USEPA Oil Program

1. USEPA Oil Program SPCC Review/Update USEPA Region 4

2. Topics • Background of the SPCC Regulation • Summary of 2002 SPCC Revisions • Current SPCC Issues • SPCC Guidance Document

3. U.S. EPA Oil Program Functional Areas • Prevention • SPCC • Preparedness • Facility Response Plans • Area Contingency Plans • Response • National Contingency Plan • Local, State, Federal, Responsible Party

4. History of EPA’s Oil Program 1972 Federal Water Pollution Control Act Amendments 1974 Original SPCC Rule 40 CFR part 112 1988 Ashland Oil Spill – Spill Prevention Control and Countermeasures (SPCC) Task Force 1989 Exxon Valdez in Alaska 1990 Oil Pollution Act 1991 Proposed SPCC Rule - complete revision of existing rule 1993 Proposed SPCC Rule - amendments 1994 Final Facility Response Plan (FRP) Rule 1997 Additional proposed SPCC amendments 2001 Draft Final SPCC Rule – remanded to OMB 2002 Final SPCC rule published 7/17/02, effective 8/16/02

5. Prevention Requirements • SPCC regulations require the preparation and implementation of site-specific plans to prevent oil discharges that could affect navigable waters and adjoining shorelines • Authority: CWA §§ 311(j)(1)(C) and 501, and codified under 40 CFR Part 112 • Originally promulgated on December 10, 1973, and effective starting January 10, 1974 • Revised rule published on July 17, 2002, and effective on August 16, 2002 • Extensions to SPCC deadlines published on April 17, 2003 and August 11, 2004.

6. Purpose of SPCC - (40 CFR Part 112) • To prevent oil discharges from reaching the navigable waters of the U.S. or adjoining shorelines; • To ensure effective response to the discharge of oil; and • To ensure that proactive measures are used in response to an oil discharge.

7. July 2002 Revised SPCC • Fine-tuned a 30 year old regulation • Strengthened Integrity Testing and PE Certifications • Clarified EPA policies in preamble language • But raised many concerns about long-standing requirements

8. Highlights from the Revised Rule • eliminates the 660-gallon single tank requirement • deminimis container size (55-gal) • USTs regulated by federal or state UST programs are exempt • waste water treatment tanks and process vessels exempt • allows deviations from many requirements

9. Compliance Date Extensions • Compliance dates for the SPCC amendments were extended in 2003 and 2004 (§§112.3(a) and (b)). • Provides additional time for regulated community to update or prepare Plans, especially following the litigation settlement (2004 extension). • Alleviates the need for individual extension requests. • The 2004 extension also amended the compliance deadlines for onshore and offshore mobile facilities (§112.3(c)).

10. Current Compliance Dates

11. During the extension… Facilities must maintain a Plan. The regulated community will update/prepare Plans and have additional time to understand recent clarifications of the rule. EPA is developing guidance to address the performance-based nature of the rule. After the extension… Regional Guidance will be available to the public Facilities must have an SPCC Plan in compliance with revised rule provisions. EPA will address additional issues as needed. Compliance Date Extensions

12. Notices of Data Availability • EPA is considering alternative approaches to ensure protection from oil spills for: • Facilities that handle below a certain threshold of oil • Oil-filled and process equipment • Published Notices in the Federal Register on September 20, 2004. • Comment period ended November 19, 2004 • Received comments, including data and analyses, to help assess the merit of these alternatives. • See www.epa.gov/oilspill for more information.

13. Current Rulemaking Focuses • NODA Regulatory Actions – Short Term • Intend to propose a definition of the universe of facilities/equipment for which EPA is considering streamlined SPCC requirements • Intend to propose streamlined requirements for facilities defined as “certain facilities” and equipment defined as “oil-filled equipment” • Consideration given to looming February deadlines • SPCC Regulatory Modifications – Longer Term • Intend to clarify requirements through additional rulemaking

14. Regional Guidance • EPA acknowledges there are additional policy issues that require clarification and is working to address them. • Clarifications can often be addressed through performance-based provisions of the rule. • Currently developing guidance to regional inspectors on how to evaluate SPCC Plans when environmental equivalence and impracticability are claimed.

15. Regional Guidance • Examples of issues addressed in guidance: • Secondary containment as it relates to loading racks, mobile/portable containers • Integrity Testing as it relates to shop-built containers • Facility Diagrams • Oil-water Separators • Piping • Sample SPCC Plans • Frequently Asked Questions (FAQs)

16. As the Extension Expires • Guidance for regional inspectors and the regulated industry will be publicly available EARLY FALL 2005.

17. For Additional Information • Ted Walden EPA R4 404-562-8752 walden.ted@epa.gov • www.epa.gov/oilspill • National SPCC/RCRA Hotline 1-800-424-9346

18. Tank You!!!