U.S. ENVIRONMENTAL PROTECTION AGENCY
MID-ATLANTIC REGION
UARY 2009
Serving: Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and West Virginia
SPCC/FRP Inspection - What to Expect
As a facility manager, what comes to mind when you hear
the word inspection? Despite the fact that the regulations
have been in effect for years, EPA inspectors find that many
facility owner/operators were not aware of why they were
being inspected. Another thing they did not know was what
to expect during and after the inspection.
The inspections have two purposes. First, inspections help
to ensure that oil storage facilities comply with the regulation.
Second, on site inspections give the Environmental Protection
Agency (EPA) personnel the opportunity to educate owners
and operators about the regulation and methods for ensuring
compliance. There are three main reasons why a facility may
be inspected. There are routine, "for cause" and for case
development support and follow-up inspections. The routine
inspections are generally conducted to determine compliance
with a program's requirements. These are generally conducted
for a certain subpopulation of the regulated community, which
is selected through some type of neutral facility targeting
scheme. A "for cause" inspection is conducted at a facility if
there is some reason to suspect a violation (through a tip,
complaint, or self monitoring report), or because you have
had two or more spills within one year. Overall, the inspector
would know what he or she is looking for in these inspections.
An inspector may revisit a facility to conduct a case
development support and follow up inspection to collect
additional evidence to support enforcement actions or
determine whether a facility has returned to compliance.
When an Oil inspector visits your facility, there are a few
tips that can make the inspection proceed smoothly. The
inspector will announce him/herself and ask for the person
responsible for the facility SPCC/FRP plan. The inspector
should be directed to a person who can present the inspector
with the written SPCC/FRP plan and answer questions about
the plan. The inspection is an evaluation of the effectiveness
of your written plan and the application of that plan at your
facility. The plan will be reviewed to determine whether it
meets at least the minimum requirements of the SPCC/FRP
Regulation. The inspector will review records such as,
training, tank inspection, dike drainage, etc. Records of these
inspections should be maintained for three years.
After reviewing the plan, the inspector will conduct a site
tour and ask specific questions regarding the implementation
of the facility plan. Other information that will be helpful
include a site map, list of tanks and their storage capacity,
and location of the nearest navigable water, storm sewers,
etc. The inspector will check the tanks for leaks,
discoloration, corrosion, cracks, gaps between tank and
foundation, and vegetation. They will also check pipes and
valves for evidence of leakage at joint and seams, and bowing
of pipes between supports. The secondary containment also
is another area that will be checked. If you have any response
equipment the inspector will want to check it as well.
Photographs will be taken during the site tour.
After the inspection, and upon returning to the office, the
Inspector will do a more thorough review of your SPCC/
FRP Plan. If violations are found, you may be subject to an
enforcement penalty action. On the other hand, if no
violations are found, your case will be closed. EPA has the
authority under the Clean Water Act to take administrative,
or civil judicial actions.
The mission of the EPA is to protect human health and to
safeguard the environment upon which life depends. We are
counting on you to help us accomplish our mission.
TO REPORT SPILLS
National Response Center
Chemical or Oil
1-800-424-8802
EPA Region III OIL PROGRAM UPDATE
FEBRUARY 2009
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Tier II or not Tier II, what is your answer?
In 1986 Congress enacted the Emergency Planning and
Community Right-to-Know Act (EPCRA) which is also
known as the Superfund Amendments and Reauthorization
Act (SARA) Title III. In addition to establishing release
reporting requirements (EPCRA Section 304), EPCRA
established emergency planning and community right to know
requirements under Sections 302, 303, 311 and 312 so that
first responders and the community had access to information
regarding hazardous chemicals and substances that were
present in their communities. To aide emergency planning
efforts, facilities subject to EPCRA are required to provide
annual chemical storage information to State and Local
entities. This information is most often submitted in the form
of a Tier II.
What is a Tier II?
A Tier II is an Emergency and Hazardous Chemical Inventory
Form that is required to be annually submitted, by March 1st
of each year, to the State Emergency Response Commission
(SERC), the Local Emergency Planning Committee (LEPC)
and the local fire department if extremely hazardous
substances (EHSs) and/or hazardous chemicals are used,
produced, manufactured or stored onsite above the threshold
planning quantity (TPQ) or the minimum threshold limit
(MTL). The Tier II provides the maximum daily storage
quantity, location, and physical characteristics of the EHS
and/or hazardous chemicals that are stored onsite during the
previous calendar year.
Who is required to submit a Tier II?
Any facility that meets or exceeds a threshold planning
quantity (TPQ) or 500 pounds whichever is lower and/or is
required by Occupational Safety and Health Administration
(OSHA) regulations to maintain material safety data sheets
(MSDSs) for hazardous chemicals stored or used in the work
place and stored above the minimum threshold limit (MLT),
10,000 pounds, may be required to submit a Tier II.
Are petroleum products exempt from the reporting
requirements of Sections 311 and 312?
Petroleum products are not specifically exempted from
Sections 311 or 312 reporting. However, some products could
fall under the exemption listed in Section 31 l(e).
To learn more about SERCs, LEPCs, Tier Us and EPCRA,
you can access information at the following website:
http://www.epa.gov/emergencies/content/epcra/index.htm
Final Rule
Delay of Effective Date and Request for
Comment
On January 29, 2009, in accordance with the January 20,
2009, White House memorandum entitled "Regulatory
Review" and the Office of Management and Budget
memorandum entitled, "Implementation of Memorandum
Concerning Regulatory Review," EPA is delaying by 60 days
the effective date of the final rule that amends the Spill
Prevention, Control, and Countermeasure (SPCC)
regulations promulgated in the Federal Register on
December 5, 2008. The amendments will now become
effective on April 4, 2009.
Additionally, EPA is requesting public comment on the delay
of the effective date and on the requirements of the Rule
and specifically, requirements for produced water containers
at oil production facilities and the criteria for identification
of qualified oil production facilities eligible to self-certify
their SPCC Plans. Comments must be received on or before
March 5, 2009. Finally, the Agency is also reviewing the
dates by which owners or operators of facilities must prepare
or amend their SPCC Plans, and implement those Plans.
Neither this delay, nor the December 5, 2008, final rule
remove any regulatory requirement for owners or operators
of facilities in operation before August 16,2002, to maintain
an SPCC Plan in accordance with the SPCC regulations.
Final Rule
Amend Compliance Dates for SPCC Rule
In accordance with the January 20, 2009, White House
memorandum entitled "Regulatory Review," EPA has
withdrawn the SPCC Compliance Dates Final Rule from
the EPA Web site and from publication within the Federal
Register, pending further Agency review. This withdrawal
does not remove any regulatory requirement for owners or
operators of facilities in operation before August 16, 2002,
to maintain an SPCC Plan in accordance with the SPCC
regulations
Navigable Waters
The Environmental Protection Agency (EPA) issued a final
rule changing the definition of "navigable waters" in the Spill
Prevention, Countermeasure and Control (SPCC) regulation.
In accordance with a recent court order, the definition is
restored to that promulgated by the agency in 1973. This
change is effective immediately. 73 Fed. Reg. 71941
EPA Region III OIL PROGRAM UPDATE
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SPCC Plan Requirements
40 CFR 112 is the standard against which SPCC plans are
judged and should be used as the primary guide in developing
SPCC plans.
An inspector's checklist is designed to assist EPA inspectors
in conducting a thorough review of the SPCC plan. The
checklist is organized according to the SPCC rule. Each item
in the checklist identifies the relevant section and paragraph
in 40 CFR part 112 where that requirement is stated.
Sections 112.1 through 112.6 specify the applicability of the
rule and requirements for the preparation, implementation,
and amendment of SPCC Plans.
Section 112.7 through 112.12 specify requirements for spill
prevention, control, and countermeasures.
40 CFR 112.7 requirements state that if the plan does not
follow the sequence specified in 40 CFR 112.7, the Plan
must be equivalent and acceptable to the Regional
Administrator and address all the requirements in 40 CFR
112.7. The Plan must also be supplemented with a section
cross-referencing the location of requirements listed in
section 112.7 with the equivalent requirements in the Plan.
Attention All Facility Response Plan
Regulated Facilities
Do you know your EPA-issued facility identification number?
Did you know that the regulations (40 CFR Part 112.20 (d)(3)
require that this information be provided to EPA along with
any revisions or updates to your Plan? In EPA Region III, we
assign a facility specific Regional Identification Number (i.e.
PA-FRP-XXX) that begins with the designated state. When
the Region receives a new FRP we perform a cursory review
of the plan to determine if the facility should be classed as:
Sub-Harm or Significant and Substantial Harm. After this
determination is made, the Region sends out a Notification
of Plan Receipt Letter.
Many years ago when the Rule was Proposed (February 17,
1993) the deadline for submission of the Plans was February
18.1993. As you may remember, in 1990, Congress passed
the Oil Pollution Act (OPA) in part to expand the scope of
public and private planning and response activities associated
with discharges of oil. The OPA amended Section 311 of the
Clean Water Act (CWA) which required that owners/operators
of "substantial harm facilities" must submit their response
plans by February 18, 1993 or stop handling, storing, or
transporting oil. As a result of this OPA mandated deadline,
hundreds of boxes and packages arrived at the EPA Regional
Office in Philadelphia on February 18th and the weeks that
followed.
Some of you will also remember that the FRP Final Rule
was not published in the Federal Register until July 1, 1994.
This Rule became effective August 30, 1994.
In the scramble to get Notifications to the facilities and EPA
Headquarters wanting to track FRP submissions nationally,
two Facility ID Numbers were assigned to those facilities
that submitted their plans in 1993. The number (i.e.
FRP03AXXXX) assigned by Headquarters is no longer valid.
The Regional ID Number is the only FRP identifying number
that we track. As we have seen through the years, many
facilities have gone through several owners/operators and it
is important that the EPA-issued (i.e. PA-FRP-XXX)
facility identification number is submitted with all
correspondence.
If there is a facility change that materially may affect the
response to a worst case discharge {see 112.20(d)(l)}, the
owner/operator must submit revised portions of the response
plan within 60 days of such change. In EPA Region III, we
request that all FRP submissions be sent to the attention of
the FRP Coordinator (3HS61) and not the Regional
Administrator. If you need to confirm your FRP Regional
ID Number, please call Linda Ziegler, Region 3 Facility
Response Plan Coordinator, at (215) 814-3277.
Checklist for Key Elements
of a Model Facility Response Plan
Emergency Response Action Plan (an easily
accessible stand alone section of the overall plan).
Facility name, type, location, owner, and operator
information.
Diagrams of facility and surround layout,
topography, and evacuation information.
Emergency notification, equipment, personnel, and
evacuation information.
Identification of small, medium, and worst case
discharge scenarios and subsequent response
actions.
Description of discharge detection procedures and
equipment.
Detailed implementation plan for containment and
disposal.
EPA Region III OIL PROGRAM UPDATE
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Is Spill Prevention Cost Effective
Prevention measures are always a more cost effective way
to approach environmental protection, and environmental
compliance can pay for itself in most situations.
EPA's Oil Pollution Prevention Regulations promulgated
under the federal Clean Water Act (CWA) require SPCC
Plans for facilities that store oil capable of reaching a water
body. "Oil" is defined by the EPA and the CWA to include
petroleum and petroleum products, fuel oil, sludge, waste
oil, vegetable oil, and animal oils. Penalties for not complying
with these laws can be as high as $37,500 per day per
violation.
If proper safeguards are not in place and your facility
discharges oil, the costs for oil spill cleanups can be
staggering. Estimating the costs associated with an oil spill
cleanup is difficult and complex. The direct costs associated
with cleaning up spills are strongly influenced by the
circumstances surrounding the spill. Some of the factors
include, type of oil; amount spilled and rate of spill; physical,
biological and economic characteristics of the location;
weather and water conditions; time of the year; and
effectiveness of the cleanup. Cleanup costs for even small
to medium spills can costs hundreds of thousands of dollars.
In addition to the direct costs associated with the actual
cleanup, the owner or operator of a facility from which oil is
discharged is also liable for the indirect costs associated
with any damages resulting from the spill. Additional
indirect costs include liability for removal and monitoring
costs incurred by the Federal and State Government.
Finally, Section 311(b) of the CWA states that the owner
and/or operator from which oil is discharged shall be subject
to a Civil Penalty in an amount up to $37,500 per day of
violation or an amount up to $1,100 per barrel of oil
discharged.
Oil spills endanger public health, contaminate drinking water,
devastate natural resources, and can disrupt the economy.
Finally, there may be individuals or environmental groups
filing civil suits against your facility for damage to them or
their property. Spills are expensive and should be prevented
by initiating a rigorous prevention program.
National Contingency Plan (NCP) Subpart
J - Product Schedule
Subpart J is a section of the National Oil and Hazardous
Substances Pollution Contingency Plan (NCP) which
stipulates the criteria for listing and managing the use of
dispersants and other chemical and biological agents used
to mitigate oil spills. Subpart J is found in 40 Code of
Regulations Part 300.910. The NCP Product Schedule was a
result of a requirement from Section 311(d)(2) of the Clean
Water Act and Section 4201(a)(G) of the Oil Pollution Act of
1990 which requires the President to prepare a "schedule of
dispersants, other chemicals, and other oil spill mitigating
devices and substances, if any, that may be authorized for
use on oil discharges..." The Environmental Protection
Agency (EPA) prepares and maintains the NCP Product
Schedule (Schedule).
What type of oil spill control products are listed on the
NCP Product Schedule? The Schedule includes chemical
and biological agents that collect, remove, disperse or
bioremediate oil. NCP Product Schedule categories
include:
Dispersants - used to break up oil on the water's surface,
causing it to disperse down into the water column where
natural processes can degrade the oil droplets (used in
Marine/Coastal waters).
Surface washing agents - only used on solid surfaces to
lift and float oil to better absorb, vacuum or collect the oil.
Bioremediation agents - microbes, nutrients, enzymes, or
a combination intended to encourage the degradation of oil.
Miscellaneous oil spill control agents (MOSCA) -
including chemical based sorbents and solidifiers and
products other than above categories.
Where can I find the procedures for listing a product on the
NCP Product Schedule?
Data requirements for new products are found at 40 CFR §
300.915. Specific toxicity and effectiveness protocols are
found in Appendix C to Part 300 of the NCP (40 CFR §
300.920). For copies of the regulation and the product
schedule, visit the EPA Subpart J - NCP Product Schedule
web page at: http://www.epa.gov/emergencies/ncp.
For More Information
Visit the EPA Emergency Management Web Area:
www.epa.gov/emergencies/ncp
Call the NCP Product Schedule Information Line:
(202) 260-2342
Write to the NCP Product Schedule Manager:
U.S. Environmental Protection Agency
Office of Emergency Management
Regulation and Policy Development Division
1200 Pennsylvania Avenue, NW - 5104A
Washington, DC 20460
Attn: NCP Product Schedule Manager
EPA Region III OIL PROGRAM UPDATE
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FACILITY CHANGES
20 Year Anniversary of the Exxon Valdez
When changes occur at a facility that materially affects a
facility's ability to respond to a worst case discharge, the
facility owner or operator is required to provide EPA with a
copy of the FRP revisions that address these changes, within
60 days of each material change - 40 CFR § 112.20(d) (1).
Facility changes that may materially affect the response to a
worst case discharge include items 1-5:
1. A change in the facility's configuration that materially
alters the information included in the response plan.
2. A change in the type of oil handled, stored, or transferred
that materially alters the required response resources.
3. A material change in capabilities of the oil spill removal
organizations (s) that provide equipment and personnel
to respond to discharges of oil.
4. A material change in the facility's spill prevention and
response equipment or emergency response procedures.
5. Any other changes that materially affect the
implementation of the response plan.
In Addition:
6. Facilities are required to provide to EPA any changes to
personnel and telephone lists included in the FRP.
7. Review the C-II form (Certification of the applicability
of the substantial harm Criteria) and update same as
needed.
If you have any questions you may contact Linda Ziegler-
Rice, Oil Program FRP Coordinator @ 215-814-3277
or Frank Howard, Senior Environmental Employment
Program (SEE) enrollee @ 215-814-3162.
What information can I find on previous
spills?
The National Response Center has an on-line query system
with oil and chemical spill data reported to the Center. Data
received via the National Railroad Hotline (1-800-424-0201)
are also available as are reports taken during drills or spill
exercises. This system provides full query capability on all
non-Privacy Act data collected by the NRC since 1990.
Additionally, yearly data from 1982 to 2007 can be
downloaded for viewing offline.
Next month will mark the 20th anniversary of the Exxon
Valdez oil spill. On the evening of March 23, 1998 the Exxon
Valdez departed the Alyeska marine terminal in Valdez,
Alaska, enroute to Los Angeles with 53,094,510 gallons of
crude oil.
The Exxon Valdez ran aground on Bligh Reef, Prince William
Sound four minutes after midnight on Good Friday morning,
March 24th, 1989. The severity of the grounding is attributed
to the sound's rocky bottom, coupled with the vessel's
momentum. The enormous damage caused a rapid loss of
cargo. Within five hours, 10.1 million gallons of oil had
been spilled into Prince William Sound. It is considered one
of the most devastating man made environmental disasters
ever to occur at sea.
The region was a habitat for salmon, sea otters, seals, and
seabirds. Both the long and short term effects of the oil spill
have been studied comprehensively. Thousands of animals
died immediately. Due to a thorough cleanup, little visual
evidence of the event remained in areas frequented by humans
just 1 year later. However, the effects of the spill continue to
be felt today. Overall reductions in population have been seen
in various ocean animals, including stunted growth in pink
salmon populations. Sea otters and ducks also showed higher
death rates in following years, partially because they ingested
prey from contaminated soil and from ingestion of oil residues
on hair due to grooming. Almost 20 years after the spill,
scientists found that the effects are lasting far longer than
expected. Scientists estimate some shoreline habitats may
take up to 30 years to recover.
From Bligh Reef, the spill stretched 470 miles southwest to
the village of Chignik on the Alaska Peninsula.
Approximately 1,300 miles of shoreline were oiled. 200 miles
were heavily or moderately oiled (obvious impact); 1,100
miles were lightly or very lightly oiled (light sheen or
occasional tar balls). The spill region contains more than
9,000 miles of shoreline. Exxon Shipping Company was
renamed Sea River Shipping Company. The Exxon Valdez
was repaired and renamed the Sea River Mediterranean and
is used to haul oil across the Atlantic Ocean. The ship is
prohibited by law from returning to Prince William Sound.
The timing of the spill, the remote and spectacular location,
the thousands of miles of rugged and wild shoreline, and the
abundance of wildlife in the region combined to make it an
environmental disaster well beyond the scope of other spills.
EPA Region III OIL PROGRAM UPDATE
5
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42 Gallons = Barrel Why?
Did you ever wonder why 42 gallons equal a barrel and not
50 gallons? Initially barrels were designed to hold 50 gallons.
However, the barrels were made of loose fitting wooden planks
and even looser lids that leaked a lot. Furthermore, the wooden
barrels were transported from the oil fields by horse and wagon
on bumpy unpaved trails which made them lead even more.
The end result was that a barrel that stared out at 50 gallons
ended up at the customer's doorstep with a lot less. Customers
were not pleased about paying for oil they did not receive.
An adjustment was instituted that averaged the loss to 8
gallons; hence, 42 gallons equal a barrel.
For More Information
Read the final SPCC rule amendment:
http://w ww.epa.gov/emergencies/content/spec/
spcc_nov08amend.htm
Comment on the final SPCC rule amendment and review docket
documents:
http://www.regulations.gov. Follow the online instructions to
comment on Docket ID No. EPA-HQ-OPA-2007-0584
Review the Oil Pollution Prevention regulation (40 CFR part
112):
http://www.gpoaccess.gov/cfr/
Call the Superfund, TRI, EPCRA, RMP, and Oil Information
Center:
(800) 424-9346 or (703) 412-9810
TDD (800) 553-7672 or (703) 412-3323
http://www.epa.gov/superfund/resources/infocenter
2009 Freshwater Spills Symposium
Hosted by the U.S. Environmental Protection Agency
April 28-30, 2009
St. Louis, Missouri
Web site: http://www.epa.gov/emergencies/content/fss/
index.htm
Region III Oil Program
Contacts:
Joan Armstrong (215) su-siss
- Chief, Oil and Prevention Branch
Linda Ziegler-Rice (215) 814-3277
- FRP Coordinator
Anne Gilley
- SPCC Coordinator
(215) 814-3293
Stephanie Denhard (215) 814-3234
- Acting SPCC Coordinator
Paula Curtin (304) 234-0256
- Spill Enforcement Coordinator
Arlin Galarza
- SPCC/FRP Inspector
Wanda Mercado
- SPCC/FRP Inspector
Andrea Bain
- SPCC/FRP Inspector
Joe Albert - SEE
- SPCC/FRP Inspector
(215) 814-3223
(215) 814-3183
(215)814-3292
(304) 234-0253
Frank Howard - SEE (215) 814-3162
- Environmentalist
Larry Holliday - SEE (215) 814-3347
- Environmental Protection Specialist
Paula Curtin, Editor
Spill Enforcement Coordinator
US EPA Region III
1060 Chapline Street
Wheeling, WV 26003
Curtin.Paula@epa.gov
EPA Region III OIL PROGRAM UPDATE
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