The document summarizes lessons learned from the Exxon Valdez oil spill and the resulting Oil Pollution Act of 1990. It provides background on President Nixon's proposal of the EPA in 1970 and details of the Exxon Valdez spill in 1989. It then explains that the Oil Pollution Act of 1990 was passed to prevent future oil spills and mitigate liability, requiring oil spill prevention and response plans. The document outlines regulatory requirements for facility response plans under the Oil Pollution Act.

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2. Thomas Bieker, M.Sc., CHMM
• Environmental Works, Inc.
Project Manager
tbieker@environmentalworks.com
417.890.9500

3. Environmental Reform
1962
1969
1970

4. Nixon on the Environment
• National Environmental Policy Act of 1969
• Signed into law by Nixon on
January 1st, 1970
In 1970, President Richard Nixon
proposed an executive
reorganization that would
consolidate many of the federal
government's environmental
responsibilities under one agency,
a new “Environmental Protection Agency”.
Wage & Price Control. Environmental Reform. Ended the Vietnam War.
Republican.

5. Exxon Valdez
• 24 March 1989
• Prince William Sound, Alaska
• Up to 11 million gallons lost
• Largest spill in US history (until
Deepwater Horizon in 2010)
• Covered 1,300 miles of coast in
oil

6. Fallout

7. Born of Imperfections
• The FWPCA was enacted in 1972 as part of a reorganization of
the Water Quality Improvement Act. The CWA, enacted in
response to the grounding of the Argo
Merchant off Nantucket, Massachusetts, in 1976. Together
with the FWPCA, they formed the oil pollution containment,
response, and liability framework that applied during the
Exxon Valdez casualty.
• The Oil Pollution of Act 1990 was born due to the
imperfections of the two previous acts, which were the Clean
Water Act of 1977 (CWA) and the Federal Water Pollution
Control Act (FWPCA).

8. The Legislation
• The Oil Pollution Act (101 H.R.1465, P.L. 101-380) was passed
by the 101st United States Congress, and signed by
President George H. W. Bush, to mitigate and prevent civil
liability from the future oil spills off the coast of the United
States.
• The law stated that companies must have a "plan to prevent
spills that may occur" and have a "detailed containment and
cleanup plan" for oil spills.
• Passed unanimously

9. The Unicorn

10. FRP Determination
40 CFR 112.20(f)
The facility has a total oil storage capacity of at least 1
million gallons AND at least one of the following is true:
The facility is located at a distance such that a
discharge could cause injury to fish and wildlife
and sensitive environments.

11. Management Approval
• 40 CFR 112.7
Management approval at a level of authority to commit the
necessary resources to fully implement the plan.

12. Diagrams
• 40 CFR 112.7(a)(3)
• Plan describes physical layout of facility and includes a diagram
that identifies:
• Location and contents of all tanks
• Storage areas of mobile and portable containers
• Buried tanks exempted from SPCC regulations
• Transfer stations
• Connecting pipes, including intra-facility gathering lines that are
otherwise exempt from the requirements of this part.

13. Inspections
• 40 CFR 112.7(e)
• Inspections and tests in accordance with written procedures.
• Record of inspections or tests signed by supervisor or inspector.
• Kept with plan for 3 years.

14. Conformance With State
Laws
• 40 CFR 112.7(j)
• Discussion of conformance with applicable more stringent
State rules, regulations, and guidelines and other effective
discharge prevention and containment procedures listed in 40
CFR part 112.

15. Sensing Devices
• 40 CFR 112.12(c)(6)(ii)
• Each container is equipped with at least one of the following for
liquid level sensing:
• High level alarms (audible or visual signal)
• Pump cutoff devices
• Direct audible or code signal between gauge and pump
• Fast response systems for determining liquid level (people, digital
computers, direct vision gauges)
• Regularly test sensing devices for proper operation

16. Maintenance
• Maintain maintenance records:
• 40 CFR 112.5(a)
• Periodically review and evaluate this SPCC Plan for… maintenance
that materially affects the facility’s potential for an oil discharge.

17. Procedure Notification
Ensure that proper notification in accordance with 40 CFR 120.7(h)(2)&(3)
implementation

18. Thomas Bieker, CHMM
Project Manager
Office: (417) 890-9500
Cell: (417) 569-6252
Email: tbieker@environmentalworks.com
www.EnvironmentalWorks.com