2008 SPCC Rule 2008 SPCC Rule Amendments Amendments

Donald P SmithDonald P SmithUS Environmental Protection US Environmental Protection

AgencyAgencyRegion VIRegion VIMay, 2009May, 2009

Current StatusCurrent Status

What’s the SPCC Rule?What’s the SPCC Rule?

Spill Prevention, Control, and Countermeasure ruleSpill Prevention, Control, and Countermeasure rule Oil Pollution Prevention regulation (40 CFR part 112) Oil Pollution Prevention regulation (40 CFR part 112)

Specifies requirements for prevention of, preparedness Specifies requirements for prevention of, preparedness for, and response to oil discharges for, and response to oil discharges

Includes requirements for Facility Response Plans Includes requirements for Facility Response Plans (FRPs) (FRPs)

Requirements help prevent oil discharges from reaching Requirements help prevent oil discharges from reaching navigable waters or adjoining shorelines. navigable waters or adjoining shorelines.

Certain facilities are required to develop SPCC Plans that Certain facilities are required to develop SPCC Plans that describe equipment, workforce, procedures, and training to describe equipment, workforce, procedures, and training to prevent, control, and provide adequate countermeasures to prevent, control, and provide adequate countermeasures to a discharge of oil.a discharge of oil.

2008 SPCC Rule Amendments2008 SPCC Rule Amendments

Published in the Published in the FRFR on on December 5, 2008December 5, 2008 Address areas highlighted in the EPA Regulatory Address areas highlighted in the EPA Regulatory

Agenda and the 2005 OMB report ‘‘Regulatory Agenda and the 2005 OMB report ‘‘Regulatory Reform of the U.S. Manufacturing Sector’’Reform of the U.S. Manufacturing Sector’’

Address a number of issues raised by the regulated Address a number of issues raised by the regulated communitycommunity

Increase clarityIncrease clarity Tailor and streamline certain requirementsTailor and streamline certain requirements Facilitate compliance by owners and operators of a Facilitate compliance by owners and operators of a

facilityfacility

Current Status of Rule Current Status of Rule AmendmentsAmendments

EPA extended the effective date of the EPA extended the effective date of the revised SPCC rule amendments by 60 revised SPCC rule amendments by 60 days days until April 4, 2009until April 4, 2009

Public comment on all aspects of the rule is Public comment on all aspects of the rule is requested.requested.

Therefore, Therefore, amendments are currently not in amendments are currently not in effecteffect and and subject to changesubject to change before they before they become effective. become effective.

Timeline of EventsTimeline of Events

Dec. 5, 2008SPCC Rule

Amendments Published in Federal

Register

Jan. 20, 2009Memo for Heads of Exec.

Depts. and Agencies Issued by Rahm Emanuel

Jan. 21, 2009OMB Memo:

Implementation of Memorandum Concerning

Regulatory Review

Feb. 3, 2009FR Notice: Delay of

Effective Date and Request for Comment

Mar. 5, 2009Comment Period Ends

April 4, 2009Effective Date of

SPCC Rule

Memorandum for the Heads of Memorandum for the Heads of Executive Departments and Executive Departments and

AgenciesAgencies Issued January 20, 2009 by President Obama’s Chief of Issued January 20, 2009 by President Obama’s Chief of

Staff, Rahm EmanuelStaff, Rahm Emanuel Requests the following steps:Requests the following steps:

No proposed or final regulation sent to Office of the No proposed or final regulation sent to Office of the Federal Register, unless reviewed and approved by Federal Register, unless reviewed and approved by Obama AdministrationObama Administration

Withdraw from OFR of all proposed or final regulations Withdraw from OFR of all proposed or final regulations not yet published in FR, pending review and approvalnot yet published in FR, pending review and approval

Consider extending for 60 days the effective date of Consider extending for 60 days the effective date of regulations that have been published in FR but not yet regulations that have been published in FR but not yet taken effecttaken effect

OMB Memo on Implementation of OMB Memo on Implementation of White House MemoWhite House Memo

Provides guidance on implementing paragraph 3, Provides guidance on implementing paragraph 3, “Consider extending for 60 days…”“Consider extending for 60 days…”

Provides 8 considerations to go over when deciding Provides 8 considerations to go over when deciding whether to extend the effective date of a regulation. These whether to extend the effective date of a regulation. These deal with:deal with: the rulemaking processthe rulemaking process substance of the rulesubstance of the rule objections to the ruleobjections to the rule access to facts and data by interested partiesaccess to facts and data by interested parties support of the final rulesupport of the final rule

If the rule satisfies these standards, you need do nothing If the rule satisfies these standards, you need do nothing further. further.

OMB Memo on Implementation of OMB Memo on Implementation of White House MemoWhite House Memo (continued)(continued)

To extend the effective date for further To extend the effective date for further review, promptly provide a 30-day notice-review, promptly provide a 30-day notice-and-comment period.and-comment period.

If, in light of the comments, extension of If, in light of the comments, extension of the effective date is appropriate, Agencies the effective date is appropriate, Agencies should consult with: should consult with: the Department of Justice’s Office of Legal the Department of Justice’s Office of Legal

Counsel (OLC)Counsel (OLC) the Office of Management and Budget’s Office the Office of Management and Budget’s Office

of Information and Regulatory Affairs (OIRA)of Information and Regulatory Affairs (OIRA)

SPCC: Delay of Effective Date SPCC: Delay of Effective Date and Request for Comment and Request for Comment

FRFR notice published February 3, 2009. notice published February 3, 2009. Delays the effective date of the SPCC rule Delays the effective date of the SPCC rule

amendments by 60 days.amendments by 60 days. The amendments will become effective April The amendments will become effective April

4, 2009.4, 2009. Public comment is requested on the Public comment is requested on the

extension of the effective date and its extension of the effective date and its duration, and on the amendments.duration, and on the amendments.

Public Comment Period Public Comment Period ExtensionExtension

Requested public comment on Requested public comment on all aspectsall aspects of the rule. of the rule. Specifically interested in public comment on:Specifically interested in public comment on:

the optional approaches for exempting or providing the optional approaches for exempting or providing containment for produced water containers; and containment for produced water containers; and

the criteria for the identification of oil production the criteria for the identification of oil production facilities that are qualified to prepare self-certified facilities that are qualified to prepare self-certified PlansPlans

Comments due March 5, 2009Comments due March 5, 2009 Docket ID No. EPA-HQ-OPA-2007-0584 Docket ID No. EPA-HQ-OPA-2007-0584

(same docket as 2007 proposal) (same docket as 2007 proposal)

SPCC Compliance DatesSPCC Compliance Dates

Final rule notice amending Final rule notice amending compliance dates was signed by compliance dates was signed by former Administrator Johnson in former Administrator Johnson in January 2009January 2009 Not published in FR; not effectiveNot published in FR; not effective

New effective date is January 14, New effective date is January 14, 20102010

What did the amendments look like?What did the amendments look like?

Overview of 2008 Overview of 2008 AmendmentsAmendments

ExemptionsExemptions Exempt hot-mix asphalt and hot-mix Exempt hot-mix asphalt and hot-mix

asphalt containersasphalt containers Exempt pesticide application equipment Exempt pesticide application equipment

and related mix containersand related mix containers Exempt heating oil containers at single-Exempt heating oil containers at single-

family residences family residences Exempt deferred USTs at nuclear power Exempt deferred USTs at nuclear power

generation stationsgeneration stations(continues…)

Amendments not effective until April 4, 2009; subject to public comment and EPA review

Overview of Amendments Overview of Amendments (continued)(continued)

Amended/Clarified DefinitionsAmended/Clarified Definitions Amend the definition of “facility” Amend the definition of “facility” Define and clarify requirements for a Define and clarify requirements for a

“loading/unloading rack”“loading/unloading rack”

Tier I Qualified FacilitiesTier I Qualified Facilities Provide further streamlined requirements Provide further streamlined requirements

for a subset of qualified facilities (“Tier I”)for a subset of qualified facilities (“Tier I”) Allow use of an SPCC Plan template Allow use of an SPCC Plan template

Amendments not effective until April 4, 2009; subject to public comment and EPA review

Overview of Amendments Overview of Amendments (continued)(continued)

Oil Production Facilities Oil Production Facilities Definition of Production FacilityDefinition of Production Facility SPCC Plan Preparation and Implementation Timeframe SPCC Plan Preparation and Implementation Timeframe Flowlines and Intra-facility Gathering Lines Flowlines and Intra-facility Gathering Lines Flow-through Process VesselsFlow-through Process Vessels Alternative Qualified Facility Eligibility Criteria for Alternative Qualified Facility Eligibility Criteria for

Production FacilitiesProduction Facilities Produced Water ContainersProduced Water Containers Oil and Natural Gas Pipeline Facilities Oil and Natural Gas Pipeline Facilities Definition of “Permanently Closed”Definition of “Permanently Closed”

Amendments not effective until April 4, 2009; subject to public comment and EPA review

Overview of Amendments Overview of Amendments (continued)(continued)

Other RevisionsOther Revisions Modify secondary containment requirement language at Modify secondary containment requirement language at

§112.7(c) to provide more clarity§112.7(c) to provide more clarity Revise facility diagram requirement to provide additional Revise facility diagram requirement to provide additional

flexibilityflexibility Exempt non-transportation-related tank trucks from the sized Exempt non-transportation-related tank trucks from the sized

secondary containment requirements secondary containment requirements Simplify security requirementsSimplify security requirements Amend the integrity testing requirements to allow greater Amend the integrity testing requirements to allow greater

flexibility flexibility Amend integrity testing requirements for animal fat and Amend integrity testing requirements for animal fat and

vegetable oil containers that meet certain criteria vegetable oil containers that meet certain criteria (continues…)

Amendments not effective until April 4, 2009; subject to public comment and EPA review

Overview of Amendments Overview of Amendments (continued)(continued)

Preamble ClarificationsPreamble Clarifications Clarify applicability of mobile refueler Clarify applicability of mobile refueler

requirements to farm nurse tanksrequirements to farm nurse tanks Clarify applicability of the rule to:Clarify applicability of the rule to:

Man-made structures Man-made structures Wind turbines used to produce electricityWind turbines used to produce electricity

Amendments not effective until April 4, 2009; subject to public comment and EPA review

Geographical Perspective Geographical Perspective Site Assessment Recon Tracking System (SARTS)Site Assessment Recon Tracking System (SARTS)