Spill Response Requirements

What Constitutes a Reportable Spill? In Pennsylvania, any oil or petroleum product, chemical or waste that is released in any manner constitutes a spill Spills also include leaks from underground and above ground tanks.

What Immediate Actions Should be Taken? In case of a spill, stop the flow, contain the spill, call 911 or the local emergency response, report the spill to PA-DEP (see next slide), then report to the National Response Center if necessary.

When Should a Spill be Reported to the DEP? All spills of any hazardous material. All petroleum spills with potential to pollute. Air pollution incidents where there may be a release of toxic materials or where smoke from a fire may create a public nuisance. Incidents which involve illegal/improper disposal of any material.

Who and where do you call at the DEP? DEP prefers that notifications be made to the appropriate regional office. DEP also maintains a statewide toll free number, 1­800­541­2050, which serves as a backup to the regional numbers and also supports a reporting mechanism for people who do not know which regional office is responsible for a particular area

What gives the DEP the Legislative Authority? The DEP is responsible for implementing a number of Pennsylvania laws which have components relating to emergency response, including the Pennsylvania Oil and Gas Act, the Air Pollution Control Act, the Dam Safety and Encroachments Act, the Explosives Act, the Radiation Protection Act, various mining laws, the Clean Streams Law, the Solid Waste Management Act, the Hazardous Sites Cleanup Act, the Pennsylvania Safe Drinking Water Act, and the Storage Tank Management and Spill Prevention Act. DEP's authorities relative to emergency response to hazardous materials are most clearly delineated in the Hazardous Sites Cleanup Act (HSCA).

Who is responsible for the spill? In general, under DEP regulations, the person or business causing the spill and the owner of the property where the pollution occurred are financially responsible for clean up, regardless of fault. This includes the proper disposal of any wastes. The owner of a property on which hazardous materials are located is considered as a potential responsible party under state law. All spills regardless of size must be reported and dealt with quickly.

When Should an Oil Spill be Reported to the Federal Government? Section 311 of the Clean Water Act disallows the discharge of oil into or upon the navigable waters of the United States, their adjoining shorelines, or where natural resources may be affected [33 USC 1321, 40 CFR 110]. You must report an oil spill to the National Response Center at (800) 424-8802 if: The spill is to navigable waters or the adjoining shoreline, or water quality standards could be violated, or the spill causes a sheen or discoloration, or the spill causes a sludge or emulsion.

This was Preventable with a PPC Plan!

What is PPC? Preparedness Prevention Contingency “PCC” stands for : Purpose: To improve and preserve the purity of the Waters of the Commonwealth by prompt adequate response to all emergencies and accidental spills of polluting substances for the protection of public health, animal and aquatic life and for recreation.

PPC Objective The purpose of the Preparedness, Prevention and Contingency (PPC) plan is to consolidate the similarities of the State and Federal pollution incident prevention and emergency response programs into one overall program. Industrial and commercial installations that have the potential for causing accidental pollution of air, land or water, or the endangerment of public health and safety are required to develop and implement a PPC plan that encompasses the other Departmental program requirements .

How Do Existing Emergency Response Plans Fit in with a PPC plan???? Spill Prevention, Control, and Countermeasure (SPCC) plans, which are or have been developed pursuant to EPA's oil-related SPCC regulations, should also be considered as part of an installation's overall PPC plan. Some installations may elect to integrate their oil-related SPCC plan with the PPC or PADEP Spill, Prevention, and Response (SPR) plan elements, or may elect to keep it as a separate chapter, or appendix, to the PPC. The additional downstream notification requirement of an SPR plan can be added to an existing PPC plan to satisfy the "Storage Tank and Spill Prevention Act," providing all required elements of the SPR plan are completed for the existing plan

General Overview of PCC Who needs a PCC plan? In general, any manufacturing or commercial installation which has the potential for causing accidental pollution of air, land, or water or for causing endangerment of public health and safety through accidental release of toxic, hazardous, or other polluting materials must develop, maintain, and implement a PPC Plan.

PPC plans in regards to the Oil and Gas in Pennsylvania Required under the Clean Streams Law for approval of: Drilling and operating oil and gas wells, Brine disposal wells Road spreading operations These plans are required under 25 Pa. Code Chapters 91.34 and 78.55. In addition, PPC Plans are required for NPDES and Part II Water Quality Management Permits. The Plan requirements are contained in the Oil and Gas Operators Manual

Guidelines for a PPC Plan for Oil and Gas Development The operator must review his operations and identify all the pollutional substances and wastes (solid and liquid), that will be used or generated. and development control methods. The operator must recognize that accidents and unexpected conditions may occur and immediate response would be needed to prevent pollution from reaching the waters of the Commonweath.

ELEMENTS AND FORMAT OF A PPC PLAN Description of Facility Identify the type of operations, whether oil/gas or both. Describe the method of drilling the wells (air rotary, fluid rotary, cable tool, etc) Identify each well location by lease, farm name, project or other distinguishable description List the chemicals or additives utilized and the different wastes generated during the drilling, stimulation, production, plugging and servicing phase of the operation. Safety and health information (MSDS), cleanup protocol Description of Existing Emergency Response Plans Material and Waste Inventory Pollution Incident History Implementation Schedule for Plan Elements Not Currently in Place

ELEMENTS AND FORMAT OF A PPC PLAN Waste Disposal Methods Identify the control, disposal or reuse method(s) of wastewater, drill cuttings or residual waste. Permitted facilities must be used for treatment and disposal Facility and hauler name and address and type of waste being disposed at that facility must be included.

ELEMENTS AND FORMAT OF A PPC PLAN Description of How Plan is Implemented by Organization Organizational Structure of Facility for Implementation List of Emergency Coordinators Duties and Responsibilities of the Coordinator Chain of Command

ELEMENTS AND FORMAT OF A PPC PLAN Spill Leak Prevention and Response Pre release Planning Material Compatibility Inspection and Monitoring Program Preventive Maintenance Housekeeping Program Security External Factor Planning Employee Training Program

ELEMENTS AND FORMAT OF A PPC PLAN Countermeasures Countermeasures to be Undertaken by Facility Countermeasures to be Undertaken by Contractors Internal and External Communications and Alarm Systems Evacuation Plan for Installation Personnel Emergency Equipment Available for Response

ELEMENTS AND FORMAT OF A PPC PLAN Emergency Spill Control Network Arrangements with Local Emergency Response Agencies These agencies must include: DEP Regional office both business and 24-hour # EPA National Response Center # Identify and Contact downstream water users Recommended contacting PA Fish and Boat Commission (closest district office) Notification Lists Downstream Notification Requirement for Storage Tanks

Distribution of the Plan A copy of the plan and any subsequent revisions must be maintained on-site. All members of the installation’s organization for developing, implementing, and maintaining the plan and all emergency coordinators must review the plan and be thoroughly familiar with provisions. In addition to the site copy and the copy submitted to the Department, additional copies should be made available to the following agencies, to the extent which they may become involved in an actual emergency County and local Emergency Management Agencies. (This is a legal requirement for storage tank facilities with >21,000 gallons of above ground storage.) Local Fire Service Agencies and/or Hazmat Team Local Emergency Medical Service Agencies Local Police

PPC Plan Revisions The PPC Plan must be periodically reviewed and updated, if necessary. As a minimum, this must occur when: Applicable Department regulations are revised; The plan fails in an emergency The installation changes in its design, construction, operation, maintenance, or other circumstances, in a manner that materially increases the potential for fires, explosions or releases of toxic or hazardous constituents; or which changes the response necessary in an emergency; The list of emergency coordinators changes; The list of emergency equipment changes; or As otherwise required by the Department.