1 SPCC REGULATIONS Updating EPA’s Spill, Prevention, Control, and Countermeasure Regulations August 6, 2008 Air & Waste Management Association Andrew Covington, P.E. ECO-SYSTEMS, INC.

2 Oil Pollution Prevention Regulations – SPCC Rule – 40 CFR 112 Spill, Prevention, Control, and Countermeasure (SPCC) regulation (40 CFR 112) requires the preparation and implementation of site-specific plans to prevent oil discharges that could affect navigable waters Authority: CWA § 311(j)(1)(C) and 501, and codified under 40 CFR Part 112

3 PURPOSE OF SPCC RULE There shall be no discharges of oil or hazardous substances into or upon the navigable waters of the United States, adjoining shorelines, or into or upon the waters of the contiguous zone, or in connection with activities under the Outer Continental Shelf Lands Act or Deepwater Port Act, or affecting certain natural resources.

4 Purpose of SPCC?

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History of SPCC 1972Federal Water Pollution Control Act Amendments 1974Original SPCC Rule (40 CFR part 112) Published 1988Ashland Oil Spill – SPCC Task Force formed 1989Exxon Valdez in Alaska 1990Oil Pollution Act 1991Proposed SPCC Rule - complete revision of existing rule 1993Proposed SPCC Rule - amendments 1994Final Facility Response Plan (FRP) Rule published 1997Additional proposed SPCC amendments 2001Draft Final SPCC Rule – remanded to OMB 2002Final “revised” SPCC rule published 7/17/ SPCC compliance date extension 2004SPCC litigation settlement and compliance date extension 2005Proposed SPCC Rule amendments and SPCC Inspector Guidance Document published 12/ Compliance Date Extension issued 2/17/ SPCC Rule Amendments published 12/26/ Compliance Date Extension issued 5/16/ Proposed SPCC amendments published 10/15/07

12 SPCC APPLICABILITY - STORAGE Stores oil in quantities equal to or exceeding an aggregate of 1,320 gallons in aboveground storage containers or an aggregate of 42,000 gallons in underground storage containers Any container of oil equal to or exceeding 55 gallons must be counted whether aboveground or buried Bunkered or partially buried tanks are defined as aboveground for this purpose Mobile as well as fixed containers of oil are included Oil being “used” such as in electrical equipment, machinery, or otherwise is included in the calculation of quantity

13 SPCC EXEMPTIONS Containers of oil that are less than 55 gallons of capacity Facility aboveground capacity of oil stored or used does not exceed 1,320 gallons Any facility that due to its location (excluding any manmade considerations) could not reasonably be expected to discharge into or adjacent to navigable waters Any facility under the authority and control of the US DOT and US DOI The completely buried storage tanks that are subject to 40 CFR Part 280 or 281

14 SPCC APPLICABILITY Applies to a facility with the potential to discharge oil into or upon navigable waters, adjoining shorelines, contiguous zone, areas under the Outer Continental Shelf Lands Act, and certain natural resources; Includes non-transportation-related onshore or offshore facility which drill, produce, gather, store, process, refine, transfer, distribute, use, or consume oil or oil products; and Stores oil in quantities above a certain level in aboveground containers, completely buried tanks, containers, and any bunkered tank or partially buried tank.

Current Compliance Dates A facility (other than a farm) starting operation… Would… On or before 8/16/02Maintain existing Plan. Amend and implement Plan no later than 7/1/09. After 8/16/02 through 7/1/09 Prepare and implement Plan no later than 7/1/09. After 7/1/09Prepare and implement Plan before beginning operations. Current compliance deadlines Published May 16, 2007 Extends the dates in §112.3(a), (b), and (c) by which a facility must amend and implement its SPCC Plan in accordance with the August 2002 Revisions and December 2006 revisions Note: Facilities regulated and in operation prior to 8/16/02 DO NOT HAVE until 7/1/09 to prepare/implement their SPCC Plan for the first time – if currently do not have a SPCC Plan, must prepare SPCC ASAP!

16 December 2006 Amendments Option to self-certify if 10,000 gallons or less and meet other requirements Alternative to general secondary containment without “determination of impracticability” for particular types of oil filled equipment Exempting particular vehicle fuel tanks Exempting mobile refuelers from the sized secondary containment requirements for bulk storage containers Specific animal fats and vegetable oils removed from SPCC requirements Extended SPCC compliance dates for farms

17 May 2007 Compliance Date Extension Extends the deadline to July 1, 2009 Allows the Agency time to promulgate further revisions to the SPCC rule

18 October 2007 Proposed Amendments Exempt hot-mix asphalt, pesticide application equipment, and heating oil containers at single family residences Amend facility diagram requirements and definitions of “facility” Define loading/unloading rack for clarification Streamlined requirements for a subset (Tier I and II) of qualified facilities Amend general secondary containment requirements for clarification Amend security requirements Amend integrity testing to allow more flexibility Amend integrity testing for animal fat and vegetable oil containers Streamline a number of requirements for oil production facilities Exempt completely buried oil storage containers at nuclear power generation facilities

19 Final Rule? Expect the Final Rule in the Fall of 2008 Expect the Deadline to remain July 1, 2008, but there are no guarantees

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21 For Additional Information Ted Walden EPA R National SPCC/RCRA Hotline Andrew Covington, P.E., Eco-Systems,

22 QUESTIONS?