Spill Prevention, Control, and Countermeasure (SPCC) Rule Update U.S. Environmental Protection Agency Office of Emergency Management Oil Program November 2004

SPCC Update Outline Introduction-What is SPCC? Regulatory History Implementation Issues Next Steps Continues

Spill Prevention, Control, and Countermeasure Rule Establishes procedures, methods, and equipment requirements to help prevent oil spills that could reach navigable waters. Requires that facilities develop and implement Spill Prevention, Control, and Countermeasure (SPCC) Plans.

Scope of the SPCC Rule Applies to non-transportation related facilities that: – Could reasonably be expected to discharge oil into navigable waters of the United States or adjoining shorelines, and – Have an aggregate aboveground storage capacity greater than 1,320 gallons (counting only containers with a capacity of 55 gallons or more), or – Have a total underground storage capacity greater than 42,000 gallons. Excludes permanently closed containers and completely buried storage tanks subject to all technical requirements of 40 CFR Parts 280 and 281.

Organization of the Rule Subpart AAll facilities and all types of oil Subpart BPetroleum oils and non-petroleum oils Except those oils covered in Subpart C. Subpart CAnimal fats and oils and greases, and fish and marine mammal oils; and vegetable oils from seeds, nuts, fruits, and kernels Subpart DResponse requirements

Subpart A All Facilities, All Types of Oil Section – General applicability Section – Definitions Section – Requirement to prepare and implement Plans, including: Compliance dates Professional Engineer certification Maintaining and making Plan available Extension of time Continues

Subpart A All Facilities, All Types of Oil (continued) Section – Amendment of SPCC Plan by Regional Administrator Section – Amendment of SPCC Plan by owners or operators Section – Prepare Plans in writing and according to good engineering practices – Management approval – Alternative formats

Section General Requirements 112.7, General requirements for SPCC Plans (a) General facility description, including: Type of oil and storage capacity, physical layout, and diagram Discharge prevention measures Discharge and drainage controls Countermeasures for discharge discovery,response, and cleanup Methods of disposal of recovered materials Contact list and phone numbers (b) Description of potential discharges from equipment failure (c)Appropriate secondary containment

Section General Requirements (continued) 112.7, General requirements for SPCC Plans (continued) (d)Impracticability of secondary containment (e)Inspections, tests, and records (f)Personnel, training, and discharge prevention procedures (g)Security measures (h)Facility tank car and tank truck loading/unloading rack (i) Evaluation of containers for brittle fracture or other catastrophe (j) Conformance with applicable requirements and procedures

Subparts B and C Specific Facility Requirements Sections and – Onshore Facilities (excluding production facilities) Facility drainage – 112.8(b) and (b) Bulk storage containers – 112.8(c) and (c) Facility transfer operations – 112.8(d) and (d) Section – Oil Production Facilities (onshore) Section – Oil Drilling and Workover Facilities (onshore) Section – Oil Drilling, Production, or Workover Facilities (offshore)

Spill Prevention, Control, and Countermeasure (SPCC) Rule Update SPCC Regulatory History

SPCC Rule Timeline 1974Initial Promulgation Original requirements for SPCC Plan preparation, implementation, and amendment. 1991Proposed Rule Revise applicability and SPCC Plan procedures, and add a facility notification provision. 1993Proposed Rule Implement Oil Pollution Act of 1990-response plan requirements and make minor technical changes. 1997Proposed Rule Reduce the information collection burden. Continues

SPCC Rule Timeline (continued) 2002Final Rule: SPCC Rule Amendments Incorporates many of the proposed modifications. 2003Final Rule: Compliance Date Extension Additional time to prepare and update SPCC Plans. 2004Final Rule: Compliance Date Extension Additional time to understand published clarifications. 2004NODAs Certain Facilities and Oil-filled and Process Equipment FutureGuidance, Rulemaking, and Outreach Address additional issues as appropriate.

Ashland Oil Spill In 1988, an aboveground storage tank owned by the Ashland Oil Company collapsed and spilled approximately 3.8 million gallons of diesel fuel. Approximately 750,000 gallons were released into the Monongahela River. EPA formed an SPCC Task Force to: – Focus on the prevention of large, catastrophic oil spills. – Make recommendations on the SPCC program.

Photos courtesy of NOAA Office of Response and Restoration, National Ocean Service

2002 Final Rule Revised rule incorporates suggestions of the SPCC Task Force following the Ashland Oil Spill. Is performance-based rather than prescriptive. Incorporates aspects of the 1991, 1993, and 1997 proposals. Uses a new format and Plain English style.

Overview of Rule Changes Provides regulatory relief: – Exempts completely buried tanks, small containers, and most wastewater treatment systems. – Raises the regulatory threshold. – Reduces information required after a discharge, and raises the regulatory trigger for submission. – Increases the frequency of Plan review from 3 to 5 years. – Allows for alternative formats for SPCC Plans with cross-reference. Continues

Overview of Rule Changes (continued) Clarifies applicability for the operational use of oil. Makes the Professional Engineer certification more specific. Clarifies mandatory requirements. Establishes brittle fracture evaluation. Clarifies employee training requirements. Allows flexibility in meeting many rule provisions by providing equivalent environmental protection or developing contingency plans.

Spill Prevention, Control, and Countermeasure (SPCC) Rule Update Implementation Issues

Compliance Date Extensions Compliance dates for the SPCC amendments were extended in 2003 and 2004 (§§112.3(a) and (b)). – Provides additional time for regulated community to update or prepare Plans, especially following the litigation settlement (2004 extension). – Alleviates the need for individual extension requests. The 2004 extension also amended the compliance deadlines for onshore and offshore mobile facilities (§112.3(c)).

Current Compliance Dates A facility starting operation... Must... On or before 8/16/02Maintain existing Plan Amend Plan no later than 2/17/06 Implement Plan no later than 8/18/06 After 8/16/02 through 8/18/06 Prepare and implement a Plan no later than 8/18/06 After 8/18/06Prepare and implement a Plan before beginning operations Onshore and offshore mobile facilities must prepare, implement, and maintain a Plan as required by the rule. – A facility must amend and implement the Plan, if necessary to ensure compliance with the rule, on or before 8/18/06.

Litigation – Loading racks – Impracticability – Produced water and wastewater treatment – Integrity testing – Security – Facility – Navigable waters (Not resolved through settlement) Lawsuits filed by American Petroleum Institute, Petroleum Marketers Association of America, and Marathon Oil. Terms of partial settlement published in Federal Register on Tuesday May 25, 2004 (69 FR ) Litigation Issues:

Notices of Data Availability Considering alternative approaches to ensure protection from oil spills. – Facilities that handle oil below a certain threshold amount – Oil-filled and process equipment Published notices in the Federal Register on Monday September 20, 2004 (69 FR 56182) Information available for public review and comment. – Comment period ends November 19, – See for more information.

Notices of Data Availability Certain Facilities The following areas discussed in the NODA documents are examples of the kinds of data we request be submitted: – Data to support development of criteria (e.g. facility oil capacity, activity, etc.) to define a threshold for streamlined requirements for certain facilities. – Spill rates for facilities handling oil in various amounts – Cost differences for preparation and PE certification for the SPCC Plan related to size of facility or amount of oil handled. – SPCC compliance rates for facilities handling oil in various amounts We are not soliciting comments in this NODA on any other topic

Small Business Administration Small Facility Initiative Responds to complaints that PE certification would be too expensive for small facilities. Tiered requirements based on facility oil storage capacity: Tier 1 1, ,000 gal No written SPCC Plan. Tier 2 5, ,000 gal Written SPCC Plan, but not PE certified. Tier 3 Greater than 10,000 gal SPCC Plan with PE certification.

Notices of Data Availability Oil-Filled and Process Equipment The following areas discussed in the NODA documents are examples of the kinds of data we request be submitted: – Data to support development of criteria to define oil- filled and process equipment – Data to support the development of streamlined requirements for facilities with oil-filled and process equipment. We are not soliciting comments in this NODA on any other topic

Oil-Filled Electrical Equipment Utility Solid Waste Activities Group proposes amendments to oil-filled electrical equipment. Two recommendations: – Base regulatory threshold for oil-filled operating equipment on storage capacity of each piece of equipment, rather than aggregate capacity of facility. – Establish tiered requirements based on the oil storage capacity.

Spill Prevention, Control, and Countermeasure (SPCC) Rule Update Next Steps

Extension During the extension… The regulated community will update/prepare Plans and have additional time to understand recent clarifications of the rule. EPA is developing guidance to address the performance- based nature of the rule. Facilities must maintain a Plan in accordance with the extension. After the extension… Regional Guidance will be available to the public Facilities must have an SPCC Plan in compliance with revised rule provisions. EPA will address additional issues as needed.

Regional Guidance EPA acknowledges there are additional policy issues that require clarification and is working to address them. Clarifications can often be addressed through performance-based provisions of the rule. Currently developing guidance to regional inspectors on how to evaluate SPCC Plans when environmental equivalence and impracticability are claimed.

Performance-Based Nature of the Rule Environmental Equivalence (§112.7(a)(2)) – Facilities may deviate from certain substantive requirements of the SPCC rule (except secondary containment) by implementing alternate measures that provide equivalent environmental protection. Impracticability (§112.7(d)) – In situations where secondary containment is not practicable, the SPCC Plan must explain the reason. – The owner/operator must prepare an oil spill contingency plan and a written commitment of manpower, equipment, and materials.

Performance-Based Nature of the Rule Document!

Performance-Based Nature of the Rule Environmental Equivalence – State reason for nonconformance in Plan – Describe in detail the alternative method and how you will achieve environmental equivalence. Impracticability – Clearly explain why containment measures are impracticable. – Conduct integrity testing – Develop a contingency plan (40 CFR 109) – Provide written commitment of manpower, equipment, and materials.

Regional Guidance Examples of issues to address in guidance: – Loading rack – Integrity Testing – Security – Piping – Mobile/portable containers

Summary Background and History of SPCC Overview of the SPCC provisions Extension NODAs – Certain Facilities – Oil-filled and Process Equipment Regional Guidance and performance-based provisions of the rule

For More Information U.S. EPA Region 7, Air, RCRA, and Toxics Division, Storage Tanks and Oil Pollution Branch, 901 North 5 th Street, Kansas City, KS EPA Oil Program Website RCRA, Superfund, and EPCRA Call Center