EnviroNotes

DECEMBER 2005

U.S. EPA Proposes Extension of Feb. '06 Deadline for Spill Prevention, Control and Countermeasure Plans
IDEM Seeks Comments on Draft Rule Regulating Solvent Degreasers in Central Indiana
IDEM Seeks Comments on Revised RISC Guidance

U.S. EPA Proposes Extension of February 2006 Deadline for Spill Prevention, Control and Countermeasure Plans

By Andy Bowman, Chair, Environmental Law Group, Bingham McHale LLP

The United States Environmental Protection Agency (EPA) published amendments to the Spill Prevention, Control and Countermeasure (SPCC) rule on July 17, 2002 (67 Federal Register 47042). The new rule became effective August 16, 2002. The rule requires covered facilities to prepare and implement a SPCC plan. Covered facilities under the new rule include anyone drilling, producing, gathering, storing, processing, refining, transferring, distributing, using or consuming oil and oil products where due to location may reasonably be expected to discharge to navigable waters of the United States, including wetlands, with aggregate aboveground oil storage capacity of more than 1,320 gallons, or underground oil storage capacity of more than 45,000 gallons. The former threshold requiring a plan if any single container had a capacity of greater than 660 gallons has been eliminated. Oil includes petroleum, sludge, fuel oil, vegetable oils, and oils, fats and greases from animal or fish origin. Containers of 55 gallons or more must be counted toward the aboveground capacity threshold of 1,320 gallons.

Existing covered facilities originally were required to amend their SPCC plans by February 17, 2003, and implement the changes by August 18, 2003. The July 17, 2002 Federal Register notice includes a table comparing the former rule with the revised rule to help identify new requirements (67 Federal Register 47042). Generally, the new rule reduces paperwork requirements, but does include new periodic integrity testing requirements as well as other changes. Since 2002 the EPA has announced three extensions of the deadlines for SPCC plan amendments. Currently, the deadline for existing facilities to amend their SPCC plans to comply with the new rules is February 17, 2006. Amended SPCC Plans must be implemented by August 18, 2006. 69 Federal Register 48794 (August 11, 2004).

A notice was published in the December 12, 2005 Federal Register (70 Federal Register 73518) that the EPA is proposing to extend the deadline to provide facilities more time to address revisions to the SPCC rule which were also proposed on December 12, 2005 (70 Federal Register 73524) and to review EPA’s recently issued SPCC Guidance for Regional Inspectors available at http://www.epa.gov/oilspill. EPA is proposing that the deadline for SPCC plan amendment and implementation be combined to coincide on October 31, 2007. Comments on the proposed extension must be received by EPA on or before January 11, 2006.

EPA is proposing to allow facilities with a maximum oil storage capacity of 10,000 gallons or less and no reportable oil discharges in the prior ten years or since becoming subject to the SPCC rule the option of self-certifying their SPCC plans in lieu of using a professional engineer. The proposed rule also eliminates the requirement for an equipment specific secondary containment impracticability determination for certain oil-filled operational equipment. The EPA has proposed exempting motive power containers, such as fuel tanks and onboard hydraulics and lubrication systems from the SPCC rule. Comments on these and other proposed revisions must be received by EPA on or before February 10, 2006.

IDEM Seeks Comments on Draft Rule Regulating Solvent Degreasers in Central Indiana

By Andy Bowman, Chair, Environmental Law Group, Bingham McHale LLP

The IDEM published a notice in the December 1, 2005 Indiana Register that it is seeking comments on a draft rule which would impose controls and record-keeping requirements on the sale or use of solvents in cold cleaning degreasing operations in Boone, Hamilton, Hancock, Hendricks, Johnson, Madison, Marion, Morgan and Shelby Counties effective April 1, 2007. The Central Indiana Air Quality Advisory Group recommended the control of cold cleaning degreaser operations as part of the strategy for bringing these central Indiana counties into attainment with the 8-hour ozone standard by the federal deadline of June 15, 2009. The IDEM does not know how many sources will be impacted by the rule.

Comments must be submitted by January 3, 2006 to the attention of: #05-165 (APCB) Central Indiana VOC, Suzanne Whitmer, Mail Code 61-50, Rules Development Section, Office of Air Quality, IDEM, 100 North Senate Avenue, Indianapolis, Indiana 46204.

IDEM Seeks Comments on Revised RISC Guidance

By Andy Bowman, Chair, Environmental Law Group, Bingham McHale LLP

On December 1, 2005, a draft Non-Rule Policy Document (NPD) was distributed to interested parties by Bruce Palin, Assistant Commissioner, IDEM Office of Land Quality. The draft NPD is a replacement of Chapter 3 of the RISC User’s Guide originally issued on February 15, 2001. Chapter 3 covers the use of Risk Integrated System of Closure (RISC) at Leaking Underground Storage Tank (LUST) sites. According to the IDEM, the purposes for the revisions to Chapter 3 include making changes necessitated by amendments to the rules governing underground storage tanks and the Excess Liability Trust Fund; streamlining the reporting and review process for UST closures and LUST projects and clarifying RISC implementation procedures, remediation technology evaluations, closure evaluation and reporting procedures.

Comments may be submitted by January 16, 2005 by mailing to Glenda Oakes, IDEM, OLQ, 100 N. Senate Avenue, Indianapolis, IN 46204-2251. The complete draft NPD can be obtained at here. The NPD will be presented to the Solid Waste Management Board at its March 21, 2006 meeting.

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