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Information

FEDERAL SPILL PREVENTION, CONTROL,
AND COUNTERMEASURES (SPCC) RULE

 

Spills happenTwo oil drums leaking on ground, no containment: this could have been prevented

But releases to the environment

can be prevented.

November 10th, 2011 Amendment:

EPA Extended SPCC Rule's Compliance Date for Certain Facilities On October 7, 2010, EPA maintained the November 10, 2010, compliance date for drilling, production or workover facilities that are offshore or that have an offshore component, and for onshore facilities required to have and submit Facility Response Plans (FRPs). However, EPA extended the compliance date an additional year for all other facilities to amend or develop a SPCC Plan until November 10, 2011.

The amendments do not remove the regulatory requirement for owners or operators of facilities in operation before August 16, 2002, to maintain and continue implementing an SPCC Plan in accordance with the SPCC regulations then in effect. Such facilities continue to be required to maintain Plans during the interim until the applicable compliance date for amending and implementing the amended Plans.

The purpose of the SPCC rule is to establish requirements for facilities to prevent a discharge of oil into navigable waters or adjoining shorelines. Deep water drilling, production or workover facilities are typically not subject to EPA jurisdiction and will not be impacted by this action.

Regulation: Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure (SPCC) Rule, Final Rule - November 2009 (PDF) at: www.regulations.gov/#!documentDetail;D=EPA-HQ-OPA-2007-0584-0270

Fact Sheet: Spill Prevention, Control, and Countermeasures (SPCC) Rule, Streamlined Requirements – May 2011 (PDF) at: www.epa.gov/osweroe1/docs/oil/spcc/qualfac_fs.pdf

 

EPA announced final amendments to the SPCC Rule on October 2010

The EPA Administrator signed the notice amending certain requirements of the SPCC rule in order to address additional areas of regulatory reform that have been raised by the regulated community. The November 2009 amendments revise the December 2008 amendments as a result of EPA's review of comments and consideration of all relevant facts. EPA is either taking no action or providing minor technical corrections on the majority of the December 2008 provisions.

However, this action modifies the December 2008 rule by removing the provisions to: exclude farms and oil production facilities from the loading/unloading rack requirements; exempt produced water containers at an oil production facility; and provide alternative qualified facilities eligibility criteria for an oil production facility.

Additionally, because of the uncertainty surrounding the final amendments to the December 5, 2008, rule and the delay of the effective date, EPA will propose to extend the compliance date.

This amended rule is effective January 14, 2010.   For more information, including a copy of the November 2009 amendments and a powerpoint presentation, go to www.epa.gov/emergencies/content/spcc/index.htm

How do I determine if my facility is subject to the SPCC Rule?

Your Facility is covered if:

  • you store, transfer, use, or consume oil or oil product, such as diesel fuel, gasoline, lube oil, hydraulic oil, vegetable oil, mineral oil, or animal fat;
  • you have storage capacity* of more than 1,320 gallons in aboveground containers or more than 42,000 gallons in completely buried containers (completely buried tanks and associated piping and equipment that are subject to all of the technical requirements under 40 CFR part 280 or 281 are excluded from storage capacity calculations). Identify your VT UST tanks in your SPCC Plan, but do not count them in your initial 1,320 gallon calculation; and
  • you could reasonably be expected to discharge oil to waters of the U.S. or adjoining shorelines, such as interstate waters, intrastate lakes, rivers, and streams. (Count only containers of oil that have a storage capacity of 55 gallons or more) The key word being "capacity"  -   Regulations apply regardless of whether the aboveground tank is full or nearly empty.

Who can use the Tier I Template Plan to "Self Certify" and who has to hire a Professional Engineer?

In order to Self-Certify using the Tier I Template SPCC Plan, you must meet the eligibility criteria:

  • a total aboveground oil storage capacity of 10,000 U.S. gallons or less;
  • no aboveground oil storage containers with a capacity greater than 5,000 U.S. gallons; and
  • in the 3 years prior to the date the SPCC Plan is certified, had no single discharge of oil to navigable waters or adjoining shorelines exceeding 1,000 U.S. gallons, or no two discharges of oil to navigable waters or adjoining shorelines each exceeding 42 U.S. gallons within any 12-month period.**

Tier I qualified facility has the option to complete an SPCC Plan template (in Appendix G to 40 CFR part 112) in lieu of a full SPCC Plan, use the Tier I Template, or hire a Professional Engineer.

Tier II facilities must hire a Professional Engineer to certify their SPCC Plans.

What is Considered “Bulk Storage”? 

A container with a capacity of 55-gallons or more.*

Any container used to store oil. These containers are used for purposes prior to use, while being used, or prior to further distribution in commerce. Oil-filled electrical, include items such as tanks, containers, drums, and mobile or portable totes.

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.

 

Enforcement Alerts & Penalties

 

 

Be advised that a facility in noncompliance with the Oil Pollution Prevention regulations at 40 CFR Part 112 constitutes a vioation of the Clean Water Act for which both injunctive relief and penalties can be sought.  Under the Clean Water Act, a facility is subject to penalties up to $32,500 per day for violations occurring from March 16, 2004 through January 12, 2009, and up to $37,500 per day for vilations occurring after January 12, 2011.

 

 

 

Three Sided and Roofed Containment Area

 

FREQUENTLY ASKED QUESTIONS

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 potentially residential properties.

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 Security?

Yes.  You will have to address how will you prevent unauthorized access and secure and control storage areas.*

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 (24-hour, 25-year rain event: see rain chart below). 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 secondary containment where we load and unload mobile refuelers. Am I compliant? 

Maybe - if you provide effective, general secondary containment to address the most likely discharge where you transfer oil to and from containers and for mobile refuelers, such as fuel nurse tanks mounted on trucks or trailers then you meet compliance. For example, you may use sorbent materials, drip pans or curbing for these areas; and
Periodically inspect and test pipes and containers. You should visually inspect aboveground pipes and inspect aboveground containers following industry standards.

You must “leak test” buried pipes when they are installed or repaired. EPA recommends you keep a written record of your inspections.*

What must I provide if for my fuel oil trucks?

Trucks parked overnight containing more than a “residue” of petroleum product are subject to SPCC requirements even if they are not parked at an otherwise regulated SPCC facility. The EPA considers such trucks “temporary storage”. The truck itself and the lot on which it sits is considered an SPCC facility for purposes of compliance with the rule. An SPCC plan is required and the trucks must comply with general (as opposed to "sized") secondary containment requirements.

Integrity Tank Testing.. Is it Required?

Yes.  There is flexibitly in inspection and integrity testing, but you must use industry standards to determine the appropriate qualifications for testing.*

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 has oil vessels over 5,000 gals and/or has more than 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).

 

Who can use the Tier I Model Plan to "Self Certify" and who has to hire a Professional Engineer? 

In order to Self-Certify using the Tier I Facility Model, you must meet the eligibility criteria:

  • a total aboveground oil storage capacity of 10,000 U.S. gallons or less;
  • no aboveground oil storage containers with a capacity greater than 5,000 U.S. gallons; and
  • in the 3 years prior to the date the SPCC Plan is certified, had no single discharge of oil to navigable waters or adjoining shorelines exceeding 1,000 U.S. gallons, or no two discharges of oil to navigable waters or adjoining shorelines each exceeding 42 U.S. gallons within any 12-month period.*

Tier I qualified facility has the option to complete an SPCC Plan template (in Appendix G to 40 CFR part 112) in lieu of a full SPCC Plan, use the Tier I Facility Model, or hire a Professional Engineer.

Tier II facilities must hire a Professional Engineer to certify their SPCC Plans.

Farmers, please visit our SPCC Farm web page at:  www.eaovt.org/sbcap/spccfarm.htm  for more information.

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 is Exempt from this regulation?

- Residential heating oil containers at single-family residences are exempt from the SPCC rule. (see details in slide below)

- General Secondary Containment Requirements to address the "most likely oil discharge" (to handle loading/unloading areas) instead of requiring "sized" secondary containment. (see details in slide below)

-

- Pesticide Application Equipment. (see details in slide below) - However:  Containers that are 55- gallons or greater in capacity that store oil prior to mixing with a pesticide, or containers used to store pesticides that contain oil, continue to be regulated under the SPCC rule.

- Security Requirements have been streamlined (see more in slide below)

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.  The SPCC Plan must be reviewed and updated at least every 5-years and management must sign and approve the updated Plan.

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/or for the 24 hour-25 year rain event). Double-walled storage tanks meet the requirement for containment. If indoors it must meet 100% of the largest container within the containment area.  Refer to the calculation examples below.

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

YES. You still must have a SPCC plan.

Integrity Tank Testing.. Is it Required?

Yes, now integrity testing requirements outlined in industry standards maybe used.  (see details in slide below)

- Integrity testing for containers that store animal fats / vegetable oils:  (see details in slide below)

 

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 SPCC Plan 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 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 (but are not limited to):

  • Air Pollution Control
  • NPDES (wastewater) Permits
  • Water Quality (stormwater, wetlands, etc.)
  • Hazardous Waste Generation (RCRA)
  • Underground Storage Tanks
  • Hazardous Sites
  • Solid Waste

 

 

The 24-hour 25-year precipitation estimates for Vermont

3.6 (dark red) to 5.2 inches (dark green)

For a more detailed map, visit:  http://precip.eas.cornell.edu, Data & Products, Regional/State Maps

"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. Please consider a spill prevention plan to minimize the risk.

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 can be 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. Please consider a spill prevention plan to minimize the risk.

 

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.

 

 

 

Secondary Containment Calculation Worksheets

Example and blank worksheets used to calculate secondary SPCC containment capacity can help you comply with the secondary containment requirements of the SPCC rule. These blank worksheets address four specific scenarios and may not be valid for every facility. Although the SPCC rule does not require you to show the calculations of sized secondary containment in your Plan, you should maintain documentation of secondary containment calculations to demonstrate compliance to an EPA inspector.

*Disclaimer: Please note that these are simplified calculations that assume:

1) the secondary containment is designed with a flat floor;

2) the wall height is equal for all four walls; and

3) the corners of the secondary containment system are 90 degrees.

Additionally, the calculations do not include displacement for support structures or foundations.

For Professional Engineer (PE) certified Plans, the PE may need to account for site-specific conditions associated with the secondary containment structure which may require modifications to these sample calculations to ensure good engineering practice.

*Please note: Word versions are fill-in the blank only. The PDF forms compute the calculations for you.

 

E P A  P R E S S  R E L E A S E

US EPA Press Release, Boston, Mass.  10/11/2011

Vermont Oil Distributor Settles Clean Water Act Violations

Contact Information: Paula Ballentine, 617-918-1027

A Vermont company that stores a significant amount of oil has agreed to pay $52,000 to settle claims by the EPA that it violated the federal Clean Water Act.

According to the settlement, Rowley Fuels of Milton, Vt. failed to take adequate precautions meant to prevent and contain oil spills.

Specifically, EPA alleged that Rowley Fuels failed to adequately prepare and maintain a Spill Prevention, Control, and Countermeasure plan, known as an SPCC plan, at the company’s Alburgh, Vt. facility. The complaint was based on an inspection by EPA staff. Because of the facility’s proximity to surface waters and a municipal stormwater drain system, which both drain into Lake Champlain, a fuel-oil spill at the facility could result in fuel-oil being discharged into Lake Champlain. The company has since come into compliance with SPCC requirements.

Every year, thousands of gallons of oil are spilled from oil storage facilities, polluting New England waters. Even small oil spills can cumulatively have an adverse effect on aquatic life and on public and private property. Because discharges from these facilities are often to small streams and rivers that have little to no dilution capabilities, the harm can be great. SPCC plans are critical to ensuring that such spills are prevented and, if they do occur, are adequately addressed.

Federal law requires facilities that have the potential for spills take every step possible to prevent, before they occur, oil discharges to the nation’s rivers, lakes and oceans through putting in place SPCC plans. Any facility with more than 1,320 gallons of above-ground oil storage capacity and meeting certain other criteria must develop and put in place SPCC plans to prevent and contain spills, including installing non-porous containment around storage tanks.

The law recognizes that it is equally important that facilities know how to minimize environmental damage when spills do occur, and therefore requires response planning and spill preparation. To ensure that a facility can adequately respond to a spill, it must have adequate employee training and spill response equipment.

 

EPA PowerPoint Presentation on December 2008 Amendments  

SPCC CONTRACTORS

 

SPCC Contractors located in Vermont

See State Wide Map of all available Spill Cleanup Contractors - Click here

 

Sean Sullivan

General Manager

TMC Services, Inc.

Vermont Service Center

40 San Remo Drive

South Burlington, VT  05403

802-863-5300

Fax    802-863-0005

ssullivan@hazmatt.com

www.hazmatt.com

Steve Singer
Branch Manager

Environmental Products & Services

Burlington Branch
273 Commerce Street
Williston, VT  05495
802-862-1212
Fax    802-860-7445
ssinger@epsofvermont.com

www.epsofvermont.com

ENPRO Services of Vermont
54 Avenue D
Williston, Vermont 05495
802.860.1200
Fax: 802.860.7202

www.enpro.com/emergency_num.html

Verterre Group

414 Roosevelt Highway Suite 200
Colchester, VT 05446
802-654-8663
1-888-565-8732
Fax: 802-654-8667

www.verterregroup.com/services

 

LINKS OF INTEREST

Code of Federal Regulations - 40 CFR Part 112, SPCC 

EPA Spill Prevention, Control & Countermeasure website 

Oil Pollution Prevention Regulation Overview  

SPCC For Agriculture (Tier I Template for Agriculture)  

EPA SPCC New England Enforcement  

SPCC Guidance for Regional Inspectors 

A Facility Owner/Operator's Guide to Oil Pollution Prevention ( EPA Brochure) 

VT DEC SPCC Guidance Document 

VT DEC SPCC Template   - please email VT DEC SBCAP for your copy

Report an Environmental Complaint

EPA's Small Business Ombudsman 

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.

 

VT DEC Environmental Assistance Office 1 National Life Dr. - Davis 1  Montpelier, VT  05620-3704  Tele: 800-974-9559   Fax: 802-828-1011

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