Amended SPCC Requirements Finalized in November 2008

In November 2008, EPA amended the SPCC rule to provide clarity, tailor requirements to particular industry sectors, and streamline certain requirements while maintaining protection of human health and the environment. As part of the Oil Pollution Prevention regulation (40 CFR part 112), the SPCC rule outlines requirements for prevention of, preparedness for, and response to oil discharges. Regulated facilities must develop and implement SPCC Plans that establish procedures and equipment requirements to help prevent oil discharges from reaching navigable waters or adjoining shorelines.

Below is summary of the new SPCC rules to help guide you. [Please note that the below is just a summary to help you get better acquainted with the revised regulations. The source of the below summary is: http://www.epa.gov/oilspill/]

Change 1: Certain materials and equipment to become exempt from the regulations.

If your company currently works with any of the following, you will no longer need to follow SPCC regulations for them:

  • Hot-mix asphalt (HMA), but asphalt cement (AC), asphalt emulsions, and cutbacks, which are not HMA will continue to be regulated
  • Pesticide application equipment and related mix containers
  • Residential heating oil containers–those used solely at single-family residences, including those located at farms.
  • Non-transportation-related tank trucks at a facility subject to the SPCC rule (extended from the exemption from the sized secondary containment requirement for mobile refuelers provided in the December 2006 SPCC rule amendments)
  • Underground oil storage tanks deferred under 40 CFR part 280 that supply emergency diesel generators at nuclear power generation facilities and that are subject to design criteria under the Nuclear Regulatory Commission (NRC) regulations – includes both tanks that are completely buried and tanks that are below-grade and vaulted.

Change 2: Redefining and Clarifying Terms

In an effort to clarify terms that may have caused issues in the past, the EPA has clarified the following terms:

  • Facility: the definition of “facility” is being expanded to clarify that contiguous or non-contiguous buildings, properties, parcels, leases, structures, installations, pipes, or pipelines may be considered separate facilities, and to specify that the “facility” definition governs the applicability of 40 CFR part 112.
  • Loading/Unloading Rack: specifying that this definition governs the applicability of the provision at Sec. 112.7(h), Facility tank car and tank truck loading/unloading rack.

Change 3: Revised Requirements

The following requirements have been changed in the Amended SPCC rules:

  • Facility diagram requirement at Sec. 112.7(a)(3) to clarify how containers, fixed and mobile, are identified on the facility diagram.
  • Where facility diagrams become complicated due to the presence of multiple fixed oil storage containers or complex piping/transfer areas at a facility, the owner or operator can include that information separately in the SPCC Plan in an accompanying table or key.
  • For any mobile or portable containers located in a certain area of the facility, an owner or operator can mark the area on the diagram and indicate potential range in number of containers and contents.
  • Streamlined the requirements for Qualified facilities that may perform a Self-certification of their SPCC Plan.
  • General secondary containment requirements are amended to clarify the that secondary containment only must consider the typical failure mode and most likely quanity of oil that would be discharged.
  • The facility security requirements are being changed and extended to allow an owner or operator to tailor the security measures to facility’s specific characteristics and location–with the specific security measures listed within the SPCC Plan.
  • The bulk storage container integrity testing requirements are being amended to allow an owner to rely on industry standards to determine the appropriate qualifications.
  • The integrity testing for facilities that handle certain types of Animal Fats and Vegetable Oils (AFVOs) is being amended to allow the owner to determine the scope of integrity testing based on FDA requirements.

Who it affects

While the revised SPCC rule will primarily affect the following industries, it is possible that the revised SPCC regulations may span industries beyond the list below:

  • Oil Production
  • Farms
  • Electric Utility Plants
  • Petroleum Refining & Related Industries
  • Chemical Manufacturing
  • Food Manufacturing
  • Manufacturing Facilities Using & Storing Animal Fats & Vegetable Oils
  • Metal Manufacturing
  • Other Manufacturing
  • Real Estate Rental & Leasing
  • Retail Trade
  • Contract Construction
  • Wholesale Trade
  • Other Commercial
  • Transportation
  • Arts Entertainment & Recreation
  • Other Services (Except Public Administration)
  • Petroleum Bulk Stations and Terminals
  • Education
  • Hospitals & Other Health Care
  • Accommodation & Food Services
  • Fuel Oil Dealers
  • Gasoline stations
  • Information Finance & Insurance
  • Mining
  • Warehousing & Storage
  • Religious Organizations
  • Military Installations
  • Pipelines
  • Government

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