U. S. EPA REGION 8 OIL PROGRAM

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1 U. S. EPA REGION 8 OIL PROGRAM

2 Spill Prevention Control and Countermeasure CWA Section 311(j) The original SPCC regulation promulgated in 1973; First effective on January 10, Codified at 40 CFR part 112.

3 Revised SPCC Rule Publication Date: July 17, 2002 Effective Date: August 16, 2002

4 Purpose of the revised 2002 SPCC Rule New format New sections for different types of facilities and new subparts for different types of oils (petroleum and other oils, animal fats and vegetable oils). Incorporates the use of plain language.

5 Clarifications Clarifies that the rule s requirements are mandatory. New and expanded definitions.

6 Recent Actions Issued SPCC Guidance for Regional Inspectors, posted December 2, 2005, on Extension of compliance dates to revise SPCC Plan for all facilities until October 31, Proposed modification of several requirements published in the Federal Register December 12, 2005.

7 New Timeframes Section If a facility was operating prior to August 16, 2002, then the owner or operator must amend the SPCC Plan on or before October 31, 2007, and must implement the amended Plan as soon as possible, but not later than October 31, 2007.

8 NEW COMPLIANCE DATES A facility starting operation... On or before 8/16/02 After 8/16/02 through 10/31/07 After 10/31/07 Must... Maintain existing SPCC Plan Amend and Implement Plan no later than 10/31/07 Prepare and implement a Plan no later than 10/31/07 Prepare and implement a Plan before beginning operations

9 Why is EPA Proposing to Amend the SPCC Rule? Address top priority concerns and clarify certain elements: Small business Electrical utilities Agriculture and animal fats/vegetable oil industry Aviation More time needed: February deadline rapidly approaching Recovery from hurricane impacts Digest the guidance

10 Proposed Amendments Overview Offer streamlined optional requirements for: Qualified Facilities Qualified Oil-Filled Operational Equipment Airport Mobile Refuelers Exempt motive power containers. Remove certain provisions for animal fats and vegetable oils. Provide a separate, indefinite compliance date extension for farms.

11 Qualified Facilities An optional choice for small facilities: If And And.. Then A facility has been subject to SPCC for ten years or more; has an aggregate aboveground oil storage capacity of 10,000 gallons or less; had no discharges during the ten years prior to selfcertification; the owner/operato r can selfcertify his SPCC Plan, without review and certification by a licensed Professional Engineer (PE).

12 Qualified Facilities An optional choice for small facilities: If And And.. Then A facility has been subject to SPCC for less than ten years; (OR) A facility is new; has an aggregate aboveground oil storage capacity of 10,000 gallons or less; had no discharges since becoming subject to the SPCC requirements ; the owner/operat or can selfcertify his SPCC Plan, without review and certification by a licensed Professional Engineer (PE).

13 Qualified Oil-Filled Operational Equipment Oil filled operational equipment includes an oil storage container (or multiple containers) in which the oil is present solely to support the function of the apparatus or the devices. Oil-filled operational equipment is not considered a bulk storage container Does not include manufacturing equipment (flow-through process).

14 Qualified Oil-Filled Operational Equipment An optional choice for equipment at all facilities: If And Then the facility has oil-filled operational equipment; the facility has not had a discharge from any oilfilled operational equipment in the ten years prior to the SPCC Plan certification date or since becoming subject to the SPCC requirements if the facility has been in operation for less than ten years; instead of secondary containment, the facility may prepare an: - inspection and monitoring program to detect equipment failure and/or an oil discharge; and - oil spill contingency plan and a written commitment of manpower, equipment and materials. No impracticability determination needed.

15 Motive Power Onboard bulk storage containers holding fuel solely to power the movement of a motor vehicle; and/or Ancillary onboard oil-filled operational equipment (i.e., hydraulic and lubrication systems) used solely for vehicle operation For example: large RVs, aircraft, buses, construction equipment Can be considered non-transportation related and subject to the SPCC rule.

16 Proposal: Motive Power Exempt motive power containers, except: Transfers to or from these containers at an otherwise regulated facility; Bulk storage container(s) mounted on a vehicle for any purpose other than powering the vehicle itself, for example, a tanker truck or mobile refueler; or Oil drilling or workover equipment, including rigs.

17 Airport Mobile Refuelers Vehicles with onboard bulk storage containers Store and transport fuel for transfer into or from aircraft or ground service equipment Currently subject to bulk storage requirements: Specifically sized secondary containment needed.

18 Airport Mobile Refuelers Fuel spills at airports: Especially during transfers; occasionally while idle Industry issues: Unique circumstances at airports Flight and fire safety issues

19 Airport Mobile Refuelers Proposal: Exemption from the specifically sized secondary containment requirements: Refueler and transfers remain subject to other provisions and general secondary containment requirements: Passive and active measures: Constructed measures vs land-based response Consistent with typical measures already in use

20 Animal Fats and Vegetable Oils Inserted in 2002 Rule to satisfy EORRA procedures. Request input on modification of requirements Petroleum vs. AFVO

21 Animal Fats and Vegetable Oils Proposal: Remove sections that do not apply to AFVO: Onshore oil production (Section ), Onshore oil drilling and workover facilities (Section ), and Offshore oil drilling, production, or workover facilities (Section )

22 Farms A facility on a tract of land devoted to the production of crops or raising of animals, including fish, which produced and sold, or normally would have produced and sold, $1,000 or more of agricultural products during a year. (source: National Agricultural Statistics Service and Underground Storage Tank rules).

23 Farms Proposal: Extend compliance date indefinitely for farms that have a total oil storage capacity of 10,000 gallons or less. Collect information to determine appropriate application of SPCC requirements for farms.

24 Because of the Oil Program, our rivers and lakes are cleaner, fish and wildlife and vegetation were able to flourish and jobs, human health, public and private property were protected. By 2003, oil spill prevention from Oil Program regulations is producing benefits at the rate of $2.2 billion each year, compared to $586 million in the 1980s. Avoided cleanup costs of $647 million Avoided environmental damage of $463 million Jobs and earnings saved, avoided personal injury, and avoided property damage of $1.07 billion

25 EPA Hotlines National Response Center (NRC): For SPCC, FRP, & OPA Information: NCP Product Schedule Information:

26 QUESTIONS???? Thank you U.S. Environmental Protection Agency

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