EPA REGION 2 UPDATE Presenter: Francesco Maimone Physical Scientist Date: October 10, 2017 For: 5 th NY Storage Tank Conference \ Environmental Protection Agency
EPA REGION 2 UPDATE
Presenter: Francesco Maimone
Physical Scientist
Date: October 10, 2017
For: 5th NY Storage Tank Conference
\
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
Francesco Maimone
Physical Scientist
732-321-4483
Michael Hodanish
Oil Enforcement Coordinator
732-321-4372
EPA Oil Spill Prevention & Preparedness
Website
https://www.EPA.gov/oil-spills-prevention-
and-preparedness-regulations/
Environmental Protection Agency
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