Polluting Materials An Introduction and Summary Part 5 Overview Promulgated under Part 31 Water Resources Protection of the NREPA Selfimplementing no permits issued Spill Prevention and Control Requirements ID: 1032549
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1. Part 5 Rules:Spillage of Oil and Polluting MaterialsAn Introduction and Summary
2. Part 5 OverviewPromulgated under Part 31, Water Resources Protection, of the NREPASelf-implementing - no permits issuedSpill Prevention and Control RequirementsSecondary containment requirementsSpill Notification Requirements
3. Part 5 Rules - ApplicabilityWho & What
4. Who is regulated?Temporary or Permanent FacilitiesLand-based Facilities Receives, uses, stores, ships, manufactures or processes Polluting Materials in excess of Threshold Management Quantities. Part 5 Rules - Applicability(Who)
5. Part 5 Rules – Applicability (Who)Who is not regulated? Exemptions:Recreational marinasOil Fields – petroleum & brine storageTransportation related facilities (as defined by 40 CFR Part 112)Electrical equipment – Installed and In Use
6. Part 5 Rules – Applicability (What)What is regulated?Polluting Materials:Oil Salt Table 1 Compounds
7. Oils Petroleum Fuel Oil Oily sludges Oil mixed w waste Synthetic oil Salts sodium chloride potassium chloride calcium chloride Grease Oil refuse Hydraulic oil Vegetable oils magnesium chloride solutions or mixtures of these saltsPart 5 Rules – Applicability (What)
8. Part 5 Rules – Applicability (What)Table 1: Polluting MaterialsName CAS (TRQ - lbs.)Acetaldehyde, trichloro- 75876 (500)Acetamide 60355 (10)Acetic acid 64197 (500)Acetic anhydride 108247 (500)Acetone 67641 (500)Acetonitrile 75058 (500)… … …
9. Part 5 Rules – Applicability (What)Threshold Management Quantities:Oil – Storage CapacityTotal 1,320 gallons, single tanks >660 gallonsSalt Solid – 5 tonsLiquid – 1,000 gallonsTable 1 CompoundsIndoors – 2,200 lbsOutdoors – 440 lbs
10. Part 5 Rules – Applicability(What)What is not regulated? Exemptions:Manufactured Items - solidsSmall containers (indoors) < 10 gallons or 100 lbsOils subject to SPCC *Hazardous Waste subject to Part 111Flammables & Combustibles subject to Act 207, Fire Prevention CodeUnderground storage tanks subject to Part 211/213Oil & Gas production wells subject to Part 615
11. Part 5 Rules - Facility TypeOn-land facility – Salt and ChemicalsOil Storage Facility - Oil
12. Part 5 – On-Land Facility On-land facilities (Salt and Chemicals)SurveillanceSecondary ContainmentIncluding Use area and Indoor StoragePollution Incident Prevention PlanRelease Reporting
13. Part 5 – Oil Storage Facility Oil Storage Facilities must comply with portions of Part 5:SurveillanceUse Area & Indoor Storage Only Release Reporting
14. Part 5 RequirementsSurveillance (Oil and On-land) Maintain adequate surveillance of processes and storage areas to detect and respond to spills to prevent release to waters of the state.
15. Part 5 RequirementsSecondary ContainmentThree CategoriesLiquids – outdoor storageLiquids – indoor storage & use areasSolids
16. Part 5 RequirementsSecondary ContainmentLiquid outdoor storage (On-land)Compatible & ImperviousGreater of 10% total volume or 100% of largest tankSurveillance, leak detection, and precipitation removal
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20. Part 5 RequirementsSecondary ContainmentIndoor storage & use areas (On-land and Oil Storage)Designed, constructed & maintained to prevent a release, directly or indirectly, to waters of the state.
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23. Part 5 RequirementsSecondary Containment Solids (On-land)No dischargeStream/Wetland isolation – 50 ft100 year floodplain
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27. Part 5 RequirementsPollution Incident Prevention Plan (On-land only)Basic facility infoDetailed site mapEmergency notification proceduresSpill control and cleanup proceduresPolluting material inventorySecondary containment descriptionPrecipitation managementSecurity measures
28. Part 5 RequirementsPIPP NotificationEGLE Water Resource Division District OfficeCounty Health DepartmentLEPC
29. Part 5 RequirementsPIPP UpdatesReview/Revise every 3 yearsReview/Revise after any releaseRe-notify EGLE, HD, LEPC
30. Part 5 RequirementsRelease Reporting (On-land and Oil)Report All Releases over Threshold Reporting QuantitiesCall PEAS 1-800-292-4706 9-1-1 Written Report – 10 days
31. Part 5 RequirementsRelease Reporting – What is a Release? Release defined under Part 201: Spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, disposing, or abandonment...into the environment
32. Part 5 RequirementsRelease Reporting – What is not a Release?Exemptions: Permitted discharges Air emissions <1,000 gallons of Polluting Material into secondary containment< 55 gallons oil to ground or waterSpecial conditions must be met
33. Part 5 RequirementsRelease Reporting Threshold Reporting Quantities (TRQs)OilTo the ground > 50 lbsTo Waters of the State – Any quantity that causes a sheen, turbidity, foams, solids…
34. Part 5 RequirementsRelease Reporting - TRQsSaltSolid > 50 lbsLiquid > 50 gallons
35. Part 5 RequirementsRelease Reporting - TRQsTable 1 CompoundsChemical Specific TRQs
36. Part 5 Rules – Applicability (What)Table 1: Polluting MaterialsName CAS (TRQ - lbs.)Acetaldehyde, trichloro- 75876 (500)Acetamide 60355 (10)Acetic acid 64197 (500)Acetic anhydride 108247 (500)Acetone 67641 (500)Acetonitrile 75058 (500)… … …
37. Pounds to Gallons Conversion LBs = Specific Gravity x 8.34 lbs/Gallon x Gallons of Material Example: Acetone: TRQ = 500lbs, Specific Gravity = .790.79 x 8.34 lbs/gal x X Gallons = 500lbs6.6lbs/gal x X Gallons = 500lbsX gallons = 500 lbs ÷ 6.6 lbs/galX = 75.75 gallons spilled to exceed TRQFind Specific Gravity of a chemicalMSDSInternet Search
38. Calculate TRQ for SolutionsExample: Sulfuric Acid, TRQ = 100 lbsFrom MSDS, Specific Gravity = 1.841.84 x 8.34 lbs/gal x X gallons = 100 lbsX = 6.5 gallons spilled to exceed TRQBUT – You store a 20% solution1.84 x 8.34 lbs/gal x 0.20 x X gallons = 100 lbsX = 32 gallons of solution spilled to exceed TRQ for sulfuric acid
39. EnforcementA person who violates any provision of Part 31 is subject to the procedures and penalties prescribed in section 3115 and 3115a of Part 31 of the NREPA.The maximum fine imposed by the court shall be not more than $25,000.00 per day of violation.For failure to report a release [under Part 5] the court shall impose a fine of not more than $2,500.00
40. Part 5 SummaryIs the facility is regulated (Who and What)What is the nature of the business?Any exemption?What materials?How much?Any exemption?
41. Part 5 SummaryRegulated ThresholdsSolid salt >5 tonsLiquid salt >1,000 galOil storage capacity >1,320 gal or one tank >660 galListed ChemicalsIndoors > 2,200 lbsOutdoors > 440 lbs
42. Part 5 SummaryWhat are the Requirements?Surveillance (On-land and Oil)Secondary Containment (On-land)Use area and Indoor Storage also applies to Oil Storage facilityPollution Incident Prevention Plan (On-land)Release Reporting (On-land and Oil)
43. Part 5 ResourcesPart 5 RulesPIPP & Part 5 Rules Information PacketSalt & Brine Storage GuidanceRelease Notifications Requirements in MichiganPart 5 Staff
44. Questions?