20th California Unified Program Annual Training Conference
APSA 201 • Mark Howard, EPA HQ • Janice Witul, EPA, Region 9 • Pete Reich, EPA, Region 9 • Jeremy Gates, Riverside County CUPA • Sande Pence, San Diego County CUPA • Daniel Yniguez, LA County CUPA 2
APSA 201 AGENDA • APSA Inspections- Jurisdiction and Applicability (10 min) • Advanced SPCC/APSA Topics-REVIEW (30 min) • Spill reporting requirements-REVIEW (20 min) • SCENARIOS (45 min) 3
General EPA SPCC Rule Applicability The SPCC Rule applies to a facility that meets the following criteria: Drills, produces, gathers, stores, processes, refines, transfers, 1 distributes, uses, or consumes oil and oil products; and 2 Is non-transportation-related (i.e. facility is not exclusively 3 covered by DOI or DOT); and Can reasonably be expected to discharge oil in quantities that 4 may be harmful into or upon the navigable waters of the U.S. or adjoining shorelines; and 5 Meets capacity thresholds • Aboveground storage > 1,320 gallons; and/or • Completely buried storage > 42,000 gallons §112.1 4
Drills, produces, gathers, stores, processes, 1 refines, transfers, distributes, uses, or consumes oil and oil products • Drilling • Refining • Producing • Transferring • Gathering • Distributing • Storing • Using • Processing • Consuming §112.1(b) 5
Drills, produces, gathers, stores, processes, 2 refines, transfers, distributes, uses, or consumes oil and oil products • “Oil” is defined in § 112.2 • Includes oil of any kind or in any form including, but not limited to: – Petroleum – Non-petroleum – Sludge – Synthetic Oils – Mineral Oils – Oil refuse – Oil Mixed with wastes other than dredged soil – Oil and water mixtures – Produced water that contains oil – Animal fats, oils, and greases – Vegetable oils §112.2 6
5 Meets capacity thresholds Storage Capacity Thresholds • Provided it meets the other applicable criteria set forth in §112.1, SPCC Rule applies to a facility with greater than: – 1,320 gallons of aggregate aboveground oil storage capacity, or – 42,000 gallons of completely buried oil storage capacity §112.1(d) 7
SPCC Rule Exemptions • Containers with a capacity <55 • Motive power containers gallons • Hot-mix asphalt (HMA) Facilities subject solely to • • Residential heating oil other agency jurisdictions containers (ASTs and USTs) Underground storage tanks • • Pesticide application subject to UST technical equipment requirements • Intra-facility gathering lines • USTs at nuclear power subject to the requirements of generation facilities 49 CFR part 192 or 195 • Wastewater treatment • Milk and milk product facilities containers and associated • Permanently closed containers piping and appurtenances §112.1(d) 8
Interrelationship Between APSA & the Federal SPCC Rule • APSA is a California regulatory program established in HSC, Chapter 6.67 and implemented by UPAs • The Federal SPCC rule is established in 40 CFR 112 and implemented by US EPA • Tank facilities operating in California may be subject to requirements of both programs • The requirements of each program are similar but not identical • Facilities that are subject to APSA are required to prepare an SPCC Plan in compliance with all 40 CFR 112 requirements 9
Interrelationship Between APSA & the Federal SPCC Rule • US EPA has not delegated authority of the Federal SPCC rule to any state, including California • US EPA still retains authority to administer, inspect, and enforce the Federal SPCC rule requirements at all California facilities subject to 40 CFR 112 • Facilities may be regulated under both APSA and the Federal SPCC rule • APSA requirements are contained in California statute (Health and Safety Code-HSC) and generally refer to compliance with 40 CFR 112 10
General Applicability for APSA Per HSC 25270.3, tank facilities are subject to APSA if: - They are subject to 40 CFR 112 or - They have a storage capacity of 1,320 gallons or more of petroleum (regardless of proximity to navigable waters for most facilities) or - They have a storage capacity of less than 1,320 gallons of petroleum and a Tank in Underground Area (TIUGA) 11
Excluded Tanks Under APSA Tanks specifically excluded from the definition of an “aboveground storage tank”[HSC 25270.2(a)]: • Boilers and pressure vessels • Hazardous waste tanks with a Department of Toxic Substances Control (DTSC) permit for the tank • Oil production tanks regulated under Public Resources Code (PRC) 3106 • Permitted underground storage tanks (USTs) • Transportation-related tank facilities • Oil-filled electrical equipment (that meets certain conditions) • Tanks located on and operated by a farm that are exempt from the Federal SPCC rule 12
APSA Petroleum vs. SPCC Oils APSA regulates “petroleum” only SPCC regulates all types of oils • Petroleum (APSA Regulated) • Crude oil, distillates and its fractions • Synthetic oil • Biofuels are included if they contain • Any type of mineral oil petroleum • Animal oil (including fats and • Used petroleum oils greases) • Petroleum based solvents, inks and paints • Vegetable oil (including nut oils) • 100% Synthetic oils and petroleum gases (e.g., propane, LNG) are not regulated under APSA • Evaluate products through Safety Data Sheets (SDS) In determining APSA applicability: Use only APSA In determining 40 CFR 112.3(g) ‘qualified regulated petroleum products facility’ applicability: Use all oils 13
Facility is non-transportation-related 3 (i.e., is not exclusively covered by DOI or DOT) • Facilities are divided into three categories that identify agency jurisdiction: – Transportation related facilities – Non-transportation-related facilities – Complexes • The determination was established through a series of Executive Orders (EOs) and Memoranda of Understanding (MOUs) 14
Facility is non-transportation-related 3 (i.e., is not exclusively covered by DOI or DOT) Additional Guidance on Jurisdiction Breakout Tanks • May be regulated by EPA, DOT, or both, depending on how the tank is used. • NOT subject to EPA’s jurisdiction: – Breakout tanks used solely to relieve surges in a pipeline, not used for any non-transportation-related activity (i.e., pipeline-in and pipeline-out configuration, and with no transfer to other equipment). • Subject to both EPA and DOT jurisdiction: – Bulk storage containers used to store oil while also serving as a breakout tank for a pipeline or other transportation-related purposes may be subject to both EPA and DOT jurisdiction. • Appendix H includes diagrams that show EPA’s regulatory jurisdiction at complexes. 15
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Facility is non-transportation-related 3 (i.e., is not exclusively covered by DOI or DOT) • Examples of non-transportation-related facilities (EPA Jurisdiction) – Fixed or mobile onshore and offshore oil drilling and production facilities – Oil refining and storage facilities – Industrial, commercial, agricultural, and public facilities that use and store oil – Waste treatment facilities – Loading racks, transfer hoses, loading arms, and other equipment used to transfer oil in bulk to or from highway vehicles or railroad cars – Highway vehicles, railroad cars, and pipelines used to transport oil within confines of non-transportation-related facility 19
Facility is non-transportation-related 3 (i.e., is not exclusively covered by DOI or DOT) • Complex Facilities (EPA and DOT Jurisdiction) – A facility with both transportation related and non- transportation-related activities is a “complex facility” and is subject to the dual jurisdiction of EPA and DOT – Jurisdiction over a component is determined by the activity occurring at that component – Determination of EPA or DOT jurisdiction is defined by the 1971 DOT-EPA MOU. 20
Facility is non-transportation-related 3 (i.e., is not exclusively covered by DOI or DOT) Non-transportation-related Tank Truck • EPA regulates tank trucks as “mobile/portable containers” if they operate within the confines of a non-transportation- related facility • Tank trucks that are used in interstate or intrastate commerce can also be regulated if they are operating in a fixed, non- transportation mode. • PMAA letter clarifies SPCC applicability. 21
Jurisdiction Scenarios 3 Railroad Cars • EPA regulates: – Railroad cars after the transportation process ends and when they are operated as non-transportation-related storage at an SPCC-regulated facility • DOT regulates: – Railroad cars from the time the oil is offered for transportation to a carrier until the time it reaches its destination and is accepted by the consignee 22
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