The New ABC’s of SPCC

(Spill Prevention Control and

Countermeasure)Rules

2010 Diane PerkinsAll Rights Reserved

Spill Prevention, Control, and Countermeasure Rule, 40 CFR

112

Establishes procedures, methods, and equipment requirements to prevent oil spills that could reach navigable waters.

Requires that facilities develop and implement Spill Prevention, Control, and Countermeasure (SPCC) Plans.

Applicability

SPCC rules apply to non- DOT facilities that store, produce, process or use oil and oil products and that have more than 31 BBLs (1,320 gallons) of oil onsite which could discharge harmful quantities of oil into navigable water or adjoining shorelines.

Applicability

Includes Facilities with:

– Aboveground tanksAboveground tanks– Completely buried tanksCompletely buried tanks– Temporary storage tanksTemporary storage tanks– Bunkered tanksBunkered tanks– Oil filled operational Oil filled operational

equipment (e.g. wind turbines, equipment (e.g. wind turbines, transformers, hydraulic transformers, hydraulic systems, etc.)systems, etc.)

Excluded

– Facilities that could not have a Facilities that could not have a discharge to navigable water;discharge to navigable water;

– DOT, MMS, DOI facilities;DOT, MMS, DOI facilities;– Completely buried capacity less Completely buried capacity less

<42,000 gallons (Part 280 USTs);<42,000 gallons (Part 280 USTs);– Aboveground storage capacity Aboveground storage capacity

<1,320 gallons (Must count 55 <1,320 gallons (Must count 55 gallons drums);gallons drums);

– 55 gallon drums;55 gallon drums;– Wastewater treatment facilities.Wastewater treatment facilities.

Also Excluded

– Hot mix asphalt and hot mix asphalt Hot mix asphalt and hot mix asphalt containers.containers.

– Pesticide application equipment.Pesticide application equipment.– Residential heating oil tanks.Residential heating oil tanks.– Diesel USTs at nuclear power plants.Diesel USTs at nuclear power plants.– NNon-transportation-related trucks (from

sized secondary containment requirements).

– Motive power containers, aka an automotive gas tanks.

Definition: Discharge

Term is defined as including, but not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping of oil.

Definition: Harmful Quantity

1. Any amount of oil that violates applicable water quality standards;2. Causes a film or sheen upon, or

discoloration of the surface of the water or adjoining shorelines;

3. Causes a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines.

Definition: Navigable Water

Term only includes:1) All navigable water of the United States per judicial decisions prior to 1972 and tributaries of those waters;2) Interstate waters;3) Intrastate lakes, rivers, and streams which are utilized by interstate travelers for recreational or other purposes;4) intrastate lakes, rivers and streams from which fish or shellfish are taken and sold in interstate commerce.

Background

1972 – Congress passed the Federal Water Pollution Control Act, amended in 1977 as Clean Water Act, primary Federal statute for protection of water resources in U.S. Initial (1973) SPCC regulations adopted by U.S. Environmental Protection Agency.

January 1988: Ashland Oil Company’s 4 million gallon aboveground storage tank collapsed spilling 3.8 million gallons of diesel fuel into Monongahela and Ohio Rivers. Drinkingwater supplies impacted for 1 million people in Pennsylvania, Ohio and West Virginia.

Background (continued)

Background (continued)

In response to the Ashland oil spill, EPA formed an SPCC Task Force to:

Focus on the prevention of large, catastrophic oil spills.

Make recommendations on the SPCC program.

Background(continued)

March 1990: Exxon Valdez spilled 11 million gallons of crude oil into Prince William Sound.

In response, Congress enacted the Oil Pollution Act (OPA’ 90) which, among other things, required certain oil storage facilities to prepare Facility Response Plans (FRPs).

Background (continued)

New law led to complete overhaul of SPCC rules. Series of new rules proposed 1991, 1993, 1994, 1997, and 1999.2002- New SPCC rules adopted by U.S. EPA. American Petroleum Institute et al. sued EPA.

EPA adopted revised rules in 2006, 2008 and 2009 but repeatedly delayed compliance dates ….

Background (continued)January 14, 2010: All rules became effective.

November 10, 2010.*Compliance date for all facilities (except new oil production ). New oil production facilities have up to 6 months after completion of facility.

http://ecfr.gpoaccess.gov. (Title 40, Part 112)

SPCC Rules Make a Difference

Organization of the SPCC RuleSubpart A All facilities and all types

of oil.Subpart B Petroleum oils and non

petroleum oils. Except those oils covered in Subpart C.

Subpart C Animal fats, oils and greases, fish

and marine oils, vegetable oils from seeds,

nuts, fruits and kernelsSubpart D Response Requirements

for Significant and Substantial Harm Facilities

Significant and Substantial Harm Facilities

There are special SPCC rules that apply to “Substantial” and to “Significant and Substantial” Harm facilities.

Subpart D-Facility Response Plans (FRPs) rules published 1993 and 2000.

Substantial Harm Facilities

Transfers oil over water to or from vessels and has a storage capacity >42,000 gallons.

Significant and Substantial Harm Facility

Has a total storage capacity > 1,000,000 gallons and:

– No secondary containment for tanks; orNo secondary containment for tanks; or– Proximity to sensitive area; orProximity to sensitive area; or– Proximity to drinking water intake; orProximity to drinking water intake; or– History of spillsHistory of spills

Are You Qualified?

Special rules for self-certification apply to Qualified Facilities:

Tier I: < 5,000 gallons storage and no single discharge > 1,000 gallons or 2 discharges > 42 gallons in any 12 month period for past three years.

Tier II: <10,000 gallons storage and no single discharge > 1,000 gallons or 2 discharges > 42 gallons in any 12 month period for past three years.

Devilish Details

SPCC Plan must :1. Be written;2. Have full approval of management

to commit resources to implement Plan;

3. Be kept at attended facility;4. Be available to EPA for on-site

review during normal working hours;

Devilish Details (continued)

5. Reviewed and amended whenever changes are made to facility or procedures;

6. Reviewed every 5 years to include more effective pollution control technology (review documented);

7. Be initially certified by a Professional Engineer (except Tier I or Tier II) and re-certified whenever amended;

Devilish Details(continued)

8. SPCC Plans must be submitted to the US EPA Regional Administrator whenever a facility has a discharge of more than 1,000 gallons (23 BBL) of oil in a single event or discharges more than 42 gallons (1 BBL) of oil in each of two discharges in a 12-month period.

Primary Components of SPCC Plan 40 CFR 112.7

1. Physical description of facility;2. Facility Diagram with location,

contents and capacity of fixed containers,

drum storage areas, transfer stations and connecting pipes, as well as the location of “exempt” tanks and pipelines;

Primary Components of SPCC Plan 40 CFR 112

3. Procedures for discharge prevention, discharge control and routine handling of oil;

4. Discharge or drainage controls (dikes, valves);

Primary Components of SPCC Plan 40 CFR 112

5. Procedures for discharge discovery, response, cleanup and reporting;

6. Contact list and phone numbers forfacility, NRC, state and federal agencies, and cleanup contractors;

Primary Components of SPCC Plan (continued)

7. Methods of disposal for recovered materials;

8. Procedures to gather information to be relayed to National Response Center; (usually a fact form)

Primary Components of SPCC Plan (continued)

9. Prediction of direction, rate and quantity of oil that could be discharged from each type of major equipment failure;

Primary Components of SPCC Plan (continued)

10. Requirements to use a form of secondary containment, diversion structure, barriers or sorbent materials to prevent discharge of oil;

Primary Components of SPCC Plan (continued)

If secondary containment not If secondary containment not practicable:practicable:

1.1.Must perform periodic integrity testing Must perform periodic integrity testing of bulk storage containers and periodic of bulk storage containers and periodic integrity and leak testing of valves and integrity and leak testing of valves and piping;piping;

2.2.Develop Oil Spill Contingency Plan (40 Develop Oil Spill Contingency Plan (40 CFR 109); andCFR 109); and

3.3.Provide written commitment of Provide written commitment of manpower, equipment and materials to manpower, equipment and materials to remove any quantity of oil discharged remove any quantity of oil discharged that may be harmful.that may be harmful.

Top 3 Secondary Containment Traps

1. No fixed size (i.e. 110%) or permeability of wall or floors;

2. No enforceable requirement for amount of freeboard (i.e. 25 year storm);

3. Must subtract volume of primary containers when calculating volume of secondary containment;

Primary Components of SPCC Plan (continued)

11. Procedures for conducting inspections and tests (records of inspections must be kept with Plan for 3 years);

12. Designation of person accountable for dischargeprevention who reports

to management;

Primary Components of SPCC Plan (continued)

13. Procedures for Personnel Training: 1.1. Annual training for oil handling Annual training for oil handling

personnelpersonnel

2.2. Discharge prevention equipment Discharge prevention equipment operationoperation

3.3. Pollution control laws and rulesPollution control laws and rules

4.4. General facility operationsGeneral facility operations

5.5. Contents of SPCC PlanContents of SPCC Plan

Primary Components of SPCC Plan (continued)

14. Description of Facility Security that includes how:

Valves, starter controls, pumps are secured from unauthorized access;

Master Flow valves closed/locked Locked starter controls on pumps Load lines are capped or blank-flanged Facility Lighting is appropriate for

release discovery and to prevent vandalism.

Primary Components of SPCC Plan (continued)

15. Facility tank car and tank truck loading/unloading racks must include:

1.1. Containment system for largest Containment system for largest single compartment of tank or truck;single compartment of tank or truck;

2.2. Interlocked warning light or warning Interlocked warning light or warning signs, wheel chocks, physical barrier signs, wheel chocks, physical barrier or brake interlock to prevent or brake interlock to prevent accidental disconnect;accidental disconnect;

3.3. Inspection of lower drains on Inspection of lower drains on vehicles to prevent discharge.vehicles to prevent discharge.

Primary Components of SPCC Plan (continued)

16. Evaluation of field constructed containers for brittle fracture; and

17. Discussion of Plan conformance with more stringent State rules, regulations.

November 2009 Amendments

Significant ChangesPrescriptive requirements added for E&P

flow line maintenance program! Written maintenance program that Written maintenance program that

ensures flow lines are compatible with ensures flow lines are compatible with fluids, potential corrosivity, volume, and fluids, potential corrosivity, volume, and pressures;pressures;

Documented visual inspections on Documented visual inspections on regular schedule;regular schedule;

Make repairs as indicated by inspections;Make repairs as indicated by inspections; Remove, stabilize or remediate Remove, stabilize or remediate ANY ANY

accumulation of oil discharge associated accumulation of oil discharge associated with flow lines.with flow lines.

The EPA giveth and the EPA taketh away

Exemption removed for produced Exemption removed for produced water containers. Secondary water containers. Secondary containment requirements now apply containment requirements now apply to produced water tanks.to produced water tanks.

Removed criteria related to stripper Removed criteria related to stripper wells from the definition of Qualified wells from the definition of Qualified Facility. Tier I and II facilities are Facility. Tier I and II facilities are defined by oil storage only. defined by oil storage only. Production status of wells is irrelevant.Production status of wells is irrelevant.

SPCC Rules

A- Are detailed, but reduce oil spills.

B- Became effective 01/14/2010.C- Contain specific requirements for

procedures, methods and equipment to prevent the discharge of oil into navigable water.

Questions?

Cirrus Associates, LLC

1771 International Parkway Suite 107Richardson, Texas 75081(972) 680-8555dperkins@cirrusassociates.com

Dallas Houston