Summary  of  Major  SPCC  Rule  Revisions

On July 17, 2002, EPA issued a final rule amending the Oil Pollution Prevention regulation promulgated under the authority of the Clean Water Act.  This rule became effective August 16, 2002, and includes requirements for Spill Prevention Control and Countermeasure Plans (SPCC Plans).

There are a variety of reasons for these changes.  First, the final changes stem from the need to clarify the language and organization of the rule.  Second, they are intended to reduce the information burden on the regulated community by eliminating duplicate regulation, exempting certain small facilities, exempting most wastewater treatment facilities, and requiring consideration of industry standards in prevention plans.  Finally, the revised rule allows for an owner or operator to substitute one required measure for another—provided that there is equivalent environmental protection.

This Fact Sheet summarizes many of the changes in the new Rule and clarifies how these changes apply to facilities where oil is stored or used.

Clarifications

   The revised rule clarifies that users of oil are also subject to the rule as opposed to strictly owners and operators.  It also expands the scope of the rule to conform to the expanded jurisdiction in the amended Clean Water Act.

   The revised rule clarifies the definition of facility by stating that it may be as small as a piece of equipment (i.e., a tank) or as large as a military base.

   The revised rule clarifies that a Professional Engineer (PE) must certify only technical amendments.  PE certification is not required for non-technical amendments such as changes to phone numbers, names, etc.

   The revised rule clarifies that the secondary containment must be installed under loading racks and must have capacity equivalent to the largest storage container (plus additional storage for precipitation).

   The revised rule mandates training only for oil-handling employees, instead of all employees.  It specifies additional topics for the training of these employees.  It also specifies that discharge prevention briefings must be conducted at least once a year, instead of “at intervals frequent enough to assure adequate understanding of the SPCC Plan for that facility.”

Revisions  That  Ease the  Regulatory  Burden  for 
Facility  Owners  and  Ope rators

   The revised rule provides that completely buried tanks subject to all of the technical requirements of parts 280 or 281 do not count in the calculation of the 42,000-gallon underground storage threshold.  It also clarifies that permanently closed tanks do not count in the calculation of that threshold. 

   The revised rule increases the threshold for aboveground storage capacity by eliminating the provision that any single container that has a capacity of 660 gallons triggers the requirement for a SPCC plan, although the 1,320 gallon (single container or aggregate) threshold remains.  The revised rule also establishes a de minimis container capacity to calculate aboveground storage capacity.  Now only containers with a capacity of 55 gallons or greater are counted in the calculation of aboveground storage capacity.  Smaller, de minimis containers are not.  The revised rule also clarifies that permanently closed containers do not count in the calculation of aboveground storage capacity.  The threshold continues to apply to storage capacity contained in operating equipment.

   A facility (or part thereof) used exclusively for wastewater treatment will no longer be subject to prevention planning unless it is used to meet Part 112 requirements.

   The revised rule allows different formats for the plan other than the one format now specified.  While you may use the format specified in the rule, you may also use other formats, such as State plans, Integrated Contingency Plans, and any other formats acceptable to the Regional Administrator.  If you use another format, you must ensure that the format includes all applicable SPCC requirements, or you must supplement that format to include all applicable SPCC requirements.

   The revised rule allows the use of usual and customary business records to serve as a record of tests or inspections, instead of keeping duplicate records.  It also allows the owner or operator to keep those records as an appendix to the Plan, or in a separate log, etc., with the Plan, rather than requiring that those records be a part of the Plan.

   The revised rule maintains the requirement that dikes, berms, or retaining walls be “sufficiently impervious” to contain oil; however, it withdrew the proposed standard that such secondary containment be impermeable for 72 hours.

   The revised rule provides that records required by NPDES permit regulations are allowable to record stormwater bypass events for SPCC purposes in lieu of records specifically generated for that purpose.

   The threshold for reporting two, separate discharges has been increased to a threshold of more than 42 U.S. gallons (or 1 barrel) in each separate discharge event.  The 1,000 gallon threshold for a single discharge as described in Part 112 remains unchanged.

Revisions  That  Increase  the  Regulatory  Burden  for 
Facility  Owners  and  Operators

   The owner/operator of a facility that becomes operational after August 18, 2003, must now prepare and implement an SPCC Plan before beginning operations.  

   The revised rule adds a requirement that before a PE may certify a Plan he/she must consider all applicable industry standards and verify that the Plan is prepared in accordance with
Part 112 requirements.  In the past, the PE was only responsible for attesting to the fact that the Plan was prepared in accordance with “good engineering practice”.  The revised rule allows an agent of the PE to visit and examine the facility in place of the PE.  The PE must review the agent’s work prior to certifying the Plan. 

   The revised rule requires the facility owner or operator to maintain a copy of the Plan at the facility if it is attended at least 4 hours a day.

   The revised rule adds new requirements for periodic integrity testing of containers and periodic integrity and leak testing of valves and piping. 

   The revised rule requires that an owner or operator test aboveground storage containers for integrity on a regular schedule including whenever material repairs are done.  Usual or customary business records may be used for the purpose of documenting the testing, instead of records specifically created for that purpose.

   The revised rule requires that all buried piping that is installed or replaced on or after August 16, 2002, must have protective wrapping and coating and cathodic protection, or otherwise satisfy the corrosion protection provisions for piping in 40 CFR part 280 or a State program approved under 40 CFR part 281, for all soil conditions.

   Security requirements have been increased such that each facility that handles, processes, or stores oil (excluding oil production facilities) must be fully fenced and have guarded or locked entrance gates when the facility is unattended.

   Facility lighting must be provided to facilitate the discovery of discharges occurring during hours of darkness, both by operating and non-operating personnel. 

Additions  and  Miscellaneous  Changes  to  the  Rule

   There is a provision that requires evaluation of field-constructed aboveground containers undergoing repair, alteration, reconstruction, or change in service with the potential to fail, or discharge due to fracture or other catastrophe.  It also requires such evaluation when there has actually been a discharge or failure due to brittle fracture or other catastrophe.

   The Rule changes the period of review for SPCC Plans from 3 to 5 years.  It also now requires the documentation of completion of the review and evaluation.

   For those facilities already in operation on the effective date of the rule, an owner or operator of a facility subject to the rule must prepare an SPCC Plan within the current time frame of six months (i.e., before February 17, 2003 (extended to August 17, 2004)).  An additional six months will be allowed for the implementation of the plan.  An owner or operator of a facility becoming operational after August 16, 2002 through August 18, 2003, must prepare and implement a Plan not later than August 18, 2003 (extended to February 18, 2005).

   The revised rule changes SPCC notification requirements from the State agency in charge of water pollution control activities to the State agency in charge of oil pollution control activities.  There may be more than one such agency in some states.

   The revised rule explicitly allows deviations from most of the rule’s substantive requirements (except for secondary containment requirements), provided that you explain your reasons for nonconformance with the requirement, and provide equivalent environmental protection with an alternate measure.