The Federal Spill Prevention, Control & Countermeasures (SPCC) Rule Overview January 2012 Presented by: Annie Macmillan, Stephanie Congo
The purpose of the SPCC rule is to prevent discharges of oil into waters of the State The Regulatory Authority lies with EPA/New England Region I Office, Boston MA
Contact: VT Agency of Agriculture or NRCS *ASAP* and sign up Cost share covers secondary containment, roofing, and security requirements Does not cover cost to write the plan
Petroleum Based Oils Non Petroleum Oils Oil Containing Products Gasoline Animal Fats Oil-based paints Off / On Road Diesel Fuel Vegetable Oils Oil-based thinners Motor (used & new) Biofuels Oil-based inks Crude Oil Adjuvant Oil Petroleum-based parts Heating Nut &Seed Roofing tar Jet / Aviation fuels Hydraulic / lubrication Fruit & Kernel Milk*in non-usda approved tanks
Regulations apply regardless of whether the above ground tank is full or nearly empty.
Adjacent or non-adjacent parcels, either leased or owned, may be considered separate facilities for SPCC purposes. For farms, it is very helpful to show diagrams of separate leased and owned parcels in your plan. Separate facilities could be identified by tax map identifier, tract number or field number. Containers on separate parcels (that the farmer identifies as separate facilities based on how they are operated) do not need to be added together in determining whether the 1,320-gallon applicability threshold is met.
Pesticide application equipment and related mix containers Heating oil containers at single-family residences Motive power containers USDA milk/milk product containers Clarified that farm nurse tanks are mobile refuelers
Required the basics: The written plan (including site map) Secondary containment Spill kit(s) Personnel training Documented inspections Plan amendments
1. Introduction 2. Facility description 3. Storage Tanks / Containers 4. Spill History 5. Spill Containment & Prevention 6. Spill Prediction & Direction 7. Stormwater Discharge 8. Deliveries & Unloading Procedures 9. Flood Hazard 10. Inspections, Testing & Records 11. Spill Control & Countermeasures 12. Emergency Response & Notification 13. Facility Security 14. Personnel Training 15. Plan Review & Amendment Procedures 16. Plan Implementation Items
A copy of the plan must be maintained at the farm office. A copy does not have to be filed with EPA unless requested.
Provide sized secondary containment and/or diversionary structures or equipment to prevent a discharge (from tanks, drums, totes, piping, transfer areas, etc.) The entire system (walls and floor) must be capable of containing oil so that a discharge from containment will not occur until cleanup happens.
Some Aboveground Storage Tanks (AST) may be located inside buildings, where the buildings structure may be able to serve as secondary containment
Drums of oil are located on a secondary containment pallet able to hold the contents of the largest container. If floor space is used for containment, all floor drains must be plugged.
Farm fuels example
Biodiesel storage example
Double-walled tanks Plastic containment basins require additional monitoring/maintenance if outside Attachment 3.3
To avoid discharges during loading/ unloading operations at least one of the following systems is required: High liquid level alarms High liquid level pump cutoff Fast-response system for determining liquid level of each bulk storage container, with person present to monitor In VT we highly recommend the two person rule while loading and unloading
Purchased spill kit * oil-only absorbents * sawdust * shovel * trash barrel * dirt (for berm) Note: Debris from spill cleanup is a Hazardous Waste and needs to be disposed of through Solid Waste District or licensed transporter.
Train oil-handling personnel Operation/maintenance of prevention equipment Oil prevention discharge protocols Applicable pollution control regulations General facility operations Contents of the facility SPCC Plan Designate a person accountable for discharge prevention and who reports to farm management Schedule/conduct at least one briefing/year: Known discharges and failures, malfunctioning components, new precautionary measures, any updates Attachment 3.4
Drums and Totes (portable containers): Periodic visual inspections, as long as sized secondary containment provided; typically monthly, can be weekly, etc. Tanks: Periodic visual inspections by the owner/operator plus formal inspections based on the industry integrity testing standard that is used. Visual inspections are typically performed monthly, can be weekly, etc. Fuel Transfer Areas: Visual inspections by the owner/operator during transfers, typically monthly, can be weekly, etc. Attachment 3
Any time you move or change out a tank, you have 6 months to Amend your Plan. Every 5 years, Review your plan! Even if you have made no changes at all (staffing, no tank changes, etc.). Management must review and sign-off every 5 years. Attachment 1, 1.2
Farmer can write and self-certify Tier 1 plan if: Storage between 1,320 and 10,000 gallons No single tank is greater than 5,000 gallons No reportable* discharges within last 3 years P.E. stamped Tier II plan required if: Storage over 10,000 gallons, and/or Has had an oil spill within the last 3 years * Reportable discharge = 1,000 gallons or 2 discharges exceeding 42 gallons within 12 months
Spill Prevention, Control, and Countermeasure Plan Vermont Tier II Model Facility 10,000 gallons or greater Please Note! This Model does NOT include the November 2009 Amendments changes! This Model can still be used just make the necessary adjustments. See the website for the Amendment details: www.eaovt.org/sbcap/spcc.htm
What to do if you have a spill: 1. Determine the spill source 2. Stop the discharge 3. Stop transfer operations 4. Use your easily accessible spill kit to clean the spill safely 5. Call in your clean-up contractor, if needed 6. Document the event - photos and text
Spills over 2 gallons, call: VT DEC 24-Hour Hazardous Spills Hotline 800-641-5005
Spills to water: Immediately report all oil discharges to surface waters of the U.S. to: National Response Center 1-800-424-8802
Spills over 1,000 gallons, or more than two - 42 gallon spills occurring in a 12 month period: Report to the EPA Region 1, Boston within 60 days 5 Post Office Square - Suite 100 Boston, MA 02109-3912 Phone: (617) 918-1111 Fax: (617) 918-1809 Toll Free: 1-888-372-7341 Attachment 4
No plan at all Failure to include all elements of a plan No secondary containment
Plan does not accurately identify each path spilled oil would take to reach a waterway Plan does not include all oil storage Plan is not reviewed or updated every five years Attachment 1.1
Staff not conducting regular inspections and log documentation Drain valves are not closed or properly maintained to avoid a discharge Loading/Unloading areas not adequately protected from discharges Insufficiently impervious containment Containment is not sized adequately
The penalty for failure to have a SPCC Plan can be up to $37,500 per day of violation, up to a maximum of $137,500 (this may have increased in 2009), if an administrative action is filed. The EPA performs random, unannounced inspections of facilities suspected of needing a SPCC Plan.
Recently, two VT medium farms were cited for their lack of compliance with the SPCC rule during federal inspections. The farms were given a short time period in which to come into compliance with the SPCC rule. They are still at risk for federal fines should EPA wish to pursue penalties.
SPCC Outreach Materials, including Templates www.eaovt.org/sbcap/spccfarm.htm
Questions? VAAFM Stephanie Congo 802-828-0384 VAAFM Annie Macmillan 802-828-3479