Safety, Health and Environmental Quality Conference

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1 Safety, Health and Environmental Quality Conference National Grain and Feed Association & Grain Journal Storm Water Permits and SPCC Updates

2 Storm Water Discharge and Storm Water Permits

3 Activities that take place at industrial facilities, such as material handling and storage, are often exposed to the weather. As runoff from rain or snowmelt comes into contact with these activities, it can pick up pollutants and transport them to a nearby storm sewer system or directly to a river, lake, or coastal water. All but five states are authorized to implement the Storm Water NPDES permitting program. On Sept 29, 2008 EPA published it s current Multi- Sector General Permit

4 Recent Storm Water Enforcement Efforts Civil penalties for non-compliance are now $27,500 per day for each violation The new enforcement effort started in May 2004 with a $3.1 million penalty against Wal-Mart. November 2009, EPA issued a penalty of more than $1 million against the Seven-Up/RC Bottling Company of Southern California; the penalty included $600,000 in criminal penalties for storm water violations at one facility. In Puerto Rico, EPA fined Shell Oil Co $153,057 for Storm Water violations (Nov 09). EPA Region III cited 81 facilities in the mid-atlantic for storm water violations in 09 WA Dept of Ecology issued $20,000 fine to Northern Cascade for allowing vehicles to track mud onto roads (Jun 10)

5 What Can / Can t I Discharge to Storm Drains Discharges Normally Permitted for Discharge From fire fighting or hydrant flushing Potable water except for hyperchlorinated water Water from routine washing of building without detergents Water from routine washing of pavement Uncontaminated air conditioner condensate, air compressor condensate, or steam condensate Uncontaminated water from foundation drains Non-Storm Water Discharges NOT Permitted Foundation / Basement Sumps with Contaminated Groundwater Boiler Blow-down Mixer Washouts Vehicle Washing So where can they go?

6 No Exposure Certificate Option for Storm Water Discharge Are any of the following materials or activities exposed to precipitation, now or in the foreseeable future? If you answer Yes to any of these questions (1) through (11), you are not eligible for the no exposure exclusion. 1. Using, storing or cleaning industrial machinery or equipment, and areas where residuals from using, storing or cleaning industrial machinery or equipment remain and are exposed to storm water 2. Materials or residuals on the ground or in storm water inlets from spills/leaks 3. Materials or products from past industrial activity 4. Material handling equipment (except adequately maintained vehicles) 5. Materials or products during loading/unloading or transporting activities 6. Materials or products stored outdoors (except final products intended for outside use where exposure to storm water does not result in the discharge of pollutants) 7. Materials contained in open, deteriorated or leaking storage drums, barrels, tanks, and similar containers 8. Materials or products handled / stored on roads or railways owned or maintained by the discharger 9. Waste material (except waste in covered, non-leaking containers [e.g., dumpsters]) 10. Application or disposal of process wastewater (unless otherwise permitted) 11. Particulate matter or visible deposits of residuals from roof stacks and/or vents not otherwise regulated

7 No Exposure Certificate Option Potential Issues with Feed & Grain Facilities 2. Materials or residuals on the ground or in storm water inlets from spills/leaks 5. Materials or products during loading / unloading or transporting activities 7. Materials contained in open, deteriorated or leaking storage drums, barrels, tanks, and similar containers 8. Materials or products handled / stored on roads or railways owned or maintained by the discharger 9. Waste material (except waste in covered, non-leaking containers [e.g., dumpsters]) 11.Particulate matter or visible deposits of residuals from roof stacks and/or vents not otherwise regulated

8 2. Materials or residuals on the ground or in storm water inlets from spills/leaks

9 5. Materials or products during loading / unloading or transporting activities Bad Good

10 7. Materials contained in open, deteriorated or leaking storage drums, barrels, tanks, and similar containers

11 8. Materials or products handled / stored on roads or railways owned or maintained by the discharger

12 9. Waste material (except waste in covered, nonleaking containers [e.g., dumpsters])

13 11. Particulate matter or visible deposits of residuals from roof stacks and/or vents not otherwise regulated

14 Storm Water Permits Take Homes Can you qualify for a No Exposure Certificate? Know the requirements of your Permit: Is your SWPPP up to date? Visual Inspections & Sampling. What are your visual inspection requirements? Do you have sampling requirements? Are you sampling at the right location(s) substantially identical effluents Petition permitting agency to minimize sampling sites Reporting This will be specified on your Permit

15 Spill Prevention Control and Countermeasure Plans

16 Purpose and Scope of SPCC Regulations The goal of a SPCC Plan is to prevent the discharge of oil by implementing measures to prevent and contain spills. Facilities with aggregate aboveground storage of 1,320 gallons or belowground storage of 42,000 gallons. SPCC Plans required at facilities that could reasonably discharge oil into or upon navigable waters or shorelines.

17 How do I determine if my facility could reasonably discharge oil into or upon navigable waters? The location of the facility must be considered in relation to streams, ponds and ditches (perennial or intermittent), storm or sanitary sewers, wetlands or farm tile drains. The distance to navigable waters, volume of material stored, worst case weather conditions, drainage patterns, land contours, soil conditions, etc., must also be taken into account. This determination shall not include consideration of man-made features such as dikes, equipment or other structures (like levees) that may serve to restrain, hinder, contain or prevent an oil discharge

18 SPCC Definition of Oil The Clean Water Act defines oil to mean oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil Oil includes animal fats and vegetable oils.

19 SPCC Plan Enforcement A Maine corporation, CB Brown, was fined $157,500 by EPA for failing to implement SPCC plans at seven facilities. Maine DEP inspections revealed that, the company s SPCC Plans did not adequately address all of the requirements, had not been updated to reflect actual oil storage currently in use at the facilities, and were not being fully implemented. EPA has issued fines of over $50,000 each to facilities in Texas, Massachusetts, Oklahoma, Connecticut, Louisiana, Puerto Rico and New Hampshire. These fines were issued for violations ranging from SPCC Plans that were judged to be inadequate to unmaintained spill response supplies to inadequate employee training. EPA is seeking penalties against a small college and a preparatory school for SPCC violations. For Phillips Academy, the penalty could be up to $157,500 for alleged violations. For Atlantic Union College, the institution could face penalties of up to $177,500 for SPCC violations. According to EPA, neither school had an SPCC plan, as required. MO DNR fined Royal Canin $125,000 federal fine under the Clean Water Act and $41,383 fine for failure to abide by its SPCC for a 3,000 gallon spill of chicken fat.

20 Selected SPCC Changes Effective January 14, 2010 Farms are now covered Tiered approach to SPCC requirements Amended facility diagram requirements to provide additional flexibility Amended general secondary containment requirements Amended security requirements providing additional flexibility Amended integrity testing requirements for containers that store animal fats and vegetable oils (AF/VOs) and meet certain criteria Compliance date is November 10, 2010

21 Farms are Now Covered A farm is a facility or tract of land devoted to production of crops or animals which sold or produced $1000 or more of agricultural products during a year. SPCC rules apply if: Stores or uses oils Stores more than 1,320 gal in aboveground containers or 42,000 gal underground Don t count less than 55 gallon drums AND could reasonably be expected to discharge oil to waters of the US Eligible farms can use the Tier I template SPCC

22 Tier I Eligibility Criteria 10,000 gallons or less in aggregate aboveground oil storage capacity; and Maximum individual aboveground oil storage container capacity of 5,000 U.S. gallons. For the 3 years prior to Plan certification, the facility must not have had: A single discharge of oil to navigable waters or adjoining shorelines exceeding 1,000 U.S. gallons, or Two discharges of oil to navigable waters, each exceeding 42 U.S. gallons within any 12-month period; and Tier II if you have tank over 5,000 gallons (item 2) Prepare self-certified Plan in accordance with applicable requirements of 112.7, in lieu of a PE-certified Plan.

23 Tier I Requirements Option for a self-certified SPCC Plan template instead of a full SPCC Plan A Tier I facility can choose to comply with either Tier I or prepare a PE-certified Plan in accordance with all applicable requirements of Template is designed to be a simple SPCC Plan. Eliminates and/or modifies requirements that generally do not apply to facilities that handle small volumes of oil Limited to those facilities that: Do not use environmentally equivalent measures, Do not determine secondary containment to be impracticable

24 Facility Diagram Requirement Revision clarifies that the facility diagram must include all fixed (i.e., not mobile or portable) containers. For mobile or portable containers, the diagram must show: The area of the facility on the diagram where such containers are stored The number of containers, contents, and capacity of each container, unless a separate description is provided in the SPCC Plan

25 Revision to General Secondary Containment Requirement Clarifies that the general secondary containment requirement is intended to address the most likely oil discharge from any part of a facility Allows active and passive secondary containment New text: In determining the method, design, and capacity for secondary containment, you need only to address the typical failure mode, and the most likely quantity of oil that would be discharged. Secondary containment may be either active or passive in design. Expanded list of example prevention systems Additional examples: drip pans, sumps, and collection systems

26 Security Requirements Security requirements extended to all applicable facilities. Streamlined, performance-based Tailored to the facility s specific characteristics and location A facility is required to describe in the SPCC Plan how to: Secure and control access to all oil handling, processing and storage areas; Secure master flow and drain valves; Prevent unauthorized access to starter controls on oil pumps; Secure out-of-service and loading/unloading connections of oil pipelines; and Address the appropriateness of security lighting to both prevent acts of vandalism and assist in the discovery of oil discharges.

27 Inspections, Evaluation, and Testing Regularly scheduled integrity testing. Frequent visual inspection of the outside of the container. Steel Tank Inst Standard SP rd Ed. Sets minimum inspection requirements / evaluation criteria for ASTs storing oil.

28 Differentiated Integrity Testing Requirement for AF/VOs Provides the flexibility to use a visual inspection program for integrity testing for containers that store animal fats/vegetable oils (AF/VOs) and meet certain criteria. Facility is required to document procedures for inspections and testing in the SPCC Plan. The PE certifying the facility s SPCC Plan may determine that inspections and housekeeping procedures provide environmental protection equivalent to performing tank integrity tests

29 AF/VO Eligibility Criteria Differentiated integrity testing requirements apply to bulk storage containers that: Are subject to the applicable sections of the Food and Drug Administration (FDA) regulation 21 CFR part 110, Current Good Manufacturing Practice in Manufacturing, Packing or Holding Human Food; Are elevated; Are made from austenitic stainless steel; Have no external insulation; and Are shop-built.

30 Take Home Points on SPCC Insure you have a copy Can you qualify as a Tier I facility? Insure it is up to date Insure it is signed and certified in past five years Train annually.

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