The Environmental Protection Agency (EPA) amended the Spill Prevention Control and Countermeasure (SPCC) Rule on November 20, 2008. The compliance date for the new requirements is July 1, 2009 (although EPA is proposing to extend this date to November 20, 2009). The following paragraphs summarize and highlight the issues that were addressed in this most recent amendment. The full EPA announcement can be found at http://www.epa.gov/fedrgstr/EPA-WASTE/2008/December/Day-05/f28159.htm.
- Exemption of Hot-Mix Asphalt (HMA) from SPCC Requirements. EPA however continued to regulate asphalt cement (AC), asphalt emulsions, and cutbacks.
- Exemption of residential heating oil containers from the SPCC requirements. This exemption applies to aboveground containers, as well as completely buried heating oil tanks, at single-home residences, including those located at farms.
- Modification of the definition of “Facility.” This modification clarifies that contiguous or non-contiguous buildings, properties, parcels, leases, structures, installations, pipes or pipelines may be considered separate facilities. As such, a facility can “potentially” have multiple SPCC Plans based on ownership or operation of the buildings, activities being conducted, property boundaries and other relevant information.
- Revision of the facility diagram requirement. If there are multiple fixed oil storage containers or complex piping/transfer areas at a facility, the owner/operator can include the information separately in the SPCC Plan. For mobile storage, the owner/operator can mark the area on the diagram.
- Revision of the definition of a “loading/unloading rack.” The new definition of the loading/unloading rack includes “a fixed structure (such as platform, gangway) necessary for loading or unloading a tank truck or tank car…. A loading/unloading rack includes a loading or unloading arm (Note: The italicized and underlined portion of the definition is new) and may include any combination of the following: piping assemblages, valves, pumps, shut-off devices, overfill sensors or personnel safety devices.” EPA further clarified in the preamble of the amended rule that “a loading/unloading arm is typically a movable piping assembly that may include fixed piping or a combination of fixed and flexible piping.” This becomes critical in determining the containment requirement of a loading/unloading area. A loading/unloading rack would require a worst-case discharge containment design, while a non-loading rack would require a most-probable discharge containment design.
- Addition of a new subset of Qualified Facilities. In an earlier amendment, EPA allowed the owner/operator to self-certify the plan if the facility met a certain criteria (storage of less than 10,000 gallons of oil and no reportable spill of 42 gallons or more in the last three years). If the facility met these criteria, it is designated as a Qualified Facility. This amendment further designated a subset of these qualified facilities (Tier I Qualified Facilities) as those that have no oil storage containers with an individual aboveground storage capacity greater than 5,000 gallons. The owner or operator of a Tier I Qualified Facility has the option to complete a self-certified SPCC Plan template (attached as a separate file) in lieu of preparing a full SPCC Plan. Also, a table is attached that illustrates the tiers, criteria and options for qualified facilities.
The following are NOT included in the new streamlined SPCC Template and, as such, are not required for Tier I Qualified Facilities:
- Facility Diagram
- Facility Description
- Loading/Unloading Rack
- Brittle Fracture Evaluation
- Requirement for Secondary Containment to be Sufficiently Impermeable
- Discussion of Conformance with Regulations
- Facility Drainage
- Monitoring Internal Heating Coils
- Effluent Treatment Facilities
- Facility Transfer Operations
Also, EPA is allowing for a flexible plan format for owners/operators of Tier I Qualified Facilities that do not chose to use the template. In addition, the owner/operator still has the option to have a PE-certified plan even if the facility is eligible to be classified as Tier I Qualified Facility.
- Amendment of the facility security requirements. EPA amended the security requirements to allow the owner/operator to tailor the security measures to the facility’s specific characteristics and location.
- Amendment of the bulk storage container integrity testing requirements. EPA modified the current provision to allow the owner/operator to consult and rely on industry standards to determine the appropriate qualifications for personnel performing tests and inspections, as well as the type and frequency of integrity testing required for a particular container size and configuration
- Clarification of transfer operations involving exempted USTs. The SPCC regulations exempt USTs that meet the technical requirements of 40 CFR Part 280 from SPCC requirements. However, in this amendment clarified that transfers at loading/unloading racks and transfer areas associated with exempted USTs are considered regulated activities at an otherwise regulated SPCC facility.
For more information, please contact Camille Costa, Principal Engineer of Roux Associates, Inc. at ccosta@rouxinc.com or (856) 423-8800.
Notice: ENVIRONMENTAL REVIEW is published by Roux Associates Inc., Islandia, New York. The information contained herein is provided for educational and informational purposes only and should not be taken as technical consulting advice for specific situations, which depends on an evaluation of site-specific factual information. Please direct questions or comments to the Roux Associates professional named in a specific article. Copyright Roux Associates, Inc., 2009.
