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 ) 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-NO X 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

Questions? Jim Roewer 202/