Hazardous Materials/Waste Inspection Training

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					Aboveground Petroleum
  Storage Act (APSA)



  California Health & Safety Code,
        Chapter 6.67, §25270
                 Presentation Overview

•APSA Provisions            •Types of Facilities
•Applicability              •Compliance Dates
•Exemptions                 •What Does This Mean
•Requirements of APSA        For You?

•Definitions                •Fees

•SPCC Rule Overview         •Additional Information
              Major APSA Provisions

   Establishes the California Aboveground
    Petroleum Storage Act (APSA) – passed October
    2007, became effective on January 1, 2008.
   Provides definitions for AST, petroleum, storage
    capacity, etc.
   Defines applicability and exemptions for tank
    facilities.
            Major APSA Provisions
 Transfers the authority and responsibility of the
  APSA from the SWRCB and RWQCB to the
  CUPAs.
 Requires owner/operator of a regulated tank
  facility to prepare and implement a Spill
  Prevention Control & Countermeasure (SPCC)
  Plan.
 Requires the CUPAs to conduct inspections at
  regulated tank facilities with an aggregate
  storage capacity 10,000 gallons of petroleum at
  least every 3 years.
               Major APSA Provisions

   Requires the CUPA inspectors to obtain
    training/certification.
   Establishes civil penalties
    – <$5,000 for each day the violation continues.
    – <$10,000 for a second or subsequent
      violation for each day the violation continues
      (H&SC 25270.12).
              Who is Subject to APSA?

   A tank facility is subject to APSA if:
    – The tank(s) contain petroleum.
    – The tank facility has a storage capacity of
      1,320 gallons or more of petroleum.
                  Who is Exempt?
   Farms, nurseries, logging and construction sites
    are NOT required to prepare and implement an
    SPCC Plan IF:
    – No storage tank exceeds 20,000 gallons
    AND
    – The cumulative storage capacity does not
      exceed 100,000 gallons.
                 Who is Exempt?
   Exempt facilities are still regulated under APSA
    and required to:
    – Submit a Tank Facility Statement.
    – Submit fees annually.
    – Conduct daily visual inspections.
    – Allow the CUPA to conduct periodic
      inspections.
                  What is Excluded?
   Most oil-filled electrical equipment (transformers,
    circuit breakers, capacitors, etc.) are excluded:
    – <10,000 gallons of dielectric fluid per piece of
      equipment;
    – >10,000 gallons of dielectric fluid per piece of
      equipment:
        PCB concentration <50 PPM
        Appropriate containment or diversionary structure
        Visual inspections
                Requirements of APSA
   SPCC Plan
    – Prepare an SPCC Plan in accordance with U.S.
      Code of Federal Regulations Title 40, Part 112
      (40CFR112).
    – Conduct periodic self inspections (inspections,
      tests, and records).
    – Implement SPCC Plan in compliance with
      40CFR112.
              Requirements of APSA

   Tank Facility Statement
    – Annual submittal of a tank facility statement
    – Form available online – www.emd.saccounty.net
               Requirements of APSA

   Spill Reporting
    – Owner/operator of tank facility.
    – Immediately report, upon discovery.
    – 42 gallons or more of petroleum.
    – Governor‟s Office of Emergency Services (OES) and
      the CUPA.
                  What is an AST?

   “…a tank that has the capacity to store 55
    gallons or more of petroleum and that is
    substantially or totally above the surface of the
    ground” (HSC 25270.2(a)).
                 What is Petroleum?

   Crude oil (or a fraction thereof);

   Liquid state at 60°F;

   Normal atmospheric pressure at sea level (14.7
    pounds per square inch).
               What is Petroleum?
Examples    include:
– Petroleum-based fuels          – Oil-based paints,
  (automotive, heating, etc.)      coatings, thinners and
                                   solvents
– Biofuels if they contain any
  percentage of petroleum        – Petroleum distillates
  (E85, B20, etc.)
                                 – Petroleum- or petroleum-
– Gasoline                         based additives (including
                                   ink, paint, etc. additives)
– Petroleum-based
  lubricating oils and           – Petroleum solvents
  greases (including waste
  oils)                          – Crude oil
          What isn‟t Petroleum?

Fuels which are not liquid at 60°F at normal
atmospheric pressure are not considered
“petroleum” under APSA.

     Examples include:
      Propane

      Liquid   Natural Gas
            What isn‟t Petroleum?
100% vegetable or plant-based fuels unless
the fuel or liquid contains ANY concentration
of petroleum.

          Examples include:
           B100   biodiesel
           Corn   ethanol
             What is a tank facility?
   Any one, or combination of,
    aboveground storage tanks,
    including piping that is
    integral to the tank;
   Contains petroleum;
   Used by a single business
    entity at a single location or
    site.
               SPCC Rule Overview

   Code of Federal Regulations, Title 40 Part 112
   Requirements help prevent oil discharges to
    navigable waters or adjoining shorelines.
   SPCC Plan should describe equipment,
    workforce, procedures, and training to prevent,
    control, and provide adequate countermeasures
    to a discharge of oil.
                  Types of Facilities
   Qualified
    – Tier I

    – Tier II

   Non-qualified (all other facilities)
                                  Qualified Facilities
                 Tier I                                         Tier II
10,000  gallon aggregate aboveground oil storage capacity; and
Within any twelve-month period, three years prior to the Plan certification date, or since
becoming subject to the SPCC rule if in operation for less than three years, there has
been: (1) No single discharge of oil to navigable waters or adjoining shorelines exceeding
1,000 U.S. gallons; and (2) No two discharges of oil to navigable waters or adjoining
shorelines each exceeding 42 U.S. gallons; and
No individual aboveground oil              Has  individual aboveground oil containers
containers greater                          greater than 5,000 U.S. gallons; or Owner or
than 5,000 U.S. gallons;                    operator eligible for Tier I qualified facility
                                            status, but decides not to take the option or
                                            chooses to develop a „„hybrid‟‟ Plan;
Then:  Complete and self-certify Plan      Then:   Prepare self-certified Plan in accordance
template (Appendix G to 40 CFR part         with all applicable requirements of § 112.7 and
112) in lieu of a full PE-certified Plan.   subparts B and C of the rule, in lieu of a PE-
                                            certified Plan.
                      Non-Qualified (All Other Facilities)

 More  than 10,000 U.S. gallons aggregate aboveground oil storage capacity, or
 Within any twelve-month period, three years prior to the Plan certification date, or
  since becoming subject to the SPCC rule if in operation for less than three years,
  there has been:
      (1) A single discharge of oil to navigable waters or adjoining shorelines exceeding
           1,000 U.S. gallons; or
      (2) Two discharges of oil to navigable waters or adjoining shorelines each exceeding 42
           U.S. gallons; or
 Owner   or operator eligible for qualified facility status, but decides not to take the
 option

 Then:Prepare PE-certified Plan in accordance with all applicable requirements of
 § 112.7 and subparts B and C.
                   Compliance Dates
A facility starting operation…   Must…

                                    Maintain its existing SPCC Plan

On or before August 16, 2002        Amend and implement the
                                     SPCC Plan no later than
                                     November 10, 2010.
                                    Prepare and implement the
After August 16, 2002 through        SPCC Plan no later than
November 10, 2010                    November 10, 2010.

                                    Prepare and implement a SPCC
After November 10, 2010              Plan before beginning
                                     operations.
         What Does This Mean for You?
   Prepare an SPCC Plan in accordance 40CFR112.
   Conduct periodic inspections (inspections, test,
    and records).
   Implement the SPCC Plan.
         What Does This Mean for You?

   CUPA inspection at least once every three years
    tank facilities that have a storage capacity of
    10,000 gallons or more of petroleum.
   The purpose of the inspection is to determine
    whether the owner/operator is in compliance
    with the SPCC Plan Requirements of APSA.
      What Does This Mean for You?

   Facilities 10,000 gallons
    – Submit a Tank Facility Statement annually.
   Facilities 10,000 gallons
    – Submit initial Tank Facility Statement.
    – Hazardous Materials Business Plan (HMBP)
      satisfies this requirement annually thereafter.
              Potential APSA Violations
   Failure to prepare and implement an SPCC Plan
   Failure to file a tank facility statement
   Failure to submit required annual fee (beginning
    2010)

   Violations subject to fines & penalties
                         Fees

   Each year, commencing in calendar year 2010,
    each owner/operator of a tank facility subject to
    the requirements of subdivision 25270.6(a) shall
    pay a fee to the CUPA, on or before a date
    specified by the CUPA.
   EMD will conduct fee workshops in the near
    future.
      Contact Information
Environmental Management Department
        Phone: (916) 875-8550

      Supervisor – Anthony Chu
          (916) 875-8405

EMD Website: www.emd.saccounty.net

				
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posted:11/24/2011
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