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Other Regulatory Programs Relating to Oil Pollution Prevention



Overview

This guide provides general information on aboveground and underground storage tank regulatory programs outside of the Federal EPA Oil Pollution Prevention program, specifically the Spill Prevention Control and Countermeasure (SPCC) Plan and the Facility Response Plan (FRP) requirements of the Oil Pollution Prevention regulation, Title 40 Code of Federal Regulations (CFR) Part 112. Owners and operators involved with the drilling, production, gathering, storage, processing, refining, transferring, distribution, or consumption of oil and oil products should be aware of these prevention and response programs so that they can develop a comprehensive regulatory compliance program.

Although the types of facilities mentioned above are subject to a broad range of federal, state, and local environmental regulations, we have limited the following information to those programs related to oil pollution prevention and response and, particularly, compliance activities.

For a description of the federal agencies involved in oil spill prevention and response, please refer to the EPA guide Who's Who: Federal Agency Roles and Responsibilities for Oil Spill Prevention and Response.

Clean Water Act Programs

EPA's Oil Pollution Prevention regulation (40 CFR Part 112) is one part of a much larger oil spill prevention program authorized by the Clean Water Act (CWA) of 1972 Section 311 as amended by the Oil Pollution Act of 1990 (OPA), including programs developed by the U.S. Department of Transportation (DOT) and the Department of the Interior (DOI). Within the DOT, the U.S. Coast Guard (USCG), the Research and Special Programs Administration and the Office of Pipeline Safety (OPS), and within the DOI, the Minerals Management Service (MMS) have roles and responsibilities for oil spill prevention.

Prior to OPA, a Memorandum of Understanding (MOU) between the EPA and the DOT established jurisdictions for the development and enforcement of oil spill prevention regulations. The DOT was identified as the responsible agency for transportation-related onshore and offshore facilities, and EPA was identified for all onshore and near shore nontransportation-related facilities.

Paper & quill penOn October 28, 1991, the President signed Executive Order (EO) 12777 delegating the implementation of OPA, including oil spill response and planning responsibilities to EPA, DOT, and the Department of the Interior (DOI) Minerals Management Service (MMS). EPA was delegated onshore nontransportation-related facilities; the DOT Research and Special Programs Administration (RSPA) was delegated onshore transportation-related facilities, including pipelines; and DOT USCG was delegated vessels, deepwater ports, and the marine transfer components of transportation-related onshore facilities, including some inland port areas. All offshore facilities were delegated to MMS.

Traditionally, MMS had jurisdiction for fixed facilities only outside state jurisdiction, which ends three miles out from shore. However, OPA defined an "offshore facility" to mean any facility of any kind located in, on, or under any of the navigable waters of the U.S. and located in, on or under any other waters, other than a vessel or public vessel. On February 4, 1997, an MOU was signed to establish and clarify the jurisdictional responsibilities for oil spill prevention and facility response planning for offshore facilities under the OPA. The MOU returned to EPA's jurisdiction all nontransportation-related facilities located in and along the Great Lakes, rivers, coastal wetlands, and Gulf Coast Barrier Islands, landward of the coastline under the Submerged Lands Act. Transportation-related offshore facilities, including pipelines located landward of the coastline, were redelegated to DOT OPS from MMS. MMS retains jurisdiction over offshore facilities, including pipelines located seaward of the coastline, except for deepwater ports and associated seaward pipelines delegated by EO 12777 to DOT.

Facilities may be subject to the EPA, USCG, OPS, and MMS regulations. Some facilities, referred to as "complexes," may be regulated by more than one of these agencies depending on whether their operations overlap agency jurisdictions.



Other Related Federal Programs

Relevant federal programs include, among others, the Clean Water Act (CWA) National Pollutant Discharge Elimination System (NPDES) Stormwater Permit regulations, the Superfund Amendments and Reauthorization Act (SARA) Title III regulations, the Resource Conservation and Recovery Act (RCRA) Underground Storage Tank regulations, the RCRA Used Oil regulations, and the Occupational Safety and Health Act (OSHA) regulations pertaining to flammable and combustible liquids and tank facilities.

NPDES: The NPDES stormwater program is designed to control stormwater discharges from an identifiable source or "point source" into the navigable waters of the United States. Some facilities, based on their industrial activities, are required to have a permit, conduct compliance monitoring, and prepare stormwater pollution prevention plans under this program.

EPCRA: SARA Title III provisions, also known as the Emergency Planning and Community Right-to-Know Act (EPCRA), require that specific information on hazardous substances be provided to states, counties, local fire departments, and State Emergency Response Commissions (SERCs) and designated Local Emergency Planning Committees (LEPCs) upon request. Knowing the type, amounts and locations of hazardous substances that meet or exceed stated threshold quantities allows for coordinated emergency response planning and measures.

RCRA: The RCRA, Title I - Underground Storage Tank (UST) regulations have specific requirements for USTs containing petroleum products (40 CFR Parts 280 and 281). The UST regulations include provisions for new tank installations and upgrades to existing USTs and pipe systems which must be met by December 22, 1998.

RCRA also establishes management standards for used oil. The regulations cover oil handlers including generators, transporters, processors, re-refiners, and marketers. The management standards are designed to minimize the potential for release from storage tanks and containers. The standards also include requirements for tracking and record keeping, and cleanup and closure/post closure of storage units at processing and re-refining facilities. Contact the EPA regional office or your state for more information on compliance with RCRA Used Oil regulations.

Profile of a man in a hard hatOSHA: The Occupational Safety and Health Act, passed in 1970, created the Occupational Safety and Health Administration (OSHA). OSHA develops and enforces standards designed to address health and safety issues in the workplace. OSHA Standards appearing at 29 CFR 1910.106, 1926.152 and other applicable standards protect the health and safety of nearby communities and workers at facilities that store, handle, or use flammable or combustible liquids, which includes petroleum products, in aboveground storage tanks (ASTs). These standards contain specific requirements for design, installation, supports, foundations, testing, corrosion protection, waste disposal and repairs. Many of the OSHA requirements for flammable and combustible materials are similar to federal SPCC requirements. Owners and operators of facilities storing petroleum products in ASTs are encouraged to contact the state or local OSHA representative for additional information and OSHA regulatory requirements.

Tribal, State, and Local Programs

In addition to the federal program requirements, many state governments and tribal governments have developed or are currently developing regulatory requirements for facilities that store oil products in ASTs and USTs and other equipment. The table in this guide is divided into the 10 federal EPA regions, and briefly identifies regulatory programs and fire protection requirements of state or local jurisdictions. The table also provides contacts for obtaining additional information.

As shown in the table, the regulatory programs for ASTs, USTs, and related equipment containing oil products differ among states. While other relevant state programs exist, such as stormwater control programs, they may not be included in the summary. Although not noted in the table, some counties require that business plans contain specifics covering their environmental consideration of impacts and emergency response.

Generally, implementation of the National Fire Protection Association (NFPA) codes or the Uniform Fire Code (UFC) is the most common approach to regulating activities where danger of fire is possible. Fire safety codes provide specific standards in the design and construction of storage tanks, tank integrity testing, leak detection systems, and facility response planning.

Many states have also adopted specific editions and sections of the NFPA codes, including Code 30 - Flammable and Combustible Liquids and Code 30A - Automotive and Marine Service Station Code. Other states have adopted the International Fire Code Institute (IFCI) Uniform Fire Code (UFC) Article 79 or the Building Officials and Code Administrators (BOCA) codes which also address flammable and combustible liquids. Owners or operators of facilities using, storing or otherwise managing petroleum products should determine which codes apply in their jurisdiction.



Integrated Contingency Planning

On June 5, 1996, the EPA published a notice in the Federal Register announcing the availability of the National Response Team's (NRT's) Integrated Contingency Plan (ICP) Guidance ("one plan"). This guidance is to help owners and operators prepare emergency response plans for their facilities. The one plan provides a mechanism for consolidating multiple response and contingency plans that facilities may have prepared to manage many regulations in one functional emergency response plan. The notice contains the suggested ICP outline, and guidance on how to develop an ICP and demonstrate compliance with the regulatory requirements. The policies set out in this notice are intended solely as guidance and do not supersede any regulatory requirements. The ICP must be cross-referenced to the applicable sections and page numbers of the regulatory requirements. All requirements of regulations incorporated into the ICP must be met.

Two components of EPA's Oil Pollution Prevention regulation may be included as a part of the ICP. These are the FRP (40 CFR 112.20 and 112.21) and the oil spill contingency plan and written commitment of manpower, equipment, and materials (40 CFR 112.7(d)(1) and (d)(2)). The requirements of 40 CFR 112.7(d) must be met by those facilities demonstrating impracticability for the installation of containment or diversionary structures as required by 40 CFR 112.7(c).

The following regulations contain response or contingency planning requirements that can be addressed through the ICP. The list does not include state and local emergency response planning requirements. Facilities are encouraged to coordinate the development of ICPs with relevant state and local agencies.

EPA's Oil Pollution Prevention Regulation (SPCC and FRP Requirements): 40 CFR part 112.7(d) and 112.20 -112.21.

MMS's Facility Response Plan Regulation: 30 CFR Part 254.

RSPA's Pipeline Response Plan Regulation: 49 CFR Part 194.

EPA's Risk Management Programs Regulation: 40 CFR Part 68.

OSHA's Emergency Action Plan Rules: 29 CFR 1910.38(a), 29 CFR 1926.35.

OSHA's Hazardous Waste Operations and Emergency Response (HAZWOPER) Standards: 29 CFR Part 1910.120, 29 CFR 1926.65.

EPA's RCRA Contingency Planning Requirements: 40 CFR Part 264/265 Subpart D and 40 CFR 279.57.

USCG's Facility Response Plan Regulation: 33 CFR part 154, Subpart F.

Federal Agency Contact Information
EPA's Oil Pollution Prevention Regulation
David Lopez, MS 5203G, U.S. EPA
401 M Street, SW, Washington, DC 20460
(703) 603-8707 or
EPCRA/RCRA/Superfund Hotline at (800) 424-9346.

U.S. Coast Guard's Facility Response Plan Regulation
LCDR Mark Hamilton, U.S. Coast Guard, Commandant (G-MOR),
2100 2nd Street, SW, Washington, DC 20593,
(202) 267-1983 (E-mail M.Hamilton/G-M03@CGSMTP.uscg.mil)

DOT/RSPA's Pipeline Response Plan Regulation
Jim Taylor, U.S. Department of Transportation, Room 2335,
400 7th Street, SW, Washington, DC 20590
(202) 366-8860 (E-mail OPATEAM@RSPA.DOT.GOV)

OSHA Regulations
Contact either your Regional or Area OSHA office by calling directory service or the OSHA National Information Line at (800) 326-2577

DOI/MMS Facility Response Plan Regulation
Larry Ake, U.S. Department of the Interior-- Minerals Management Service, MS 4700,
381 Elden Street, Herndon, VA 22070-4817
(703) 787-1567 (E-mail Larry__ Ake@SMTP.MMS.GOV)

EPA's Risk Management Program Regulation
William Finan, U.S. EPA, Mail Code 5101,
401 M Street, SW, Washington, DC 20460,
(202) 260-0030 (E-mail homepage.ceppo@epamail.epa.gov)

RCRA's Contingency Planning Requirements
Contact the EPCRA/RCRA/Superfund Hotline at (800) 424-9346






U.S. EPA Headquarters
David Lopez (703) 603-8707
Dan Chadwick (202) 564-7054
401 M St. SW
Washington, D.C. 20460

Region 1 Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont
Dennisses Valdes (617) 573-5715
Dave Tordoff (617) 573-9693
JFK Federal Bldg.
Boston, MA 02114

Region 2 New Jersey, New York, Puerto Rico, U.S. Virgin Islands
Matthew Garamone (908) 906-6838
Christopher Jimenez (908) 906-6847
2890 Woodbridge Ave. (MS-221)
Edison, NJ 08837-3679

Region 3 Delaware, Maryland, Pennsylvania, Virginia, West Virginia
Linda Ziegler (215) 566-3277
Jean Starkey (215) 566-3292
841 Chestnut Building, 9th Fl.
Philadelphia, PA 19107-4431

Region 4 Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee
Bob Rosen (404) 562-8761
George Starr (404) 562-8768
61 Forsyth St.
Atlanta, GA 30303-3415

Region 5 Illinois, Indiana, Ohio, Michigan, Minnesota, Wisconsin
Barbara Carr (312) 886-7187
77 W. Jackson Blvd.
Chicago, IL 60604-3507

Region 6 Arkansas, Louisiana, New Mexico, Oklahoma, Texas
Richard Franklin (214) 665-6489
1445 Ross Avenue
Dallas, TX 75202-2733

Region 7 Iowa, Kansas, Missouri, Nebraska
Robert W. Jackson (913) 551-7952
726 Minnesota Ave.
Kansas City, KS 66101

Region 8 Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming
Martha Wolf (303) 312-6839
999 18th Street, Suite 500
Denver, CO 80202-2466

Region 9 Arizona, California, Hawaii, Nevada, Guam, American Samoa,
Trust Territories of the Pacific
Steve Calanog (415) 744-2327
75 Hawthorne Street
San Francisco, CA 94105

Region 10 Alaska, Idaho, Oregon, Washington
Carl G. Kitz (206) 553-1671
1200 Sixth Ave.
Seattle, WA 98101

Dianne Soderlund (907) 271-3425
Kevin Oates (907) 271-6323
U.S. EPA Alaska Operations Office
222 W. 7th Ave., #19, Room 537
Anchorage, AK 99513-7588


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