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 prepare and implement a plan to prevent discharges of oil into Waters of the State. The Regulatory Authority lies with EPA/New England Region I Office Boston, MA
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 Jet / Aviation fuels Hydraulic / lubrication Seed Nut Fruit & Kernel Roofing tar
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.
Exempted pesticide application equipment and related mix containers Exempted heating oil containers at singlefamily residences Exempted motive power containers Exempted milk or milk product containers Clarified that farm nurse tanks are mobile refuelers
Need a plan. Need secondary containment. Need spill kits. Need personnel training. Need documented inspections. Need plan updates.
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. The plan must be available during normal business hours for EPA, or State environmental staff, if requested.
Provide appropriate secondary containment and/or diversionary structures or equipment to prevent a discharge (from tanks, drums, totes, piping, transfer areas, etc.) to navigable waters of the U.S. and adjoining shorelines The entire system (walls and floor) must be capable of containing oil so that a discharge from containment will not occur until cleanup happens.
One of the following preventive systems or its equivalent should be used as a minimum for facilities: Dikes, berms or retaining walls sufficiently impervious to contain spilled oil Curbing or drip pans Sumps and collection systems Culverts, gutters or other drainage systems Weirs, booms or other barriers Spill diversion ponds Retention ponds Sorbent materials
Some Above Ground Storage Tanks (ASTs) may be inside buildings, where the buildings structure serves as secondary containment
Drums of petroleum are located on secondary containment pallets/basins If the floor space is used for containment, all floor drains must be plugged.
To avoid discharges during filling 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 2 person rule-loading and unloading
* sawdust * kitty litter * oil absorbent materials * shovel Are also suitable spill kit materials
Train oil-handling personnel Operation/maintenance of prevention equipment Discharge procedure protocols Applicable pollution control laws, rules, and 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
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.
Regularly inspect the outside of all above ground tanks, doublewalled tanks and drums for signs of deterioration, leaks, or accumulation of oil inside containment areas If a double-walled tank, an owner or operator must frequently inspect the inner wall and interstitial spaces of a shopbuilt double-wall AST. The use of automatic detection devices to detect discharges into the interstitial space is recommended.
Conduct inspections and tests in accordance with written procedures developed for your facility Plan Keep these written procedures and a record of the inspections and tests, signed by the appropriate staff, with the SPCC Plan for a period of three years Refer to Attachment #3 of the Tier 1 Template
Any time you move or change out a tank, you have 6 months to Amend your Plan. See Attachment 1.2 of the Tier 1 Template 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. See Attachment 1 of the Tier 1 Template
Farmer self-certified plan can be written 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 PE stamped 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.
What to do if you have a Spill: 1. Determine the spill source 2. Stop the discharge 3. Stop any further transfer operations 4. Use your easily accessible spill response equipment to clean up the spill safely 5. Call in your clean-up contractor, if needed 6. Document the event with 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 Regional Administrator within 60 days: Environmental Protection Agency Region 1 5 Post Office Square - Suite 100 Boston, MA 02109-3912 Phone: (617) 918-1111 Fax: (617) 918-1809 Toll free within Region 1: (888) 372-7341
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 on-site. Plan is not reviewed or updated every five years.
Staff not conducting regular walk-through 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 Vermont 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.
For Model SPCC Tier 1 Template and More: http://www.eaovt.org/sbcap/spccfarm.htm
Questions?