Why Needs a FRP? Is a FRP the Same As a SPCC Plan?

What is a Facility Response Plan?

Under the federal Oil Pollution Prevention Act rules, certain facilities are required to prepare a Facility Response Plan or FRP. An FRP is an enhanced spill preparedness and response plan. Key elements of a FRP include:

• Emergency Response Action Plan, maintained as astand-alone section of the overall plan
• Facility information, including its name, type, location, owner, operator information
• Emergency notification, equipment, personnel, and evacuation information
• Identification and analysis of potential spill hazards and previous spills
• Discussion of small, medium, and worst-case discharge scenarios and response actions
• Description of discharge detection procedures and equipment
• Detailed implementation plan for response, containment, and disposal
• Description and records of self-inspections, drills and exercises, and response training
• Diagrams of facility site plan, drainage, and evacuation plan
• Security (e.g., fences, lighting, alarms, guards, emergency cut-off valves and locks, etc.)
• Response plan coversheet

If I Already Have An SPCC Plan Do I Need A FRP?

Possibly; All FRP facilities need am SPCC Plan, but not all SPCC facilities need a FRP. Although Facility Response Plans (FRPs) and SPCC Plans are different and should be maintained as separate documents, some sections of the plans may be the same. The revised Oil Pollution Prevention regulation allows the facility owner or operator to reproduce and use those sections of the SPCC Plan in the FRP.

Who Needs To Prepare A Facility Response Plan?

Facilities that could reasonably be expected to cause "substantial harm" to the environment by discharging oil into or on navigable waters are required to prepare and submit Facility Response Plans (FRPs). Facilities that could cause "significant and substantial harm" are required to have their plans approved by an EPA Regional Administrator. The criteria for "substantial harm" are:

1. has a total oil storage capacity greater than or equal to 42,000 gallons and it transfers oil over water to/from vessels; or
2. has a total oil storage capacity greater than or equal to 1 million gallons and meets one of the following conditions:

• does not have sufficient secondary containment for each aboveground storage area.
• is located at a distance such that a discharge from the facility could cause "injury" to fish, wildlife, and sensitive environments.
• is located at a distance such that a discharge from the facility would shut down a public drinking water intake.
• has had, within the past five years, a reportable discharge greater than or equal to 10,000 gallons.

If the facility does not meet the criteria (either under 1 or 2), then the facility is not subject to the FRP rule via self-identification.

Caltha LLP assists facilities subject to the Oil Pollution Prevention Act to prepare and maintain SPCC Plans and Facility Response Plans. Click here for more information on EH&S plan services.

Wastewater Permit And Compliance Overview

Overview of Clean Water Act 



Click link above to download presentation slides.



Overview of the Clean Water Act and underlying programs. Clean Water Act; CWA; wastewater; NPDES; pretreatment permit; water quality standards; permit limits; effluent guidelines; effluent standards; waters of the US, water quality criteria, SPCC rule

Most Common Mistakes In Tank Secondary Containment

Common Problems With Secondary Containment

Missing Secondary Containment

Fuel Tank Without Containment Or Proper Support





Fuel Loading Area Without Secondary Containment





Leaking Used Oil Storage AST Observed During

Facility Inspection

Inadequate Volume Containment

Environmental Inspection Finds Leaking Tanks

And Pumps In Refueling Area

Wrong Material

Bulk Fuel Storage With Hay Bale

Secondary Containment

Missing or Inadequate Maintenance

Cracked Secondary Containment Wall Identified

During SPCC Inspection





Damaged Oil Storage Containment





Leaking Waste Solvent Hazardous Waste Tank

 

Caltha LLP | Your Stormwater Permit, 

SWPPP and Spill Plan Partner

Do I Need Permit For Oil Water Separator?

What Is A Flammable Waste Trap?

A flammable waste trap is sometimes called an oil-water separator. It is typically located underground, often under the floor of a building. It is intended to retain low density liquids (usually oils and fuel) from wastewater so that they do not discharge to the sewer. Most often oil-water separators are connected to floor drains inside a building. Oil water separately must have oil removed periodically to remain operational.


Flammable Waste Trap / Oil Water Separator

Do Flammable Waste Traps, Oil Water Separators Need a Permit?

In most cases no. However, most sewer agencies require installation of oil water separators at higher risk businesses to prevent significant quantities of oil being discharged to the sewer. Therefore they are included in facility designs which are approved by local permitting authorities for sewer connection permits, but are not permitted separately.

Caltha LLP | Your Air Permit, Wastewater Permit, Storm Water Permit Partner

Who Is Responsible For Leaking Transformer?

Electric transformers are found at almost every larger commercial, institutional and industrial facility. Sometimes this equipment is owned by the facility owner and sometimes by the power company. For some facilities, it is not always clearly understood who owns and is responsible for transformers.

Can Electric Transformers Leak Oil?

Yes, electric transformers can leak oil, but only if they actually contain oil.

How Can I Tell If Electric Transformer Contains Oil?

For newer transformers, the quantity of oil in the unit is usually found on the label. For older equipment, this information may not be on the label, or the label may have been removed or is illegible. In this case, a visual inspection of the equipment by a knowledgeable person can usually determine if it contains oil or not.     Not sure?   Send Caltha a photo and we may be able to determine this - send to info@calthacompany.com

Who Is Responsible To Clean Up Leaks From Transformers?

This will depend on State laws. In general, the Owner of the equipment is responsible. However, for a property owner whose property has been impacted by a leaking transformer, the issue could affect the value of the property and they may voluntarily elect to clean up leaks.

What Are The Environmental Risks For Electric Transformers?

A risk for oil spills exists for any oil-filled transformer. Older transformers commonly contained PCB oils. Use of PCB oils has been phased out and newer equipment is often labeled "No PBC"; however older electric transformers could still contain PCBs which makes clean up more involved.

Leaks can occur over long periods and accumulate slowly. The other risk is an emergency spill caused by a fire or the transformer being damaged by vehicles, etc. These risks are minimized by ensuring equipment is included in pollution prevention plans and spill plans (such as SWPPP, SPCC Plan or other spill plans) and is regularly inspected and maintained.


Typical Leaking Electric Transformer

Overview of Environmental and Safety Consultant Services

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Metal Plating Operation Required To Have Total Organic Spill Plan

Caltha LLP Project Summary

Project: Total Toxic Organics Management Plan For Metal Finisher
Client: Metal Finishing Company
Location(s): Minnesota


Key Elements: Total Toxic Organics Management Plan, SPCC Plan


Overview: This metal finishing was subject to Categorical Effluent Guidelines. In lieu of monitoring wastewater discharges for the full list of “Total Toxic Organics” the facility opted to prepare and implement a Total Toxic Organic Management Plan (TTOMP) for the site. Caltha was contracted to prepare the TTOMP for the facility. The TTOMP included:
• Inventory and description of TTO compounds used in the electroplating or finishing processes, and degreasing processes;
• Inventory and description of regulated processes where TTO compounds are used;
• Description of disposal methods for materials and wastes that contain TTO compounds;
• Description of controls used to limit or eliminate the discharge of TTO compounds to the sanitary sewer.


The TTOMP was combined with a Facility Spill Plan which included processes and containers not specifically addressed under the Effluent Guidelines. Caltha prepared a spill control plan for the site to minimize and control spills from areas where liquids are stored, transferred and used. The spill plan included:
1. Inventory and description of chemical storage and process tanks;
2. Description of batch discharges to sanitary sewer;
3. Description of controls and procedures to prevent entry of chemicals and other restricted materials and wastes from entering the sanitary sewer;
4. Emergency notification procedures;


Click here for more information on Caltha LLP Spill Prevention and Response Plan Services and SPCC Support Services.

SPCC Plan Review | Five Year SPCC Plan Amendment

Caltha LLP Project Summary

Project: SPCC Plan 5-Year Review, Plan Update & Management Compliance Training
Client: Transportation Terminal
Location: Wisconsin

Key Elements: Regulatory compliance training, SPCC Plan

Overview: Caltha LLP was retained by this multimodal transportation terminal to conduct the five-year review of its Spill Prevention, Control & Countermeasure (SPCC) Plan. Under 40 CFR 112, SPCC Rule regulated facilities are required to conduct and document a review of their SPCC Plan at least every five years, independent of the requirement to keep the facility SPCC Plan updated to reflect changes at the facility. In conjunction with this review, Caltha staff provided ad hoc compliance training to selected facility staff on SPCC Rule requirements. Finally, Caltha prepared an updated facility SPCC Plan to reflect administrative changes at the facility.

For more information on Caltha LLP services, go to the Caltha Contact Page

Leaking Tank Investigation - SPCC Plan For South Dakota Farm Operation

Caltha LLP Project Summary

Project: Tank Farm Investigation
Client: Agricultural Production Sector
Location(s): South Dakota

Key Elements: Phase 2 Investigation, leaking tank, SPCC requirements

Overview: Caltha LLP was retained by a potential investor group to conduct a Phase 2 Limited Site Investigation (LSI) at this large farm site. During a Phase 1 Environmental Site Investigation, visual evidence of past leaks and spills were identified within the tank farm. Due to recent changes to Federal Spill Prevention, Control & Countermeasure (SPCC) rules which would require above ground tanks at agricultural facilities to comply with SPCC rule, the tank farm was expected to require upgrades. The key question was what cost impact would be expected during tank farm upgrade to address existing contamination. The results of the investigation provided clarity to the potential investors on the range of cost impacts.

For more information on Caltha LLP services, go to the Caltha Contact Page

What Kinds Of Oil Are Regulated Under SPCC Rule?

What types of oil are regulated by the SPCC Rules (40 CFR 112)?

Caltha receives this question often as facility operators or owners are determining if the SPCC Rule applies to their site. The SPCC Rules define “oil” broadly, and also differentiate between “oil” and “non-petroleum oil”. Petroleum oils, fuels, etc are regulated, as are synthetic oils, and oily wastes. In general, materials that can create a surface sheen or an emulsion in water are likely regulated as oil under the SPCC rules.

40 CFR 122.2:
"Oil means oil of any kind or in any form, including, but not limited to: fats, oils, or greases of animal, fish, or marine mammal origin; vegetable oils, including oils from seeds, nuts, fruits, or kernels; and, other oils and greases, including petroleum, fuel oil, sludge, synthetic oils, mineral oils, oil refuse, or oil mixed with wastes other than dredged spoil."

"Non-petroleum oil means oil of any kind that is not petroleum-based, including but not limited to: Fats, oils, and greases of animal, fish, or marine mammal origin; and vegetable oils, including oils from seeds, nuts, fruits, and kernels."

On April 18, 2011, EPA published a final rule amending the SPCC regulations to exempt milk and milk product containers, associated piping and appurtenances. EPA believes that certain specific construction and sanitation standards and requirements address the prevention of oil discharges in quantities that may be harmful. The capacity of the exempt milk and milk product containers, piping and appurtenances does need not be included in a facility's total oil storage capacity calculation to determine if the facility is subject to SPCC.

SPCC Rules apply to oil-filled operational equipment. Oil-filled operational equipment means equipment that includes an oil storage container (or multiple containers) in which the oil is present solely to support the function of the apparatus or the device. Oil-filled operational equipment is not considered a bulk storage container, and does not include oil-filled manufacturing equipment (flow-through process). Examples of oil-filled operational equipment include hydraulic systems, lubricating systems, gear boxes, machining coolant systems, heat transfer systems, transformers, circuit breakers, electrical switches, and other systems containing oil solely to enable the operation of the device.

FAQ: Does an SPCC Plan Expire? How often must I update my SPCC Plan?


Caltha LLP provides specialized expertise to clients nationwide in the preparing PE certified and self-certified SPCC Plans, developing emergency preparedness procedures, and preparing cost-effective EHS management programs.
For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website 

Compliance With SPCC Rules For Farms Extended To May 2013

EPA has extended the date that agricultural facilities must come into compliance with the new Spill Prevention, Control, and Countermeasure (SPCC) rule to May 10, 2013. Agricultural facilities that began storing oil before August 16, 2002 must revise their SPCC plan to meet the 2002 changes by the May 2013 deadline.

EPA’s SPCC program was developed to prevent oil spills. Agricultural facilities can reduce the risk of oil discharged from their tanks by developing containment and response plans and taking basic precautions. The rule requires agricultural operators have an SPCC Plan if:

1. The facility stores more than 1,320 gallons of oil or fuel in above ground tanks and/or containers; and
2. A release of oil could reasonably be expected to discharge into waters of the U.S.

Oil includes on-road and off-road diesel; gasoline; lubrication oils; hydraulic oils; crop oil; adjuvant oils; oil sludge; synthetic oils; oil refuse; oil mixed with wastes other than dredged spoil; animal fats; vegetable oils; and fish oils.

Additionally, if the containers are located on separate parcels or a significant distance from each other, they may be considered separate facilities when calculating whether the threshold is met. For example:

• A farm has five greenhouses located adjacent to each other and each has a 300 gallon fuel oil Aboveground Storage Tank (AST). It would usually be considered one facility, and the volume of each AST would count toward the total aggregate volume of 1,500 gallons. It is an SPCC regulated facility because the aggregate volume exceeds 1,320 gallons.
• Another farm has five greenhouses with 500 gallon ASTs, three are located on one parcel and two on a second parcel. This configuration may be considered two facilities. The first facility has an aggregate volume of 1,500 gallons and would be SPCC regulated. The second facility has an aggregate volume of 1,000 gallons and would not be SPCC regulated.

There are several exemptions for agricultural operations. These include: milk and milk product containers, associated piping, and appurtenances; home heating oil tanks at single family homes; pesticide containers used to mix and load formulations; and pesticide application equipment.

The recent Rule changes also allow agricultural operations that store 10,000 gallons of oil or less and meet the Tier 1 or 2 qualified facility requirements to prepare and self-certify their SPCC Plan. Although anyone can use the templates, not all states allow self-certification For example, New Hampshire requires all SPCC Plans to be certified by a professional engineer.


FAQ: What types of facilities require a spill plan?


Caltha LLP provides specialized expertise to clients nationwide in the developing and certifying SPCC Plans and emergency procedures, developing SPCC compliance procedures, and preparing cost-effective regultory management programs.








For further information contact Caltha LLP at
info@calthacompany.com or Caltha LLP Website

Spill Plan and Above Ground Tank Rules In Wisconsin

One of the most common questions Caltha receives from facilities in Wisconsin is “Can Wisconsin facilities self-certify their SPCC Plans?” and “Can my facility in Wisconsin use the SPCC Template format to comply with 40 CFR 112?”. The confusion regarding the self-certification of SPCC Plans in Wisconsin is due primarily to the overlapping Federal and State regulations involving aboveground storage tanks (AST).

Two rules can apply to facilities with above ground tanks, 1) Federal SPCC Rules (40 CFR 112), and 2) Wisconsin Rules on Storage of Flammable, Combustible and Hazardous Liquids (Chapter Comm 10). For any given facility, some tank systems may only be subject to SPCC Rules, some may only need to comply with Wisconsin Chapter Comm 10, and still other tanks may actually need to comply with both sets of rules.

There is a significant amount of over lap and similarity between the two rules; however, they differ in many aspects, included when a written spill plan is required and in situations where documents need to be prepared by and certified by a Wisconsin-licensed professional engineer. Whether or not a facility needs to use a PE to approve their plans will depend on a number of factors, including the size and location of their tanks, and the specific liquids being stored in them.

If you want further information on above ground tank rules and SPCC rule compliance in Wisconsin, email Caltha at info@calthacompany.com

Caltha LLP provides specialized expertise to clients in Wisconsin and nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

For further information contact Caltha LLP at

info@calthacompany.com or Caltha LLP Website

Final Exemption of Milk From SPCC Rule 40 CFR 112

The U.S. Environmental Protection Agency (EPA) has exempted milk and milk product containers from the Oil Spill Prevention, Control and Countermeasure (SPCC) rule, potentially saving the milk and dairy industries more than $140 million per year. Based on input from the milk industry, EPA had previously delayed SPCC compliance requirements for milk and milk product containers until the mandated regulatory process could be completed. In January 2009, EPA proposed the rule to exempt milk containers from the SPCC rule. Milk production is already subject to certain construction and sanitary standards and requirements that help prevent spills.

The final exemption applies to milk, milk product containers, and milk production equipment. In addition, because some of these facilities may still have oil storage subject to the spill prevention regulations, EPA is also amending the rule to exclude milk storage capacity from a facility’s total oil storage capacity calculation. The agency is also removing the compliance date requirements for the exempted containers.

The SPCC regulations require facilities with the capacity to store more than the threshold quantity of oils and fats to create and implement plans to prepare, prevent and respond to spills. The current exemption for milk does not apply to fuel oil and other applicable oils stored on farms; farms that store above the regulatory threshold of fuel oil and other applicable oils are covered under the SPCC.

Caltha LLP provides specialized expertise to clients nationwide in the preparation and certification of SPCC Plans, development of emergency preparedness & response plans, and preparation of stormwater pollution prevention programs.

For further information contact Caltha LLP at

info@calthacompany.com

or

Caltha LLP Website

SPCC Compliance Deadline Extended For Some Facilities

US EPA is extending the compliance date by 1 year for certain facilities subject to recent amendments to the Spill Prevention Control and Countermeasure (SPCC) rule. The agency has also announced that some facilities will not be eligible for the one year extension and will have to comply by the current date of November 10, 2010.

Last year, EPA amended the SPCC rule and regulated facilities are required to amend and implement these changes as part of their overall SPCC plans. Types of facilities not eligible for the extension must comply by November 10, 2010 include drilling, production or workover facilities that are offshore or that have an offshore component, and onshore facilities required to have and submit facility response plans (FRPs).

Types of facilities are eligible for the one year extension include:

Onshore oil production, farms, electric utility plants, petroleum refining and related industries, chemical manufacturing, food manufacturing, manufacturing facilities using and storing animal fats and vegetable oils, metal and other manufacturing, real estate rental and leasing, retail trade, contract construction, wholesale trade, other commercial, transportation, arts entertainment & recreation, other services (except public administration), petroleum bulk stations and terminals, education, hospitals & other health care, accommodation and food services, fuel oil dealers, gasoline stations, information finance and insurance, mining, warehousing and storage, religious organizations, military installations, and government facilities.

In summary, the rule would extend the date by which the owners or operators of certain facilities must prepare or amend and implement an SPCC plan until November 10, 2011. The amendment also would delay the compliance date by which facilities must address milk and milk product containers that are constructed according to the current applicable 3-A sanitary standards, and subject to the current applicable grade “A” pasteurized milk ordinance (PMO) or a state dairy regulatory requirement equivalent to the current applicable PMO until one year after EPA finalizes a rule for these facilities.

These amendments do not remove the regulatory requirement for owners or operators of facilities in operation before August 16, 2002, to maintain and continue implementing an SPCC plan in accordance with the SPCC regulations then in effect.

Caltha LLP provides specialized expertise to clients nationwide in the preparation of SPCC Plans, developing SPCC Rule - 40 CFR 112 compliance procedures, and preparing cost-effective spill prevention and response programs.

For further information contact Caltha LLP at

info@calthacompany.com

or

Caltha LLP Website

40 CFR 112 SPCC Rule Deadline Extension

U.S. Environmental Protection Agency (EPA) is proposing to extend the compliance date by one year for certain facilities subject to recent amendments to the Spill Prevention Control and Countermeasure (SPCC) rule. The agency is also proposing that certain facilities will not be eligible for the one year extension and will have to comply by the current date of November 10, 2010. In summary, the proposed rule would:

• Extend the date by which the owners or operators of certain facilities must prepare or amend and implement an SPCC plan by one year to November 10, 2011
• Delay the compliance date for facilities with milk containers that are constructed according to the current applicable 3-A sanitary standards, and subject to the current applicable grade “A” pasteurized milk ordinance (PMO) or a state dairy regulatory requirement equivalent to the current applicable PMO until one year after EPA finalizes a rule for these facilities.
• Maintain the current November 10, 2010 compliance date for drilling, production and workover facilities that are offshore or that have an offshore component, and for onshore facilities required to have and submit FRPs
• Reconcile the proposed compliance dates for new production facilities

The types of facilities not eligible for proposed extension that must comply by November 10, 2010 include:

Drilling, production or workover facilities that are offshore or that have an offshore component, or onshore facilities required to have and submit facility response plans (FRPs), due to the threats these facilities could pose of significant oil spills to navigable waters or adjoining shorelines.

Types of facilities that may be eligible for the proposed one year extension include:

Oil production, farms, electric utility plants, petroleum refining and related industries, chemical manufacturing, food manufacturing, manufacturing facilities using and storing animal fats and vegetable oils, metal and other manufacturing, real estate rental and leasing, retail trade, contract construction, wholesale trade, other commercial, transportation, arts entertainment & recreation, other services (except public administration), petroleum bulk stations and terminals, education, hospitals & other health care, accommodation and food services, fuel oil dealers, gasoline stations, information finance and insurance, mining, warehousing and storage, religious organizations, military installations, and government facilities.


The proposed amendments do not remove the regulatory requirement for owners or operators of facilities in operation before August 16, 2002 (other than facilities with milk containers), to maintain and continue implementing an SPCC plan in accordance with the SPCC regulations then in effect.

The proposed rule has a 15-day public period following its publication in the Federal Register.

Caltha LLP provides technical support to clients nationwide in the preparation of SPCC Plans and SPCC Compliance Programs, and SPCC training.

For further information contact Caltha LLP at

info@calthacompany.com

or

Caltha LLP Website

What Industrial Sector SIC Needs SPCC Plan?

What Types of Industries or SIC Codes Need an SPCC Plan?

Answer: SPCC Rules (40 CFR 112) apply to all types of sites. The rules can apply to industrial sites, commercial and retail sites, offices, restaurants, hotels, construction sites, municipal properties, and even farms.

Whether or not the SPCC Rule applies depends on the amount of regulated oil and fat storage capacity on-site, regardless of the type or use.

For more information on Caltha's SPCC services, go to the Environmental Health & Safety Plan | Spill Plan Information Request Form.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

For further information contact Caltha LLP at

info@calthacompany.com

or

Caltha LLP Website