On June 12, 2009, the EPA announced another extension of the compliance dates for the July 2002, December 2006, December 2008 SPCC and November 2009 amendments to November 10, 2010 for both plan revisions and implementation. This deadline assumes that a facility has a current SPCC plan and it must only be revised to conform to the revised requirement. This announcement would result in the sixth deadline extension for these rules.
If a facility has begun operation since August 16, 2002, its owner or operator has until the deadline to complete and fully implement a SPCC plan.
The December 5, 2008 revisions included a new deadline requirement for production facilities. New oil production facilities will require a SPCC Plan prepared and implementated within 6 months of start of operation. One regulatory requirement is based on production rate - which cannot of course be determined until after operation has started.
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
Recent court action forces 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/oilspill/index.htm 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.
Oil Spill Prevention, Control & Countermeasure Plan
The Oil Pollution Prevention Regulation (40 CFR 112) requires each owner or operator of a regulated facility to construct and operate its facility in accordance with industry standard practices. These steps will reduce the likelihood of spills, minimize clean-up costs should a spill occur, and prevent harm to the environment. The facility must also have prepared and implemented a Spill Prevention, Control, and Countermeasure (SPCC) plan.
The regulation applies to non-transportation-related facilities that:
Have an aggregate capacity in above-ground storage of more than 1,320 gallons, or a total underground storage capacity of 42,000 gallons; and
Could reasonably be expected to discharge oil in harmful quantities into navigable waters of the United States.
EPA SPCC Guidance Manual Released
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 over 25 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 new facilities or 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.