3711 APWA SPCC Paper · PDF file... PE – WPC, Inc. William Deal, PE ... Ashland Oil Tank Rupture in ... Maine Oil Facility Agrees to Pay Fine to EPA for Lack of Oil Spill

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Ivan A. Cooper, PE – WPC, Inc.William Deal, PE - Charlotte Mecklenburg Utilities

APWA International Congress & ExpositionSeptember 11, 2007

Henry B. Gonzalez Convention Center, San Antonio, TX Session Code: 3711

Spill Prevention Control and Countermeasure (SPCC) Plan Regulatory Update

Agenda• Overview of SPCC Rule & History• SPCC Plan Requirements• December 2006 Amendments • Selected Plan Elements

– Secondary Containment– Contractor Operations– Security Issues– Testing/Records– Contingency Plan

• Examples of Spills and Fines• CMU Example Site and Plan Development• Conclusions and Lessons Learned

SPCC Rule Overview

• Oil Pollution Prevention and Response regulation (40 CFR 112) – Outlines requirements for prevention of, preparedness for,

and response to oil discharges – Prevention requirements called the “SPCC rule”– Includes requirements for

Contingency Plans /Facility Response Plans (FRPs) • Requirements help prevent oil discharges from reaching

navigable waters or adjoining shorelines

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SPCC Rule Overview

• Requires specific facilities to develop SPCC Plans – Details equipment, workforce, procedures, and training to

prevent, control, and provide adequate countermeasures to a discharge of oil

– Petroleum and AFVO– 1,320 gallons of oils in containers 55 gallons and larger

• Bulk Storage (fuels, drums of maintenance oils)• Operational Equipment – Transformers, hydraulic fluid pumps, etc.• Process Tanks (manufacturing equipment, oil skimmings holding tank)

History

• 1973 - Oil Pollution Prevention Regulation - 40 CFR 112 first published under the Clean Water Act

• 1989 - Exxon Valdez oil spill• 1990 - Oil Pollution Act revised 40 CFR 112, giving EPA more authority• July 17, 2002 - EPA makes substantive changes and sets deadlines to• 8/2004 (SPCC Plans) and 2/2005 (implementation)• May 25, 2004 - EPA and others partially settle litigation on issues requiring

further clarification • August 11, 2004 - Deadlines extended to 2/06 (SPCC Plans) and to 8/06

(implementation)• December 2005 – EPA Regional Inspectors Manual Published• December 2006 – New EPA SPCC Rules• May 2007 - SPCC Plans by July 1, 2009

Key SPCC Plan Elements• Management Commitment and Approval• Facility Information• Spill prevention, control, cleanup and waste disposal• Secondary containment and diversionary control structures

- to prevent spills reaching navigable waters (Passive Measures)• Countermeasures - to contain and clean up spills (Active)• Spill response procedures - who’s responsible, who do you

notify, and coordinate with Fire Dept, 911, others!• Spill predictions • Facility Drawing• Inspections / Tests / Records - tank integrity testing • Security Issues• Loading/unloading containment• Training - in order to minimize or prevent future spills

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December 2006 AmendmentsKey Dates

• Final Rule published December 26, 2006• Final Rule effective February 26, 2007 (May 2007 extends date)• Compliance Dates for facilities that start:

• On or before August 16, 2002 -Maintain its existing Planand Amend and implement the Plan no later than July 1, 2009*

• After August 16, 2002 through October 31, 2007 (now July 1, 2009)Prepare and implement a Plan no later than July 1, 2009*

• After July 1, 2009Prepare and implement a Plan before beginning operations*

New Streamlined* Requirements for…

• Facilities with an oil storage capacity of 10,000 gallons or less (“qualified facilities”)

• Oil-filled operational equipment– Impracticability?

• Mobile refuelers• Animal Fats and Vegetable Oils

– some exclusions

• New Compliance Dates

Qualified Facilities

• Must meet eligibility criteria to use alternative option – 10,000 gallons maximum total container storage – 3 years prior, no single discharge exceeding 1,000 U.S. gallons or two

discharges each exceeding 42 U.S. gallons within any 12-month period

• Self-certified regulatory requirements– Self-certified SPCC Plan without Regulatory Deviations, or– Self-certified integrity testing requirements– Self-certified facility security requirements

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Self-Certification• Owner/operator attests that he/she is familiar with the rule and

has visited and examined the facility• Owner/operator also certifies that:

– The Plan has been prepared in accordance with accepted and soundindustry practices and standards and with the rule requirements

– Procedures for required inspections and testing have been established– The Plan is being fully implemented– The facility meets the qualifying criteria– The Plan does not deviate from rule requirements except as allowed and

as certified by a PE (a hybrid plan)– Management approves the Plan and has committed resources to

implement it

Alternative Facility Security Requirements in Self Certified Plans Allows Qualified Facilities to:

• Describe how they prevent acts of vandalism and assist in the discovery of oil discharges,

• All Plans include Security Requirements:– Control access to the oil handling, processing and storage

areas – Fences, Locks, Security Guards, CCTV, etc.– Secure master flow and drain valves and out-of-service and

loading/unloading connections of oil pipes– Prevent unauthorized access to starter controls on oil pumps– Requires security lighting

Contingency Plan (40 CFR 109.5)

• Needed if Environmental Equivalency deviations from exact wordings required by 40 CFR 112 or Impracticality claimed in PE certified Plans

• or deviations from Regs in self certified plans sections where self certification is allowed (only security and integrity testing)

• Contains detailed oil spill response and removal plan • What cleanup equipment is available and where it is on the site• Outside cleanup contractors – who is on call, phone numbers, etc.

• A sample contingency plan is available in the SPCC Guidance for Regional Inspectorsavailable at www.epa.gov/oilspill

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Ashland Oil Tank Rupture in Pennsylvania Spilling 750,000 gals into the Monongahela and Ohio Rivers in 1988

Oil Spills – Why Integrity Test?

Inspections / Tests / Records- tank integrity testing req’d. for certain facilities

If don’t meet exclusions, then Visual Inspection, plus either

• Hydrostatic testing• Radiographic testing• Ultrasonic testing• Acoustical emissions testing• Magnetic Particle testing of welds• Magnetic Flux testing of bottom

Inspections / Tests / Records• The 2004 Settlement Excludes Shop Built Tanks less than 30,000 gals.

EPA allows a visual inspection to qualify as an "equivalent environmental inspection" if all sides of the container, including the bottom, are visible during inspection, IF:

– 1. Visual inspection plus elevation of a shop -built container in a manner that decreases corrosion potential

– 2. Similar, an approach that combines visual inspection with a b arrier between the container and the ground, so that any leaks are immediately detected

• Inspection Reports are required (weekly, monthly), Test reports and records must be kept for 3 years.

• Other Bulk Storage (Shop built or Field Erected) and pipes and valves must be tested visually AND by another method

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• Bulk Storage (Use Passive systems for “Specifically Sized Bulk Storage Containers” 40 CFR 112.8)– Dual Walled tanks, berms, concrete curbs, retention ponds or

diversionary structures

• General Facility Requirements (Use Active controls for facility containment 40 CFR 112.7 to prevent a discharge– Booms, pads, socks, area drain temporary covers, others

Secondary Containment

Examples Of Secondary Containment

UL-142 Tank Diked Single or Dual Walled Tank

UL-2085 Fire Rated Dual Wall Tank

Delivery Containment Area and Dual Walled Tanks in Rear

Drum Storage needs Secondary Containment

Examples Of Secondary Containment

Concrete Curb holding volume of largest tank, Covered to exclude precipitation

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Examples Of Secondary Protection

Fuel Delivery Box with Quick Disconnect Coupling, Contains Small Spills

Fines And Penalties•FEDERAL •With SPCC Guidance manual, ramp up of inspections• Administrative Penalties

•Class 1 - $10,000 per violation up to $25,000•Class 2 – more serious - $25,000 per day up to $125,000

• Judicial Penalties•$25,000 per day or $1,000 per barrel spilled•If willful, no less than $100,000 or $3,000 per barrel spilled•If oil spilled, up to 3 x cost of cleanup•If fail to comply with your SPCC Plan - $25,000 per day

•Criminal Penalties – failure to notify if a spill or willful acts•$250,000 per individual, $500,000 per corporation, 5 years in Jail•Can revoke facility’s operating permit

•EPA Inspecting ~1000 facilities/year

•STATE CAN IMPOSE CONCURRENT FINES!!!

Examples Of Fines And Penalties

• Great Barrington, Mass. Oil Facility Faces Fine for Oil Spill and Lack of Adequate Spill Prevention Plan

• 1,600 gallons of diesel fuel from piping connected to two of its above ground storage tanks in Feb. 2004. The oil traveled outside of the faci lity’s containment dike through a hole in the dike wall into the Housatonic River.

•Inadequate SPCC Plan

•Fined $157,500 later reduced to $60,000

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Maine Oil Facility Agrees to Pay Fine to EPA for Lack of Oil Spill Plan

•To settle claims that it had failed to guard against oil spills at its North Bath, Maine facility, an oil delivery company agreed to pay $35,000 to the federal government.


Connecticut’s Pennywise Oil Facility Faces EPA Fine for Lack of Oil Spill Plan•Company faced fines of up to $157,500 for allegedly not having "Spill Prevention, Control, and Countermeasure" (SPCC) plans in place at either Westbrook or its bulk tank farm in Essex, Settled for $22,000

Long Island Sound


• EPA Sues Nine Municipal Facilities in New England for Oil Spill Prevention Deficiencies– East Windsor, Conn. wastewater treatment plant – Meriden, Conn. wastewater treatment plant – Manchester, Conn. wastewater treatment plant – Danvers, Mass. drinking water treatment plant – Upper Blackstone (Mass.) wastewater treatment plant – Attleboro, Mass. wastewater treatment plant – Fall River, Mass. drinking water treatment plant – Pawtucket, R.I. drinking water treatment plant – Brewer, Maine wastewater treatment plant

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Standby Generator Oil Spills• Day Tank Controls Failure –McNeill Island, WA• Flow switch at emergency generator day tank failed to shutdown the refill

pump. • Refill pump continued to pump diesel from the main 10,000-gallon storage

tank located outside the emergency generator building and caused the emergency generator day tank to overflow.

• Diesel escaped from the day tank through the cap vent hole and the tank vent pipe. The oil escaping inside the building from the vent cap overwhelmed the oil water separator and flowed to the wastewater treatment facility.

• The oil escaping outside the building from the tank vent pipe on the roof made its way to nearby stormwater piping and then to the adjacent wetland.

Contractor Operations

• Contractor’s Activities– Responsibility of Utility– If Facility is regulated

under SPCC, then contractor at site is also required to comply

Contractor Tank on Wastewater Treatment Plant Construction Site

Charlotte Mecklenburg UtilitiesSPCC Program Goals

• Prepare SPCC Plans at all regulated facilities• Combine SPCC Plans with Chemical Spill Plans• Inventory all USTs and ASTs at regulated and non-regulated

SPCC sites• Bulk Purchase of Spill Containment items and distribute to sites• Structured CIP Upgrade of tank, generators, and other

components• Frequent inspections of all facilities• Remote sensing of tank leaks the “Pneumicator” at new ASTs,

Delivery Area Containment where appropriate• Documentation upgrades• Stay ahead of the curve!

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Charlotte Mecklenburg UtilitiesDesign Elements for Spill Control at Catawba River Pump Station

• New 5000 gallon tank• Dual wall Construction UL 2085 ( Firegurard Tank)• Fill Control shutoff devices• Visible Dial Gauge• Remote readout of tank level and leak into Secondary

Containment• Fuel Fill box• Tank truck fill containment area• Flexible cover over curb inlet in containment area• Shutoff valve at curb inlet box• Oil/Water Separator at Storm drain after shutoff valve

CMU Catawba River Pump Station

5,000 Gal UL-2085 AST

Truck Delivery Containment Pad

Curb Inlet With Flexible Drain Cover Attached to Curb

Curb Inlet Shutoff Valve

Oil/Water Separator

Old Raw Water Intake


5,000 Gal UL-2085 AST

Truck Delivery Containment Pad

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Fuel Delivery Box to Reduce Spills

Electronic Level Sensor and Transmitter “Pneumicator 2000”


Visual Tank Level Indicator Curb Inlet and Drain Shutoff Valve –Rubber Mat to Be Placed Over Curb Inlet During Filling Operation


Oil/Water Separator Between Drain Valve and Outfall

Raw Water Intake with Traveling Water Screen Behind Building

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Conclusions and Lessons Learned

Lessons Learned in SPCC PreparationStep 1 - Planning

• Get a commitment of funds, schedule, and management interest • Who will be responsible for plan preparation?• Read the federal register and the EPA’s Guidance Manual • Verify if Facility Response Plan is needed• Prepare a check list of questions• Visit each facility and take copious notes and pictures

Lessons Learned in SPCC PreparationStep 2 – Site Investigation and Data Gathering

• Prepare a table of tanks, secondary containment, or other accept able containment;

• Containment area for bulk loading/unloading of fuels? Is it large enough for largest tank or compartment of the delivery truck?

• Security issues addressed? • Gather emergency contact and training program information • Do a fault analysis of potential failures from tanks, delivery mishaps,

overflows from generator day tank control failures, or contractor operations that may cut control or product lines

• Decide what spill control equipment is needed and where located

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Lessons Learned in SPCC PreparationStep 3 – Plan Preparation

• Develop or upgrade facility graphics – oil storage areas, flow paths if an oil release occurs, – oil in transformers and other electrical equipment that have

shell capacities of 55-gallons or more, USTs– facility drainage and nearby watercourses, and other plan

requirements.• Identify improvements to your utility operation

– secondary containment upgrades, – security or lighting improvements, – fill alarms, – integrity testing schedule– other structural or management items.

• Assemble the information into a written plan – sample plans available in the EPA Guidance Manual

Lessons Learned in SPCC Preparation Step 4 – Plan Maintenance

• Remember to comply with inspection, training, tank integrity testing schedule, and the five year (or more frequent update if tank elements are repaired or changed) updates.

• Develop a policy for documents, training records, and inspectionreports to keep files at least 3 years

• Keep the plan at the site and use it! The plan does not have to be submitted to EPA or the state, but must be available at the facility (if staffed more than 4 hours/day).

SPCC Rule Amendments

QUESTIONS?

UTILITIES REQUIRE UPDATED SPCC PLANS

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Oil Spills

View of Pickup that crashed into loading rack

Charlotte Airport Firefighters Fighting Fire with Foam

Culp Petroleum Rock Hill

Example of adequate planning and response

Documents

3711 APWA SPCC Paper · PDF file... PE – WPC, Inc. William Deal, PE ... Ashland Oil Tank Rupture in ... Maine Oil Facility Agrees to Pay Fine to EPA for Lack of Oil Spill