1. SPCC UPDATE Bob Beyke Milestone Contractors

2. State of Flux – No Longer Revised final rules published 7/17/02 Major issues with final rule - lawsuits Multiple extensions Proposed revisions published 12/12/05 Partial Final rule published 12/26/06 Proposed Rule Amendment 5/16/07 & 10/15/07 Final Rule Amendments 12/5/08 “Navigable water” definition 11/26/08 and 12/11/08

3. Applicability Petroleum storage of: –Underground storage capacity greater than 42,000 gallons. –Total above ground storage greater than 1,320 gallons – containers less than 55 gallons are exempt. –Old 660-gallon container criteria is no longer valid.

4. HMA Hot Mix Asphalt and HMA containers are specifically exempted. –EPA determined that HMA “is unlikely to flow as a result of the entrained aggregate, such that there would be very few circumstances in which a discharge of HMA would have the potential to reach navigable waters or adjoining shorelines.”

5. Liquid Asphalt Liquid asphalt is not exempt. –Owner “may consider the nature and flow properties of the oils handled at the facility.” –Owner has “significant flexibility to select prevention and control measures that are appropriate and cost-effective.”

6. Facility & Diagrams Changes to definition of “facility” –Definition of “facility” determines SPCC applicability. –Containers can be separated or aggregated, based on various factors in “facility”. Facility Diagrams must include all fixed containers. Storage area for portable containers must be identified with number of containers and capacities.

7. Loading/Unloading Rack Loading/unloading arm is key component for this criteria. –“Equipment present at a loading/unloading area where a pipe stand connects to a tank car or tank truck via a flexible hose, which is not equipped with a loading/unloading arm, is not considered a loading/unloading rack as defined in this action.”

8. Security Security requirements –Security and control for access to oil areas –Secure master flow and drain valves –Prevention of unauthorized access to starter controls on oil pumps –Appropriateness of lighting to prevent vandalism and assist in discovery of discharges

9. Other Changes All oil handling personnel required to have “proper instruction”, identifying minimum training requirements. 5 years for updating SPCC Plan or whenever site changes occur Must record drainage of storm water from containment system.

10. Navigable Water December 11, 2008 Federal Register - EPA announced the vacatur of the July 17, 2002 revisions to regulatory definition of “navigable water” and reinstated the 1973 definition.

11. Compliance Dates June 19, 2009 Federal Register – EPA amended dates by which facilities must prepare or amend the SPCC Plans, and implement those Plans. New date is November 10, 2010. Extension was granted to allow owner to fully understand “the regulatory amendments offered by all of the amendments to the SPCC rules since July 2002.”

12. Tank Integrity Testing Jerry Neels