SPCC Rule Amendments - National Response Team

The SPCC Update and Implications
to Wind Power Generation
Mark W. Howard
Office of Emergency Management
Regulation and Policy Development Division
Region 3 RRT Meeting
Williamsburg, VA
January 12, 2012
SPCC Update and Implications to Wind Power
Virginia 2011 Earthquake
Implications on AST Integrity and What to Look for
in the Field
Please note that this presentation
is a summary and does not cover
every SPCC provision
Always refer to the SPCC rule and official
Agency guidance found at
Overview of Wind Farming
History of Wind Energy
Wind energy propelled boats along the Nile River as
early as 5000 B.C.
By 200 B.C., simple windmills in China were pumping
The Dutch refined the windmill and adapted it for
draining lakes and marshes
Settlers took this technology to the New World and
began using windmills to pump water for farms and
Industrialization led to a gradual decline in the use of
Industrialization also sparked the development of
larger windmills to generate electricity. Commonly
called Wind Turbines Generators (WTGs)
The popularity of using the energy in the wind has
always fluctuated with the price of fossil fuels
Lessons learned from more than a decade of
operating wind power plants, and continuing R&D,
have made wind-generated electricity cost effective
Wind energy is the world's fastest-growing energy
DOE Forecasting of Wind Power
Region 3 and Wind Power
Growth in Region 3
Parts of the Wind Farm
Wind Turbine Generators
Wind Turbine Generators
Wind Turbine Generator Tower
Wind Turbine Generator Size
The SPCC Rule and Implications
to Wind Farming
What is the SPCC Rule?
 Spill Prevention, Control, and Countermeasure
 Part of the Oil Pollution Prevention regulation
(40 CFR part 112)
– Includes requirements for Facility Response Plans
(FRPs) for certain facilities which pose a greater threat
to waterways and the environment
 Purpose – To develop plans designed to prevent oil
discharges from reaching the navigable waters of
the U.S. and adjoining shorelines
Spill Prevention, Control and
Countermeasure (SPCC) Rule Overview
 Authority from Clean Water Act
 Oil Pollution Prevention regulation
codified at 40 CFR part 112
 Original rule effective in January 1974
 Non-delegable to other agencies
SPCC Applicability
 Owner/operator makes the initial decision on
applicability of SPCC regulations to the facility
– Does the facility meet the applicability criteria
(volumes of oil, expectation to spill to waterway)?
 No requirement to submit SPCC Plan to EPA
for approval
 EPA does not formally “approve” or disapprove
of SPCC Plan
 Plan is required upon inspection during regular
General SPCC Rule Applicability
The SPCC Rule applies to a facility that meets the following criteria:
Drills, produces, gathers, stores, processes, refines,
transfers, distributes, uses, or consumes
oil and oil products; and
Is non-transportation related (i.e. facility is not
exclusively covered by DOI or DOT); and
Can reasonably be expected to discharge oil in quantities
that may be harmful into or upon the navigable waters of
the U.S. or adjoining shorelines; and
Meets capacity thresholds
• Aboveground storage > 1,320 gallons; or
• Completely buried storage > 42,000 gallons
Facility- any mobile or fixed, onshore or offshore building,
property, parcel, lease, structure, installation, equipment, pipe,
or pipeline (other than a vessel or a public vessel) used in oil
well drilling operations, oil production, oil refining, oil storage,
oil gathering, oil processing, oil transfer, oil distribution, and oil
waste treatment, or in which oil is used, as described in
Appendix A to this part. The boundaries of a facility depend on
several site-specific factors, including but not limited to, the
ownership or operation of buildings, structures, and equipment
on the same site and types of activity at the site. Contiguous
or non-contiguous buildings, properties, parcels, leases,
structures, installations, pipes, or pipelines under the
ownership or operation of the same person may be considered
separate facilities. Only this definition governs whether a
facility is subject to this part.
What the definition means…
 According to EPA guidance,
the extent of a “facility”
depends on site-specific
- Ownership, management, and
operation of the buildings,
structures, equipment,
installations, pipes, or pipelines
on the site;
- Similarity in functions,
operational characteristics, and
types of activities occurring at
the site;
- Adjacency; or
- Shared drainage pathways (e.g., same receiving water bodies).
Jurisdiction Issues
• Appendix B to the 40 CFR part 112
• Pursuant to section 2(i) of E.O. 12777, DOI redelegates, and
EPA and DOT agree to assume, the functions vested in DOI by
sections 2(b)(3), 2(d)(3), and 2(e)(3) of E.O. 12777 as set forth
• For purposes of this MOU, the term “coast line” shall be defined
as in the Submerged Lands Act (43 U.S.C.1301(c)) to mean “the
line of ordinary low water along that portion of the coast which
is in direct contact with the open sea and the line marking the
seaward limit of inland waters.”
• To EPA, DOI redelegates responsibility for non-transportationrelated offshore facilities located landward of the coast line.
SPCC Rule Exemptions
• Containers with a capacity
<55 gallons*
• Facilities subject solely to
other agency jurisdictions
• Underground storage tanks
subject to UST technical
• USTs at nuclear power
generation facilities
• Wastewater treatment
• Permanently closed containers
• Motive power containers
• Hot-mix asphalt (HMA)
• Residential heating oil
containers (ASTs and USTs)
• Pesticide application
• Intra-facility gathering lines
subject to the requirements of
49 CFR part 192 or 195
• Milk and milk product
containers and associated
piping and appurtenances
* Exemptions in yellow may apply and wind power generation facilities
Definitions - Oil
 Oil, as defined in Section 311
(a)(1) of the CWA, can be of
any kind or in any form
including, but not limited to
- Petroleum and non-
petroleum based oils
- Crude Oil
- Refined Products and
- Vegetable oils
For Wind Farms
- Dielectric oils
- Lube oils
- Hydraulic oils
Key SPCC Requirements
 Prepare Plan in accordance with Good
Engineering Practices
 Full approval of management to implement Plan
 Follow sequence of Section 112.7, or use a
cross-reference section
 112.7 has a number of new response oriented
SPCC Key Requirements
 SPCC regulations requires preparation and
implementation of a written Plan to address:
– Operating procedures for routine handling of
products to prevent a discharge of oil
– Discharge or drainage control measures to
prevent a discharge of oil
– Countermeasures to contain, clean up, and
mitigate an oil spill
– Methods of disposal of recovered materials
– Contact list and phone numbers of company,
contract response personnel, and National
Response Center
Typical SPCC Plan for Utility
Wind Energy Center
The Ormes & Lillard Wind Energy Center is a 99-Megawatt electrical power generating
The site consists of sixty-six (66) Wind Turbine Generators (WTG’s), each with a nameplate
capacity of 1.5 Megawatts.
The WTG’s are located on private property, typically pasture or corn fields
Oil is used in the WTG’s gearbox, hydraulic system, and cooling system for operational
The WTG’s each have a pad mounted electrical transformer that sits on the ground near the
base of the tower. The transformers also use oil operationally as a coolant to dissipate heat.
Each pad mount transformer is connected to a collection system of either underground or
overhead electric lines.
The collection system feeds into a single substation that contains a large transformer and
grounding transformers, as well as circuit breakers that use oil operationally; again for
cooling purposes.
Included in the project area is the operations and maintenance building. This building is the
headquarters for the facility’s operations personnel.
The facility is monitored via a complex computer system that is used to monitor and control
the operations of each WTG.
Typical SPCC Plan for Wind
Farm or Wind Energy Center
Typical Wind Farm Containers
SPCC Rule Key Requirements
 SPCC Plan must be maintained at facility if
manned 4 hours/per day or more, or at nearest
field office if manned less than 4 hours/per day
 Allowance of usual and customary business
records to serve as records of inspection or
Inspections, Tests, and Records
 Conduct inspections and tests in accordance
with written procedures developed by the
facility or by the engineer who certifies the
facility Plan
 Keep these written procedures and a record of
the inspections and tests, signed by the
appropriate supervisor or inspector, with the
SPCC Plan for a period of three years
• Train oil-handling personnel
Operation/maintenance of prevention equipment
Discharge procedure protocols
Applicable pollution control laws, rules, and regulations
General facility operations
Contents of the facility SPCC Plan
• Designate person accountable for discharge
prevention and who reports to facility
• Schedule/conduct at least one briefing/year:
– Known discharges and failures, malfunctioning
components, new precautionary measures
General Secondary Containment
• Provide appropriate secondary containment
and/or diversionary structures or equipment to
prevent a discharge (from tanks, drums, totes,
piping, etc.) to “navigable waters of the U.S.
and adjoining shorelines”
• The entire system (walls and floor) must be
capable of containing oil so that a discharge
from containment will not occur until cleanup
• §112.7(c)
General Secondary Containment
 One of the following preventive systems or its
equivalent should be used as a minimum for onshore
– Dikes, berms or retaining walls sufficiently
impervious to contain spilled oil
– Curbing or drip pans
– Sumps and collection systems
– Culverting, gutters or other drainage systems
– Weirs, booms or other barriers
– Spill diversion ponds
– Retention ponds
– Sorbent materials
Revision to General Secondary
Containment Requirement
 Clarified that the general secondary containment
requirement is intended to address the most likely oil
discharge from any part of a facility
 Use of active and passive secondary containment,
such as spill kits, allowed
New text: “… In determining the method, design, and capacity for
secondary containment, you need only to address the typical failure mode,
and the most likely quantity of oil that would be discharged. Secondary
containment may be either active or passive in design.”
 Modifies §112.7(c) to expand the list of example
prevention systems for onshore facilities
– Additional examples: drip pans, sumps, and collection systems
General Secondary Containment
 “General” Secondary Containment requirement
applies to the following examples:
– Nurse tanks
– Mobile refuelers
– Oil-filled equipment (transformers, manufacturing
equipment, etc.)
– Transfer areas
 Piping runs/racks, manifolds, etc.
 Truck loading/unloading areas (not loading rack)
 No specific-sized volume requirement
 Sizing based on typical spill size not container size
Specific Secondary Containment
 Specific minimum size requirement for secondary
containment for:
– Bulk storage containers
– Mobile or portable bulk storage containers*
 The secondary containment must be sized to contain
the largest single oil compartment or container plus
“sufficient freeboard” to contain precipitation
 Does not apply to the Wind Turbine and other oil filled
* Mobile portable containers which serve as tanker trucks are only
required to have general secondary containment
Bulk Storage Container
 No container should be used for the storage of oil
unless its oil and construction are compatible with the
oil stored and the conditions of storage, such as
pressure and temp., etc.
 Integrity and inspection requirements
 Overfill protection requirements
 Requirements for general secondary containment for
non transportation-related tanker trucks
 Does not apply to the Wind Turbine and other oil filled
Oil-Filled Operational Equipment
and Wind Farms
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
– Not considered a bulk storage
– Does not include oil-filled
manufacturing equipment
Examples: hydraulic systems, lubricating
systems, gear boxes, machining coolant
systems, heat transfer systems,
circuit breakers, electrical switches, other
systems containing oil solely to enable the
operation of the device
Oil is used in the WTG’s gearbox,
hydraulic system, and cooling system for
operational purposes.
Qualified Oil-Filled Operational
 Alternative to the general secondary containment
requirements for qualified oil-filled operational
– Prepare an oil spill contingency Plan and a written
commitment of manpower, equipment, and materials
– Have an inspection or monitoring program to detect
equipment failure and/or a discharge (§112.7(k))
 Must meet eligibility criteria
Qualified Oil-Filled Operational
Equipment Eligibility Criteria
 For the 3 years prior to Plan certification, or
since becoming subject to the Rule if it has
operated for less than 3 years, the facility must
not have had:
– A single §112.1(b) discharge of oil from any oilfilled operational equipment exceeding 1,000 U.S.
gallons; or
– Two §112.1(b) discharges of oil from any oil-filled
operational equipment each exceeding 42 U.S.
gallons within any 12-month period.
The gallon amount(s) specified (either 1,000 or 42) refers to the amount
of oil that actually reaches navigable waters of the U.S. and adjoining
shorelines not the total amount of oil spilled. The entire volume of the
discharge is oil for the purposes of this reporting requirement.
Wind Turbines: Preamble Clarification
• Wind turbines meet the definition of oil-filled
operational equipment promulgated in the
December 2006 SPCC rule amendments.
• Can take advantage of the alternative
compliance option provided to qualified oilfilled operational equipment, in lieu of
secondary containment
• The design of the wind turbine may inherently
provide sufficient secondary containment for
its oil reservoirs
• Did not address site specific facility
determinations for wind turbines
• For more information:
– 71 FR 77266
– 73 FR 74294
– 74 FR 58797
Qualified Facilities – An Overview
 A qualified facility is a smaller oil storage
facility that is eligible for streamlined regulatory
– Self-certified SPCC Plan instead of one reviewed and
certified by a Professional Engineer
 Must meet eligibility criteria
 This group of facilities divided into two tiers
– Tier I - complete a self-certified SPCC Plan following
a template
– Tier II - prepare and self-certify an SPCC Plan
Qualified Facilities Applicability
If the facility total aboveground oil storage capacity is 10,000 gallons
or less
Within three years prior to the
Plan certification date, or since
becoming subject to the SPCC
rule if in operation for less
than three years, the facility
has not discharged oil to
navigable waters of the U.S.
and adjoining shorelines in:
 A single discharge exceeding
1,000 gallons, or
 Two discharges each
exceeding 42 gallons within
any 12-month period.
And the facility
No individual
aboveground oil
greater than
5,000 gallons;
Any individual
aboveground oil
container greater
than 5,000
Then the facility is a:
Tier I Qualified Facility:
Complete and self-certify
Plan template (Appendix G of
SPCC rule) instead of a full
PE-certified Plan or other
self-certified SPCC Plan.
Tier II Qualified Facility:
Prepare a self-certified Plan
in accordance with all
applicable requirements of
§112.7 and subparts B or C
of the rule, in lieu of a PEcertified Plan.
Qualified Facilities Self-Certification
 Facilities that meet the eligibility criteria are able to
prepare and self-certify an SPCC Plan as
Tier II qualified facilities
 Self-certified SPCC Plans must follow the rule
– Cannot deviate from rule requirements UNLESS
– A PE certifies the environmentally equivalent
alternative and/or contingency plan substituting for
secondary containment (“hybrid Plan”- Tier II
facilities only)
NOTE: Some states require a PE to certify SPCC Plans
Tier I Qualified Facilities
 Option to complete a self-certified SPCC Plan
template instead of a full SPCC Plan
– A Tier I qualified facility owner/operator can choose to
comply with either Tier I or Tier II requirements or
prepare a PE-certified Plan in accordance with all
applicable requirements of §112.7 and subparts B and C
– Template is found in Appendix G to the SPCC rule
 Template is designed to be a simple SPCC Plan
– Cannot be a “hybrid Plan” (i.e., no PE-certified
environmental equivalence or contingency plan instead of
secondary containment)
Current Compliance Dates for
Facilities (except farms)
A facility starting
On or before August 16, 2002
•Maintain existing SPCC Plan
•Amend and implement the SPCC Plan
no later than November 10, 2011.
After August 16, 2002 through
November 10, 2011
•Prepare and implement the SPCC Plan
no later than November 10, 2011.
After November 10, 2011
•Prepare and implement an SPCC Plan
before beginning operations.
For More Information
 EPA’s SPCC web page
 http://www.epa.gov/emergencies/content/spcc/index.htm
 EPA Oil Spill and Emergency Management web pages
 www.epa.gov/oilspill
 www.epa.gov/emergencies
 HOTLINE: Superfund, TRI, EPCRA, RMP, and Oil
Information Center
– (800) 424-9346 or (703) 412-9810
– TDD (800) 553-7672 or (703) 412-3323
– www.epa.gov/superfund/resources/infocenter
Virginia 2011 Earthquake
Implications to AST Integrity
What to look for in the field
2011 Virginia Earthquake
• Occurred on August 23, 2011, at 1:51 pm EDT
− Magnitude 5.8
− Epicenter was 38 miles northwest of Richmond
− Numerous aftershocks occurred within 12 hours
ranging in magnitude up to 4.2
• Is one of the largest earthquakes to have occurred
in the U.S. east of the Rocky Mountains since 1897
• The earthquake was felt in more than a dozen U.S.
states and in several Canadian provinces
Seismic Effects on Aboveground
• Ground motion from earthquakes causes
aboveground tanks to rock back and forth and to
a lesser degree, move up and down
Seismic Effects on Vertical
Aboveground Tanks
• Rocking action from seismic ground motion can
cause tanks to tip over (i.e. overturn) if not
anchored to a foundation that has sufficient mass
to resist overturning
− Tanks that have a shell height greater than their
diameter are more susceptible to overturning
than short tanks
− Tanks with a height to diameter ratio greater
than 0.75 are considered tall tanks
Seismic Effects on Vertical
Aboveground Tanks
• Rocking action can also cause a portion of the
tank shell to uplift. This uplift in turn creates
compression in the shell on the opposite side of
the tank.
− Excessive compression in the tank shell can result
in shell buckling known as “elephant’s foot”
Seismic Effects on Vertical
Aboveground Tanks
• Tank movement can result in:
− Damage and buckling to the upper portion of the
tank shell and tank roof
− Settlement of the tank (if on a soil foundation)
− Damage to piping connected to the tank (flanged
connections may open and release product,
piping may be deformed and/or move off its
− Damage to shell nozzles and reinforcing plates
− Damage to stairs, ladders, and other
appurtenances attached to the tank
Seismic Effects on Vertical
Aboveground Tanks
• Ground motion also causes the contents in the tank
to slosh
− The upper portion of the tank contents move
independently of the tank as a wave of liquid
− Depending on the height of the wave, the tank
contents can overflow if there is not sufficient
freeboard inside the tank to contain the product
− Sloshing liquid can also cause internal floating pans
to contact the fixed roof of a tank, causing potential
damage to the floating pan and tank roof
• A full tank will experience greater sloshing force
than a tank that is not full
Effects on Aboveground Tanks
Effects on Aboveground Tanks
Effects on Aboveground Tanks
Effects on Aboveground Tanks
Seismic Effects on Horizontal
Aboveground Tanks
• Seismic ground motion can cause the tank to
move off its support, if the tank is not anchored
• Tank movement can result in damage to piping
connected to the tank (flanged connections may
open and release product, piping may be
deformed and/or move off its supports)
API 650 Seismic Requirements
• Appendix E covers the minimum requirements for
new aboveground weld steel tanks for seismic
API 650 Seismic Requirements
• Appendix E uses ASCE 7 mapped ground motion
accelerations to determine seismic forces acting on
the tank
− Ground motion accelerations are modified based on site soil
− Accelerations used for design are 2/3 of the maximum
considered earthquake (MCE). Thus the tank is designed for a
lower seismic force than the MCE
− Design accelerations are further modified based on tank use
(i.e. importance) and whether the tank is self-anchored (relies
on a portion of the contents inside the tank to resist
overturning) or mechanically anchored
API 650 Seismic Requirements
• Appendix E also contains criteria for determining
whether a tank needs to be anchored, design of
anchors, and allowable compression in the shell
• Over the years API has updated and/or modified
the requirements in Appendix E
Post Earthquake Tank Inspection
API 653 Requirements
• API 653 does not contain any requirements to
inspect a tank after a seismic event
− Section 4.1.1, however, does contain
requirements to determine the suitability for
service of a tank when the results of a tank
inspection show a change has occurred from the
original physical condition of the tank
• API 653 does not contain any requirements to
upgrade an existing tank to current API 650
Appendix E seismic requirements
Post Earthquake Tank Inspection
STI SP001 Requirements
• STI SP001 5th Edition Section 10.3 requires an
AST subjected to damage caused by a natural
disaster to be evaluated by an engineer
experienced in tank design or by a tank
manufacturer who will determine whether a
formal external or internal inspection is required
Post Earthquake Tank
• Items to Look For (Vertical Aboveground Tanks)
− “Elephant’s foot” buckling at the bottom of the shell
− Distortions and buckling at the top of the shell
− Damage to the fixed roof
− Loss of product
− Cracks in the shell-to-floor weld and shell welds
− Settlement of the tank
− Movement of the tank off its foundation
− Leaning of the tank (tall tanks)
− Distortion or failure of tank anchors
Post Earthquake Tank
• Items to Look For (Vertical Aboveground Tanks)
− Distortion of shell nozzles with attached piping
− Distortion/damage to attached piping
− Damage to stairs, ladders, and other appurtenances
attached to the tank
− Flanged piping connections that may have opened and
released product. Check for distortion of the flanges,
elongation/bending of the bolts, gaps between pipe flange
and nozzle flange.
− For tanks with an internal floating pan, look inside the tank
through roof hatches to see if the floating pan is damaged
or capsized (this should be performed by a qualified API
Post Earthquake Tank
• Items to Look For (Horizontal Aboveground
− Movement of the tank off its saddles
− Distortions in the tank
− Foundation settlement
− Distortion of shell nozzles with attached piping
− Distortion/damage to attached piping
− Flanged piping connections that may have opened and
released product. Check for distortion of the flanges,
elongation/bending of the bolts, gaps between pipe flange
and nozzle flange.
Tank Upgrades to Reduce
Seismic Effects
• Options to reduce seismic overturning and tank
damage to an existing tank include:
− Reduce the tank fill height
− Anchor the tank to a foundation
 Anchoring a vertical tank on soil foundation could consist
of installing soil anchors attached to the tank with steel
cable or constructing a concrete ringwall or mat
foundation and anchoring the tank to the foundation
− Modify the tank
 Replace the bottom shell course, install an annular ring
below the shell, add a new bottom above the existing
bottom and filling the interstitial space with sand or other
− All of the above (rarely is it simple, never cheap)
Mark W. Howard
Office of Emergency
[email protected]

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