The July 2002 and later changes to the oil spill prevention, control and countermeasure (SPCC) rules changes are due to become effective on November 10, 2011.
Offshore facilities, nor large capacity facilities at which an oil spill could pose "substantial harm" to the environment with (a) 1,000,000 gallons or more capacity and located in areas with would adversely impact water supplies or sensative environmental locations; or (b) 42,000 gallons or more capacity and load over water. The deadline for those facilities was November 10, 2010.
Current SPCC Regulatory Deadline
Facilities, including farms, in operation prior to August 16, 2002 should already have a plan and the necessary containment and training in place.
If a facility's operation began August 16, 2002 or later and meets the regulation's criteria, its owner or operator has until the specified deadline to complete and fully implement a SPCC plan.
Oil production facilities, however, must establish a production rate to size its tanks and therefore its containment systems. Since this information cannot be determined until after operation has started. SPCC compliance activities, including preparation of a SPCC plan, must be completed within 6 month of start of operation.
If a facility does not have an SPCC plan, was in existance prior to August 16, 2002 and has an aggregrate above ground capacity of greater than 1320 gallons and/or 42,000 gallons of underground volume*, then it is past the deadline for the development of an initial SPCC Plan.
(*Note: underground volume subject to a federal Part 280 or a state's Part 281 underground storage tank program does not have to be included in this volume threshold determination.)
Restoration of "Navigable Waters" Definition
Court action forced EPA to vacate the revised definition of navigable waters and to reinstate the narrower 1973 version. The new final rule does not amend the definition of "navigable waters" in any other regulation that has been promulgated by EPA. The restored 1973 definition of navigable waters for purposes of complying with the SPCC regulations is:
“The term "navigable waters" of the United States means "navigable waters" as defined in section 502(7) of the FWPCA, and includes: (1) all navigable waters of the United States, as defined in judicial decisions prior to the passage of the 1972 Amendments of the Federal Water Pollution Control Act, (FWPCA) (Pub. L. 92-500) also known as the Clean Water Act (CWA), and tributaries of such waters as; (2) interstate waters; (3) intrastate lakes, rivers, and streams which are utilized by interstate travelers for recreational or other purposes; and (4) intrastate lakes, rivers, and streams from which fish or shellfish are taken and sold in interstate commerce.
For North Dakota facilities in the north central portion of the state which drain to prairie potholes, a SPCC plan is no longer required. Note however that the EPA officials have indicated they will seek Congressional action to implement the former broader definition of "navigable waters" and therefore may be subject to the regulation at some point in the future. We suggest you do not discard your existing SPCC Plan.
Small Facility Provision - Self Certified SPCC Plan
The change should be a welcome relief to many sites in our region. Some bulk fuel dealers have located remote, unattended, self-serve fueling stations in small communities typically with two or three 2500-gallon tanks of gasoline and diesel plus appropriate dispensing pumps. Many dealers also have drum warehouses separate from their bulk plant sites for heavy oils such as lubricants and greases. Segregated drum storage sites may be consolidated with an existing SPCC Plan for a bulk fuel facility if located in the same community.
Many construction sites or fleet vehicle maintenance sites also own and operate relatively small bulk fuel tanks and/or small container warehouses which will qualify for regulatory relief under this provision.
The EPA has published sample SPCC plans which can be easily modified for a small facility. They can be downloaded from their website at http://www.epa.gov/oem/content/spcc/ NOTE: This provision still requires sites with “aggregate storage capacity” in excess of 1320 gallons to comply with all design features such as secondary containment for tanks/containers and loading and unloading areas. Monthly facility inspections and annual oil-handling employee training are also still required. A formal SPCC plan is still required for these sites, and as with “large” sites, the SPCC plan can be self-prepared. All plans must be reviewed and certified as meeting specified EPA and state requirements and judged adequate for the specific type of facility.
The difference is who is eligible to conduct the review and certification. A PE review and certification is required for large (i.e. over 10,000 gallon capacity including piping volume) facilities or small facilities with recent reportable spills. Qualified small facility owners/operators can “self-certify” their plans.
In the regulation’s preamble discussion, EPA suggests “small” facilities with complicated operations may still find it worthwhile to engage a PE. PE-certified plans can a facility take advantage of the flexibility of an impracticality determination and environmentally equivalent measures. Depending on the site, these design and operational changes may offer greater overall cost savings towards compliance than a one-time Professional Engineer plan review and certification cost. Other Changes
The EPA is also indicated it will be revisiting plant and animal based oil requirements. At the present time, the requirements for both petroleum/mineral-based and plant/animal-based oils are the same. 100% biodiesel fuel would be an example of a plant/animal based oil. Secondary containment requirements for oil filled equipment such as electrical substations can also be avoided if suitable visual inspection and monitoring programs are in place and a Part 109 Oil Spill Contigency Plan has been developed and there is a written commitment of necessary manpower and resources to implement the plan. No proof of impacticality is required. Oil-powered motive vehicles such as construction and mining equipment with large fuel tanks are now exempted from SPCC regulations. Oil drilling & workover rigs remain however subject to the full-slate of requirements.
EPA has prepared a regulators guidance manual to attempt to gain uniform enforcement standards nationwide of oil spill prevention, control and countermeasure (SPCC) regulations. Information provided in this manual provides important insight into the EPA's expectations of individual sections of a plan and its implementation. For facility operators who now qualify to prepare their own plans, sample SPCC plans are provided.
The guidance manual can be downloaded from their website at http://www.epa.gov/oilspill/guidance.htm
Keitu Engineers & Consultants will draw on 30 years experience in the petroleum industry to assess your existing facilities, procedures and SPCC plan for compliance with the revised 40 CFR 112. Our staff can review your existing operation, including design and construction specifications, scheduled inspections and employee training for compliance with the new regulations and coordinate changes to upgrade facilities or procedures to meet the new requirements. For locations not currently operating with an existing SPCC plan, our engineers will work with your staff to prepare, or assist in preparation, of a plan to conform to the current regulations.