timely notification of an oil
  discharge
• Critical water use areas
• List of names/telephone numbers/addresses of
  responsible persons
• Reliable and interconnectible communications
• Procedures for requesting assistance.

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Elements of a Contingency Plan

• Provisions to ensure that full resource
  capability is known and can be committed during
  an oil discharge
• Identification and inventory of equipment,
  materials and supplies
• Estimate of equipment, materials and supplies
  required for anticipated maximum oil discharge
• Development of agreements/arrangements for
  obtaining required equipment, materials and
  supplies.

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Elements of a Contingency Plan

• Provisions for well-defined and specific actions
  to be taken after discovery and notification of
  an oil discharge
• Oil response operating team of trained, prepared
  and available operating personnel
• Properly qualified oil discharge response
  coordinator with responsibility and authority for
  directing and coordinating response operations
  and who knows how to request assistance
• Preplanned location for a oil response operations
  center and reliable communications system for
  directing response operations
• Provisions for varying degrees of response effort
  based upon the severity of the discharge
• Specification of the order of priority for
  protection of water uses.

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Elements of a Contingency Plan

• Procedures to facilitate recovery of damages and
  enforcement measures
• A sample contingency plan and a checklist
  for elements
• required by Part 109 is available in Chapter 4
  of the
• SPCC Guidance for Regional Inspectors,)

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Active Measures vs. Contingency Plan

• Active secondary containment requires a
  deployment action it is put in place prior to or
  immediately upon discovery of an oil discharge.
• The purpose of these measures is to contain an
  oil discharge before it reaches navigable waters
  or adjoining shorelines.
• A contingency plan is a detailed oil spill
  response plan.
• The purpose of a contingency plan should be both
  to outline response capability or countermeasures
  to limit the quantity of a discharge reaching
  navigable waters or adjoining shorelines, and to
  address response to a discharge of oil that has
  reached navigable waters or adjoining shorelines.

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Oil-Filled Operational Equipment

• Alternative to the general secondary containment
  requirements for qualified oil-filled operational
  equipment
• Prepare an oil spill contingency plan and a
  written commitment of manpower, equipment, and
  materials
• Have an inspection or monitoring program to
  detect equipment failure and/or a discharge
• Individual impracticability determination for
  each piece of equipment is not required.

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Oil-Filled Operational Equipment Eligibility
Criteria

• For the 3 years prior to Plan certification, or
  since becoming subject to the rule if it has
  operated for less than 3 years, the facility must
  not have had
• A single discharge of oil from any oil-filled
  operational equipment to navigable waters
  exceeding 1,000 U.S. gallons, or
• Two discharges of oil from any oil-filled
  operational equipment to navigable waters each
  exceeding 42 U.S. gallons within any 12-month
  period.
• (Eligibility determined by the reportable
  discharge history
• from the equipment, not the entire
  facility.)

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Oil-filled Operational Equipment Summary
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112.7 General SPCC Requirements

• (e) Inspections, Tests, and Records
• Conduct inspections and tests in accordance
  with
• written procedures developed by the facility
  or by
• the engineer who certifies the facility Plan.
• Keep these written procedures and a record of
  the
• inspections and tests, signed by the
  appropriate
• supervisor or inspector, with the SPCC Plan
  for a
• period of three years.
• Records of inspections and tests kept under
  usual
• and customary business practices will suffice
  for
• purposes of this requirement.

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112.7 General SPCC Requirements

• Personnel, Training, and Discharge Prevention
  Procedures
• (1) Train facility oil-handling personnel
• (2) Designate a person accountable for
  discharge prevention.
• (3) Schedule and conduct discharge
• prevention briefings for facility oil-
• handling personnel at least once a year.

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112.7 General SPCC Requirements

• (g) Security (excluding oil production)
• (1) Fully fence and lock entrance gates

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112.7 General SPCC Requirements

• (1) Fully fence and lock entrance gates
• Equivalent Environmental Protection
• Fence all areas directly involved in the
  handling, processing and storage of oil

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112.7 General SPCC Requirements

• (g) Security (excluding oil production)
• (2) Ensure that the master flow and drain
  valves permitting direct outward flow of
  the containers contents to the surface
  have adequate security measures

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112.7 General SPCC Requirements

• (g) Security (excluding oil production)
• (3) Lock starter controls and locate in an
  area accessible only to authorized personnel

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112.7 General SPCC Requirements

• (g) Security (excluding oil production)
• (4) Securely cap or blank-flange
  loading/unloading connections of oil
  pipelines or facility piping when not in
  service or when in standby service for an
  extended time. This security practice also
  applies to piping that is emptied of liquid
  content either by draining or by inert gas
  pressure.

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112.7 General SPCC Requirements

• (g) Security (excluding oil production)
• (5) Provide facility lighting commensurate with
  the
• type and location of the facility that
  will assist in the
• Discovery of discharges occurring during hours
• of darkness, both by operating personnel, if
  present, and by non-operating personnel (the
  general public, local police, etc.) and
• Prevention of discharges occurring through acts
• of vandalism.

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Security - 112.7(g)

• If alternative security measures are used
• Plan must state the reasons for nonconformance
• Provide a description of the alternative
  measures, how they are implemented, and how they
  will achieve environmentally equivalent
  protection
• Discussion of how measures
• Help deter vandals
• Prevent unauthorized access to containers and
  equipment that could be involved in an oil
  discharge
• Are otherwise equivalent to the SPCC security
  requirements
• Security Provisions do not apply to oil
  production facilities

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Alternative Facility Security Requirements for
Qualified Facilities

• To prevent acts of vandalism and assist in the
  discovery of oil discharges, owners/operators of
  qualified facilities may describe how they
• Control access to the oil handling, processing
  and storage areas
• Secure master flow and drain valves and
  out-of-service and loading/unloading connections
  of oil pipelines
• Prevent unauthorized access to starter controls
  on oil pumps
• Address the appropriateness of security lighting

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Lighting - 112.7(g)(5)

• Appropriate E.E. measures may include
• Lights that are turned on intermittently
  (isolated facilities)
• Lighting that uses motion-activated detectors
• A combination of an alarm system to detect
  trespassers and portable lights to perform
  regular rounds of the facility

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General SPCC Requirements

• 112.7(c) Facility Tank Car/Truck
  Loading/Unloading Areas Other Than Rack
  Areas
• Provide appropriate containment or
  diversionary structures to prevent a discharge
  to water using any of the measures described in
  112.7(c).

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Transfer Areas

• Determination of adequate secondary containment
  should consider
• The reasonably expected sources and causes of a
  discharge
• The reasonably expected maximum rate of discharge
  
• The ability to detect and react to the discharge
• The reasonably expected duration of the discharge
• The time it would take a discharge to impact
  navigable waters or adjoining shorelines

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SPCC Requirements Subject to Environmental
Equivalence Provision

• Most technical elements of the rule (112.7
  through 112.12)
• Not secondary containment requirements
• Not certain provisions of 112.7, including
  the general recordkeeping and training
  provisions
• Not the administrative provisions of the rule
• 112.1 112.5 (including definitions)

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Advantages of the Provision

• A key mechanism of the performance-based SPCC
  rule
• Flexibility enables facilities to achieve
  environmental protection in a manner that fits
  their unique circumstances
• Allows facilities to adopt more protective
  industry practices and technologies as they
  become available

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Sections 112.8 and 112.12 SPCC Requirements For
Onshore Non-production Facilities

• If you are the owner or operator of an onshore
  facility (excluding a production facility), you
  must
• (a) Meet the general requirements for the
  Plan listed under 112.7, and the specific
  discharge prevention and containment
  procedures listed in this section.

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112.8 and 112.12 SPCC Requirements For
Onshore Non-production
112.8 (b) and 112.12(b) Facility Drainage
Use valves of manual, open-and-closed design,
for the drainage of diked areas. You may
not use flapper-type drain valves to drain
diked areas.
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112.8 and 112.12 SPCC Requirements For
Onshore Non-production

• 112.8 (c) and 112.12(c) Bulk Storage Containers
• Material and construction are
• compatible with the material stored
• and conditions of storage

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Secondary Containment Provisions in 40 CFR 112
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112.8 and 112.12 SPCC Requirements For
Onshore Non-production

• 112.8 (c) and 112.12(c) Bulk Storage Containers
• (2) Secondary containment for the entire
  capacity of
• the largest single container and sufficient
• freeboard to contain precipitation. The
  facility
• must ensure that diked areas are sufficiently
• impervious to contain discharged oil.

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112.8 and 112.12 SPCC Requirements For
Onshore Non-production

• 112.8 (c) and 112.12(c) Bulk Storage Containers
• (6) Test for integrity on a regular schedule,
  and whenever material repairs are made.
• Visual inspection AND
• Another testing technique
• (such as hydrostatic testing, radiographic
  testing, ultrasonic testing, acoustic
  emissions testing, or another system of
  non-destructive shell testing).
• Comparison records of such testing must be
  kept.

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Aboveground Bulk Storage Container for Which the
Baseline Condition is Known

• Shell thickness and corrosion rates are known
• Inspection and testing program can be established
  on a regular basis
• Schedule should occur at a scope and frequency
  based on industry standards or on the corrosion
  rate and expected remaining life of the container
• Inspection interval must be documented in the Plan

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Aboveground Bulk Storage Container for Which the
Baseline Condition is not Known

• Construction history and wall and/or bottom plate
  thickness baselines are not known
• PE must describe in the SPCC Plan an interim
  schedule that allows the facility to gather the
  baseline data to establish a regular schedule
• Visual inspection and another testing technique
  within the first five-year review cycle of the
  SPCC Plan
• Testing program may include two data collection
  periods to establish a baseline of shell
  thickness and corrosion rate in order to develop
  the next inspection interval

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Sections112.8 and 112.12 SPCC Requirements for
Onshore Non-production

• 112.8(c) and 112.12(c) Bulk Storage Containers
• Equivalent Environmental Protection
• For shop built containers with a shell capacity
  of 30,000 gallons or less, you may elevate them
  and make all sides, including the bottom, visible
  for inspection.

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Qualified Facilities

• Bulk Storage Container Inspections
• Comply with 112.8(c)(6), or
• Test/inspect each container on a regular
  schedule or whenever material repairs are made
• Keep comparison records
• Inspect the containers supports and
  foundations
• Must frequently inspect the outside of the
  container for signs of deterioration, discharges
  or accumulations of oil inside diked areas.

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Alternative Integrity Testing for Qualified
Facilities

• No longer specifically requires both visual
  inspection and another testing method
• Does not need to be reviewed and certified by a
  PE
• Facility must determine in accordance with
  industry standards, the appropriate
  qualifications for personnel performing tests and
  inspections, the frequency and type taking into
  account container size, configuration and design.
  

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112.8 and 112.12 SPCC Requirements For
Onshore Non-production

• 112.8 (c) Bulk Storage Containers
• (8) Engineer or update each container
  installation in accordance with good
  engineering practice to avoid discharges.
  Provide one of following
• (i) High liquid level alarms
• (ii) High liquid level pump cutoff devices
• (iii) Direct audible or code signal
  communication between the gauger and
  the pumping station.

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112.8 and 112.12 SPCC Requirements For
Onshore Non-production

• 112.8(d) and 112.12(d) Transfer, Pumping, and
  Process Operations
• (1) Provide buried piping that is installed or
  replaced on or after August 16, 2002, with a
  protective wrapping and coating. Must also
  cathodically protect or satisfy the corrosion
  protection standards for piping in Part 280 or
  281.
• If a section of buried line is exposed for any
  reason, it must be carefully inspected for
  deterioration. Take corrective action as
  indicated by the magnitude of the damage.

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112.8 and 112.12 SPCC Requirements For
Onshore Non-production

• 112.8(d) and 112.12(d) Transfer, Pumping, and
  Process Operations
• (5) Warn all vehicles entering the facility
  to be sure that no vehicle will endanger
  aboveground piping or other oil transfer
  operations.

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2007 SPCC Amendment Proposal

• Published in Federal Register on
• December 5, 2008
• These amendments are not effective!

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• Amend the definition of facility.
• Provide further streamlined requirements for a
  subset of qualified facilities (Tier 1) and
  allow the use of an SPCC Plan template.
• Revise facility diagram requirement to provide
  additional flexibility.
• Modify secondary containment requirement language
  at 112.7(c) to provide more clarity.
• Amend security requirements.
• Streamline integrity testing requirements.
• Clarify applicability of rule to
• Man-made structures
• Wind turbines used to produce electricity.

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Definition of FacilityProposed changes at 112.2

• The proposal would amend the definition of
  facility to offer clarification
• clarify that the definition of facility alone
  governs SPCC applicability
• clarify that non-contiguous parcels may be
  considered separate facilities
• include terms property, parcel, and lease
  to clarify what can be used in determining
  facility boundaries
• these are terms that are familiar to production
  and farm sectors
• add the qualifier oil before the term waste
  treatment

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Definition of FacilityProposed changes at 112.2

• Facility means any mobile or fixed, onshore or
  offshore building, property, parcel, lease,
  structure, installation, equipment, pipe, or
  pipeline (other than a vessel or a public vessel)
  used in oil well drilling operations, oil
  production, oil refining, oil storage, oil
  gathering, oil processing, oil transfer, oil
  distribution, and oil waste treatment, or in
  which oil is used, as described in Appendix A to
  this part. The boundaries of a facility depend on
  several site-specific factors, including but not
  limited to, the ownership or operation of
  buildings, structures, and equipment on the same
  site and types of activity at the site.
  Contiguous or non-contiguous buildings,
  properties, parcels, leases, structures,
  installations, pipes, or pipelines under the
  ownership or operation of the same person may be
  considered separate facilities. Only this
  definition governs whether a facility is subject
  to this part.

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Factors to determine boundary of a facility

• Ownership
• Management
• Operation
• Types of activities
• Adjacency
• Shared drainage pathways

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General Secondary ContainmentProposed Changes at
112.7(c)

• The proposal clarifies that the general secondary
  containment requirement is intended to address
  the most likely oil discharge from any part of a
  facility.
• The proposal would add the text In determining
  the method, design, and capacity for secondary
  containment, you need only to address the typical
  failure mode, and the most likely quantity of oil
  that would be discharged. Secondary containment
  may be either active or passive in design.
• Modifies 112.7(c) to expand the list of
  example
• prevention systems for onshore facilities.
• Additional examples drip pans, sumps, and
  collection systems

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Proposed Tier I Qualified Facilities

• Qualified Facilities were addressed in the 2006
  SPCC Amendments.
• 2008 rule amendments further streamlined and
  tailored the SPCC requirements for a subset of
  qualified facilities.
• Tier I qualified facilities have an additional
  option to complete and implement a streamlined,
  self-certified SPCC Plan template (Appendix G to
  the rule).
• All other qualified facilities are designated
  Tier II qualified facilities.

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Proposed Tier I Eligibility Criteria

• Meets the reportable discharge history criterion
  and
• 10,000 gallons or less in aggregate aboveground
  oil storage capacity and
• Maximum individual aboveground oil storage
  container capacity of 5,000 U.S. gallons or less.

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Proposed Tier I Requirements

• A Tier I qualified facility owner/operator
  can choose to comply with either Tier I or Tier
  II requirements or prepare a PE-certified Plan in
  accordance with all applicable requirements of
  112.7 and subparts B and C.
• Template found in Appendix G to the SPCC rule is
  designed to be a simple SPCC Plan.
• Eliminates and/or modifies certain requirements
  and provisions that generally do not apply to
  facilities that store or handle smaller volumes
  of oil

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Proposed Tier I Requirements

• Limited to those facilities that
• Do not use environmentally equivalent measures,
• Do not determine secondary containment to be
  impracticable, and
• Do not need PE certification to comply with any
  rule requirements.

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Proposed Qualified Facilities Summary
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Manmade Structures (Preamble Clarification)

• Certain manmade features may be taken into
  consideration in determining how to comply with
  SPCC requirements.
• SPCC Plan preparer can consider
• The ability of building walls and/or drainage
  systems to serve as secondary containment for a
  container.
• Freeboard for precipitation not necessary if
  container is indoors.
• Indoor conditions that reduce external corrosion
  and potential for discharges, to develop a
  site-specific integrity testing and inspection
  program.

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Wind Turbines(Preamble Clarification)

• Wind turbines meet the definition of oil-filled
  operational equipment.
• Can take advantage of the alternative
  compliance option provided
• to qualified oil-filled operational
  equipment, in lieu of secondary
• containment
• prepare an oil spill contingency plan and a
  written commitment of manpower, equipment, and
  materials, without having to make an individual
  impracticability determination as required in
  112.7(d)
• establish and document an inspection or
  monitoring program
• The design of the wind turbine may inherently
  provide sufficient
• secondary containment for its oil reservoirs
• as determined by a PE (or owner/operator of a
  qualified facility)

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EPA Web Sites
www.epa.gov/oilspill
www.epa.gov/region8/
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EPA Hotlines

• National ResponseCenter (NRC) 800-424-8802
• For SPCC, FRP, OPA Information 800-424-9346
• NCP Product Schedule Information 202-260-2342

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Region 8 Contacts

• Jane Nakad
• 303-312-6202
• nakad.jane_at_epa.gov
• Donna Inman
• 303-312-6201
• inman.donnak_at_epa.gov
• Melissa Payan
• 303-312-6511
• rosas.melissa_at_epa.gov

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QUESTIONS ????
Thank you