16.1 Development of Environmental Regulations
(1) Legislation passed by Congress is termed an Act of Congress.
The responsibility for developing rules or regulations to implement the requirements of the Acts is given to various agencies of the Federal Government such as the Environmental Protection Agency (EPA). The proposed regulations developed by these agencies are published daily in the Federal Register. After publication, the public is permitted to review and comment on the proposed regulations. All comments are evaluated after the specified review time (30 days, 60 days, etc.) has passed. The comments may or may not result in changes to the proposed regulations, which are published in the Federal Register as the final rules.
(2) The final rules from the Federal Register are compiled annually in the Code of Federal Regulations (CFR). The CFR is divided into 50 titles, numbered 1 through 50, which represent broad areas subject to Federal regulation.
Title 40, Protection of the Environment contains regulations for the protection of the environment. References to the CFR are made throughout this subchapter. Copies of the CFR can be obtained from the Superintendent of Documents, U.S. Government Printing office, Washington, DC 20402.
(3) The general format for identifying a specific regulation in the CFR involves the use of a combination of numbers and letters.
For example, 40 CFR 112.20, Facility Response Plans, indicates that the regulation is found in Title 40 of the CFR. It is further identified as Part 112. A part covers a 12-31 specific regulatory area, and can range in length from a few sentences to hundreds of pages. The number 20 that follows the decimal point indicates a given section where the specific information is found.
A section also may range in length from a few sentences to many pages. The section number may be followed by a series of letters and numbers in parentheses to further identify individual paragraphs.
16.2 Water Quality Regulations
The Environmental Protection Agency (EPA) has developed water pollution regulations under legal authority of the Federal Water Pollution Control Act, also known as the Clean Water Act. These regulations are found in 40 CFR Subchapter D, Water Programs, and encompass Parts 100 through 149.
Prominent parts of the regulation addressing oil pollution of the water are 40 CFR 110 'Discharge of Oil'; 40 CFR 112 'Oil Pollution Prevention'; and 40 CFR 113, 'Liability Limits for Small Onshore Storage Facilities'.
(1) Reportable Oil Discharge
40 CFR 110 requires the person in charge of a facility that discharges harmful oil to report the spill to the National Response Center (800-424-8802).
The criteria for Harmful Oil discharges are:
(a) Discharges that violate applicable water quality standards.
(b) Discharges that cause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines. Sheen means an iridescent appearance on the surface of the water.
(c) Discharges that cause a sludge or emulsion to be deposited beneath the surface of the water or adjoining shorelines.
(2) Spill Prevention Control and Countermeasures (SPCC) Plan
40 CFR 112 requires regulated facilities that which have discharged or could reasonably discharge harmful oil into navigable U.S. waters or adjoining shorelines to prepare and implement a Spill Prevention Control and Countermeasures Plan.
The regulation applies to non-transportation related facilities provided:
- The facility's total above-ground oil storage capacity is greater than 5000 liters (1320 gallons), or
- The above-ground storage capacity of a single container is in excess of 2500 liters (660 gallons), or
- The total underground storage capacity of the facility is greater than 160,000 liters (42,000 gallons);
- Facilities which, due to their location, could reasonably expect spilled oil to reach U.S. waters.
40 CFR 112.7 provides guidelines for preparing and implementing an SPCC plan. The SPCC plan is to follow the sequence outlined in the section and includes a discussion of the facility's conformance with the appropriate guidelines.
Basic principles to embody in an SPCC plan are:
- Practices devoted to the prevention of oil spills such as plans to minimize operational errors and equipment failures that are the major causes of spills. Operational errors can be minimized by training personnel in proper operating procedures, and increasing operator awareness of the imperative nature of spill prevention. Equipment failures can be minimized through proper construction, preventive maintenance, and frequent inspections.
- Plans to contain or divert spills or use equipment to prevent discharged oil from reaching navigable waters. When it is impracticable to implement spill containment measures, the facility must develop and incorporate a spill contingency plan into the SPCC plan.
- Plans to remove and dispose of spilled oil.
- (40 CFR 112.3) Time Limits. Prepare the SPCC within 6 months from startup. Implement the plan within 12 months from startup, including carrying out spill prevention and containment measures. Extensions may be authorized due to nonavailability of qualified personnel or delay in construction or equipment delivery beyond the control of the owner or operator.
- (40 CFR 112.3) Certification. A registered professional engineer must certify the SPCC and amendments.
- (40 CFR 112.3) Plan Availability. Maintain a complete copy of the SPCC at an attended facility or at the nearest field office if the facility is not attended at least 8 hours per day.
- (40 CFR 112.7) Training. Conduct employee training on applicable pollution control laws, rules and regulations, proper equipment operation and maintenance to prevent oil discharge, and conduct spill prevention briefings to assure adequate understanding of the contents of the SPCC plan.
- (40 CFR 112.5) Plan Review. Review the SPCC at least once every three years.
- (40 CFR 112.4) Amendments. Certified amendments to the SPCC are required when:
- (40 CFR 112.4) The EPA Regional Administrator requires amendment after a facility has discharged more than 3785 liters (1000 gallons) of oil into navigable waters in a single spill event or discharged oil in harmful quantities into navigable waters in two spill events within any 12-month period.
- (40 CFR 112.5) There is a change in design, construction, operation, or maintenance that affects the potential for an oil spill.
- (40 CFR 112.5) The required 3-year review indicates more effective field proven prevention and control technology will significantly reduce the likelihood of a spill.
(3) Facility Response Plans
40 CFR 112.20 requires facility response plans to be prepared and implemented if a facility, because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on navigable waters or adjoining shorelines. This regulation applies to facilities that transfer oil over water to or from vessels and have a total oil storage capacity greater than 160,000 liters (42,000 gallons), or the facility's total oil storage capacity is at least 3.78 million liters (1 million gallons) with conditions.
(4) Liability Limits
40 CFR 113 establishes size classifications and associated liability limits for small onshore oil storage facilities with fixed capacity of 160,000 liters (1000 barrels, or 42,000 gallons) or less that discharge oil into U.S. waters and removal of the discharge is performed by the U.S. Government.
16.3 Soil Quality Regulations
Regulations regarding oil contamination of soil vary from state to state. State and local laws and regulations should be reviewed for guidelines on preventing and handling soil contamination from oil spills.
16.4 Federal Biobased Products Preferred Procurement Program (FB4P)
See Federal Biobased Products Preferred Procurement Program (FB4P).
16.5 Green Chemistry In California
See Green Chemistry In California: A Framework For Leadership in Chemicals Policy and Innovation.
16.6 Green Chemistry In Europe
See 2006 European REACH Initiative.
16.7 Green Chemistry In Japan
See 2006 Japan's Green Procurement Survey Standarization Initiative.
16.8 Green Chemistry In China
See 2002 Cleaner Production Promotion Law.