Oil Spill Prevention Oil Spill Prevention Regulations:Regulations:

Suggestions for Suggestions for ImprovementImprovement

Alaska Department of Environmental Alaska Department of Environmental ConservationConservation

Spill Prevention and Response DivisionSpill Prevention and Response DivisionIndustry Preparedness ProgramIndustry Preparedness Program

Craig Wilson

May 3, 2005

Contingency Plan Contingency Plan Regulations Project (CPR)Regulations Project (CPR)

Multi-phase, multi-year project to Multi-phase, multi-year project to comprehensively review and update comprehensively review and update the oil discharge prevention and the oil discharge prevention and contingency plan regulations in 18 contingency plan regulations in 18 AAC 75AAC 75

Phase 1 completed May 2004Phase 1 completed May 2004 Currently in Phase 2Currently in Phase 2

Goals of the Phase 2Goals of the Phase 2 Make the regulations efficient and enhance Make the regulations efficient and enhance

clarity. clarity. The regulations should “fill in the gaps” where The regulations should “fill in the gaps” where

other requirements are either non-existent or other requirements are either non-existent or inadequate. inadequate.

The regulations should complement other The regulations should complement other requirements and form a comprehensive, requirements and form a comprehensive, coherent regulatory regime. coherent regulatory regime.

Currency of standards. Currency of standards. Present regulations last revised early 1990s.Present regulations last revised early 1990s.

Predictability in enforcement.Predictability in enforcement.

ScheduleSchedule July 2004 – Letter sent to all plan holdersJuly 2004 – Letter sent to all plan holders

Asked five basic questionsAsked five basic questions Solicited comments, suggestionsSolicited comments, suggestions

November 2004 – Public Workshop, November 2004 – Public Workshop, AnchorageAnchorage

April 1, 2005 – Discussion paper issuedApril 1, 2005 – Discussion paper issued July 1, 2005 – End of informal comment periodJuly 1, 2005 – End of informal comment period Fall, 2005 – Formal comment period on Fall, 2005 – Formal comment period on

proposed rulemakingproposed rulemaking February 2006 – New regulations adoptedFebruary 2006 – New regulations adopted

Discussion PaperDiscussion Paper Published April 1, 2005, available on Published April 1, 2005, available on

websitewebsite Designed to stimulate discussionDesigned to stimulate discussion Provides a target to shoot at for Provides a target to shoot at for

commentscomments Nothing is fixed in stone at this pointNothing is fixed in stone at this point ADEC will be accepting informal ADEC will be accepting informal

comments on the paper until July 1, comments on the paper until July 1, 20052005

Summary of Considered Summary of Considered ChangesChanges

Update references to third party standards and delete 18 AAC 75.090.Update references to third party standards and delete 18 AAC 75.090. Increase prevention training and documentation requirements. Increase prevention training and documentation requirements. Preventative booming during vessel transfers for combustible liquids and Preventative booming during vessel transfers for combustible liquids and

unsegregated ballast water.unsegregated ballast water. Performance standard for lightering equipment for laden oil tank vessels and oil Performance standard for lightering equipment for laden oil tank vessels and oil

barges.barges. Impermeable wellhead sumps for exploration and production wells and artificial Impermeable wellhead sumps for exploration and production wells and artificial

islands.islands. Leak detection requirements for crude oil transmission pipelines from 1% of daily Leak detection requirements for crude oil transmission pipelines from 1% of daily

throughput to .5% of daily throughput and add computational pipeline monitoring throughput to .5% of daily throughput and add computational pipeline monitoring (CPM) system regulations.(CPM) system regulations.

Shop-fabricated tanks under 50,000 gallon capacity must meet UL142 construction Shop-fabricated tanks under 50,000 gallon capacity must meet UL142 construction and STI SP001-03 inspection standards. Non-standard taken out of service by 2015.and STI SP001-03 inspection standards. Non-standard taken out of service by 2015.

Vaulted, self-diked, and double-walled tanks are defined in regulation, and exempted Vaulted, self-diked, and double-walled tanks are defined in regulation, and exempted from some secondary containment requirements.from some secondary containment requirements.

Adopt the NACE standard for cathodic protection for both tanks and piping.Adopt the NACE standard for cathodic protection for both tanks and piping. Adopt ASME B31.3 and B31.4 design standards and API 570 inspection standards Adopt ASME B31.3 and B31.4 design standards and API 570 inspection standards

for facility piping.for facility piping. Define “facility oil piping”.Define “facility oil piping”. Revise the prevention plan portion of the c-plan, include annual self-certification Revise the prevention plan portion of the c-plan, include annual self-certification

requirement.requirement. Approval criteria for spill prevention training and the prevention plan portion of the Approval criteria for spill prevention training and the prevention plan portion of the

c-plan.c-plan.

What Isn’t IncludedWhat Isn’t Included Tanker Escort SystemTanker Escort System Homeland Security / Terrorism IssuesHomeland Security / Terrorism Issues Pipeline valves / Federal pipeline standardsPipeline valves / Federal pipeline standards Risk-based inspection under API 653Risk-based inspection under API 653 Refined product pipelinesRefined product pipelines Gathering linesGathering lines Process flow linesProcess flow lines ??

Alaska Administrative Alaska Administrative Procedures Act (APA)Procedures Act (APA)

Formal regulatory Formal regulatory process governed process governed by statuteby statute

Governs process, Governs process, format, style, and format, style, and grammargrammar

Takes a minimum Takes a minimum of 90 – 120 days to of 90 – 120 days to complete if no complete if no contentious issuescontentious issues

18 AAC 75, Article 1 – Oil 18 AAC 75, Article 1 – Oil Pollution PreventionPollution Prevention

Major changes listed in discussion paperMajor changes listed in discussion paper Separating out spill prevention trainingSeparating out spill prevention training Protective booming for combustible liquid Protective booming for combustible liquid

transferstransfers .5% leak detection standard for crude oil .5% leak detection standard for crude oil

transmission pipelinestransmission pipelines CPM for pipelinesCPM for pipelines UL142 standard for tank construction UL142 standard for tank construction STI inspection standardSTI inspection standard Piping standards (API 570, ASME B31.3, Piping standards (API 570, ASME B31.3,

B31.4)B31.4)

Prevention TrainingPrevention Training Moved into its own section & Moved into its own section &

expandedexpanded Listing of job descriptions and Listing of job descriptions and

training level neededtraining level needed Maintain records for 5 yearsMaintain records for 5 years

Oil Transfers from Oil Transfers from VesselsVessels

Protective booming for transfers of Protective booming for transfers of combustible liquids and oily ballast watercombustible liquids and oily ballast water

Performance standard for lightering tank Performance standard for lightering tank vessels and oil bargesvessels and oil barges

Exploration & Production Exploration & Production FacilitiesFacilities

Changed “offshore platform” to “marine Changed “offshore platform” to “marine structure” structure”

Impermeable wellhead sumps for new Impermeable wellhead sumps for new wells onshore and on artificial islandswells onshore and on artificial islands

PipelinesPipelines Leak detectionLeak detection

Changed from 1% Changed from 1% to .5% of daily to .5% of daily throughputthroughput

Computational Computational Pipeline Monitoring Pipeline Monitoring (CPM)(CPM) API 1130 StandardAPI 1130 Standard

Aboveground Storage Tanks Aboveground Storage Tanks & Secondary Containment& Secondary Containment

Non-adoption of API 653 risk-Non-adoption of API 653 risk-based inspectionbased inspection

UL 142 standard for tanks UL 142 standard for tanks less than 50,000 gallon less than 50,000 gallon capacitycapacity

STI SP001-03 inspection STI SP001-03 inspection standard for shop fabricated standard for shop fabricated tankstanks

NACE 0193-2001 cathodic NACE 0193-2001 cathodic protection standardprotection standard

Recognition of double-walled Recognition of double-walled and self-diked tank designsand self-diked tank designs

Facility Piping DefinitionFacility Piping Definition ““facility oil piping” means piping and associated fittings facility oil piping” means piping and associated fittings

originating or terminating at an oil storage tank regulated originating or terminating at an oil storage tank regulated under 18 AAC 75.065 or an exploration or production well, under 18 AAC 75.065 or an exploration or production well, located within the boundaries of an oil terminal, crude oil located within the boundaries of an oil terminal, crude oil transmission pipeline, exploration or production facility, transmission pipeline, exploration or production facility, including all valves, elbows, joints, flanges, pumps, and including all valves, elbows, joints, flanges, pumps, and flexible connectors, up to the:flexible connectors, up to the: (A) Union of the piping with a fuel dispensing system;(A) Union of the piping with a fuel dispensing system; (B) Marine header;(B) Marine header; (C) Fill cap or fill valve;(C) Fill cap or fill valve; (D) Forwarding pump used to transfer oil between facilities, (D) Forwarding pump used to transfer oil between facilities,

between adjacent pump stations, or between a pressure pump between adjacent pump stations, or between a pressure pump station and a terminal or breakout tank; station and a terminal or breakout tank;

(E) First flange or connection within the loading rack (E) First flange or connection within the loading rack containment area; orcontainment area; or

(F) First choke or valve inside a manifold building, or if a (F) First choke or valve inside a manifold building, or if a manifold building is not present at the well pad, the first choke manifold building is not present at the well pad, the first choke or valve inside a gathering center or flow station or valve inside a gathering center or flow station

Facility PipingFacility Piping ASME B31.3 & ASME B31.3 &

B31.4 design B31.4 design standardsstandards

API 570 inspection API 570 inspection standardsstandards

NACE RP0169-NACE RP0169-2002 standard for 2002 standard for cathodic protectioncathodic protection

18 AAC 75, Article 4 – Oil 18 AAC 75, Article 4 – Oil Discharge Prevention & Discharge Prevention &

Contingency PlansContingency Plans Revision of Prevention Plan contentsRevision of Prevention Plan contents

Direct linkage to Article 1 requirementsDirect linkage to Article 1 requirements Annual prevention measures review & Annual prevention measures review &

certificationcertification Response Planning Standard Response Planning Standard

documentation requirementdocumentation requirement Approval criteria for spill prevention Approval criteria for spill prevention

training and prevention plan contentstraining and prevention plan contents

18 AAC 75, Article 9 - 18 AAC 75, Article 9 - DefinitionsDefinitions

Where possible, definitions were Where possible, definitions were moved into the appropriate sections.moved into the appropriate sections.

New definitionsNew definitions Cathodic protectionCathodic protection Corrosion termsCorrosion terms Placed in service/removed from servicePlaced in service/removed from service

For More Information & For More Information & UpdatesUpdates

Website - Website - http://http://www.dec.state.ak.us/spar/ipp/cpr.htmwww.dec.state.ak.us/spar/ipp/cpr.htm Automated email list serverAutomated email list server

Email – Email – Craig_Wilson@dec.state.ak.usCraig_Wilson@dec.state.ak.us Craig WilsonCraig Wilson

Spill Prevention & Response DivisionSpill Prevention & Response DivisionAlaska Department of Environmental Alaska Department of Environmental ConservationConservation410 Willoughby Ave., Suite 303410 Willoughby Ave., Suite 303Juneau, AK 99801Juneau, AK 99801voice: (907) 465-5204voice: (907) 465-5204fax: (907) 465-5245fax: (907) 465-5245