Federal SPCC vs. State Storage Tank Environmental Regulations Aisha Beaty Barr Engineering Company
purpose most industrial facilities utilize storage tanks in some capacity Federal and State regulations may apply to each tank regulations are vastly different permit holders cannot assume that compliance with one regulation applies to others regulations can be confusing, hard to find, and may not be included in facility permits compare the governing bodies regulations identify key differences to help facilities achieve and documentcompliancewith compliance each regulation
outline background SPCC MN AST MN UST comparison of the regulations useful resources summary
background twogoverning bodies concerning storage tanks in Minnesota USEPA Spill Prevention, Control and Countermeasures (SPCC) regulations MPCA Regulations Above Ground Storage Tank (AST) Underground Storage Tank (UST)
MPCA regulations facilities with one million gallons or more must obtain MPCA storage tank permit (MN CH 7001) applies to all liquids, not just oil Aboveground Storage Tanks (ASTs) = Minnesota Rules, Chapter 7151, Statutes 116.47 and 116.48 Underground Storage Tanks (USTs) = MN CH 7150
Federal SPCC (40 CFR part 112) purpose pose is to prevent pee toil discharges dsc agesfrom reaching navigable waters or adjoining shorelines applies to any facility over capacity threshold any facility handling oil that could reasonably be expected to discharge oil into navigable water applies to tanks containing oil (petroleum or non) requires a written SPCC Plan MOST USTs fall under a separate regulation (40 CFR part 280) only requirement is to label on map
applicability general applicability MPCA owners and operators of ASTs and USTs storing liquids facility none capacity threshold container AST less than 1,100 gal capacity unless it is above 500 gal and threshold within 500 feet of a Class 2 surface water UST less than 110 gal example exclusions equipment or machinery including electrical equipment, indoor tanks SPCC any facility that stores oil products in tanks above the aggregate capacity threshold and has potential to discharge into navigable waters 1,320 gal in AST 55 gallons in AST asphalt cement, wastewater tanks, milk product containers
please note: assumptions: at a facility with <1 million gallons permanent outdoor tank over 1,100 gallons further than 500 feet from a class II water contains a substance that requires registration by MPCA and compliance with the construction and work practice standards
tank registration/notification of changes MPCA (statutes 116.47 and 116.48) ASTs register each tank containing petroleum, hazardous substances, bt and asphalt hltover 500 gallons (with exceptions) within 30 days update registration when tank status changes USTs register each tank over 110 gallons (with exceptions) within 30 days update registration when tank status changes 10 day advanced notifications SPCC no registration or notification required
reporting MPCA report discharges over 5 gallons immediately which, if not recovered, could pollute waters of the state (statute 115.061) SPCC report discharges to navigable water within 60 days: o more than 1,000 gal o more than two discharges each over 42 gallons in a 12 month period
labeling MPCA temporary tanks larger than 1,100 gal: o temporary storage o date storage began on site ASTs: o substance stored o tank's capacity o a unique tank number lines for loading and unloading sign with facility contact information if the site is not manned 24/7 SPCC no requirements
secondary containment MPCA ASTs all ASTs must have secondary containment substances sharing containment must be compatible must be able to contain 100% capacity of largest ttank kin containment plus 10% where exposed to precipitation p USTs reinforced double walled tank and piping SPCC allows active OR passive containment mustbeable to contain 100% capacity of largest tank in containment plus freeboard for precipitation oil filled operational equipment may use monitoring instead locate portable containers to prevent a discharge
overfill protection MPCA ASTs which are filled by >55 gal at a time must have one: high level alarm automatic shutoff sight glass or gauge g manual dip stick double walled tanks which are not located din secondary containment must have highlevel or auto shutoff USTs ensure that releases due to overfilling do not occur SPCC provide at least one of the following: highlevel alarm automatic shutoff direct vision gauges g regularly test liquid level sensing devices to ensure proper operation regularly check interstitial space on double walled tanks
recordkeeping MPCA life of system maintenance and repair documents third party certifications drawings tank and containment design soil classification used in secondary containment permeability tests hydraulic conductivity of soil documents of corrosion protection internal and external inspections three years service checks and equipment calibrations records of periodic monitoring compliance with out of service requirements SPCC three years inspection records
corrosion protection MPCA ASTs: protect floor of steel tanks elevate on supports rest on cement double walled double bottomed with vacuum and cathodic protection cathodically protect tank floor and have internal lining install internal lining on tank floor and inspect USTs: metal tanks and piping without fiberglass reinforced plastic jacket impressedcurrent checkrectifier every 60 days, test annually sacrificial anodes test every 3 years internal llining i inspect after 10 years and every 5 thereafter SPCC buried piping or tanks must have cathodic protection
inspections MPCA ASTs every 72 hours non doublewalled tanks with inadequate secondary containment weekly non double walled tanks with adequate secondary containment monthly all tanks USTs monitored every 30 days SPCC create an inspection and testing program certified by a professional engineer inspections during transfers inspect secondary containment prior to discharge
inspection ipad application shows all SPCC inspection sites on an interactive map fills out inspection form for each site electronically adds new sites/changed information in real time populates lt spreadsheets/reports electronically ll
other personnel training SPCC requires annually substance transfer areas MPCA: provide for all tanks, substance transfersafeguardssafeguards such as spill boxes, remote fill boxes, or containment areas unless the tank is filled with a hand held nozzle, through a pipeline, or a barge. At least one person must be present to monitor transfer. tank car and tank truck loading/unloading rack SPCC: design containment, prevent spills
commonly missed tanks subject to MPCA? subject to SPCC? tote tanks no yes portable tanks yes yes oiltanks for elevator no yes operations gas tanks on a generator no yes electrical equipment no yes tank truck or railroad car yes (if in place for 30 days or more) yes (if only operates within facility and is not DOT) substance transfer areas yes yes oil/water separators yes (but doesn t require registration) yes
useful resources MN Statutes: https://www.revisor.leg.state.mn.us/statutes/ MN Rules: https://www.revisor.leg.state.mn.us/rules/ / / Federal SPCC Rules: http://www.ecfr.gov MNAST Website: http://www.pca.state.mn.us/index.php/waste/waste and cleanup/waste management/tank compliance andassistance/aboveground storage tanks ast/aboveground storage tankast systems systems.html MN UST Website: http://www.pca.state.mn.us/index.php/waste/wasteand cleanup/waste management/tank compliance andit d t t t/ d d t t k assistance/underground storage tanks ust/underground storage tankust systems.html SPCC Guidance for Regional Inspectors: http://www.epa.gov/osweroe1/docs/oil/spcc/guidance
summary TheSPCC regulations and Minnesota s s AST and UST regulations are vastly different, and permit holders cannot assume that compliance with one regulation applies to all others. Many of the Minnesota regulations can be confusing and are hidden in statutes or guidance documents and may not be included in facility permits. Be sure to document compliance with ihboth.
questions? contact information: Aisha ih Beaty Barr Engineering Co. (218) 529 7130 abeaty@barr.com