EPA REGION 2 UPDATE

Presenter: Francesco Maimone

Physical Scientist

Date: October 10, 2017

For: 5th NY Storage Tank Conference

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Environmental Protection Agency

THIS PRESENTATION WILL COVER

SPCC & FRP Snapshots

Inspection types

Documentation

After the Inspection

Compliance Assistance Efforts

Common Questions

What’s New

How to Have a Successful Inspection

Contacts & Website

SPILL PRVENTION CONTROL &

COUNTERMEASURE (SPCC) SNAPSHOT

Regulatory requirements located at 40 CFR Part 112

objective: To prevent oil spills (facility-based) from reaching navigable waters of the United States and adjoining shorelines.

Requirements include:

Preparation & implementation of SPCC plan, tank & piping integrity testing, secondary containment, oil transfer procedures, training requirements, drainage procedures

Program administered by:

1 branch chief, 1 section chief, 16 OSC inspectors, 2 inspectors, SEE assistance

Enforcement administered by:

1 branch chief, 1 section chief, 2 inspectors

Cannot be delegated to states

Over 2600 facilities in Region 2- Source: Oil database (there is no registration requirement)

FACILITY RESPONSE PLAN SNAPSHOT

Regulatory requirements located at 40 CFR Part 112

objective: To prepare and respond to oil spills reaching navigable waters of the United States and adjoining shorelines.

Requirements include:

Preparation & implementation of FRP plan; facility self inspection, testing, drill, & exercise program;

Program administered by:

1 branch chief, 1 section chief, 2 inspectors, 1 OSC, SEE assistance

Enforcement administered by:

1 branch chief, 1 section chief, 2 inspectors

Cannot be delegated to states

239 facilities (Source: Oil database)

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SPCC APPLICABILITY

Is the facility or part of the facility (e.g.

complex) considered non-

transportation-related?

Is the facility engaged in drilling,

producing, gathering, storing,

processing, refining, transferring,

distributing, using, or consuming oil?

Could the facility reasonably be

expected to discharge oil in quantities

that may be harmful into navigable

waters or adjoining shorelines?

Is the total aggregate capacity of

aboveground oil storage containers

greater than 1,320 gallons of oil?

Is the total aggregate capacity of

completely buried storage tanks

greater than 42,000 gallons of oil?or

The facility

IS subject

to SPCC.

The facility

IS NOT

subject to

SPCC.

No

No

No

No

Yes

Yes

Yes

Yes

FRP APPLICABILITY

Transfers over water from vessel and total oil storage capacity greater than or

equal to 42,000 gallons?

Total oil storage capacity greater than or equal to 1 million gallons?

Submit Response Plan

NO

YES

NO

YESNO

NO

YES

YES

YES

NO

NO

YES

No Submittal of Response Plan, except at RA discretion

Located at distance such that

discharge could cause injury to fish and wildlife and sensitive environment?

Located at distance such that discharge would shut down a public drinking water intake?

Within any storage area, lacks secondary containment sufficiently large to contain capacity of largest AST plus sufficient freeboard for precipitation?

Has experienced reportable oil spill in an amount greater than or equal to 10,000 gallons within the last five years?

Depend on

Planning

Distance

SPCC-FRP RELATIONSHIP

SPCC Facilities

(~580,000)

FRP Facilities

(4,279)

INSPECTION TYPES

SPCC

SPCC plan review

SPCC inspection

Spill investigation

Note: SPCC plan review usually done on-site

FRP

FRP plan review

FRP

Government-initiated unannounced exercise (GIUE)

Note: FRP plan review done in office. Facilities required to submit FRP to EPA. Regulatory requirement for EPA to review each sig & sub harm FRP at least every 5 years

SPCC INSPECTIONS

Facility walkthrough (implementation)

Verification of flow path

Verification of inspection records

Visual condition of tanks, piping, equipment

Visual condition of secondary containment structures

Verification of transfer procedures

Verification of security requirements

Closing Conference

AN SPCC INSPECTION CONSISTS OF:

Opening conference

SPCC plan review

Interview with contact person

Document review (implementation)

tank/piping/equipment tests per industry standard

Visual inspections of tanks, piping, equipment, secondary containment

Drainage records

Training

Spill Investigation

FRP FIELD INSPECTION

Self-Inspection Drills/Exercise Review

QI notifications, equipment deployment exercises, tabletop exercises

Facility walkthrough (implementation)

Focus on worst-case discharge tank

Failure Scenarios

Location of Response Resources

Closing Conference

AN FRP FIELD INSPECTION CONSISTS OF:

Opening conference

Cursory on-site FRP review

Interview with Qualified Individual

OSRO Contract

Self-Inspection document review

tank/piping/equipment tests per industry standard

Visual inspections of tanks, piping, equipment, secondary containment

GIUE FRP INSPECTION

Opening conference

Presentation of Small Case Discharge Scenario

Facility Simulation of Small Case Discharge by performing the following:

EMERGENCY NOTIFICATIONS

SIMULATED DEPLOYMENT OF FACILITY RESPONSE MATERIALS

1,000 FEET OF CONTAINMENT BOOM + MEANS OF DEPLOYMENT WITHIN 1 HOUR

ARRIVAL OF RECOVERY DEVICE WITHIN 2 HOURS (USUALLY VACUUM TRUCK/SKIMMER PACKAGE)

Closing Conference

A GOVERNMENT-INITIATED UNANNOUNCED EXERCISE CONSISTS OF:

DOCUMENTATION & REPORT

REQUIREMENTS

EACH INSPECTION REQUIRES COMPLETION OF THE FOLLOWING:

- INSPECTION CHECKLIST (COMPLETED ON-SITE)

- NOTICE OF INSPECTION FORM (COMPLETED ON-SITE)

- DEFICIENCIES FORM (SPCC ONLY, WHEN APPLICABLE. COMPLETED ON-SITE)

- INSPECTION LETTER/REPORT

- OIL DATABASE ENTRIES FOR LETTERS, REPORTS, & UPDATED CONTACT/OWNER

INFORMATION

AFTER THE INSPECTION?

Begin working on deficiencies immediately

A report/letter will be issued by the EPA

Enforcement?

Ultimate Goal: work with facilities to resolve all identified

deficiencies

COMPLIANCE ASSISTANCE

Speaking Engagements

Inquiries from consultants & environmental attorneys (~3/week)

Regulatory clarifications

Bouncing ideas

Inspections and tests

Inquiries from regulated facilities (~2/week)

Is my facility regulated?

Do I need a professional engineer?

SPCC Guidance for Regional Inspectors

COMMON QUESTIONS

What are the regulatory requirements for tank

testing?

What is a Qualified Facility?

Environmental Protection Agency

INSPECTIONS & TESTS [112.8(c)(6)]

• Test tanks for integrity on a regular schedule & when repairs are made

• In accordance with industry standards, following must be determined:

• Appropriate qualifications for personnel conducting tests/inspections

• Frequency/type of inspection or test, which takes into account tank

size, configuration, and design (such as containers that are: shop-

built, field-erected, skid-mounted, elevated, equipped with a liner,

double-walled, or partially buried)

• Example inspections/tests include: visual inspection, hydrostatic,

radiographic, ultrasonic, acoustic emissions, other non-destructive

testing

• Must keep comparison records

INSPECTIONS & TESTS [112.8(c)(6)]

• In addition to tanks, must also inspect:

• Tank supports

• Foundations

• Must inspect outside of container for signs of:

• Deterioration

• Discharges

• Accumulation of oil inside diked areas

QUALIFIED FACILITY: TIER I vs TIER II

Tier 1: No aboveground oil containers greater than 5,000 gallons & total oil storage capacity < 10,000 gallons. Template is available.

Tier II: An aboveground oil storage container can be greater than 5,000 gallons but

total oil storage capacity < 10,000 gallons. No template.

“Hybrid Plan” is a Tier II Plan with environmental equivalence or impracticability

portions of the Plan certified by a PE

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QUALIFIED FACILITY SELF-CERTIFICATION

Owner/operator attests that he/she is familiar with the

SPCC rule and has visited and examined the facility

Owner/operator also certifies that:

The Plan has been prepared in accordance with accepted and sound industry

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

Management approves the Plan and has committed resources to implement it

WHAT’S NEW?

Water Resources Reform & Development Act (WRRDA)

Burden relief for farmers

Navigable Waters definition change?

Status quo for now

Hurricanes Irma & Maria in PR and USVI

What did EPA do?

How did our facilities fare?

Environmental Protection Agency

How to Have a Successful SPCC

Inspection

SPCC Plan

Make sure the SPCC Plan is:

Current & available for review

Stamped/certified by PE (unless self certified)

Approved by Management

Amendments included for changes

Facility Diagram is included

DO NOT COPY/PASTE THE REGULATORY REQUIREMENTS. EXPLAIN HOW YOUR FACILITY MEETS THE REQUIREMENT.

SPCC Records

Make sure the following records are readily available:

SPCC-related training (documentation not required, but best way to demonstrate)

Drainage records

Tank & Piping inspections/tests

Field Implementation

Ensure the following are implemented: Drainage valves are closed

Dikes are empty or have minimal water

No unnecessary “junk” in containment

No open penetrations & cracks in containment

Little to no vegetation in containment

No visible oil discharges

Corrosion is kept to a minimum by using good maintenance and inspection procedures

Loading rack requirements are implemented

Inspection Logistics

Have a conference room available

Know where the appropriate records are located

Provide direct answers to questions

For announced inspections, make sure appropriate

personnel are available and the plan is available for review

EPA REGION 2 SPCC/FRP CONTACTS

Ellen Banner

Section Chief

732-321-4348

Banner.Ellen@EPA.gov

Francesco Maimone

Physical Scientist

732-321-4483

Maimone.Francesco@EPA.gov

Michael Hodanish

Oil Enforcement Coordinator

732-321-4372

Hodanish.Michael@EPA.gov

EPA Oil Spill Prevention & Preparedness

Website

https://www.EPA.gov/oil-spills-prevention-

and-preparedness-regulations/

Environmental Protection Agency

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