enviroclean-phase1

Phase I, SPCCs, Tier IIs, and Site Inspections

Presented by the Marginal Well Commission&

Enviro Clean Products & Services

January and February 2011

ASTM Standard E1527-05: Standard Practice for Environmental Site Assessments:

Phase I Environmental Site Assessment Process

BUYER BEWARE!

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Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)

U.S. Courts have held that a buyer, lessor, or lender may be held responsible for remediation of hazardous substance residues, even if a prior owner caused the contamination.

What is a Phase I ESA?

The practice that constitutes all appropriate inquiry into the previous ownership and uses of a property to satisfy one of the requirements to qualify for the innocent land owners defense to CERCLA.

Purpose of a Phase I

To identify any and all recognized environmental conditions (RECs).REC is defined as the presence or likely presence of any hazardous substances and/or petroleum products on a property and/or adjoining the property that indicate:

An existing release

A past release

A material threat of a release of any hazardous substance and/or petroleum products

into structures on the property or into the ground, groundwater, or surface water of a property and/or adjoining properties.

Why conduct an ESA prior to acquisition of a property by a prospective landowner:

Establishes an appropriate purchase price

Confirms suitability for the intended land use

Avoids potential tort liabilities

Avoids or plans for increased construction cost and delays

Complies with the due diligence requirements imposed by lenders and investors

What are the minimum qualifications for Environmental Professionals (EP) performing Phase I ESAs?

Hold a current Professional Engineers or Professional Geologists license or registration from a state, tribe, or U.S. territory and have the equivalent of 3 years of full-time relevant experience; or

Be licensed or certified by the federal government, a state, tribe, or U.S. territory to perform environmental inquiries and have the equivalent of 3 years of full-time relevant experience; or

Have a Baccalaureate or higher degree from an accredited institution of higher education in science or engineering and have the equivalent of 5 years of full-time relevant experience; or

Have the equivalent of 10 years of full-time relevant experience

Essential component of a Phase I ESA:

Record Review Includes an historical data review in the form of:

Aerial photos,

City directories

Sanborn Firm Insurance Maps

Topographic maps

Soil maps

ASTM E 1527-05 requires the review of historicalinformation back to the propertys first obviousdeveloped use or 1940, whichever is earlier.


User Information Specific obligations and responsibilities of the User of a Phase I ESA toprovide certain information to the EP:

Prospective property owner must, even in the absence of actual knowledge, consider the relationship of the purchase price to the fair market value of the property and evaluate whether a lower purchase price compared to the fair market value could be due to the presence of contamination.


Site Reconnaissance A comprehensive visit of the property identifying all:

Associated structures within the property

Current and past uses of the property

Current condition of the property

Obtain information relating to identifying any potential RECs associated with the property


Interviews To be conducted with:

Current property owners

Past property owners

(whenever possible) relating to their knowledge of previousor current environmental conditions as it relates to the property.

The AAI Rules also requires interviews with:

Owners and occupants of neighboring and nearby properties in cases where the property being acquired is abandoned, and there is evidence of potential unauthorized uses or uncontrolled access on such property.


Reporting Documenting all:

Records reviewed

Observations made during the site reconnaissance

Interview results

Any RECs observed and the conclusions and recommendations reached in this assessment

EP must also identify any data gaps that remain after conducting the ESA and comment on the significance of such data gaps with regard to the ability to identify potential environmental contamination.


Opinions/Recommendations and Certification The Environmental Professional must include in the final report:

An opinion regarding appropriate additional investigation, if they have such an opinion

Report must include a separate certification statement declaring that the EP meets the qualifications requirements and the investigation was performed in conformance with 40 CFR Part 312.

Phase I ESAs performed under ASTM E1527- 05 or AAI Rule do not address:

Asbestos Containing Building Materials (ACBM)

Mold

Lead (in paint and drinking water)

Radon

Indoor air quality/vapor intrusion

Wetlands

Threatened and Endangered species

These items may be addressed in a supplemental Scope ofWork to the Phase I ESA to meet a clients specific goals and price considerations.

Phase I Sampling:

Techniques applied in a Phase I ESA do NOT include actual collection of physical samples or chemical analyses of any kind. Actual sampling of soil, air, groundwater, surface water, and/or building materials is typically not conducted during a Phase I ESA.

Shelf Life of the Written Report:

The new ASTM E 1527-05 and the AAI Rulestates that all appropriate inquiries must be conducted within one year prior to the date onwhich a person acquires a property.

For additional information please contact:

Ken Murphy or Jonathan Behymer405.373.4545

www.EnviroCleanPS.com

SPCC Regulations for Production Facilities

Top 10 Questions About SPCCs

10. Will EPA make unannounced site visits?

10. Will EPA make unannounced site visits?

Current Emphasis Area Kay County

Citizen Complaints

In the area and see a problem

Referred by other operators

9. What are main deficiencies EPA cites for?

9. What are main deficiencies EPA cites for? Insufficient Paperwork

9. What are main deficiencies EPA cites for? Not reporting discharges to waters of the U.S.

9. What are main deficiencies EPA cites for?

Pollution Control LawsRules and Regulations

State: Oklahoma Corporation Commission

Reporting Requirements- 10 bbls or more on land

Federal: 40 CFR 112/Clean Water Act

Reporting Requirements- Any amount on or that has the potential for

reaching a navigable waterway

9. What are main deficiencies EPA cites for? - Insufficient Secondary Containment

8. What is navigable water?

8. What is navigable water? Navigable Waters

Currently, not as broad an interpretation as in prior years

Yes No

8. What is navigable water? Revisions to the Regulatory Definition of: Navigable Waters

The court decision also restored the regulatory definition of navigable waters promulgated by EPA in 1973; consequently, EPA is amending the definition of navigable waters in part 112 to comply with that decision.

The 1973 regulatory definition of navigable waters for the SPCC rule was published in the Federal register on December 11, 1973 (see 38 CFR 34165) and reads as follows:

8. What is navigable water? Revisions to the Regulatory Definition of: Navigable Waters

The term navigable waters of the United States means navigable waters as defined in section 502(7) of the FWPCA, and includes: (1) all navigable waters of the United States, as defined in judicial decisions prior to the passage of the 1972 Amendments of the Federal Water Pollution Control Act, (FWPCA) (Pub. L. 92-500) also known as the Clean Water Act (CWA), and tributaries of such waters as; (2) interstate waters; (3) intrastate lakes, rivers and streams which are utilized by interstate travelers for recreational or other purposes; and (4) intrastate lakes, rivers, and streams from which fish or shellfish are taken and sold in interstate commerce.

7. What is required for employee training?


112.7 (f)At a minimum:

Train oil handling personnel

Operation & Maintenance of equipment to prevent discharges

Discharge procedure protocols

Applicable pollution control laws, rules & regulations


General facility operations

Contents of the SPCC Plan

Plan must designate a person accountable for discharge prevention

Training must be at least once per year

Must highlight discharges & precautionary measures

6. If I change out a tank, do I need to revise my Plan?


Replace a tank with different size of tank - Yes

Replace a tank with same size of tank - No

Remove tank - Yes

Add a tank - Yes

6. If I change out a tank, do I need to revise my Plan? Definition of Permanently Closed

Preamble Clarification

SPCC rule exempts any oil storage container that is permanently closed.

Permanently closed means any container or facility for which:

(1) All liquid and sludge has been removed from each container and connecting line; and

(2) All connecting lines and piping have been disconnected from the container and blanked off, all valves (except for ventilation valves) have been closed and locked, and conspicuous signs have been posted on each container stating that it is a permanently closed container and noting the date of closure.

Definition of permanently closed does not require a container to be removed from a facility.

Permanently closed containers may be brought back into use as needed for variations in production rates and economic conditions.

Permanent closure requirements under the SPCC rule are separate and distinct from the closure requirements in regulations promulgated under Subtitle C of RCRA.

5. Does the 5 year review need to be recertified?


Material change - Yes

Administrative change - No

No change - No


Scheduled five-year reviews and Plan amendments are recorded in Table 0-1. This log must be completed even if no amendment is made to the Plan. Unless a technical or administrative change prompts an earlier review, the next scheduled review of this Plan must occur by August 12, 2015.

4. Do flow through process vessels need secondary containment?

4. Do flow through process vessels need secondary containment?

What is a flow through processvessel at an oil productionfacility?- Has the primary purpose of

separating the oil from otherfractions (water and/or gas) andsending the fluid streams to theappropriate container

- Can be horizontal or verticalseparation vessels (e.g., heater-treater, free-water knockout, gun-barrel, etc.

EPA has finalized a new compliance option for this type ofequipment.

4. Do flow through process vessels need secondary containment? - Technical Requirements

Does not require sized containment for separators, heater treaters, free water knock outs, gun barrels, etc.However

4. Do flow through process vessels need secondary containment? - Technical Requirements

In lieu of sized secondary containment

General secondary containment [112.7(c)]

Inspect or test vessels and components for leaks, corrosion or other conditions that could lead to a discharge

Promptly remove or initiate actions to stabilize and remediate any oil accumulation

AND

Take corrective action if a discharge occurs

3. What is required at loading areas?

3. What is required at loading areas? - General Secondary Containment 112.7 (c)

At a minimum you must use one of the following prevention systems or its equivalent:

Dikes, berms or retaining walls

Weirs, booms or other barriers

Curbing or drip pans

Spill diversion ponds

Sumps and collection systems

Retention Ponds

Culverting, gutters or other drainage system

Sorbent Materials

2. Are flowlines part of the tank battery?

2. Are flowlines part of the tank battery? Flowlines & Intra- facility Gathering Lines

Requirements

Instead of secondary containment for flowlines and intra- facility gathering lines, amended rule requires:

Contingency plan;

Written commitment of manpower, equipment, and materials; and

Flowline/intra-facility maintenance program meeting the new rule requirements.

New requirements are optional.

Gathering lines that are subject to the DOT regulatory requirements at 49 CFR parts 192 or 195 are exempt from the SPCC requirements.

2. Are flowlines part of the tank battery? Flowlines & Intra- facility Gathering Lines

Line Maintenance Program

Requirements for flowline and intra-facility gathering line maintenance program were made more specific for all facilities:

Compatibility with production fluids and conditions expected in the operational environment

Visual inspection and/or testing on a periodic and regular schedule

Frequency and type of testing must allow for the implementation of a contingency plan if there is no secondary containment

Corrective action or repairs

Prompt removal or initiation of actions to stabilize and remediate any accumulations of oil discharges

2. Are flowlines part of the tank battery?

1. What do I do, now that I have a plan?


P.E. certifies: that procedures for required inspections and testing have been established


Inspections and/or testing is specifically required for:

TanksFlowlinesDisposal FacilitiesFlow Through Process VesselsSecondary Containment

For additional information please contact:

Ken Murphy or Jonathan Behymer405.373.4545

www.EnviroCleanPS.com

Phase I, SPCCs, Tier IIs, and Site InspectionsASTM Standard E1527-05:Standard Practice for Environmental Site Assessments:Slide Number 3Slide Number 4Slide Number 5Slide Number 6Slide Number 7Slide Number 8Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)What is a Phase I ESA?Purpose of a Phase ISlide Number 12Why conduct an ESA prior to acquisition of a property by a prospective landowner:What are the minimum qualifications for Environmental Professionals (EP) performing Phase I ESAs?Slide Number 15Essential component of a Phase I ESA:Essential component of a Phase I ESA:Essential component of a Phase I ESA:Essential component of a Phase I ESA:Essential component of a Phase I ESA:Essential component of a Phase I ESA:Phase I ESAs performed under ASTM E1527-05 or AAI Rule do not address:Phase I Sampling:Shelf Life of the Written Report:Slide Number 25SPCC Regulations for Production FacilitiesTop 10 Questions About SPCCs10. Will EPA make unannounced site visits?10. Will EPA make unannounced site visits?9. What are main deficiencies EPA cites for?9. What are main deficiencies EPA cites for? Insufficient Paperwork9. What are main deficiencies EPA cites for? Not reporting discharges to waters of the U.S.9. What are main deficiencies EPA cites for?9. What are main deficiencies EPA cites for? - Insufficient Secondary Containment8. What is navigable water? 8. What is navigable water? Navigable Waters8. What is navigable water? Revisions to the Regulatory Definition of: Navigable Waters 8. What is navigable water? Revisions to the Regulatory Definition of: Navigable Waters7. What is required for employee training?7. What is required for employee training?7. What is required for employee training?6. If I change out a tank, do I need to revise my Plan?6. If I change out a tank, do I need to revise my Plan?6. If I change out a tank, do I need to revise my Plan? Definition of Permanently Closed6. If I change out a tank, do I need to revise my Plan?6. If I change out a tank, do I need to revise my Plan?5. Does the 5 year review need to be recertified?5. Does the 5 year review need to be recertified?5. Does the 5 year review need to be recertified?4. Do flow through process vessels need secondary containment?4. Do flow through process vessels need secondary containment?4. Do flow through process vessels need secondary containment? - Technical Requirements4. Do flow through process vessels need secondary containment? - Technical Requirements3. What is required at loading areas?3. What is required at loading areas? - General Secondary Containment 112.7 (c)2. Are flowlines part of the tank battery?2. Are flowlines part of the tank battery? Flowlines & Intra- facility Gathering Lines2. Are flowlines part of the tank battery? Flowlines & Intra- facility Gathering Lines2. Are flowlines part of the tank battery?1. What do I do, now that I have a plan?1. What do I do, now that I have a plan?1. What do I do, now that I have a plan?Slide Number 63

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