Per 40 CFR 112.3, the owner or operator of an onshore or offshore facility subject to this section must prepare a Spill Prevention, Control, and Countermeasure (SPCC) Plan in writing. The December 5, 2008 changes (73 FR 74236) revised definition of ‘‘facility’’ and ‘‘production facility’’ presented in § 112.2.Its preamble discussion on p. 74235 reinforced the concept of a “multiple facility” SPCC plan.As stated there, this approach was of particular interest to operators in the oil production sector, wind power production and electrical distribution industies. Pipeline transfer facilities with multiple booster pumps or compressors may also want to consider the format.
The December 2008 changes clarified owners, operators or the professional engineer acting on behalf of same can separate or aggregate containers based on various factors. In defining ‘‘facility,’’ the owner or operator has discretion in identifying which contiguous or non-contiguous leases, structures, installations, pipes, or pipelines (among others) make up the facility. Specifically, the EPA inserted the sentence ‘‘Contiguous or non-contiguous buildings, properties, parcels, leases, structures, installations, pipes, or pipelines under the ownership or operation of the same person may be considered separate facilities.’’
Another excerpt in part from the preamble states, “These revisions allow an owner or operator of a facility to separate or aggregate containers to determine the facility boundaries, based on such factors as ownership or operation of the buildings, structures, containers, and equipment on the site, and activities being conducted, property boundaries, and other relevant considerations. EPA is adding the terms ‘‘property,’’ ‘‘parcel,’’ and ‘‘lease’’ to the list of terms mentioned in the first sentence of the definition. EPA believes that adding these terms further distinguishes the attributes that can be considered in determining facility boundaries. These additions are merely examples of terms that might define a facility and are familiar to the regulated community, such as farmers or oil production facility owners.”
The multi-facility SPCC plan format can save tens of thousands of dollars. Maybe more.
If your internal engineering department or consulting firm did not offer this option, ask whether they are expending the effort keep up to date with regulatory changes. Consider engaging our engineers and specialists to assist you in your oil spill planning compliance efforts.
