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Other Regulatory Programs Relating to Oil Pollution
Prevention
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.
On
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.
OSHA:
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