The goal of the Spill Prevention Control and Countermeasure Plan provisions is to set forth requirements for prevention of, preparedness for, and response to oil discharges at specific non-transportation related facilities. To prevent the oil from reaching navigable waters and to contain discharges of oil, facilities are required to develop and implement SPCC Plans and establish procedures, methods, and equipment requirements.
The SPCC Plan framework was conceived in 1972 as the amended Federal Water Pollution Control Act, or the Clean Water Act. The Oil Pollution Act of 1990 revised the original provisions, expanding and improving EPA's activities and placing more impetus on owners and operators for response and recovery. The regulations continued to evolve throughout the last two decades, with the latest revisions finalized on December 26, 2006. These latest revisions, due to numerous legal actions from concerned stakeholders, have been extended four times. The latest extension pushed amending and implementing SPCC Plans to July 1, 2007. Naturally, all current facilities must comply with the original provisions.
The revised provisions incorporate several minor changes and additions. For instance, the original rule was that a total of 1,320 gallons of all storage containers or a single container of 660 gallons required an SPCC Plan. The new provision eliminated the single 660-gallon container requiring coverage. Additionally, previously all containers, regardless of size were used to calculate the 1,320 gallons of storage. Now, only containers of 55 gallons or more will be subject to the rule, exempting anything less than 55 gallons. The attached table has a comprehensive cross-reference to the provision and how the previous and revised regulations differ.
Source: Environmental Protection Agency, SPCC Guidance for Regional Inspectors
|
Citation
|
Revised Rule Provision
|
Change from 1974 Rule
|
|
New Threshold Requirement
|
An owner/operator of a facility with more
than 1,320 gallons in aboveground storage
must prepare a plan.
|
The single container capacity of
660 gallons requiring a plan has
been eliminated.
|
|
Minimum Container
Size
|
A de minimis container capacity of 55
gallons has been established to determine
aboveground storage capacity.
|
Previously all containers,
regardless of size, were
considered to be subject to
SPCC provisions.
|
|
SPCC Plan Preparation
|
The EPA Regional Administrator has the
authority to require a facility, regardless
of exemptions, to prepare an SPCC Plan.
|
No 1974 rule counterpart.
|
|
Professional Engineer
(PE) Certification
|
For a facility to comply with these
provisions, a licensed PE must attest to:
a. The PE is familiar with 40 CFR 112; b. The PE has visited and examined the facility; c. The Plan has been prepared with good engineering practice; d. Procedures for required inspections and testing have been established; e. The Plan is adequate for the facility. |
The previous rule required a PE
attest that, through the
examination of a facility, the
Plan was prepared with good
engineering practice.
|
|
Plan Location
|
The owner/operator must maintain a
complete copy of the Plan at a facility if
the facility is normally attended for at
least four hours per day.
|
Previously, a Plan was located at
a facility if it was attended for at
least eight hours per day.
|
|
Five-Year Review
|
The Plan is now reviewed every five
years. The review must be documented,
with a signed statement if the Plan will be
amended. If amended with technical
changes a PE certification is required.
|
The review period was
previously three years.
|
|
Alternate Formats
|
The Plan must be written. If it does not
follow the specified sequence, a cross-
reference must be provided.
|
No 1974 rule counterpart.
|
|
Spill History
|
Spill History does not need to be reported.
|
The previous rule required a spill
history for reportable discharges.
|
|
Environmental
Equivalence
|
If a facility does not conform, the
owner/operator must state the reason for
nonconformance and describe the
alternate methods to achieve equivalent
environmental protection.
|
No 1974 rule counterpart.
|
|
Facility Diagram
|
The facility is required to prepare a
facility diagram with location and
contents of containers, transfer stations,
and connecting pipes.
|
No 1974 rule counterpart.
|
|
Information for Use in a
Discharge
|
The Plan must provide information and
procedures relating to basic spill
prevention, reporting, and response.
|
No 1974 rule counterpart.
|
|
Secondary Containment
|
The entire containment system must be
able to contain oil and prevent a discharge
from escaping the confines of the
containment system before cleanup
occurs.
|
Previously the containment must
"prevent discharged oil from
reaching a navigable water
course."
|
|
Impracticability
Claim/Integrity Testing
|
When secondary containment is not
practicable, the owner/operator must
explain why, and conduct integrity and
leak testing for containers, valves, and
piping.
|
No 1974 rule counterpart.
|
|
Brittle Fracture
Evaluation
|
Storage containers undergoing repair,
alteration, reconstruction, or change of
service must be evaluated.
|
No 1974 rule counterpart.
|
|
Secondary Containment
|
Onshore facilities must ensure that
secondary containment has sufficient
freeboard to allow for precipitation.
Whatever method used must be
documented in the Plan. Typically, 110%
of the largest tank is sufficient.
|
Previous rule did not specify
allowance for precipitation was
required for production
facilities.
|
|
SPCC Streamlining
|
Self-Certifying SPCC Plan at facilities
with storage capacity of 10,000 gallons or
less.
|
Required Professional
Engineer's Certification
regardless of storage capacity.
|
|
|
|
|
These provisions are not all inclusive. There are additional non-physical, non-mechanical requirements involving reporting, inspecting, recordkeeping and other clerical functions not mentioned. For additional information contact Universal Lubricants Technical Services Dept at 800-444-OILS (6457), or visit EPA's website at www.epa.gov.
Lastly, regardless of the format, physical controls, or manpower, it is critical that all SPCC Plans and their procedures, unless meeting streamlining exemptions, be approved and certified by a licensed Professional Engineer.
Universal Lubricants, Inc. - February, 2007
As always, if you have any questions about our lubricants or your equipment applications, please feel free to callTechnical Services Dept. at 1-800-444-6457.
