spcc & ccp issues
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SPCC & CCP Issues. Jim Roewer APPA E&O Conference April 12, 2006. Spill Prevention Control & Countermeasures (SPCC) Regulations. SPCC Rule Revisions. SPCC Amendments Published July 17, 2002 Federal Register (67 Fed. Reg. 47042) - PowerPoint PPT PresentationTRANSCRIPT
SPCC & CCP Issues
Jim Roewer
APPA E&O Conference
April 12, 2006
Spill Prevention Control & Countermeasures(SPCC) Regulations
SPCC Rule Revisions
SPCC Amendments Published July 17, 2002 Federal Register (67 Fed. Reg. 47042)
Original Proposal October 22, 1991; Amendments Proposed February 17, 1993 & December 2, 1997)
Effective Date August 16, 2002
Compliance Timeframes
Revisions to plans must be made by February 17, 2003, implemented by August 18, 2003
New facilities must have plan before commencing operations
Acquired facilities considered already operational and must have plans in place
Compliance Timeframes
Revisions to plans must be made by February 17, 2006, implemented by August 18, 2006
New facilities must have plan before commencing operations
Acquired facilities considered already operational and must have plans in place
Oil-filled Equipment & Small Facility SPCC Rule
ANPR September 2004 Proposed Rules December 2005 Extension of Compliance Deadlines to
October 31, 2007 (or 1 year from Final Rule) Tailored SPCC Program for Electrical
Equipment & Small Facilities Comment Deadlines January (extension) and
February (substance) 2006
Threshold Determination
Applies to facilities that “could reasonably be expected to discharge oil … into or upon navigable waters ….” (40 C.F.R. §§112(a)(1) & (b))
Man-made features cannot be considered Volume threshold >1320 gallons Containers <55 gallons exempted
Electrical Equipment
Oil-filled equipment is subject to rule Equipment volume included in threshold
determination Equipment excluded from “bulk storage
container” definition, avoids requirements for: bulk storage secondary containment corrosion protection periodic integrity testing inspection
Containment/Diversionary Structures
All regulated facilities required to provide containment and/or diversionary structures or equipment to prevent a discharge of oil
Diversionary structures: dikes, berms, retaining walls curbing culverting, gutters, drainage systems weirs, booms, other barriers spill diversion ponds retention ponds sorbent materials
Electrical Equipment
Oil-filled electrical equipment from which no discharge in last 10 years & is subject to monitoring &inspection does not need general secondary containment (waiver of PE’s determination of impracticability determination)
Discharges from Electrical Substations ~20/Year
Small Facilities
Facilities with cumulative volumes <10,000 gallons still need SPCC plan, but SPCC Plans do not need to be certified by a PE Potential reduction in cost/administrative activities May limit flexibility (e.g., determination of
impracticability, environmental equivalence)
SPCC “Loose Ends” Rulemaking
Will address other issues arising from 2002 SPCC Amendments
Expected to address differentiation of petroleum v vegetable/animal oils as per the Edible Oil Regulatory Reform Act (“EORRA”)
EPA announced plans for proposal in 2006, but ….
SPCC Summary
Compliance Deadlines Extended to October 31, 2007
Proposed Relief for Small Facilities (<10,000 gal)
Proposed Relief from Secondary Containment for Electrical Equipment
“Loose Ends” Rule, including Differentiation
Coal Combustion Product (CCP)
Management Issues
CCP Regulatory Background
August 1993 & May 2000 Non-Hazardous Regulatory Determinations
Rulemaking Schedule: CCP Disposal
August 2006 Proposal; Final Rule August 2007 Mineplacement
October 2007 Proposal; Final Action 2008
CCP Management Issues
EPA’s Concerns: Groundwater Monitoring CCP Placement in Sand & Gravel Mines (Non-engineered
Sites) Dry Handling of CCPs Mill Rejects Management Mineplacement Utilization
Regulatory Options: CCP Disposal
National Subtitle D Standards Application of Industrial D Guidance Implementation of USWAG CCP Action Plan Status Quo (State Regulatory Control)
DOE/EPA Report on New Facilities June 2006
Regulatory Options: CCP Mineplacement
RCRA Standards SMCRA Standards Status Quo (State Regulatory Control Under
SMCRA and/or RCRA Authorities)
NAS Report on Mineplacement February 2006
CCP Management Challenges
Damage Case Resolution Survey of New Disposal Facilities Subtitle D Regulations Enviros’ Lawsuits Mercury Rules/Multi-Pollutant Legislation
Hg & Multi-Pollutant Impact on CCPs
Increase in FGD generation Decrease in CCP generated due to decrease
in coal consumption Impact on ash quality due to SCR, low-NOX
burners, Hg control Challenge to CCP utilization
CCP Issues Summary
Regulatory Future Uncertain Non-hazardous Status of CCPs Critical Disposal & Mineplacement Regulations
CAA Implementation Will Affect CCPs Regulatory Status Unlikely to be Affected Impact on Utilization Possible
Utilization Activities Key
