Many are bewildered by the seemingly endless changes to the Spill Prevention Control and Counter (SPCC) rules put forth by the EPA.   First there were the old where they would be implemented, then the date was extended…. and then….and then….and then.

So what is the story now and what does everyone have to do to comply?

The EPA has set a new date of July 1, 2009 for all to have the new SPCC plans developed and implemented for all facilities.  But who needs an SPCC plan?  All facilities that store over 1320 gallons of oil and also are close enough for a spill to reach “navigable water” must have an SPCC plan.  So if your facility has over 1320 gallons of oil and is close enough to a creek, river, pond, lake, wetland or other body of “navigable water,” then you must have and SPCC plan.

The first step is to figure out what parts of the rule apply to your facility.  First, part 112.7 applies to all facilities.   Then you must determine if your facility is subject to one of the following:

1) onshore facility,

2) onshore oil production facility, or

3) onshore oil drilling and workover facility.  

Correspondingly, there are also categories of offshore oil production facilities and offshore oil drilling and workover facilities.  But, lets focus on the onshore portions of the rule.

The first part of the rules requires that each plan have several common elements.  These partially include having a facility diagram, describing the facility, container inventory, container construction list, discharge controls, disposal of recovered oil, a response plan, prediction of flow and direction, containment structures, inspections, training, briefings, security (fencing and lighting) and tank railcar/truck loading,.

Basically, you are going to be either an onshore facility or an oil production facility. If your facility can be thought of as a tank battery, test station, or is just a single well, then your facility is most likely an “oil production facility.”   If your facility is downstream of a tank battery or test station; or is used to process oil or petroleum liquids; then the facility is most likely an “onshore facility”.  

“Facilities” have a long list of requirements in addition to the common requirements found in 112.7.   These requirements, found in 112.8, address: berm drainage, states you must have a way to contain oil from all plant drainages, containers must be compatible with the contents, record keeping of diked area drainage, testing of containers, engineer containers to have alarms or cut off switches, protection of buried piping, pipe support design, inspection of piping, and the warning of vehicles to not endanger aboveground piping.

“Oil Production Facilities” are exempt from fencing and other security requirements found in Section 112.7 Section 112.9 covering “Oil Production Facilities” does require that container compatibility, berms around tanks, inspection of containers, “engineered” tank safety features (capacity, equalizing lines, vacuum hatches, or high level sensors), inspections and flowline maintenance.

One of the areas for much interpretation concerns secondary containment for piping and truck loading racks.   First the rules require secondary containment for all piping.  But the rules give us an “out” by allowing a statement of “impracticality.”  Of course, if secondary containment is “impractical” then you must have a spill response plan and a written commitment of manpower as part of your SPCC plan.

Loading racks must have secondary containment for the single largest tank on the truck.  You will also note that the SPCC rules talk about “transfer points” also.  So what is the difference between a loading rack and a transfer point?   Loading racks generally have pumps, meters, loading equipment.   Much like you would see in a fuel terminal.   On the other hand, transfer points can be thought of as a place where a truck drives up, connects a hose, pumps fluids out of a tank and then hauls to another location.  Loading racks must have secondary containment (berms); transfer points do not.

SPCC plans can be optimized to reduce shelf space and reading time.  You can develop a single spill response plan to address and group of facilities in a common area. If you have multiple sites in the same general area, you can put the general requirements in one section and then develop different chapters for each of the facilities containing specific requirements.  

The two best references that we have found for the SPCC rules include the rule itself (http://www.epa.gov/oilspill/pdfs/proposed122606.pdf) and the EPA publication titled, “SPCC Guidance for Regional Inspectors” (http://www.epa.gov/oilspill/pdfs/guidance/SPCC_Guidance_fulltext.pdf).    The latter contains example SPCC plans.

(SPCC) Plan

Iowa Waste Reduction Center / University of Northern Iowa

40 CFR 112                                                                                                                    July 2007

Do these regulations apply to my operation?

The Spill Prevention, Control, and Countermeasures (SPCC) regulations apply to facilities that store oil (e.g. crude oil, animal and vegetable oils, petroleum products, etc.) in excess of the following limit and from which an oil leak or spill could ultimately discharge to a surface water (i.e., storm sewer, ditch, drainage tile, river or lake).

·         Total facility aboveground oil storage capacity greater than 1,320 gallons (in containers with a capacity of 55 gallons or more).

General Requirements/Summary

SPCC plans are designed to minimize the potential for an oil release to occur and mitigate any environmental impacts in the event one does occur.

What are the benefits of implementing an SPCC plan?

The SPCC regulations were established to reduce the likelihood and severity of oil leaks and spills.  By preparing and implementing a plan, the facility assures it has installed effective spill prevention equipment/secondary containment, established emergency response plans, and provides employee training to prevent and/or respond to oil spills.  These proactive activities will reduce emergency response and environmental liability costs associated with spills.  Likewise, reduced fire risks and worker exposure can be realized.  Finally, federal law requires SPCC plans for facilities that exceed the storage limit listed above and thus, should be implemented from a strict compliance standpoint.

Preparation and Amendment

·         A copy of the Plan must be maintained at the facility or property where oil is stored or the nearest attended facility if the storage area is not normally attended at least four hours per working day.

·         SPCC Plans must be amended within six months whenever there is a change in facility design, construction, operation, or maintenance, which affects potential for oil discharge. The plan must be reviewed and recertified every five years either by a professional engineer or self-certification.

Facilities with greater than 10,000 gallons of oil storage capacity

·         SPCC Plans must be reviewed and certified by a licensed Professional Engineer

Facilities with less than 10,000 gallons of oil storage capacity

·         “Qualified Facilities” have the option to prepare a self-certified SPCC Plan instead of one that is reviewed and certified by a Professional Engineer (PE).

o   Qualified Facility – must meet all of the following criteria

ü  The facility must have 10,000 gallons or less in aggregate aboveground oil storage capacity and;

ü  The facility must not have had a single discharge of oil to navigable waters exceeding 1,000 U.S. gallons for three years prior to the SPCC Plan certification date and;

ü  The facility must not have had two discharges of oil to navigable waters each exceeding 42 U.S. gallons within any twelve-month period for three years prior to the SPCC Plan certification date.

                        Note:

A.       The gallon amount(s) specified (either 1,000 or 42) refer to the amount of oil that actually reaches navigable waters or adjoining shorelines, not the total amount of oil spilled.

B.       Oil discharges that result from natural disasters, acts of war, or terrorism are not included in this qualification determination.

·         An owner/operator that certifies a facility’s SPCC Plan attests that he/she is familiar with the requirements of 40 CFR 112 and has visited and examined the facility.  The owner/operator also certifies that:

o   The Plan has been prepared in accordance with sound industry practices and standards and with the rule requirements

o   Procedures for required inspections and testing have been established

o   The Plan is being fully implemented

o   The facility meets the qualifying criteria

o   The Plan does not deviate from rule requirements except as allowed and certified by a PE

o   Management approves the Plan and has committed resources to implement it

Deadline Extensions

If your facility was in operation on or before August 16, 2002, a company must maintain its plan, but must amend it if necessary to ensure compliance with this part, and must implement the amended Plan as soon as possible, but not later than July 1, 2009.

If your facility becomes operational between August 16, 2002 and July 1, 2009, you must prepare and implement a Plan by July 1, 2009.

If your facility becomes operational after July 1, 2009, you must prepare and implement a Plan before you begin operations.

The SPCC Plan Must Include

·         Written descriptions of any spill events in the preceding twelve months, including corrective action and plans to prevent recurrence.

·         Physical layout of facility, including a diagram marking location(s) and contents of each oil storage container and any completely buried tanks, transfer stations and connecting pipes.

·         Predictions of the direction, rate of flow, and total quantity of oil that could be discharged.

·         A complete discussion of the spill containment and/or diversionary structures or equipment used at the facility, including:

o   Dikes, berms, or retaining walls

o   Curbing

o   Culverts, gutters, or other drainage systems  

o   Weirs or booms

o   Spill diversion/retention ponds                

o   Double-wall tanks with interstitial monitors (i.e., electronic, manual or visual means)

o   Sorbent materials

·         A discussion of how the facility manages containment area drainage, including:

o   Storm water in dikes (i.e., restrained by locked valves)

o   Dike drainage practices (i.e., inspection procedure and manual discharge)

o   Management of undiked areas (i.e., diversion to a retention area)

·         Bulk storage practices, including:

o   Verification that tank material and construction are compatible with material stored

o   Secondary containment means (i.e., double walled tanks with interstitial monitoring, dikes with capacity equal to the largest tank plus 10%, holding ponds, etc.)

o   Procedure to ensure that drainage of containment area does not release oil and the record keeping system to document compliance (i.e., diked area drain valve locked closed; area inspected for product before the valve is opened; valve opened to drain precipitation; valve locked closed; valve operator signs inspection/drainage record for that event)

o   Integrity testing procedures and record keeping (i.e., hydrostatic testing, visual inspection, and/or nondestructive shell thickness testing)

·         Facility transfer practices, including:

o   Means to limit corrosion of buried piping

o   Means to inspect and maintain aboveground valves and piping

o   Procedures to warn vehicles to avoid damaging aboveground piping and storage, where appropriate

·         Tank truck loading and unloading practices, including:

o   Documentation that loading and unloading procedures meet Department of Transportation (DOT) requirements

o   Loading/unloading area containment capacity (i.e., at least the capacity of the largest single compartment of the vehicle being loaded or unloaded) and containment method

o   Means to prevent vehicle departure before transfer lines are disconnected

·         Inspection and documentation means to assure the plan is being implemented.  Records must be kept for at least three years.

·         Site security, including:

o   Restriction of access to oil handling and storage areas

o   Means to secure tank valves, pumps, and loading and unloading connections when in standby status

·         SPCC training programs conducted, including:

o   Operation and maintenance of equipment

o   Applicable environmental regulations and requirements overview

o   Designation of an SPCC Plan coordinator

o   Training schedule

o   Personnel training records

·         A “Certification of the Applicability of Substantial Harm Criteria” form (attached) should also be completed.

o   If all five questions on the form are answered No, then the form need only be included and maintained as part of the SPCC.

o   If any question is answered yes, a facility-specific response plan must be submitted to the EPA.  Contact the IWRC for additional assistance if this is the case.  

Reporting

In addition to emergency notification, facilities must provide a written report to the Region VII Environmental Protection Agency (EPA) and Iowa Department of Natural Resources (DNR) within 60 days if more than 1,000 gallons of oil are discharged or a discharge of more than 42 gallons in each of two spill events within a 12-month period.

The report should include:

·         Name of facility

·         Name of facility owner or operator

·         Location of the facility

·         Date and year of initial facility operation

·         Maximum storage or handling capacity and normal daily throughput

·         Description of the facility including maps and flow diagrams    

·         Cause(s) of the spill including failure analysis

·         Corrective actions and/or countermeasures including any equipment repair or replacement

·         Additional preventive measures to minimize recurrence