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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

Regulatory Update - November 2009: EPA Announces Final Amendments to the SPCC Rule on November 5, 2009. The EPA Administrator signed a 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 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

FAQ

EPA Article

Situations

Links of Interest

SPCC Guidance Document   

SPCC Model Plan   (state model)  

SPCC Model Plan   (federal model)- for an electronic version of this model, please email or phone the VT SBCAP  

SPCC (SBEAP) National Fact Sheet  

SPCC PowerPoint Presentation 10.2008 

SPCC PowerPoint Presentation 12.2008 - EPA Amendments 

SPCC PowerPoint Presentation 11.2009 - EPA Final Amendments   new

Spill Contractors

EPA Fact Sheet 01.2009 on Final Rule   

EPA Fact Sheet 11.2009 on Final Rule Amendments    new

Workshops - general

EPA announces final amendments to the SPCC Rule on November 5th 2009!

The EPA Administrator signed a 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 rule is effective January 14, 2010.

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 potentially 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.

Who is Exempt from this regulation?

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?

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. 

Integrity Tank Testing.. Is it Required?

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

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 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.

EPA PowerPoint Presentation on December 2008 Amendments  

S P C C  S p i l l  C o n t r a c t o r s

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 

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

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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.