REGULATORY BRIEF

On December 5, 2008, the Federal Register published EPA's final rule to amend the SPCC rule in order to provide increased clarity, to tailor requirements to particular industry sectors, and to streamline certain requirements for those facility owners or operators subject to the rule, which should result in greater protection to human health and the environment.

On November 20, 2008, EPA amended the SPCC rule to provide clarity, tailor requirements to particular industry sectors, and streamline certain requirements while maintaining protection of human health and the environment. As part of the Oil Pollution Prevention regulation (40 CFR part 112), the SPCC rule outlines requirements for prevention of, preparedness for, and response to oil discharges. Regulated facilities must develop and implement SPCC Plans that establish procedures and equipment requirements to help prevent oil discharges from reaching navigable waters or adjoining shorelines.

• Home heating oil tanks exempt. The amendments exempt residential heating oil containers (i.e., those used solely at single-family residences) from SPCC regulations.

• Definition of "Loading rack". Tank car and tank truck loading/unloading racks are subject to specific requirements, including sized secondary containment. Section 112.2 defines loading rack this way: "A fixed structure (such as a platform, gangway) necessary for loading or unloading a tank truck or tank car, which is located at a facility subject to the requirements of this part. A loading/unloading rack includes a loading or unloading arm and may include any combination of the following: pipe assemblages, valves, pumps, shut-off devices, overfill sensors, or personnel safety devices."

• Security. EPA modified existing language to allow the tank owner or operator to design the security arrangements at the facility to address the unique, specific geographical/spatial factors that apply. The more prescriptive fencing and other security requirements mandated in the past have been eliminated. Instead, the owner or operator will describe in the SPCC plan "how he will secure and control access to all oil handling, processing and storage areas; secure master flow and drain valves; prevent unauthorized access to starter controls on oil pumps; secure out-of-service and loading/unloading connections of oil pipelines; and address the appropriateness of security lighting to prevent acts of vandalism and assist in the discovery of oil discharges." EPA believes this will eliminate the need for PE-certified environmentally equivalent alternatives to the specified security requirements.

• Bulk plants under 10,000 gallons. Under the new language, in lieu of preparing a full SPCC plan that is PE- or self-certified, an owner or operator of a Tier I qualified facility will have the option to complete a new SPCC plan template found in the rule. Tier I facilities are defined as having a facility under 10,000 gallons of aggregate capacity with no single storage tank greater than 5,000 gallons. A Tier II qualified facility has an aggregate aboveground oil storage capacity of 10,000 gallons or less but has a storage tank capable of storing over 5,000 gallons. While owners and operators of Tier II facilities are still permitted to draft, revise and self-certify their own SPCC plans, any deviation from the SPCC requirements must be PE-certified.

• Tank integrity testing. The bulk storage container testing requirements were amended to provide more flexibility to all facilities subject to the integrity testing provision. Specifically, EPA will now allow an owner or operator to consult and rely on industry standards to determine the appropriate qualifications for tank inspectors/testing personnel and the type and frequency of integrity testing required for a particular container size and configuration. Where an alternative integrity testing procedure is used that is not a recognized industry standard, a PE would need to certify the reason for the deviation and that the alternative measures are environmentally equivalent.

• Proposed SPCC compliance deadline. In a proposed rule announced the same day, EPA proposed to extend the SPCC deadline for revising and implementing SPCC plans from July 1, 2009, to November 30, 2009. 

On November 26, 2008, the Federal Register published EPA's proposal to amend the dates by which facilities must prepare or amend their SPCC Plans, and implement those Plans. The public now has the opportunity to comment on these proposed changes during a 30-day period following publication of the proposed rule in the Federal Register.

Written comments must be received by December 26, 2008.

3.  PADEP Amends Pa. Code Chapter 245 (relating to the Storage Tank and Spill Prevention Program)/Closure Analytical Shortlist.

Storage Tank owners, operators, and other responsible parties who experience releases from regulated storage tank systems are required to take corrective action in accordance with Chapter 245, Administration of the Storage Tank and Spill Prevention Program; Subchapter D, Corrective Action Process for Owners and Operators of Storage Tanks and Storage Tank Facilities and Other Responsible Parties. These regulations, commonly known as the CAP regulations, were promulgated on August 21, 1993, and amended on December 1,2001. The CAP regulations were developed under the authority of the Storage Tank and Spill Prevention Act, Act 32 of 1989, as amended. These regulations establish the administrative process that a tank owner, tank operator, or other responsible party must adhere to upon suspecting or confirming that a release has occurred. The CAP regulations do not establish cleanup standards. The Land Recycling and Environmental Remediation Standards Act (Act 2 of 1995), together with Chapter 250 (Administration of the Land Recycling Program), establish the cleanup standards applicable to storage tank corrective actions. The Land Recycling Program Technical Guidance Manual provides additional information to assist tank owners, tank operators, and other responsible parties in conducting storage tank cleanups.

The following are key elements of the recent changes to Chapter 245, which were published as final rulemaking in the Pennsylvania Bulletin on November 10, 2007.  See Pennsylvania Bulletin Volume 37 Number 45 for actual rules and more detailed information.

• Re-regulates large aboveground heating oil tanks (exempted in 1996) with greater than 30,000 gallons of capacity where the product is consumed on the premises where stored. Tanks must be registered with the Department by January 9, 2008.
• Regulated substance now includes biodiesel, several non-petroleum oils, synthetic fuels and fluids (motor oils), and ethanol intended for blending with motor fuel. Tanks must be registered with the Department by January 9, 2008.
• Adds comprehensive tank registration provisions similar to past registration policy and procedures. Requires submission of amended registration form within 30 days of change in tank ownership or any change in previously reported registration information.
  • Requires most Combination of tanks (manifold systems) to be registered separately.
  • Registration form also serves as operating permit application.
• Provisions for Department routine withdrawal of operating permits for tanks in temporary out-of-service (TOS) status and requires tanks to be empty while in TOS status.
• Simplifies site-specific installation permit process for certain aboveground storage tanks.
• Adds several Underground Storage Tank Compliance Act provisions contained in the Federal Energy Policy Act of 2005 and EPA Grant Guidelines to states:
  •  Product delivery prohibition in conjunction with tank permit suspension or revocation order by the Department for noncompliance with spill, overfill and corrosion protection or release detection monitoring requirements
  • Underground storage tank facility operations inspection frequency every three years or sooner (by DEP certified inspector).
  • Total secondary containment for new or replacement underground tank systems (tanks, product piping and/or dispensers). Requires double-wall tank and product piping with sumps under product dispenser and at product piping junctures. Also requires routine monthly monitoring of sumps, product piping and double-wall tank interstice. When more than 50% of existing product piping is replaced, the entire length of piping must be replaced with double-wall piping and sumps installed.
• Line leak detector with automatic pump shutoff device required for new and replacement underground storage tank system pressurized piping conveying product between the tank and product dispenser.
• Places limits on certain methods of release detection monitoring for underground storage tank systems. Requires underground piping being tightness tested after November 10, 2008, for routine release detection monitoring to be tested by a DEP certified UTT installer/tester.
• Requires spill containment buckets and sumps on underground storage tank systems to be tested for liquid tightness at installation, replacement or repair and test record to be retained.
• Adds deadline for tanks to remain in TOS status and provisions for extension to remain in TOS status. Provides for delaying inspections for underground storage tank facilities with all tanks in TOS status and for individual aboveground storage tanks in TOS status.
• Precludes underground storage tank internal linings and provides inspection requirements for aboveground and existing underground storage tanks with internal linings.
• Requires overfill protection to be consistent with industry standards for existing aboveground storage tanks.
• Specifies types on nondestructive examination and leak testing, when required during large aboveground storage tank in-service and out-of-service integrity inspections.
• Aboveground storage tanks in underground vaults, containing class I or II motor fuel, for resale must have underground product piping monitored in a manner equivalent to underground storage tank system piping release detection.
• For underground storage tank owners, addresses approved methods, for financial responsibility, which must be used to meet the deductible not covered by the Underground Storage Tank Indemnification Fund (USTIF).
• Installer, Inspector and Company Certification Program adds specific training provisions, changes in standards of performance and requires tank-handling reports to be submitted to the Department within 30 days after completing tank handling project activities.

For more information relative to storage tank corrective action amendments, refer to the PADEP website storage tank page at the following link: http://www.depweb.state.pa.us/landrecwaste/cwp/view.asp?A=1240&Q=453631

In addition, the PADEP also revised the petroleum products analytical requirement "short list" for tank closures effective March 15, 2008. Please refer to the attached letter for additional information, along with revised Table IV-9.

http://www.depweb.state.pa.us/landrecwaste/lib/landrecwaste/storagetanks/files/
shortlist_letter.pdf

http://www.depweb.state.pa.us/landrecwaste/lib/landrecwaste/storagetanks/files/
shortlist.doc