SECTION 8
PETROLEUM, OIL, AND LUBRICANT (POL) MANAGEMENT
U.S TEAM Guide, March 2009
A. Applicability
This section applies to facilities that store, transport, dispose of, or utilize petroleum based fuels, oils, or lubricants (POL). The section presents review action items that respond to regulations, procedures, and organizational mechanisms designed to prevent or limit the accidental release of POL materials to surface water, groundwater, or soils. Specifically, this section addresses spill prevention plans, POL transfer operations, POL storage in containers other than tanks, and used oil. For checklist items pertaining to POL storage tanks, see Section 10, Storage Tank Management.
Assessors are required to review state and local regulations and, if applicable, the appropriate Agency Supplement, to perform a comprehensive assessment.
Select portions of this section (i.e., Review of Federal Legislation, State and Local Regulations, Key Compliance Requirements, Key Terms and Definitions, Typical Records to Review, Typical Physical Features to Inspect, and the Checklist) have been reviewed by USEPA personnel from the Office of Enforcement and Compliance Assurance (OECA) and USEPA's Office of General Counsel. USEPA's comments and suggestions for changes have been incorporated in this version of the TEAM Guide. USEPA did not review all portions of this section. USEPA also did not review and comment on items pertaining to federal Executive Orders, DOT regulations, OSHA regulations or any other area outside of Title 40 of the Code of Federal Regulations. Portions that have been added or revised as a result of this review are identified as either being reviewed, revised, or added in March 2000, for example [Added March 2000].
B. Federal Legislation
• The Water Quality Improvement Act of 1974. This law was the primary Federal law governing the discharge of oil into navigable waters. This regulation prohibits the discharge of harmful quantities of oil into navigable waters. 40 Code of Federal Regulations (CFR) 110, Protection of Environment - Discharge of Oil, defines harmful quantities as those discharges which will cause a sheen or discoloration of the surface of the water or a sludge or emulsion to be deposited beneath the surface of the water.
• The Oil Pollution Act of 1990. This law, Public Law (PL) 301-308 (33 U.S. Code (USC) 2701- 2761, et al), as amended, requires the prevention of oil pollution into navigable waters by tank vessels. This includes the preparation of a response plan, construction of oil carriers with double hulls, and inspection of spill response equipment. Additionally, this act applies to the storage of flammable/combustible liquids.
• EO 12088, Federal Compliance with Pollution Standards. This EO, dated 13 October 1978, requires Federally owned and operated facilities to comply with applicable Federal, state, and local pollution control standards. It makes the head of each executive agency responsible for ensuring that the agencies, facilities, programs, and activities the Agency funds meet applicable Federal, state, and local environmental requirements for correcting situations that are not in compliance with such requirements. In addition, the EO requires that each agency ensure that sufficient funds for environmental compliance are included in the agency budget. Sections 1-4, “Pollution Control Plan” was revoked by EO 13148 [Revised October 2002].
• Executive Order (EO) 13423, Strengthing Federal Environmental, Energy, and Transportation Management. This EO, dated 24 January 2007, requires Federal agencies to lead by example in advancing the nation’s energy security and environmental performance by achieving goals outlined in the EO. This EO revokes the following prior EOs [Added January 2007]:
1. Executive Order 13101, Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition dated 14 September 1998;
2. Executive Order 13123, Greening the Government Through Efficient Energy Management dated 3 June 1999;
3. Executive Order 13134, Developing and Promoting Biobased Products and Bioenergy dated 12 August 1999, as amended;
4. Executive Order 13148, Greening the Government through Leadership in Environmental Management dated 21 April 2000; and
5. Executive Order 13149, Greening the Government Through Federal Fleet and Transportation Efficiency dated 21 April 2000.
C. State/Local Regulations
For information on regulations in specific states, see the State Supplements to TEAM Guide.
Many states and some major metropolitan and regional planning agencies have developed legislation and implemented regulations that closely parallel the Federal regulations. Some, however, may differ in important ways, and the evaluator should obtain copies of the state or local requirements for the Oil and Hazardous Substances Pollution Contingency (OHSPC) and the Spill Prevention, Control, and Countermeasures (SPCC) plans, where appropriate, and review them for those differences before conducting the evaluations. In particular, the evaluator should check for differences in the definitions of reportable quantities and the specific procedures for reporting spills that may exist in state/local regulations.
D. Key Compliance Requirements
• The SPCC Plan – 40 CFR 112 establishes requirements for the preparation and implementation of Spill Prevention, Control, and Countermeasure (SPCC) Plans. SPCC Plans are designed to complement existing laws, regulations, rules, standards, policies, and procedures pertaining to safety standards, fire prevention, and pollution prevention rules. The purpose of an SPCC Plan is to form a comprehensive Federal/State spill prevention program that minimizes the potential for discharges. The SPCC Plan must address all relevant spill prevention, control, and countermeasures necessary at the specific facility. Compliance with 40 CFR 112 does not in any way relieve the owner or operator of an onshore or an offshore facility from compliance with other Federal, State, or local laws.
The requirements for an SPCC PLAN apply to any owner or operator of a non-transportation-related onshore or offshore facility engaged in drilling, producing, gathering, storing, processing, refining, transferring, distributing, using, or consuming oil and oil products, which due to its location, could reasonably be expected to discharge oil in quantities that may be harmful, into or upon the navigable waters of the United States or adjoining shorelines, or into or upon the waters of the contiguous zone, or in connection with activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974, or that may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (including resources under the Magnuson Fishery Conservation and Management Act) that has oil in:
1. any aboveground container;
2. any completely buried tank (see definitions)
3. any container that is used for standby storage, for seasonal storage, or for temporary storage, or not otherwise “permanently closed” (see definitions)
4. any “bunkered tank” or “partially buried tank” (see definitions), or any container in a vault, each of which is considered an aboveground storage container for purposes of 40 CFR 112.) (40 CFR 112.1) [Revised July 2002].
• Response Plans - Nontransportation related onshore facilities that, because of location, could reasonably be expected to cause substantial harm to the environmental by discharging oil into or on the navigable waters or adjoining shoreline are required to develop response plans. A facility could, because of its location, reasonably be expected to cause substantial harm if it meets any of the following criteria:
1. the facility transfers oil over water to or from vessels and has a total oil storage capacity greater than or equal to 42,000 gal
2. the facility’s total oil storage capacity is greater than or equal to 1 million gal and one of the following is true:
a. the facility does not have secondary containment for each aboveground area sufficiently large to contain the capacity of the largest aboveground storage tank (AST) within each storage area plus sufficient freeboard to allow for precipitation
b. the facility is located at a distance such that discharge from the facility could cause injury to fish and wildlife and sensitive environment
c. the facility is located at a distance such that a discharge from the facility would shut down a public drinking water intake
d. the facility has had a reportable oil spill in an amount greater than or equal to 10,000 gal within the last 5 yr.
• Transportation Spill Plans - Response plans are required when transporting any liquid petroleum oil in a packaging having a capacity of 3,500 gal or more or any liquid petroleum or non-petroleum oil in a quantity greater than 42,000 gallons per packaging. This requirement does not apply to (49 CFR 130) [Added October 2000]:
1. any mixture or solution in which oil is in a concentration by weight of less than 10 percent
transportation of oil by aircraft or vessel
2. any petroleum oil carried in a fuel tank for the purpose of supplying fuel for propulsion of the transport vehicle to which it is attached
3. oil transport exclusively within the confines of a non-transportation-related or terminal facility in a vehicle not intended for use in interstate or intrastate commerce (see 40 CFR Part 112).
• Discharges/Spills - A discharge of oil into navigable waters of the United States, or adjoining shorelines, or into areas that may affect natural resources belonging to or under the exclusive management authority of the United States must be reported to the National Response Center (NRC). Dispersants or emulsifiers cannot be added to oils that are discharged (40 CFR 110.2 through 110.10).
• Discharge Prevention/Cleanup - Appropriate containment and/or diversionary structures and cleanup equipment are to be readily available to prevent discharged petroleum products from reaching navigable water courses. Alternatively, when prevention systems or equivalents are not practicable, a strong oil spill contingency plan and/or a written commitment of manpower, equipment, and materials required to expeditiously control and remove any harmful quantity of oil discharged are needed (40 CFR 112.7(c)) [Revised January 1999].
• Piping Systems - Buried piping at transfer operations, pumping activities and in-plant processing is required to have a protective wrapping or coating and to be cathodically protected if soil conditions warrant (40 CFR 112.7(e)(3)(i) and 112.7(e)(3)(iv)).
• Onshore Oil Pipelines - Facilities with onshore oil pipelines that, because of location, could reasonably be expected to cause substantial harm to the environment by discharging oil into navigable waters are required to prepare a response plan. Copies of the response plan are required to be submitted to the USEPA Research and Special Programs Administration (RSPA) for approval. Copies of the response plan are required to be kept at the operators headquarters, pump stations, and other places where response activities might be conducted. Training is required for the implementation of the response plan. The response plan is required to be reviewed every 3 yr from the date of submission and modified to address new or different operating conditions or information (49 CFR 194).
• Service Stations - The storage of liquids in containers at service stations, specifically Class I liquids, has to be done in containers that are secure and prevents the excess release of vapors (29 CFR 1910.106(g)).
• Transfer Terminals - Terminals transferring oil or hazardous materials to vessels with a capacity of more than 250 bbl [approx. 30,747 L] are required to have an operations manual. If the reception facility at the terminal or port that loads a daily average of more than 1000 metric tons (1100 short tons) of oil, it has to be able to receives waste such as oily bilge water, sludges, oily ballast, and cargo residue (33 CFR 154.100 through 154.300 and 158.220 through 158.230).
• Loading and Unloading Racks - Onshore tank car and tank truck loading/unloading racks are required to have containment and some method to prevent vehicles from leaving before the transfer lines have been disconnected. Personnel at these sites are required to survey drains and outlets of vehicles prior to their departure to ensure that there is no leakage (40 CFR 112.7(e)(4)).
• Used Oil - Although used oil has not been declared a hazardous waste at the Federal level, it does need to be stored, handled, and documented according to specific requirements depending on whether the facility is a used oil generator, a used oil collection center and aggregation point, a used oil transporter, a used oil burner, or a used oil marketer (40 CFR 279).
• Petroleum Conservation – Under EO 13423 angencies are required to reduce petroleum consumption in fleet vehicles by 2% annually through 2015 [Added January 2007].
E. Key Compliance Definitions
• Adverse Weather - the weather conditions that the operator will consider when identifying response systems and equipment to be deployed in accordance with a response plan. Factors to consider include ice conditions, temperature ranges, weather-related visibility, significant wave height as specified in 33 CFR Part 154, Appendix C, Table 1, and currents within the areas in which those systems or equipment are intended to function (49 CFR 194.5) [Added April 2005].
• Alteration - any work on a container involving cutting, burning, welding, or heating operations that changes the physical dimensions or configuration of the container (40 CFR 112.2) [Added July 2002].
• Animal Fat - a non-petroleum oil, fat, or grease of animal, fish, or marine mammal origin (40 CFR 112.2) [Added July 2000; Revised July 2002].
• Animal Fat - a non-petroleum oil, fat, or grease derived from animals, not specifically identified elsewhere in 49 CFR 130 (49 CFR 130.5) [Added October 2000].
• Automotive Service Station - that portion of property where flammable or combustible liquids used as motor fuels are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles and shall include any facilities available for the sale and service of tires, batteries, and accessories, and for minor automotive maintenance work. Major automotive repairs, painting, and body and fender work are excluded (29 CFR 1910.106(a)(3)).
• Barge - any nonself-propelled vessel (46 CFR 90.10-3).
• Barrel - 42 United States gal (159 L) at 60° F (15.6° C) (49 CFR 194.5) [Added April 2005].
• Breakout Tank - a tank used to (49 CFR 194.5) [Added April 2005]:
1. Relieve surges in an oil pipeline system or
2. Receive and store oil transported by a pipeline for reinjection and continued transportation by pipeline.
• Bulk Storage Container - any container used to store oil. These containers are used for purposes including, but not limited to, the storage of oil prior to use, while being used, or prior to further distribution in commerce. Oil-filled electrical, operating, or manufacturing equipment is not a bulk storage container (40 CFR 112.2) [Added July 2002].
• Bunkered Tank - a container constructed or placed in the ground by cutting the earth and re-covering the container in a manner that breaks the surrounding natural grade, or that lies above grade, and is covered with earth, sand, gravel, asphalt, or other material. A bunkered tank is considered an aboveground storage container for purposes of 40 CFR 112 (40 CFR 112.2) [Added July 2002].