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F E D E R A L

S P I L L P R E V E N T I O N, C O N T R O L, A N D C O U N T E R M E A S U R E S (SPCC) R U L E

SPCC Guidance Document New!

SPCC Template coming soon

SPCC Federal Fact Sheet New!

F R E Q U E N T L Y A S K E D Q U E S T I O N

Who must have a plan?

Any facility that has bulk oil with an aboveground storage capacity of 1,320 gallons of oil or more per location. The key word is “capacity.” Regulations apply regardless of whether the tank is full or nearly empty. This regulation does not apply to underground storage tanks subject to Vermont UST regulations. This includes businesses, industries, farms, and even residential properties.

What is Considered “Oil”?

Any kind of oil in any form such as crude oil; refined petroleum products (gasoline & diesel fuel); sludge; waste oil; oil emulsions; lube oils; grease; fats, oils or greases from animal, fish, or marine mammal origin; vegetable oils, including oils from seeds, nuts, fruits, or kernels; and other oils and greases, including synthetic oils and mineral oils.

What is Considered “Bulk Storage”?

A container with a capacity of 55-gallons or more. Fuel and lubricant capacity of mobile equipment on site is not considered bulk storage, and would not be included in this total capacity.

What does the basic SPCC Plan include?

The plan must include information on storage containers, maps and diagrams of the facility, secondary containment structures, site drainage, preventative measures, containment procedures, clean-up equipment and material, employee training, routine inspections and recordkeeping.

Will I have to provide secondary containment for all my bulk oil containers?

YES. Secondary containment is required and must hold the contents of the largest container plus freeboard for precipitation, if outdoors (110% rule). Double-walled storage tanks meet the requirement for containment.

If I have secondary containment in place, do I still need an SPCC Plan?

YES. You still must have a SPCC plan.

I don’t have containment where we load and unload trucks. Am I compliant?

Facilities with “load racks” are required to have secondary containment for trucks. Containment for these facilities must hold the largest single compartment of any truck loaded or unloaded.

Do my employees need to be trained?

YES. All employees handling oil will need to be trained (at least once a year). Training should include: oil handling procedures to prevent spills and the proper response to control, contain, and clean up a spill. Training can be done in-house (third party training is not required).

What are the certification requirements?

If a facility has 10,000 gallons or less in aboveground oil storage capacity and is able to comply with the oil spill history criteria (see following question), then the facility may prepare a self-certified plan. If a facility is over 10,000 gallons or fails to meet the spill history requirements, then the plan must be reviewed and certified by a Professional Engineer.

In Order to Self-Certify a facility must meet the following “Eligibility Criteria”

Facilities must have 10,000 gals or less in aggregate aboveground oil storage capacity

For 3yrs prior to plan certification, or if it has operated for less than 3yrs – the facility must not have had:

- A single discharge of oil to waters of the state exceeding 1,000 gals or

- Two discharges of oil to waters of the state each exceeding 42-gals (within any 12 month period).

What are “multi-media or multi-sector” inspections?

Environmental inspector’s who come to your facility may be carry a “checklist” and can ask about other activities at your facility that that are regulated. The inspector may be with EPA, a state agency or even the local government. Sometimes a "team" inspection occurs, where you will be visited by 2,3, or more program inspectors at a time. These other regulated areas may include:

· Air Pollution Control

· NPDES (wastewater) Permits

· Storm Water Pollution Prevention Plans (SWPPP)

· Hazardous Waste Generation

· Underground Storage Tanks

· Hazardous Sites

· Solid Waste

"Situations"
Example Facilities	Is an SPCC Plan necessary?
1- A facility has a 1,000 gallon aboveground tank of gasoline and a 1,000 gallon aboveground tank of diesel fuel. There are also eight, 55-gallon drums of lubricant on site.	Yes. The bulk storage container capacity equals 2,440 gallons, exceeding the 1,320 gallon capacity requirement.
2- A facility maintains 750 gallons of used oil in an aboveground tank. They also have one, 55-gallon drum of new oil (product) along with 45, 30-gallon drums of biodiesel (B-20).	No. The 30-gallon containers do not meet the definition of bulk storage, so they do not count. The remaining 805-gallons of gasoline/oil does not trigger the 1,320-gallon requirement.
3- One owner/two facilities. The first facility maintains a 3,000-gallon aboveground storage tank of diesel, but never puts more than 900 gallons of fuel in it. Across town, they own a second facility and they maintain a 500-gallon aboveground tank of gasoline, but they never store more than 250-gallons of fuel.	Yes and No. The first location must have a SPCC Plan. The second does not. You must count the "capacity" of the tank, not what you hold or store. Contiguous properties must count all containers toward one SPCC Plan. If the properties are not contiguous, then they are considered separate facilities.
4- A facility has 150, 30-gallon containers of vegetable oil and a 750-gallon aboveground storage tank of biodiesel.	No. The 4,500 gallons of veggie oil in 30-gallon containers do not count since they are less than the 55-gallon minimum.

Comparing the Old and Revised Rules - what has changed?

The revised rule:

- changes should/shall to must.
- exempts completely buried storage tanks from SPCC if they are subject to ALL the parts of 280 or 281

     (UST regs).
-    establishes a de minimis container size (55 gallons).
-    maintains the aggregate aboveground storage capacity threshold of >1320 gallons, but removes the

     single container >660 gallon provision.
-    establishes a spill volume of 42 gallons (for SPCC reporting requirement).
-    allows deviations when equivalent protection is provided.
-    provides for a flexible plan format, with a cross-reference showing that all regulatory requirements are

met.
- applies to storage and operational use of oil.

- requires record retention for 3 years.

E P A P R E S S R E L E A S E

US EPA Press Release, Washington, DC

Example of why secondary containment is so important (Derby VT)

Contact Information: David Deegan, (617) 918-1017

(Boston, Mass. – Feb. 6, 2008)

Fred’s Plumbing & Heating, Inc., a petroleum storage and distribution facility in Derby, Vt., will pay $21,250 in penalties and provide $14,000 for local oil spill equipment and facility in Derby, Vt., will pay $21,250 in penalties and provide $14,000 for local oil spill equipment and response training following Clean Water Act Violations discovered by both the U.S. Environmental Protection Agency (EPA) and the Vermont Dept. of Environmental Conservation (VTDEC).

On February 27, 2007, approximately 5,000 gallons of gasoline was released from an above ground 25,000 gallon double-compartment storage tank at the company’s plant located on Route 5 in Derby. VTDEC emergency responders observed that gasoline had flowed beyond the containment surrounding the tank and had contaminated soil and ground water on the property. Since then, VTDEC has continued to oversee cleanup activities, including monitoring a nearby stream and a neighboring drinking water well.

EPA determined that the company violated the Clean Water Act by failing to have an adequate “Spill Prevention, Control, and Countermeasure” (SPCC) plan in place at its facility, as required by Oil Pollution Prevention requirements. Facilities storing oil above specific amounts are required to take certain measures to ensure that a tank failure or accidental spill does not lead to oil contamination of surface waters, such as rivers or streams, which could harm human and ecological health.

Both EPA and VTDEC found upon inspection of the Derby facility that in addition to failing to fully implement an adequate SPCC plan, the company failed to construct sufficiently impervious secondary containment for its oil storage containers, loading rack, and other fuel transfer areas.

“Oil spills can severely impact the environment, including surface waters and drinking water supplies,” said Robert W. Varney, Regional Administrator of EPA’s New England office. “EPA will continue to ensure that facilities handling oils follow established procedures to minimize risks of oil spills.”

The penalties to resolve this Clean Water violation were lessened by the company’s willingness to fund a “Supplemental Environmental Project,” under which $14,000 will go to the Local Emergency Planning Committee (“LEPC”) District #10, to boost local oil spill response capabilities. These funds will help the LEPC provide up-to-date oil spill training techniques and equipment for local responders. FP&H has been responsive to EPA’s inspection and has agreed to comply with the SPCC regulations and update its SPCC plan.

L I N K S O F I N T E R E S T

Code of Federal Regulations - 40 CFR Part 112, SPCC

EPA Spill Prevention, Control & Countermeasure website

Oil Pollution Prevention Regulation Overview

EPA SPCC New England Enforcement

SPCC Guidance for Regional Inspectors

VT DEC SPCC Guidance Document coming soon!

VT DEC SPCC Template coming soon!

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The Small Business Ombudsman (SBO) serves as an effective conduit for small businesses to access EPA and facilitate communications between the small business community and the Agency. The SBO reviews and resolves disputes with EPA and works with EPA personnel to increase their understanding of small businesses in the development and enforcement of environmental regulations. The SBO function was established in 1982 and is currently a part of EPA's Office of Small and Disadvantaged Business Utilization located within the Office of the Administrator. The SBO's primary customer group is the nation's small business community. Significant secondary customer groups include state and EPA regional small business ombudsmen and national trade associations serving small businesses.