INFORMATION GUIDE
ARRIL-, 200C3
United Slates Environmental Protection Agency
Region 111. Removal Branch
Removal Enforcement and Oil Section (3HS32)
]650 Arch Street
Philadelphia, PA 19103-2029
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Note: Effective March 11,1996,40 CFR 112.6 is reserved.
For Civil penalties for violations of oil pollution prevention regulations, refer to 33
USC 1321 for Class I and Class II penalties.
Plus a 10% increase assessed cap for Class I and Class II penalties.
SPILL PREVENTION, CONTROL, AND
COUNTERMEASURE (SPCC) PLAN
INFORMATION GUIDE
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TABLE OF CONTENTS
FOREWORD
SPCC/FRP OUTREACH CONTACT NUMBERS
WEBSITE INQUIRIES, EPA INFORMATION AND HOTUNES
KEY POINTS OF PREVENTION REGULATION
ELEMENTS OF AN SPCC PLAN
FREQUENTLY ASKED QUESTIONS
APPENDICES
Appendix A, Example SPCC Plan With Amendment
Appendix B, Dike Designs
Appendix C, 40 CFR Part 109
Criteria for State, Local, and Regional Oil Removal Contingency Plans
Appendix D, 40 CFR Part 110
Discharge of Oil
Appendix E, 33 CFR Part 153.201- Notice of the Discharge of Oil or a Hazardous Substance
Appendix F, 40 CFR 112 - Final Rule, dated 17 July, 2002
Appendix G, 40 CFR 112 - Interim Final Rule (60-Day Extension), dated January 9, 2003
Appendix H, 40 CFR 112 - Final Rule (18-Month Extension), dated April 17, 2003
COMMONLY USED CWA-OPA-SPCC ACRONYMS
IMPORTANT SPCC DEFINITIONS
SPCC COURSE SLIDES
WHAT TO EXPECT DURING AN SPCC INSPECTION
ACKNOWLEDGMENT AND RECORD OF SPCC INSPECTION
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FOREWORD
This document has been prepared by Region in of the U.S. Environmental Protection Agency as an
informational and educational guide and may be used in developing spill prevention, control, and
countermeasure (SPCC) plans as required under Title 40, Code of Federal Regulations, Part 112 (40
CFR 112). The information contained in this manual has been compiled from existing regulations, EPA
documents, and other guidance documents. This document should not be relied upon as the sole
source in developing a site-specific SPCC plan; it is intended to be used only as a guide in explaining
the SPCC regulations. 40 CFR 112, which is included in Appendix G, is the standard against which
SPCC plans are judged and should be used as the primary guide in developing SPCC plans.
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SPCC/FRP OUTREACH
SPILL PREVENTION, CONTROL, AND COUNTERMEASURE PLANS/
FACILITY RESPONSE PLANS
Who Can You Call?
Region ffl FRP/SPCC Hotline (215)814-3452
Regional Response Center (RRC) (215) 814-9016 (24 Hours)
National SPCC/OPA Hotline (202)260-2342
National Response Center (NRC) (800) 424-8802
EPA Region m FAX # (215)814-3254
For additional information concerning SPCC regulations, call or write the SPCC Coordinator as follows:
Regina A. Starkey, (215) 814-3292
SPCC Coordinator
U.S. Environmental Protection Agency
Region ffl, Removal Branch
Removal Enforcement and Oil Section (3HS32)
1650 Arch Street
Philadelphia, PA 19103-2029
Should the SPCC Coordinator be unavailable to answer questions, please leave a message on the voice
mail system. Any of the following inspectors is also available to provide SPCC/FRP information.
Linda Ziegler, (215) 814-3277 Fran Burns, (215) 814-3245
Oil Program/FRP Coordinator Chief, Removal Enforcement & Oil Section
Frank Cosgrove, (215) 814-3284 Michael Welsh, P.E., (215) 814-3285
SPCC Inspector OSC, SPCC/FRP Inspector
EduardoRovira,(215)814-3436 Patricia Fleming, (215) 814-2816
SPCC/FRP Inspector SPCC/FRP Inspector
Frank Howard, (215) 814-3162 Sarah Caspar, (215) 814-3283
SPCC/FRP Inspector SPCC/FRP Inspector
Paula Curtin, (304) 234-0256 Glen Robinson, (304) 234:0253
Oil Spills Enforcement Specialist . SPCC Inspector
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SEPA
Oil Spill
Program
Need More Information?
Website Inquiries
EPA Oil Program: http://www.epa.gov/oilspill
SPCC Requirements & Oil Pollution Prevention Practices Outreach Guides
NCP Product Schedule
Current Periodicals and Publications
EPA Freshwater Spills Symposium
EPA Oil Program Update & EPA Oil Drop
E-mail: oilinfo@epamail.epa.gov
EPA Information and Hotlines
National Response Center (NRC)
NCP Product Schedule Information
For SPCC, FRF, & OFA Information
Region m Oil Information Line
(800) 424-8802
(202) 260-2342
(800)424-9346
(215)814-3452
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KEY POINTS OF PREVENTION REGULATION
The U.S. Environmental Protection Agency (EPA) Oil Pollution Prevention Regulation, Title
40, Code of Federal Regulations, Part 112 (40 CFR 112), addresses non-transportation-related
facilities. The main requirement of facilities subject to the regulation is the preparation and
implementation of a Plan to prevent any discharge of oil into waters of the United States. Such a Plan is
referred to as a Spill Prevention, Control, and Countermeasure (SPCC) plan.
The main thrust of the SPCC regulation is "prevention" of a discharge as opposed to "after-the-
fact" (or "reactive") cleanup measures commonly described in discharge contingency plans. The
regulation applies to any onshore or offshore facility engaged in drilling, producing, gathering, storing,
processing, refining, transferring, distributing, using, or consuming oil and oil products, providing that all
three of the following conditions are met:
The facility is non-transportation-related (see definition of "non-transportation" in
Frequently Asked Questions).
The aggregate aboveground storage capacity is greater than 1,320 gallons, with a de
minimus container capacity of 55 gallons, or the total underground .storage capacity is
greater than 42,000 gallons.*
Due to its location, oil discharged at the facility could reasonably be expected to reach
waters of the United States or adjoining shorelines.
Facilities that are subject to 40 CFR 112 must prepare and implement an SPCC plan in
accordance with guidelines outlined in the regulation. The persons actually responsible for preparing
and implementing the SPCC plan are owners or operators of facilities subject to regulation, including
persons in charge of departments, agencies, and instrumentalities of the Federal or state governments.
Completely buried tanks subject to all of the technical requirements of 40 CFR 280 and 281 do not count in
the calculation of the 42,000-gallon threshold.
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GENERAL REQUIREMENTS OF THE SPCC PLAN
There is no rigid format for an SPCC plan. The guidelines in 40 CFR 112 state that the SPCC
plan must be carefully thought out, prepared in accordance with 40 CFR 112 requirements and good
engineering practices, and approved by management at a level with the authority to commit the
resources necessary to implement the Plan. 40 CFR 112.7 requirements state that if the Plan does not
follow the sequence specified in 40 CFR 112.7, the Plan must be equivalent and acceptable to the
Regional Administrator and address all the requirements in 40 CFR 112.7. The Plan must also be
supplemented with a section cross-referencing the location of requirements listed in Section 112.7 with
the equivalent requirements in the Plan.
The SPCC plan should clearly address three areas:
Operating procedures to prevent the occurrence of oil discharges
Control measures to prevent a discharge from entering navigable waters
Counter-measures to contain, clean up, and mitigate the effects of an oil discharge that
impacts navigable water
DISCHARGE PREVENTION
An essential element of an SPCC plan is a description of measures designed to prevent
operational error and equipment failure, which cause most discharges. Operational errors can be
minimized through training programs to maintain a high level of personnel efficiency and awareness of
the importance of discharge prevention. Equipment failures can be minimized through proper initial
selection and construction of processing and storage vessels and pipelines. Regular maintenance of
structural integrity and function and frequent inspections (visual and mechanical) to detect leaks around
container seams, gaskets, rivets and bolts, flange joints, expansion joints, valves, catch pans, and so
forth should be conducted.
While personnel training and equipment maintenance programs are based on industry standards
and sound engineering practices, the full support of management is essential to develop and implement
effective facility-specific programs for training and maintenance.
DISCHARGE CONTROL
Another important element of the SPCC plan is discharge control. EPA Region III is generally
concerned with prevention of discharges from facilities where positive containment devices and systems
are practicable and effective. Dikes, retaining walls, curbing, discharge diversion ponds, sumps, etc.,
fall into the category of positive containment. Only where it is not practicable to provide positive
containment does the facility have the option of taking the "contingency" plan approach to discharge
control. In such a case, the facility owner/operator must clearly demonstrate the impracticability of
providing positive containment.
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"Impracticability" pertains mainly to those cases where severe space limitations may preclude
installation of structures or equipment to prevent oil from reaching water. If the installation of structures
or equipment listed in 40 CFR 112.7(c) and (h)(l) is not practicable as determined by the facility
owner/operator, the SPCC plan must provide a clear explanation why such measures are not
practicable. For bulk storage containers, the facility owner/operator must conduct both periodic
integrity testing of the containers and periodic integrity and leak testing of the valves and piping.
. If the facility owner/operator has not submitted a response plan under 40 CFR 112.20, the
SPCC plan must provide an oil spill contingency plan following the provisions of 40 CFR 109 (see
Appendix C) and a written commitment of personnel, equipment, and materials required to
expeditiously control and remove any harmful quantity of oil discharged.
DISCHARGE COUNTERMEASURES
Contingency plans are considered "reactive" in nature in that they generally describe after-the-
fact actions (discharge countermeasures) that when properly performed can be expected to mitigate the
effects of a discharge after it occurs. The aim of the SPCC regulation is to keep discharges from
occurring; therefore, discharge prevention and control measures must be given first priority
consideration in the preparation of the SPCC plan.
AMENDMENTS TO THE SPCC PLAN
Once an SPCC plan has been developed, it may be amended by the U.S. EPA Regional
Administrator under certain circumstances or by the facility owner or operator. The Regional
Administrator may require amendments to the Plan following a single discharge at the facility in excess
of 1,000 gallons, or following two discharges of more than 42 gallons that occur within any 12-month
period and are reportable under the Federal Water Pollution Control Act.
The SPCC regulation requires the owner or operator to amend the Plan whenever there is a
change in facility design, construction, operation, or maintenance that materially affects the facility's
potential for discharging oil. Such amendments must'be fully implemented as soon as possible, but not
later than 6 months after the change occurs. The regulation also requires the owner or operator to
review and evaluate the SPCC plan every .5 years, and amending the Plan maybe part of this review.
Within 6 months following the review, the owner or operator may amend the Plan to incorporate more
effective control and prevention technology if the technology will significantly reduce the likelihood of a
release and the technology has been field proven at the time of the review.
All technical amendments must be certified by a licensed Professional Engineer per 40 CFR
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ELEMENTS OF AN SPCC PLAN
While each SPCC plan is unique, there are certain elements that must be included almost
without exception to make the SPCC plan comply with the provisions of 40 CFR 112. These elements
include, but may not be limited to, the following:
1. Name of Facility - The name of the facility may be different from the name of the company that
the facility operates under. Include both names if they are different.
2. Type of Facility - Describe briefly the purpose of the facility and the type of activities
conducted there.
3. Date of Initial Operation - Provide the date that the facility began operation.
4. Location of the Facility - Provide either a description of the location or an address that can be
supported by area maps. Location and topographic maps should be included in the Plan as
they can be critical in determining the adverse consequences of an oil discharge. Sources for
such maps include the U.S. Geological Survey, state highway department, county highway
engineer, local land surveys, and city engineer. The mailing address of the facility may be
different from the physical address. Include both addresses if they are different.
5. Name and Address of Owner - The address of the owner may be the same as or different from
the facility location. Include both addresses if they are different.
6. Designated Person Responsible for Oil Discharge Prevention - Provide the name and title of the
person with overall responsibility for the facility's discharge prevention program. This person
should be thoroughly familiar with the SPCC regulation and with the facility's SPCC plan.
7. Maps and Diagrams - Provide maps and diagrams that will adequately describe the physical
layout of the facility.
8. Management Approval - Provide a statement about the facility's commitment to the Plan,
signed'by a person with the authority to commit management to implementation of the SPCC
plan.
9. Certification - A licensed Professional Engineer must review and certify the SPCC plan for it to
satisfy the requirements of 40 CFR 112.3(d). By means of this certification, the Professional
Engineer attests that he is familiar with the requirements of 40 CFR 112.3, that he or his agent
has visited and examined the facility, that the SPCC plan has been prepared in accordance with
good engineering practice, including consideration of applicable industry standards, and with the
requirements of 40 CFR 112.3, that procedures for required inspections and testing have been
established, and that the SPCC plan is adequate for the facility.
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Provide a statement of SPCC plan certification under the seal and signature of a licensed
Professional Engineer. The state of registration and the registration number of the Professional
Engineer must also be provided. The Professional Engineer is not required to be registered in
the state in which the facility is located.
The certification shall in no way relieve the facility owner/operator of his duty to prepare and
implement the SPCC plan in accordance with the requirements of 40 CFR 112.3.
10. Facility Analysis - Describe the facility operation and indicate the largest magnitude of discharge
possible,
11. Facility Inspection - Incorporate an up-to-date inspection report covering the facility in terms of
equipment, containment, operation, drainage,, security, etc., if available. An inspection report
would best serve more complex facilities and is not necessarily considered an element common
to all SPCC plans.
12. Review of the SPCC Plan - Provide documentation of plan reviews conducted by the owner or
operator. The facility owner or operator must review the SPCC plan at least once every 5
years. These reviews must be documented.
13. Amendmentslo the SPCC Plan - Make amendments to the completed Plan as required by the
SPCC regulation.
The complete SPCC plan, which must either follow the sequence outlined in the general
requirements in Section 112.7 Subparts A, B, and C based on specific.facility type, or cross reference
all of these requirements, must include a discussion of the facility's site-specific conformance with the
relevant guidelines in the regulation. A copy of the entire SPCC plan must be maintained at the facility if
the facility is normally attended at least 4 hours per day or at the nearest field office if the facility is not
so attended. The SPCC plan must be made available to the EPA Regional Administrator or to a duly
authorized representative for on-site review during normal working hours.
EPA no longer requires the SPCC plan to include a history of oil discharges, although having this
information in the plan would be helpful. If the owner/operator of a facility opts to include a history of
oil discharges, the following information should be included:
1. Type and amount of oil discharged
2. Location, date, and time of discharge(s)
3. Watercourse affected
4. Description of physical damage
5. Cost of damage
6. Cost of cleanup
7. Cause of discharge
8. Action taken to prevent recurrence
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SPCC PLAN GUIDELINES
Several industrial trade associations have developed suggested guidelines for use by their
members in preparing SPCC plans. Generally, such guidelines are available for particular types of
facilities and may be very helpful. For example, the American Petroleum Institute has prepared a
bulletin entitled "Suggested Procedure for Development of Spill Prevention Control and
Countermeasure Plans" (API Bulletin D 16). This bulletin, designed primarily for oil production
facilities, may be used in addition to the regulations and other guidance documents to develop an SPCC
plan. Care should be taken, however, to not rely completely on any standardized format. Each SPCC
plan must be unique to the facility. Development of a unique Plan requires detailed knowledge of the
facility and of the potential impact that a discharge may have.
An example SPCC plan for a modest-sized oil storage facility is included as Appendix A.
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FREQUENTLY ASKED QUESTIONS
What is the U.S. Environmental Protection Agency's Oil Pollution Prevention Regulation?
It is a regulation that tries to prevent a discharge of oil into or upon the navigable waters of the
United States by establishing certain requirements for owners or operators of facilities that drill,
produce, gather, store, process, refine, transfer, or consume oil. The text of the regulation is
found in 40 CFR 112.
What does the regulation require a facility to do?
The regulation requires that all subject facilities have a fully prepared and implemented SPCC
plan. Facilities in existence at the time the regulation went into effect in 1974 were required to
have a Plan prepared within 6 months of the effective date of the regulation and to have
implemented the Plan within one year of the effective date of the regulation. Facilities that came
into existence between August 16,2002 and February 18, 2005, must prepare an SPCC plan
before February 18,2005, and fully implement the Plan as soon as possible but not later than
February 18,2005. Facilities that become operational after February 18,2005 must prepare
and implement an SPCC plan before they commence operations.
What constitutes an SPCC Plan?
An SPCC plan is a detailed, site-specific written description of how a facility's operation
complies with the guidelines in the regulation in accordance with general requirements in 40
CFR Subpart A (112.7) and Subpart B and C based on specific facility type.
Who is required to prepare an SPCC Plan?
The owner or operator of the facility subject to regulation is required to prepare a written
SPCC plan, which must be certified by a licensed Professional Engineer.
When did this regulation go into effect?
The regulation was promulgated on December 11,1973, and went into effect on January 10,
1974. The Final Rule became effective August 16,2002. An Interim Final Rule and a
Proposed Rule were published in the Federal Register on January 9,2003. The Interim Final
Rule grants a 60-day extension for the dates for a facility to amend and implement its SPCC
plan, or in the case of facilities becoming operational after August 16,2002, prepare and
implement an SPCC plan that complies with the newly amended requirements. The Interim
Final Rule was published to allow time for comments to be received on the Proposed Rule.
The Proposed Rule was made Final and published in the Federal Register on April 17,2003.
The Final Rule grants an 18-month extension for the dates for a facility to amend and implement
its SPCC plan.
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Does the Interim Final Rule and the Proposed Rule grant any relief for facilities that have not
submitted an SPCC Plan?
No. Any facility regulated under 40 CFR 112 that commenced operations prior to August 16,
2002, that was required to prepare and implement an SPCC plan but has failed to do so is not
granted any relief from the obligations by either the Interim Final Rule or the Final Rule.
Which facilities are subject to the regulation?
A facility is subject to the regulation if it is a non-transportation-related facility (either onshore
or offshore), if due to its location it could reasonably be expected to discharge oil into waters of
the United States if a discharge should occur, and if it has:
1. Total aboveground oil storage capacity in excess of 1,320 gallons with a de minimus
container capacity of 55 gallons; or
2. Total underground oil storage capacity in excess of 42,000 gallons, except for
completely buried tanks subject to all technical requirements of 40 CFR 280 and 281.
The facility must address all aboveground and underground storage capacities once the facility
becomes subject to 40 CFR 112. A facility may be exempt from the regulation if due to its
location it could not reasonably be expected to discharge oil into or upon the navigable water of
the United States. The exemption determination is based on consideration of such geographical
aspects of the facility as proximity to navigable water, land contour, drainage, or so forth. The
determination must exclude consideration of man-made features such as dikes, equipment, or
other structures that would inhibit a discharge from reaching navigable waters.
What is a non-transportation-related facility?
1. Onshore or offshore well drilling facilities
2. Onshore or offshore mobile well drilling platforms, barges, trucks or other mobile
facilities when in the fixed position for drilling operations
3. Onshore or offshore oil production facilities, fixed or mobile, including all equipment
and appurtenances such as wells, wellhead separators, and storage facilities
4. Oil refining facilities, including all equipment and appurtenances such as processing
units, storage units, piping, drainage systems, and waste treatment units
5. Oil storage facilities, including all equipment and appurtenances, such as bulk storage,
terminal oil storage, consumer storage, pumps, and drainage systems
6. Industrial facilities which store oil
7. Commercial facilities which store oil
8. Agricultural facilities which store oil
9. Public facilities which store oil
10. Waste treatment facilities which treat 'oil or oil/water mixtures, including in-plant
pipelines, effluent discharge lines, and storage containers.
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What is a transportation-related facility?
1. Onshore and offshore terminal facilities, including transfer hoses, loading arms, and
other equipment and appurtenances used for the purpose of handling or transferring oil
in bulk (including oily ballast or container washings) to or from a vessel
2. Interstate and intrastate, onshore and offshore, pipeline systems
3. Highway vehicles and railcars used for the transport of oil interstate or intrastate
commerce.
Can a facility be both transportation- and non-transportation related?
Yes. Part of a facility's operation may be transportation-related and part may be non-
transportation-related. Those parts that are non-transportation related are subject to the SPCC
regulation.
What determines the reasonability of a discharge to navigable waters?
Reasonablility is determined on the basis of the location of the facility in relation to a stream,
ditch, or storm sewer; the volume of material likely to be discharged; drainage patterns; soil
conditions; and so forth. The presence of manmade structures that would inhibit the flow of oil
is not considered when making the determination.
Is a facility still subject to the regulation if it is located in such a manner that any discharge
that may occur would not be expected to discharge into the waters of the United States?
No. However, the determination of exemption should be made very carefully. If any oil could
reach a sewer line, drainage ditch, etc., that discharges into navigable waters, either directly or
' indirectly, then the facility is subject to the regulation.
Who determines whether or not a facility would reasonably be expected to discharge oil into
navigable waters?
The facility owner or operator makes the determination.
What if the owner or operator decides the facility is exempt from the regulation and the
decision is wrong?
The facility could be subject to the penalty provisions of the regulation for failure to comply.
What are the requirements for certifying the Plan by a licensed Professional Engineer?
A licensed Professional Engineer must review and certify the SPCC plan for it to be effective to
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satisfy the requirements of 40 CFR 112.3(d). By means of this certification, the Professional
Engineer attests that he is familiar with the requirements of 40 CFR 112.3, that he or his agent
has visited and examined the facility, that the SPCC plan has been prepared in accordance with
good engineering practice, including consideration of applicable industry standards and with the
requirements of 40 CFR 112.3, that procedures for required inspections and testing have been
established; and that the SPCC plan is adequate for the facility.
A statement of SPCC plan certification must be provided under the seal and signature of a
licensed Professional Engineer. The state of registration and the registration number of the
Professional Engineer must also be provided. The Professional Engineer is not required to be
registered in the state in which the facility is located.
The certification shall in no way relieve the facility owner/operator of his duty to prepare and
implement the SPCC plan in accordance with the requirements of 40 CFR 112.3.
When the SPCC plan is completed and certified, is it sent to EPA for review?
No. A certified copy of the SPCC plan is required to be available at the facility for EPA on-
site review if the facility is attended at least 4 hours a day. If the facility is attended less than 4
hours a day, then the SPCC plan must be kept at the nearest company office. However, if the
facility has a single discharge of more than 1,000 gallons or two discharges of 42 gallons in any
12-month period, certain items of information as listed in 40 CFR 112.4(a) must be submitted
to EPA, and to the agencies in charge of oil pollution control activities in the State in which the
facility is located for review.
Who reviews the SPCC plan and how often is the SPCC plan reviewed?
The owner or operator is required to review the SPCC plan at least once every 5 years. Every
review must be documented.
Who can amend an SPCC plan?
The owner or operator of a facility may amend an SPCC plan to include updated information
and to reflect changes in procedure. In certain cases, the EPA Regional Administrator may
require the amendment of a facility's SPCC plan.
When must an SPCC plan be amended by the facility operator?
The regulation requires the owner or operator to amend the Plan within 6 months following a
review to incorporate more effective control and prevention technologies if the technology will
significantly reduce the likelihood of a release, and the technology has been field proven at the
time of review. The owner or operator must also amend the SPCC plan whenever there is a
change in the facility design, construction, operation or maintenance that materially affects the
facility's potential for discharge into navigable waters of the United States or adjoining
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shorelines, as described in 40 CFR 112.5. Such amendments must be fully implemented no
later than 6 months after the change occurs. Technical amendments must be certified by a
licensed Professional Engineer in accordance with Section 112.3(a) of the regulation..
When might an SPCC plan be amended by EPA?
The U.S. EPA Regional Administrator may amend the Plan following a single discharge at the
facility in excess of 1,000 gallons or following two discharges within any 12-month period that
are 42 gallons or more and are reportable under the Federal Water Pollution Control Act.
Within 60 days following such a discharge(s), the facility owner or operator must submit certain
information to the Regional Administrator and to the state agency in charge of water pollution
control activities. The owner or operator must also submit a description of the causes of the
discharge and the corrective action taken, and any additional information pertaining to the Plan
or discharge event.
After review of the information, the Regional Administrator may inform the facility owner or
operator that amendments to the Plan are necessary to prevent and contain any future
discharges from the facility. Within 30 days of notification of the Regional Administrator's
decision, the owner or operator may submit written information, views, and arguments on the
proposal. The Regional Administration will consider this new information and may either notify
the owner or operator of any amendments required or rescind the original notice. Any required
amendments must become part of the facility's SPCC plan within 30 days after notification and
must be implemented within 6 months after the amendments become part of the Plan, unless the
Regional Administrator specifies another date.
Amendments made in this manner must also be certified by a registered Professional Engineer in
accordance with Section 112.3 of the regulation.
When a production lease consists of several operations, such as wells, oil/water separators,
collection systems, tank batteries, etc., does each operation require a separate SPCC plan?
No. One SPCC plan may include all operations within a single geographical area; however,
each operation must be addressed in the SPCC plan.
Is every loss of oil or oil product subject to a penalty?
A discharge is defined in the Federal Water Pollution Control Act as including but not limited to
any discharging, leaking, pumping, pouring, emitting, emptying, or dumping that enters the
waters of the U.S. or the adjoining shorelines in harmful quantities. If a discharge occurs
and enters the water, a penalty may be assessed.
Penalties are determined using the following factors:
Seriousness of violation
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Economic benefit to violator resulting from violation
Degree of culpability involved
Penalties for same incident from other agencies
Violation history
Efforts by the violator to minimize effects of discharge
Economic impact of the penalty on violator
Any other matters as justice may require
What is considered to be a harmful quantity?
A harmful quantity of oil is a discharge that results in a violation of applicable water quality
standards; causes a film or sheen upon the water or adjoining shorelines; discolors the water or
adjoining shorelines; or causes an emulsion or sludge to be deposited beneath the surface of the
water or upon adjoining shorelines.
What are considered navigable waters?
Navigable waters of the U.S. are defined in Section 502(7) of the Federal Water Pollution
Control Act (FWPCA), and include: . '
1. All navigable waters of the U.S., as defined in judicial decisions prior to the passage of
the 1972 amendments to the FWPCA, and the tributaries of such waters;
2. Interstate waters, including interstate wetlands;
3. Intrastate lakes, rivers, and stream 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
intrastate commerce.
What penalties are assessed for failure to comply with the regulation?
Title 33 of the United States Code, Section 1321 (33 USC 1321), Oil and hazardous
substance liability, contains Class I and Class II penalty information.
When should the National Response Center (800-424-8802, toll free) be called?
Any discharge of oil involving U.S. waters must be reported to the National Response Center
by the person in charge of the vessel, facility, or vehicle from which the discharge occurs.
Threats of discharges or releases should be reported. The procedures for such notification are
set forth in 33 CFR 153, 40 CFR 110, 40 CFR 112 and 40 CFR 300, the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP).
Does a state spill plan meet the requirements of a Federal SPCC plan?
Not necessarily. If the state spill plan is intended to be used as the Federal SPCC plan, it must
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meet or exceed all the requirements under 40 CFR Part 112. The state spill plan must express
clearly that it addresses both the state and Federal regulations. The state spill plan must also be
supplemented with a section cross-referencing the location of requirements listed in 40 CFR
112.7 and the equivalent requirements in the state spill plan.
What counts towards storage capacity?
Aboveground: Storage capacity includes the capacity of all containers such as containers,
tanks, portable containers, transformers, and containers with a de minimus capacity of 55
gallons. The capacity of any empty containers that may be used to store oil and are not
permanently taken out of service is also counted in the facility total storage capacity.
Underground: Storage capacity includes the capacity of all completely buried containers such
as containers, tanks, portable containers, transformers, and containers with a de minimus
capacity of 55 gallons. For purposes of determining whether a facility is regulated by having
greater than 42,000 gallons of completely buried storage capacity, completely buried tanks
subject to all the technical requirements of 40 CFR Parts 280 and 281 do not count when
calculating storage capacity.
Does the term "oil" include vegetable oil, transformer oil, and other non-petroleum-based oil?
Yes. "Oil" is defined in 40 CFR 112.2. as oil of any kind or in any form, including, but not
limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged
spoil. This definition has been interpreted to include vegetable oil, mineral oil, transformer oil,
and other oils. Subpart C of 40 CFR 112 presents specific requirements for facilities with
process or use non-petroleum-based oils.
Are transformers covered under the SPCC regulation?
Electrical transformers and similar equipment are covered by the SPCC regulation provided
that they contain sufficient quantities of oil,-and, due to location, can reasonably be expected to
discharge their oil into navigable waters or adjoining shorelines.
If the drainage from a facility discharges into a sewer system, is this facility required to have
an SPCC plan?
If the sewer is a storm sewer or combined sewer and the discharge could reasonably be
expected to reach navigable waters, a Plan would be required. If the flow from the sewer is
entirely treated in the facility's sewage treatment plant, then an engineering assessment should
be made by the owner or operator as to whether or not the treatment system could handle the
19
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maximum possible volume of oil without exceeding the permitted amount at the plant. If the
system could not handle the oil, then an SPCC plan would be required.
Are SPCC plans required for hazardous substances or hazardous wastes?
Only in.the event that the hazardous substances or hazardous wastes are mixed with oil.
If a container is taken out of service, what measures must a facility take in order to be
exempt from SPCC regulations?
Any container taken out of service must have all pipes and fittings sealed to be excluded from
facility storage capacity calculations. If, after the containers are taken out of service, the facility
storage capacity is below regulatory amounts, then the facility will be exempt from the SPCC
regulations.
Do the SPCC regulations spell out design requirements for diking, curbing, etc.?
The SPCC regulations require diked areas for storage containers to be sufficiently impervious
to contain any discharged oil. A bulk storage container installation should be constructed so
that a secondary means of containment is provided for the entire contents of the largest single
container plus sufficient freeboard to allow for precipitation. Containment curbs and pits are
sometimes used as secondary containment, but they may not always be appropriate.
Are double-walled containers and other alternative aboveground storage containers
satisfactory to meet the secondary containment requirements for SPCC?
Double-walled containers may provide adequate secondary containment; however, the valving
must be designed so that accidental release from the inner container (from such occurrences as
an inadvertent valve opening or a failure) are completely contained within the outer container.
The inner container should be an Underwriter's Laboratory-listed steel container, the outer wall
should be constructed in accordance with nationally accepted industry standards (e.g., those
codified by the American Petroleum Institute, the Steel Tank Institute, and American Concrete
Institute), the container should have an overfill alarm and an automatic flow restriction or flow
shut-off, and all product transfers should be constantly monitored.
Other "alternative aboveground storage containers," such as small containers with an attached
shop-fabricated containment dike, may be satisfactory in meeting the secondary containment
requirements for SPCC. If "alternative aboveground storage containers" are utilized, an SPCC
plan must still be prepared and certified by a registered Professional Engineer. If the engineer
does not certify that these containers will provide adequate secondary containment, other
containment systems must be implemented.
20
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Must each tank, drum, or other oil storage container have individual secondary containment?
Not necessarily. A single dike may be used for a group of containers. A dike for a tank
battery is required to contain the Volume of the largest single container within the battery plus
sufficient freeboard to allow for precipitation. The dike should be sufficiently impervious to
contain any discharged oil from the tank battery.
Should containers be inspected by the facility?
Yes. All aboveground containers should be subject to integrity testing on a regular schedule,
taking into account container design and using such techniques as hydrostatic testing, visual
inspection, or a system of non-destructive shell thickness testing. Container supports and
foundations should be included in these inspections.
Completely buried storage tanks represent a potential for undetected discharges. A new buried
installation should be protected from corrosion by coatings. Completely buried tanks should at
least be subject to regular leak testing.
What authorities do states have under SPCC regulation?
Section 311 of the Clean Water Act does not permit EPA to delegate the SPCC Program to
the states. States may perform SPCC inspections at the request of the EPA; however, the
overall review process of the inspection is the responsibility of the EPA. This review process is
handled within the Regional EPA office.
Where can I get additional information concerning SPCC regulations?
Call or write the SPCC Coordinator as follows:
Regina A- Starkey, SPCC Coordinator - 3HS32
U.S. Environmental Protection Agency Region III
1650 Arch Street
Philadelphia, PA 19103-2029
(215) 814-3292
or call:
The SPCC/FRP Information Line, (215) 814-3452
Should the SPCC Coordinator be unavailable to answer questions, please leave a message on
the voice mail system.
21
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22
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APPENDIX A
EXAMPLE SPCC PLAN
WITH AMENDMENT
23
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THIS PAGE INTENTIONALLY LEFT BLANK
24
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SAMPLE
SPILL, PREVENTION, CONTROL, AND COUNTERMEASURES PLAN
TEX'S BULK STORAGE TERMINAL
lOOEverspillRoad
Post Office Box 311 (K)
Oil City, US A 12345
Telephone: (123) 222-2222
SJ Oil Company
P.O. Box 00002
Crude City, USA 77777
CONTACT
Steve Doe, Manager
CERTIFICATION: I hereby certify that I have visited and examined the facility, and, being familiar with
the requirements of 40 CFR Part 112,1 attest that this SPCC Plan has been prepared in accordance with
good engineering practices, including consideration of applicable industry standards, that the plan is
adequate for this facility, and in accordance with 40 CFR Part 112 requirements.
ENGINEER: MC Kenny
SIGNATURE: W£
REGISTRATION NUMBER: 98765 ( COMMONWEALTH OF
PENNSYLVANIA
STATE: Commonwealth of Pennsylvania \ No 98765
DATE: November 31,2002
SAMPLE
25
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The following sample Spill Prevention, Control, and Countermeasure (SPCC) Plan is only an example.
People drafting an SPCC Plan are obliged to follow the applicable regulations set forth at 40 CFR §§ .
112.3 through 112.15. Care should be taken to ensure that the SPCC Plan accuratelyreflects the
operations, equipment, and structures at the specific facility and the potential impact that any discharge
may have.
Introduction
Spill Prevention, Control, and Countermeasure plans for facilities are prepared and implemented as
required by U.S. Environmental Protection Agency (U.S. EPA) regulations contained in Title 40, Code of
Federal Regulations, Part 112 (40 CFR 112). A non-transportation related facility is subject to SPCC
regulations if: 1) due to its location, the facility could reasonably be expected to discharge oil into or upon
the navigable waters of the United States; 2) the total aboveground storage capacity exceeds 1,320
gallons (calculated total of containers with capacity of 55 gallons or more); or 3) the completely buried
storage capacity exceeds 42,000 gallons*.
The SPCC plan is not required to be filed with U.S. EPA, but a copy must be available for on-site review
by the Regional Administrator during normal working hours if the subject facility is attended at least
4 hours a day. The SPCC plan must be submitted to the U.S. EPA Region in Regional Administrator
and the state agency in charge of oil pollution control along with the other information specified in 40 CFR
112.4 if either of the following occurs:
1. The facility discharges more than 1,000 gallons of oil into or upon navigable water of the United
States or adjoining shorelines in a single event; or
2. The facility discharges more than 42 gallons of oil in each of two discharge events within any 12-
month period.
Discharge information must be reported to U.S. EPA Region ID and the state agency within 60 days if
either of the above thresholds is reached. The report is to contain the following information:
1. Name of facility,
2, Name(s) of the owner or operator of the facility;
3. Location of the facility;
4. Maximum storage or handling capacity of the facility and normal daily throughput;
5. Corrective actions and/or countermeasures taken, including a description of equipment repairs
and/or replacements;
6. An adequate description of the facility, including maps, flow diagrams, topographical maps as
necessary, and diagrams which show the location of exempted tanks;
7. The cause of the discharge, including a failure analysis of the system or subsystem that failed;
8. Additional preventative measures taken or contemplated to minimize the possibility of recurrence;
and
9. Such other information the Regional Administrator may require pertinent to the Plan or discharge.
* Completely buried tanks subject to all of the technical requirements of 40 CFR Parts 280 and 281
do not count in the calculation of the 42,000-gallori threshold.
SAMPLE
26
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The SPCC plan shall be amended within 6 months whenever there is a change in facility design,
construction, operation, or maintenance that materially affects the facility's discharge potential. The plan
must be reviewed once every 5 years and amended to include more effective prevention and control
technology, if such technology will significantly reduce the likelihood of a discharge event and has been
proven in the field. All technical amendments must be certified by a registered professional engineer.
Owners and operators failing or refusing to comply with these federal regulations are liable to a Class I
civil penalty of $10,000 per violation (up to a maximum assessment of $25,000) or a Class n penalty of up
to $10,000 per day of violation (up to a maximum assessment of $125,000) plus a 10% increase assessed.
cap for Class I and Class II penalties.
If the owners and operators of a facility required to prepare an SPCC plan are not required to submit a
facility response plan, the SPCC plan should include a signed certification form, Attachment A, contained
in Appendix C to 40 CFR 112.
SAMPLE
27
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40 CFR 112, Subpart A - General Requirements for AH Facilities and All Types of Oils
SPCC PLAN REVIEW - 40 CFR 112.5(b)
The owner or operator must complete a review and evaluation of the SPCC plan at least once every 5
years. Evidence of these reviews shall be recorded in the plan.
Signature Date
Steve Doe 6/10/77
Steve Doe 6/03/80
Steve Doe 6/01/83
Steve Doe 5/21/86
Steve Doe 5/15/89
Steve Doe 5/13/92
Steve Doe 5/11/95
Steve Doe 5/11/98.
*Steve Doe . 8/01/99
Steve Doe 8/01/02
** Steve Doe 8/01/07
* Amended to reflect installation of tank number 7(10,000-gallon tank of diesel fuel).
** Next review and evaluation of the plan in 5 years unless amendment comes first.
MANAGEMENT APPROVAL - 40 CFR 112.7
This SPCC plan is fully approved by the management of Tex's Bulk Storage Terminal and has been
implemented as described.
' . 8/01/02
Steve Doe - Facility Manager Date
SAMPLE
28
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PAST DISCHARGE HISTORY - (40 CFR 112.7 (a) - required under previous rule)
Written Description of
Discharge
On 5/17/83, the oil/water
separator malfunctioned,
allowing 3 to 5 gallons of oil
to enter Carol Creek.
On 11/7/91, tank 3 was
overfilled during refilling after
the visual level gauge failed.
Approximately 300 gallons
was discharged.
Corrective Actions Taken
A boom was placed on Carol
Creek immediately after the
malfunction was discovered.
No. 2 fuel discharged within
secondary containment was
cleaned up using absorbent.
Contaminated soil was
removed.
Plan for Preventing
Recurrence
The oil/water separator was
repaired. Inspection and
maintenance of the separator
were improved to minimize
the chances of future
recurrence. '
High-level alarms were
installed on all aboveground
tanks in addition to the
100,000-gallon tanks. The
level indicators and alarms
are regularly tested to ensure
proper operation.
SAMPLE
29
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FACILITY INFORMATION
Facility Name: Tex's Bulk Storage Terminal
Street Address: lOOEverspill Road Mailing Address: P.O. Box 311(K)
Oil City, VA 12345 Oil City, VA 12345
Telephone: (123) 222-2222
Owner: SJ Oil Company Contact: Steve Doe, Facility Manager
P.O. Box 00002 . 505 Oil Road
Crude City, VA 77777 Oil City, VA 12345
Telephone: (123) 222-3333 Telephone: (123) 222-4444
Other Personnel: Secretary-Bookkeeper Transport Driver
Dispatcher Delivery Personnel (3)
Location: The facility is located in Clean County, Virginia, approximately 250 feet west of Carol Creek,
The facility is bordered to the north by Everspill Road and to the west by Regina Highway. The facility
coordinates are 40° 00' 00" north latitude and 77° 00' 00" west longitude.
Facility Description: Tex's Bulk Storage Terminal handles, stores, and distributes petroleum products in
the form of motor gasoline, kerosene, and No. 2 fuel oil. Figure 1 shows the property boundaries and
adjacent highway drainage ditches, buildings on site, and oil-handling facilities.
Fixed Storage:
ASTs:
(2) 100,000- gallon vertical tanks (one premium gasoline and one regular gasoline)
(2) 20,000- gallon vertical tanks (No. 2 fuel oil)
(1) 20,000- gallon vertical tank (kerosene)
(1) 10,000- gallon vertical tank (diesel fuel oil)
Portable Storage: (1) 1,000- gallon abcveground horizontal tank (regular gasoline)
USTs:'
(5) 10,000- gallon underground storage tanks (diesel fuel)
Total Oil Storage: 271,000 gallons
In-Plant Treatment: A 3,000-gallon oil/water separator used to treat drainage is located in the north-east
comer of the facility. Separator effluent is discharged into Carol Creek under state and federal permits.
Vehicles: (1) Transport Truck
(4) Tankwagon Delivery Trucks
SAMPLE
30
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FIGURE 1
Layout of Tex's Bulk Storage Terminal
TEX'S BULK STORAGE TERMINAL
SJ OIL COMPANY
100 EVERSPDLL ROAD
OIL CITY, VA 12345
EVERSPILL ROAD
Oil/Water
Separator
© CD Q
t
LEGEND
EMERGENCY
SPILL EQUIPMENT
CONNECTING/TRANSFER PIPE
DDCE
1&2: 100,000-GALLONASTs
3,4 & 5: 20,000-GALLON ASTs
6: Five (5) 10,000-GALLON USTs (See Note)
7: 10,000-GALLON AST
8: 1,000-GALLON PORTABLE TANK
Note: The USTs are completely buried tanks subject
to all technical requirements of 40 CFR 280 and 281
\f)
'4
S
(NOT TO SCALE)
SAMPLE
31
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POTENTIAL DISCHARGE VOLUMES AND RATES - 40 CFR 112.7(b)
Potential Event
Complete failure of a
full tank
Partial failure of a full
tank
Tank overfill
Pipe failure
Leaking pipe or valve
packing
Tank truck leak or
failure
Hose leak during truck
loading
Pump rupture or failure
Oil/water separator
malfunction
Discharge Direction
East to Carol Creek
East or north to Carol
Creek or the oil/water
separator
North to the oil/water
separator
North or east to the
oil/water separator or
Carol Creek
North or east to the
oil/water separator
Northeast to the
oil/water separator
Northeast to the
oil/water separator
North to east to the
oil/water separator
East to Carol Creek
Volume Released
100,000 gallons
1 to 99,000 gallons
1 to many gallons
Up to 20,000 gallons
Several ounces to
several gallons
1 to 8,000 gallons
1 to several gallons
1 to several gallons
1 to several gallons
Discharge Rate
Instantaneous
Gradual to
instantaneous
Up to 1 gallon per
minute
4 gallons per second
Up to 1 gallon per
minute
Gradual to
instantaneous
Up to 1 gallon per
minute
Up to 1 gallon per
minute
Up to 1 gallon per
minute
CONTAINMENT AND DIVERSIONARY STRUCTURES - 40 CFR 112.7(c)
i Dikes are provided around tanks 1,2, 3, 4, 5, and 7, which store oil products.
ii The loading and unloading area for tanker trucks is curbed to provide secondary
containment.
iii Surface drainage at the facility is engineered so that oil discharged outside of diked or
curbed areas at the facility will drain into the oil/water separator.
iv Weirs, booms, or other barriers are available from the local cleanup contractor.
v Sorbent materials are provided in emergency discharge equipment lockers located
strategically through out the facility.
SAMPLE
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DEMONSTRATION OF PRACTICABILITY - 40 CFR 112.7(d)
Facility management has determined that use of the containment and diversionary structures or readily
available equipment to prevent discharged oil from reaching navigable water is practicable and effective
at this facility.
INSPECTIONS, TESTS, AND RECORDS - 40 CFR 112.7(e)
Daily visual inspections consist of a complete walkthrough of the facility property to check for tank
damage or leakage, stained or discolored soils, excessive accumulation of water in diked areas, and plant
effluent discharged from the oil/water separator. The inspections also ensure the dike drain valves are
securely closed.
The checklist provided in Attachment B is used during monthly inspections. These inspections are
performed in accordance with written procedures such as API standards and engineering specifications.
Written inspection procedures and monthly inspections are signed by the inspector and are maintained in
the office for 3 years.
PERSONNEL, TRAINING, AND DISCHARGE PREVENTION PROCEDURES - 40 CFR
112.7(1)
1. Facility personnel have been instructed by management in the operation and
maintenance of oil pollution prevention equipment and pollution control laws and
regulations.
2. The facility manager, Steve Doe, is accountable for oil discharge prevention at Tex's
Bulk Storage Terminal.
3. Yearly discharge prevention briefings are provided by management for operating
personnel to ensure adequate understanding of the SPCC plan. These briefings
highlight any past discharge events or failures and recently developed precautionary
measures. Training has been held on oil discharge prevention, containment, and
retrieval methods. A simulation of an on-site vehicular discharge has been conducted,
and future exercises shall be periodically held to prepare for possible discharge
response. Records of these briefings and discharge prevention training are kept on the
form shown in Attachment C. Instructions and phone numbers regarding the reporting
of a discharge to the National Response Center and the state are listed below and have
been publicized and posted in the office.
SAMPLE
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EMERGENCY TELEPHONE NUMBERS
A. Notification Procedures
1. Facility Manager, Steve Doe (123)222-3333
2. National Response Center (800) 424-8802
3. State Emergency Response Commission (123)555-2221
B. Clean-up Contractors
1. E-Z Clean Environmental (123)222-3038
2. O.K. Engineers, Inc. (123) 222-2207
C. Supplies and Equipment
1. Oil City Equipment Co. (123) 222-8372
2. Northwestern Sorbent Co. (123)222-9213
SECURITY - 40 CFR 112.7(g)
1. The facility is surrounded by steel security fencing and the entrance gates are locked
when the facility is unattended.
2. The master flow and drain valves are locked in the closed position when in
nonoperating or nonstandby status.
3. The electrical starter controls for the oil pumps are located in the office, which is
locked when the pumps are not in use.
4. The loading and unloading connections of oil pipelines are capped when not in service
or when in standby service for an extended time.
5. Two area lights are located in such a position so as to illuminate the office and storage
areas.
i. Consideration was given to discovering discharges at night.
ii. Lights may prevent discharges occurring through acts of vandalism.
TANK CAR AND TANK TRUCK LOADING/UNLOADING RACK - 40 CFR 112.7(h)
1. Curbing is installed at the vehicle loading/unloading rack and holds the single largest
compartment of any truck used at the facility.
SAMPLE
34
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2. Warning signs and chock blocks are provided at the loading/unloading rack to prevent
premature vehicular departure. .
3. The lower most drain and all outlets on tank trucks are inspected and tightened prior to
filling and disconnection of oil transfer lines, and prior to vehicle departures.
BRITTLE FRACTURE EVALUATION - 40 CFR 112.7(i)
If a field-constructed aboveground container undergoes a repair, alteration, reconstruction, or a
change in service that might affect the risk of a discharge or failure due to brittle fracture failure
or other catastrophe, the container will be evaluated for risk of discharge or failure due to brittle
fracture or other catastrophe, and corrective action will be taken as necessary.
CONFORMANCE TO APPLICABLE GUIDELINES - 40 CFR 112.7(j)
Communication with the State agency in charge of oil pollution control has indicated that the
requirements of 40 CFR 112 are in conformance with all State agency requirements and are the
most stringent rules, regulations, and guidelines. This SPCC plan was written in conformance
with the requirements of 40 CFR 112.
SAMPLE
35
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40 CFR 112, Subpart B - Requirements for Petroleum Oils and Non-Petroleum Oils, Except
Animal Fats and Oils and Greases, and Fish and Marine Mammal Oils; and Vegetable Oils
(Including Oils from Seeds, Nuts, Fruits and Kernels)
FACILITY DRAINAGE - 40 CFR 112.8(b)
1. Drainage from diked storage areas is restrained by valves to prevent a discharge or
other excessive leakage of oil into the facility's drainage system.
2. Gate valves are used to drain diked areas.
3. In the event of a discharge from a tank, the oil should be contained within a dike. If a
discharge occurs during transfer or in a manner that cannot be contained in a dike, the
material is in a drainage area, as indicated in Figure 1. Facility drainage from undiked
areas with the potential of receiving discharged oil terminates at the oil/water separator.
4. Facility drainage systems are adequately engineered to prevent oil from leaving the
facility. In the event of equipment failure, discharged oil terminates at the oil/water
separator. Facility drainage systems are adequately engineered to prevent a discharge
in the event of equipment failure or human error.
5. Drainage waters are treated continuously at the two-stage oil/water separator. The
separator equipment has two lift pumps. Pump #1 is a permanently installed pump.
BULK STORAGE CONTAINERS - 40 CFR 112.8(c)
1. Each aboveground container is of UL-142 construction and is compatible with the oils
they contain and conditions of storage.
2. All aboveground containers tanks have concrete dikes for secondary containment with
a volume that can hole the largest single container, plus adequate freeboard to contain
precipitation. The containment volume is adequate .to hold a 24-hour, 25-year storm
event.
3. Drainage of rainwater from diked area, bypassing treatment, is accomplished if:
i. The bypass valve is normally sealed closed.
ii. Runoff rainwater is inspected to ensure compliance with applicable water quality
standards and will not cause a harmful discharge.
iii. The bypass value is opened and resealed under supervision.
iv. Usual and customary business records are kept for drainage events. A sample
dike drainage record is attached (Attachment D).
SAMPLE
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4. The underground storage tanks are coated and cathodically protected to prevent an
undetected discharge. The buried tanks are also subject to regular leak testing.
5. There are no partially buried tanks at the facility and should be avoided in the future.
6. Aboveground containers are periodically tested using a system of visual inspection
combined with non-destructive shell thickness testing, including inspection of container
supports and foundations. Comparison records are maintained.
.7. There are non-internal heating coils at this facility.
8. Each container is equipped with a direct-reading level gauge. The 100,000-gallon
containers are equipped with high-level alarms. Venting capacity is suitable for the fill
and withdrawal rates.
9. Plant effluent discharged into Carol Creek is observed frequently to detect possible
upsets in the oil/water separator.
10. Oil leaks that result in a loss of oil from container seams, gaskets, rivets, and bolts are
promptly corrected.
11. The portable oil container and other mobile oil storage are located to prevent discharged
oil from reaching navigable water, provided with secondary containment, and located
where they are not subject to periodic flooding.
TRANSFER OPERATIONS, PUMPING, AND IN-PLANT PROCESSES - 40 CFR 112.8(d)
1. Buried piping is coated and cathodically protected as warranted to protect against
corrosion. If a section of buried line is exposed, it is carefully examined for
deterioration. If corrosion damage is found, additional examination and corrective
action will be taken as indicated by the magnitude of the damage.
2. Pipelines not in service or in standby for an extended period are capped or blank
flanged and marked as to their origin.
3. All pipe supports are properly designed to minimize abrasion and corrosion and to allow
for expansion and contraction.
4. All aboveground pipelines, valves, and appurtenances are examined monthly to assess
their condition. Also on a monthly basis, all flange joints, expansion joints, valve glands
and bodies, catch pans, pipeline supports, locking of valves, and metal surfaces are
inspected. Integrity and leak testing for piping is conducted as warranted by
modification, construction, relocation, or replacement.
5. Warning signs are posted as needed to prevent vehicles from damaging aboveground
pipelines.
SAMPLE
37
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SPILL PREVENTION, CONTROL, AND COUNTERMEASURES PLAN REQUIREMENTS
FOR ONSHORE OIL PRODUCTION FACILITIES - 40 CFR 112.9
This section is not applicable to this facility.
SPILL PREVENTION, CONTROL, AND COUNTERMEASURES PLAN REQUIREMENTS
FOR ONSHORE OIL DRILLING AND WORKOVER FACILITIES - 40 CFR 112.10
This section is not applicable to this facility.
SPELL PREVENTION, CONTROL, AND COUNTERMEASURES PLAN REQUDREMENTS
FOR OFFSHORE OIL DRILLING AND WORKOVER FACILITIES - 40 CFR 112.11
This section is not applicable to this facility.
40 CFR 112, SUBPART C - Requirements for Animal Fats and Oils and Greases, and Fish and
Marine Mammal Oils; and for Vegetable Oils, Including Oils from Seeds, Nuts, and Fruits and
Kernels
This section is not applicable to this facility.
40 CFR 112, SUBPART D - Response Requirements
This section is not applicable to this facility. A Certification of Substantial Harm Determination Form is
included as Attachment A.
SAMPLE
38
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CERTIFICATION OF SUBSTANTIAL HARM DETERMINATION FORM
Facility Name: Tex's Bulk Storage Terminal
Facility Address: IQOEverspillRoad
Oil City. VA 12345
1. Does the facility transfer oil over water to or from vessels and does the facility have a total oil storage capacity greater
than or equal to 42,000 gallons?
YES NO XX
2. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and does the facility lack
secondary containment that is sufficiently large to contain the capacity of the largest aboveground oil storage tank plus
sufficient freeboard to allow for precipitation within any aboveground storage tank area?
YES NO XX
3. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and is the facility located at a
distance (as calculated using the appropriate formula in Attachment C-ffl to this appendix or a comparable formula) such
that a discharge from the facility could cause injury to fish and wildlife and sensitive environments? For further description
of fish and wildlife and sensitive environments. See Appendices I, D, and HI to DOC/NOAA's "Guidance for Facility and
Vessel Response Plan" Fish and Wildlife and Sensitive Environments" (see Appendix E to this part, section 10, for
availability) and the applicable Area Contingency Plan.
YES NO XX
4. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and is the facility located at a
distance (as calculated using the appropriate formula in Attachment C-ffl to this appendix or a comparable formula) such
that a.discharge from the facility would shut down a pubb'c drinking water intake?
YES ' NO' ' XX.
5. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and has the facility experienced
a reportable oil discharge in an amount greater than or equal to 10,000 gallons within the last 5 years?
YES NO XX
CERTIFICATION .
1 certify under pensltj' of law that! have personally examined and am familiar with the information submitted in this document.
Based on my inquiry of those individuals responsible for obtaining this information, 1 believe that the submitted information is true,
accurate, and complete.
klxjM, JJM, , Facility Manager '
Signature . Title
Steve Doe July 1.1994
Name (please type or print) Date
If a comparable formula is used, documentation of the reliability and analytical soundness of the comparable formula must be attached
to this form.
For the purposes of 40 CFR 112, public drinking water intakes are analogous to public water systems as described at 40 CFR 143.2(c).
ATTACHMENT A
SAMPLE
39
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FACILITY INSPECTION CHECKLIST
Instructions: This inspection record will be completed every month. Place an X in the appropriate box for
each item. If any response requires elaboration, do so in the Descriptions and Comments space provided.
Further descriptions or comments should be attached on a separate sheet of paper if necessary.
Tank surfaces show signs of leakage
Tanks are damaged, rusted, or deteriorated
Bolts, rivets, or seams are damaged
Tank supports are deteriorated or bulked
Tank foundations have eroded or settled
Level gauges or alarms are inoperative
Vents are obstructed
Valve seals or gaskets are leaking
Pipelines or supports are damaged or
deteriorated
Buried pipelines are exposed
Loading/unloading area is damaged or
deteriorated
Connections are not capped or blank- flanged
O -... J«*-.r s*SNV«+Q«V4TViam+ 1C /^OTVtQOAH AT*
OCL*fllUClJ V W\Ji.l I******** WJJfc *«J MM**M*£2«*«* w-
stained
Dike drainage valves are open
Oil/water separator is functioning properly
Oil/water separator effluent has a sheen
Fencing, gates, or lighting is non-functional
Yes
No
Descriptions and Comments
t
Remarks:
Signature:
Date:
ATTACHMENT B
SAMPLE
40
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RECORD OF PERSONNEL DISCHARGE PREVENTION BRD3FINGS
In accordance with the requirements of 40 CFR 112.7(f), this record of discharge prevention briefings for
oil handling personnel will be completed at least once every year. The briefings must highlight and
describe known discharges or failures, malfunctioning components, and any recently developed
precautionary measures. Further descriptions or comments should be attached on a separate sheet of
paper if necessary. Each person who participated in the briefing is listed below with printed name,
signature, and the date of participation in the briefing.
Facility Name: Tex's Bulk Storage Terminal. Oil City. Virginia
Name (Printed) Signature Date
ATTACHMENT C
SAMPLE
41
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RECORD OF DIKE DRAINAGE
Instructions: This record will be completed when rainwater from diked areas is drained into a storm drain
or into an open water course, lake, or pond, and bypasses the in-plant treatment. The bypass valve
normally should be sealed closed and only opened and resealed following drainage under responsible
supervision.
Facility Name: Tex's Bulk Storage Terminal. Oil City. Virginia
Diked Area Date Presence of Oil Time Started Time Finished
Signature
ATTACHMENT D
SAMPLE
42
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APPENDIX B
DIKE DESIGNS
SAMPLE
43
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44
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SAMPLE DIKE HEIGHT CALCULATION
50,000
20,000
10,000
Calculations for this example:
a) Minimum containment volume (mcv) = capacity of largest tank in a tank installation, in this example
50,000 gallons. Mcv =50000x0.1337 cu. Ft/gal. = 6.685 cu. ft. '
* Factor in sufficient freeboard per local requirements.
b) Dike area (proposed) Length x Width .
c) Dike height (proposed)
d) Dike volume (dike area * dike height)
e) Displacement volume (tank area x tank height of dike wall)
* Volume of tank (cylinder) = Il^h
f) Effective secondary containment
dike volume - displacement volume = x
1) If x is greaterthan the mcv then secondary containment may be adequate, if sufficient
freeboard for precipitation is factored in.
2) If x is less than the mcv, adjust the dike area and dike height accordingly, then recalculate.
(NOT TO SCALE)
SAMPLE
45
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46
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COMMONLY USED CWA-OPA-SPCC ACRONYMS
ACP Area Contingency Plan
API American Petroleum Institute
AST Aboveground Storage Tank
CERCLA Comprehensive Environmental Response, Compensation and Liability Act of 1980
CFR Code of Federal Regulations
CWA Clean Water Act
DOJ Department of Justice
DOT U.S. Department of Transportation
EPA U.S. Environmental Protection Agency
ERNS Emergency Response Notification System
FRP Facility Response Plan
FWPCA Federal Water Pollution Control Act
LACP Inland Area Contingency Plan
MOU Memorandum of Understanding
NCP National Oil and Hazardous Substances Pollution Contingency Plan
NPDES National Pollutant Discharge Elimination System
NRC National Response Center
NRT National Response Team
OPA Oil Pollution Act of 1990
PE Professional Engineer
PREP National Preparedness For Response Exercise program
RA Regional Administrator
RCP Regional Contingency Plan
RCRA Resource Conservation & Recovery Act
RQ Reportable Quantity
SIC Standard industrial Classification (Code)
SPCC Spill Prevention, Control, and Countermeasure
USCG U.S. Coast Guard
UST Underground Storage Tank
WHPA Wellhead Protection Area
47
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COMMONLY USED CWA-OPA-SPCC ACRONYMS
IMPORTANT SPCC DEFINITIONS
48
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IMPORTANT SPCC DEFINITIONS
Adverse Weather means weather conditions that make it difficult for response personnel to clean up
or remove spilled oil and that must be considered when identifying response systems and equipment in a
response plan for the applicable operating environment. Factors to consider include significant wave
height as specified in Appendix E of 40 CFR 112 (as appropriate), ice conditions, temperatures,
weather-related visibility, and currents within the area in which the systems or equipment are intended
to function.
Alteration means any work on a container involving cutting, burning, welding, or heating operations
that changes the physical dimensions or configuration of the container.
Animal Fat means a non-petroleum oil, fat or grease of animal, fish, or marine mammal origin.
Applicable Water Quality Standards are water quality standards adopted by a state pursuant to
Section 303 of the FWPCA or promulgated by the EPA pursuant to that section.
Breakout tank means a container used to relieve surges in an oil pipeline system or to receive and
store oil transported by a pipeline for reinjection and continued transportation by pipeline.
Bulk storage container means any container used to store oil. These containers are used for purposes
including, but not limited to, the storage of oil prior to use, while being used, or prior to further
distribution in commerce. Oil-filled electrical operating or manufacturing equipment is not a bulk
storage container.
Bunkered tank means a container constructed or placed in the ground by cutting the earth and
covering the container in a manner that breaks the surrounding natural grade or that lies above grade
and is covered with earth, sand, gravel, asphalt, or other material. For the purposes of 40 CFR 112, a
bunkered tank is considered an aboveground storage container.
Completely buried tank means any container completely below grade and covered with earth, sand,
gravel, asphalt, or other material. Containers in vaults, bunkered tanks, or partially buried tanks are
considered aboveground storage containers. .
Complex means a facility possessing a combination of transportation-related and non-transportation-
related components that is subject to the jurisdiction of more than one Federal agency under Section
31lO)oftheCWA.
Contiguous zone means the zone established by the United States under Article 24 of the Convention
of the Territorial Sea and Contiguous Zone that is contiguous to the territorial sea and that extends nine
miles seaward from the outer limit of the territorial area.
49
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Contract or other approved means:
(1) A written contractual agreement with an oil spill removal organization that identifies and ensures the
availability of the necessary personnel and equipment within appropriate response times; and/or
(2) A written certification by the owner or operator that the necessary personnel and equipment
resources, owned or operated by the facility owner or operator, are available to respond to a discharge
within appropriate response times; and/or
(3) Active membership in a local or regional oil spill removal organization that has identified and ensures
adequate access through such membership to necessary personnel and equipment to respond to a
discharge within appropriate response times in the specified geographic area; and/or '
(4) Any other specific arrangement approved by the Regional Administrator upon request of the owner
or operator.
Discharge includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or
dumping of oil, but excludes discharges in compliance with a permit under section 402 of the CWA;
discharges resulting from circumstances identified, reviewed, and made a part of the public record with
respect to a permit issued or modified under section 402 of the CWA, and subject to a condition in
such permit; or continuous or anticipated intermittent discharges from a point source, identified in a
permit or permit application under section 402 of the CWA, that are caused by events occurring within
the scope of relevant operating or treatment systems. For purposes of this part, the term "discharge"
shall not include any discharge of oil that is authorized by a permit issued under Section 13 of the River
and Harbor Act of 1899 (33 U.S.C. 407).
Facility means any mobile or fixed, onshore or offshore building, structure, installation, equipment,
pipe, or pipeline (other than a vessel or a public vessel) used in oil well drilling operations, oil
production, oil refining, oil storage, oil gathering, oil processing, oil transfer, oil distribution, and waste
treatment, or in which oil is used, as described in 40 CFR 112 Appendix A. The boundaries of a
facility depend on several site-specific factors, including but not limited to the ownership or operation of
buildings, structures, and equipment on the same site and the types of activity at the site.
Fish and wildlife and sensitive environments means areas that may be identified by their legal
designation or by evaluations of Area Committees (for planning) or members of the Federal On-Scene
Coordinator's spill response structure (during responses). These areas may include wetlands, National
and State parks, critical habitats for endangered or threatened species, wilderness and natural resource
areas, marine sanctuaries and estuarine reserves, conservation areas, preserves, wildlife areas, wildlife
refuges, wild and scenic rivers, recreational areas, national forests, Federal and State lands that are
research national areas, heritage program areas, land trust areas, and historical and archaeological sites
and parks. These areas may also include unique habitats such as aquaculture sites and agricultural
surface water intakes, bird nesting areas, critical biological resource areas, designated migratory routes,
and designated seasonal habitats.
-------
Injury means a measurable adverse change, either long- or short-term, in the chemical or physical
quality or the viability of a natural resource resulting either directly or indirectly from exposure to a
discharge or exposure to a product of reactions resulting from a discharge.
Harmful Quantity is a quantity of oil which:
1. Violates applicable water quality standards; or
2. Causes a film or sheen upon or discoloration of the surface of the water of adjoining
shorelines; or
3. Causes a sludge or emulsion to be deposited beneath the surface of the water or upon
adjoining shorelines.
Discharges from properly operating vessel engines are exempted.
Maximum extent practicable means within the limitations used to determine oil spill planning
resources and response times for on-water recovery, shoreline protection, and cleanup for worst-case
discharges from onshore non-transportation-related facilities in adverse weather. It includes the
planned capability to respond to a worst-case discharge in adverse weather, as contained in a response
plan that meets the requirements in 40 CFR 112.20 or in a specific plan approved by the Regional
Administrator.
Navigable waters means the waters of the United States, including the territorial seas.
(1) The term includes:
(i) All waters that are currently used, were used in the past, or may be susceptible to
use in interstate or foreign commerce, including all waters subject to the ebb and flow of
the tide;
(ii) All interstate waters, including interstate wetlands;
(iii) All other waters such as intrastate lakes, rivers, streams (including intermittent
streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa
lakes, or natural ponds, the use, degradation, or destruction of which could affect
interstate or foreign commerce, including any such waters:
(A) That are or could be used by interstate or foreign travelers for recreational
or other purposes; or
(B) From which fish or shellfish are or could be taken and sold in interstate or
foreign commerce; or
(C) That are or could be used for industrial purposes by industries in interstate
commerce;
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(iv) All impoundments of waters otherwise defined as waters of the United States under
this section;
(v) Tributaries of waters identified in paragraphs (l)(i) through (iv) of this definition;
(vi) The territorial sea; and
(vii) Wetlands adjacent to waters (other than waters that are themselves wetlands)
identified in paragraph (1) of this definition.
(2) Waste treatment systems, including treatment ponds or lagoons designed to meet the
requirements of the CWA (other than cooling ponds which also meet the criteria of this
definition), are not waters of the United States. Navigable waters do not include prior
converted cropland. Notwithstanding the determination of an area's status as prior
converted cropland by any other Federal agency, for the purposes of the CWA, the
final authority regarding CWA jurisdiction remains with EPA.
Non-petroleum oil means oil of any kind that is not petroleum-based, including but not limited to fats,
oils, and greases of animal, fish, or marine mammal origin; and vegetable oils, including oils from seeds,
nuts, fruits, and kernels.
Offshore facility means any facility of any kind (other than a vessel or public vessel) located in, on, or
under any of the navigable waters of the United States, and any facility of any kind that is subject to the
jurisdiction of the United States and is located in, on, or under any other waters.
Oil means oil of any kind or in any form, including, but not limited to fats, oils, or greases of animal, fish,
or marine mammal origin; vegetable oils, including oils from seeds, nuts, fruits, or kernels; and, other oils
and greases, including petroleum, fuel oil, sludge, synthetic oils, mineral oils, oil refuse, or oil mixed with
wastes other than dredged spoil.
Oil spill removal organization means an entity that provides oil spill response resources and includes
any for-profit or not-for-profit contractor, cooperative, or in-house response resources that have been
established in a geographic area to provide required response resources.
Onshore facility means any facility of any kind located in, on, or under any land within the United
States, other than submerged lands.
Owner or operator means any person owning or operating an onshore facility or an offshore facility,
and in the case of any abandoned offshore facility, the person who owned or operated or maintained
the facility immediately prior to such abandonment.
Partially buried tank means a storage container that is partially inserted or constructed in the ground,
but not entirely below grade, and not completely covered with earth, sand, gravel, asphalt, or other
material. For the purposes of 40 CFR 112, a partially buried tank is considered an aboveground
storage container.
52
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Permanently closed means any container or facility for which:
1. All liquid and sludge has been removed from each container and connecting line; and
2. All connecting lines and piping have been disconnected from the container and blanked
off, all valves (except for ventilation valves) have been closed and locked, and
conspicuous signs have been posted on each container stating that it is a permanently
closed container and noting the date of closure.
Person includes an individual, firm, corporation, association, or partnership.
Petroleum oil means petroleum in any form, including but not limited to crude oil, fuel oil, mineral oil,
sludge, oil refuse, and refined products.
Production facility means all structures (including but not limited to wells, platforms, or storage
facilities), piping (including but not limited to flowlines or gathering lines), or equipment (including but
not limited to workover equipment, separation equipment, or auxiliary non-transportation-related
equipment) used in the production, extraction, recovery, lifting, stabilization, separation, or treating of
oil, or associated storage or measurement, and located in a single geographical oil or gas field operated
by a single operator.
Regional Administrator means the Regional Administrator of the U.S. Environmental Protection
Agency in and for the Region in which the facility is located.
Repair means any work necessary to maintain or restore a container to a condition suitable for safe
operation, other than that necessary for ordinary, day-to-day maintenance to maintain the functional
integrity of the container and that does not weaken the container.
Spill Prevention. Control, and Countermeasure Plan; SPCC Plan, or Plan means the document
required by 40 CFR 112.3 that details the equipment, workforce, procedures, and steps to prevent,
control, and provide adequate countermeasures to a discharge.
Storage capacity means the shell capacity of the container.
Transportation-related and non-transportation-related, as applied to an onshore or offshore
facility and defined in the Memorandum of Understanding between the Secretary of Transportation and
the Administrator of the U.S. Environmental Protection Agency, dated November 24,1971.
United States means the States, the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, Guam, American Samoa, the U.S. Virgin Islands,
and the Pacific Island Governments.
Vegetable oil means a non-petroleum oil or fat of vegetable origin, including but not limited to oils and
fats derived from plant seeds, nuts, fruits, and kernels.
Vessel means every description of watercraft or other artificial contrivance used, or capable of being
used, as a means of transportation on water, other than a public vessel.
53
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. Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency
of duration sufficient to support and that under normal circumstances do support a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include playa lakes,
swamps, marshes, bogs, and similar areas such as sloughs, prairie potholes, wet meadows, prairie river
overflows, mudflats, and natural ponds.
Worst-case discharge means the largest foreseeable discharge in adverse weather conditions for an
onshore non-transportation-related facility as determined using the worksheets in Appendix D of 40
CFR112.
Source: 40 CFR Part 112 (7-17-02)
54
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SPCC COURSE SLIDES
55
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56
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The Revised SPCC Rule
www.epa.gov/oilspill
jnda
I. Introduction and Capsule~History
Exxon Valdez Spill, Prince Wilham Sound, Alaska
Ashland Oil, Floreffe, Pennsylvania^
Revised SPCC Rule was published on jUfct, 2002
U. SPCC Regulations -
Requirements that industry needs to know^
m. What to expect during an inspection
IV. Compliance Mechanisms Used by EPA
V. Summary wrap-up and Q & A
a. Tri-fcld
b. SPCC Information Guide
VI. Closing remarks and submittal of evaluation sheet]
ExxorrValdez
Prince William SotHari, Alaska
Major Oil Spill - March 24,1989
Hull rupture released approximately 11,
gallons of crude oil.
The spill affected local wildlife and the local'
commercial fishing industry.
57
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iland Oil
Floreffe, P&Fuisylvania
Major Oil Spill - January 2,
4 million gallon AST collapsed and
3.8 million gallons of diesel fuel.
Approximately 750,000 gallons entered i
the Monongahela River.
The spill affected the water supplies of 70
communities across three states.
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History
Oil Pollution Prefreotion Regulation
Final Rule became effective Au
Scope of the rule expanded to include
expanded jurisdiction of the CWA
Now includes waters of the Contiguous
activities associated with the Outer Continenl
Shelf Act, or Deep Water Port Act
2002
History
Memorandum of Understanding (MOU)
Developed between the EPA & DOT
clarify the meanings of "Transportation^
and "Non-Transportation-Related" FacilitJ
Redelegated regulatory responsibility for cell
offshore facilities in and along the Great Laid
rivers, coastal wetlands, and the Gulf Coast.
Regulations
59
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The SPCC^Regulation
112.1
i Establishes procedures, me thodv^jd equipment
needed to prevent oil discharges into^uipon the
navigable waters of the U.S. or adjoinul
shorelines.
i Does not relieve the owner/operator from
compliance with other existing federal, state, 1
local laws.
I Concentrates on prevention, not response, to
discharges of oil in "harmful quantities."
i Complements existing laws, regulations, rules,
standards, policies, and procedures.
SPC(
)lies to:
112.1
i NON-transportation-relatedfacilitfesthat:
Due to their location, could reasonably bewujected to
discharge oil into or upon the navigable wal^fctlhe U.S. or
adjoining shorelines.
Have an aggregate aboveground storage capacity
gallons, excluding any container less than 55 galloi
Have a total underground storage capacity > 42,000
gallons".
UK rtjuUbm onn cqudly. aa be opanknil quality the idlity ma.
« ConpUWy buiol tu*i «*jea B ill be tectmial mujtancnn of 40 CPU
210 tn) a I do na ana when okutatiin UK 41000^itlon ttrahoU.
Regional/WfQinistrator (RA)
Authoit
RA may require SPCC Plan (or any>art thereoO for
facility subject to jurisdiction under C^ll(j):
Includes facilities otherwise exempt under 40
Provides for notice and appeal of such RA actioi
Possible uses of authority:
When necessary to achieve the purposes of the CWA
Based on environmental concerns not adequately addred
under other regulations, or due to other relevant
environmental factors
On a case-by-case basis
112.1(0
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Definitions
Alteration FaciKtj
Breakout tank Partially burlS
Bulk storage container Permanently closed
Bunkered tank Repair
Completely buried tank Storage capacity
112.2
SPCC-Rulemaking
What is Hapjieqing Now?
112.3
Interim Final Rule giving a 60-day extensrc^o deadlines was
published in the Federal Register on JanuaryH^J)3 (page
1348)
Final Rule giving an 18-month extension to deadlifl
published in the Federal Register on April 17, 2003 (j!
18890-18894)
Facilities regulated under 40 CFR 112 that became operafl
on or before August 16,2002, and that are required to pre
and implement an SPCC plan but have failed to do so do r
get relief from the deadlines set forth in the July 17,2002,
Final Rule.
uirements
Facilities operating on or before
are required to:
112J
, 2002,
i Maintain the Plan but must amend it oh or beii
August 17,2004.
i Fully implement the Plan as soon as possible but i
later than February 18,2005.
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Time Requirements
112.3
i Facilities that become operatiomftdfter August 16,
2002, through February 18,2005, arWquired to
prepare a Plan on or before February
and fully implement the Plan as soon as \
but not later than February IS, 2005.
i Facilities that become operational after Februl
18,2005, are required to prepare and implemen^
Plan before starting operations.
&.
What Has^Ghanged?
i Establishes a spill volume of 42 gaft^Jfor SPCC
reporting requirement).
I Allows deviations when equivalent protei
provided.
i Provides for a flexible plan format, with a en
reference showing that all regulatory requireirii
are met.
i Exempts containers with a storage capacity of
< 55 gallons of oil from all SPCC requirements.
What Ha^Qhanged?
i 40 CFR 112.2 clarifies the definitio^f"facility"
to include single storage containers onkces of
equipment
i 40 CFR 112.3(f) provides that the Regional
Administrator may authorize an extension of!
for the preparation and full implementation of a
Plan or any amendment to a Plan when the
owner/operator cannot fully comply with the
requirements.
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Certification
112J(d)
Professional Engineer (P.E.) musuxjw attest that:
The P.E. is familiar with the requiretflbit; of 112.3
The P.E. or tuVher agent has visited the
The Plan has been prepared in accordance
good engineering practice, including const:
of applicable industry standards, and with
40 CFR 112 requirements
Procedures for required inspections and testing
been established, and
The Plan is adequate for the facility.
Changed?
112J(e)
A copy of the SPCC plan must be m&qmined at the facility
if the facility is attended at least 4 hours p^ylay and when
an inspector requests a copy for the purpose!
an cm-site inspection.
If facility is not attended at least 4 hours per day, hal
Plan available at the nearest field office.
Have the Plan available to the Regional Administrator fol
on-site review during normal working hours.
112.4
Subrhittal of
^^ Information
When oil is discharged into or upon the nav^Hfewaters
of the U.S. or adjoining shorelines in amounts <
U.S. gallons in a single discharge or 42 gallons i
two discharges in any 12-month period, the
owner/operator must submit certain information to i
Regional Administrator within 60 days.
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littal of
InformatioMp EPA
112.4
i. Name of the facility
2. Name of the owner/operator
3. Location of the facility
4. Maximum storage or handling capacit
and normal daily throughput
littal Of
InformatioMp EPA
112.4
Corrective action and counter^asures,
including a description of equipr
repairs and replacements
An adequate description of the facilrf
including maps, flow diagrams, and
topographical maps, as necessary
littal of
toformatioMp EPA
112.4
The cause of the discharge, m^toding a
failure analysis of the system on
subsystem in which the failure ocd
Additional preventative measures i
contemplated to minimize the possibill
of recurrence; and
Other information the Regional
Administrator may require pertinent to th^
Plan or discharge.
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112.4
If the RA Proposes
mendments(s)
led via
The owner/operator will be n
certified mail and must:
Include the amendments) as part of
within 30 days, and
Implement the amendments) within 6 mi
112.5
Owner/Operatoi^Amendnnents
i A facility's SPCC plan must bearanded when
there is a "change" in facility design^onstruction,
operation, or maintenance that materi;
the facility's potential to discharge oil.
i An amendment must be prepared within 6
i The amendment(s) must be fully implemented!
soon as possible, but not later than 6 months
following preparation of the amendment
Changes:
1123
I Commission or decommission o
i Replacement, reconstruction, or
movement of tanks.
i Replacement, reconstruction, or installation
piping systems.
i Construction or demolition that might alter
secondary containment structures.
i Revision of standard operation or maintenance
procedures at a facility.
6£
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I The owner or operator must revie
SPCC plan every 5 years.
i Facilities in operation on or before August
2002, are required to review their SPCC Plaifl
every 5 years from the date the last Plan reviev
was required.
I Requirements
Alternative Format
Technical Waivers
Facility Diagram
Basic Requirements
Oil Containers
Prevention
Discharge/Drainage Controls
Countermeasures
Disposal
Emergency Phone List
Spill History no longer required
§112.7
J12.7(a)(2)
112.7
Requirements
Reporting Requirements '"N. §112.7(a)(4)
Prediction of Equipment FailureNfcl.l2.7(b)
Containment
(24-hour/25-year storm event)
Oil Contingency Plan § 112.
Impracticability Claim
Inspections, Tests, and Records § 112.7(e)
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Requirements
12:
Personnel Training
Security
Tank Car Loading/Unloading
Brittle Fracture Evaluation
Cross-reference Other Rules
§112.7(f)
.7(8)
0
-». 112.7
Preparation-otSPCC Plans
The SPCC plan must be prepared inching and in
accordance with the applicable requireme^of 40 CFR
112.7.
Plans that do not follow the sequence listed in 40 CFR^
Be acceptable to the Regional Administrator
Meet all the requirements listed in 40 CFR 112.7
Be supplemented with a cross-reference to 40 CFR 112.'
requirements
PreparalioFkof SPCC Plans:.
Deviation frorn>OLCFR 112.7
SPCC Plans may deviate from the requirements in 40 CFR
112.7 Sections (g), (h)(2), (hX3), and (i) an%ft£FR 112
Subparts B and C, with the exception of sea
containment requirements. Incases of deviations
requirements in these sections, the Plan must:
State the reasons for nonconformance
Describe in detail alternate methods
Identify how the facility will achieve equivalent enviri
protection
67
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Preparation^! SPCC Plans: "27
Alternate PlarkFormats
SPCC Plans that do not follow thfi^quence in
40 CFR 112.7 must also:
Include a facility diagram that shows 1
piping and the location and contents of all
including completely buried and exempted^
Describe the physical layout of the facility
Address the type of oil in each container and
its storage capacity
Preparation^ SPCC Plans: "27
Alternate Pfeaformats
SPCC Plans that do not follow the>
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Personnel,
Prevention Procec
3, and Discharge
112.7(1)
Requires owner/operator to:
Instruct oil handling personnel i
and maintenance of equipment to previ
discharges and applicable pollution pr
laws, rules and regulations
Designate a person who is accountable for
spill prevention and who reports to line
management
Schedule and conduct discharge prevention
briefings at least once a year to assure adequate
understanding of the SPCC Plan
purity
U2.7(g)
Fully fence each facility and lock/guard entrance gates
when not in production or unatti
Ensure that valves have adequate security^fiasures to
remain in closed position when in nonopcrai
nonstandby status
Lock pump starter control in the "ofl" position
access only to authorized personnel
Secure loading/unloading connections of oil pipeli;
facility piping when not in service or when in extendei
standby service
Provide facility lighting to assist in discovery of di
at night and prevent discharges through vandalism
jr/Truck Loading
Facility Tarn
and Unloading
I Use quick drainage system if drainage obssnot flow into a
catchment basin or treatment facility desigrraiUp handle
discharges
i Design any containment system to hold at least l
capacity of any single compartment of a tank car orl
loaded or unloaded
i Provide interlocked warning light or physical barrier syS
warning signs, wheel chocks, or vehicle brake interlock si
to prevent departure before complete disconnection of flex
fixed oil transfer lines
i Prior to filling and departure, closely inspect lowermost drai^
and all outlets of vehicles. Tighten, adjust, or replace as
necessary to prevent discharge while in transit
112.7(10
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Field-ConstruStectAboveground "2-7(i)
Containers: Brittle Racture Evaluation
Section 112.7(i) requires owier/opwator to evaluate
field-constructed aboveground cental
Undergoing repair, alteration, reconstruction,!
service that might affect the risk of discharge
to brittle fracture or other catastrophe, or
When there has been a discharge or failure due to
fracture or other catastrophe
Owner/operator must take appropriate action, if
necessary, to address evaluation findings
Sut
I Subpart B - Requirements for
Petroleum & Non-Petroleum
Oik
Onshore Facilities (excluding
production) §112.8
Onshore oil production
facilities 5112.9
Onshore oil drilling Bid
workover ficilities {112.10
Offshore oil drilling and
workover facilities §112. II
tsB&C
t C - Rcquinmoti for .
Aninbbli & OiU and Greases, and
Fish & MtWManmal Oils.4
Vciaabk Oil^a^wliq Oil> Bom
Seed>,Nuu, Fr>
Onshore FaciH
producDOo)§1ll
Onshore oil f
facilities §112.13
Onshore oil drilling ut
workover facilities § 11 \
m Offshort oil drilling,
facilities §112.15
luding production)
I Meet general requirements >^ § 112.8(a)
I Facility drainage
I Bulk storage containers
Integrity testing
I Facility transfer operations, pumping and faci
process § 112.80
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Bulk Storage^
iners - Onshore "2-8(c)
iay bypass in-plant
d position
Rainwater from diked
treatment if:
The bypass is normally kept in the c
The discharge is inspected prior to rel
The discharge does not violate applicable
standards
The valve is opened and resealed under proper
supervision
Proper records are kept The facility may use
required by NPDES permit regulations to record
rainwater bypass events in lieu of SPCC event
SPCC Requirements For
Onshore Oil Production Facilities
If you are the owner or operar&^f an
onshore production facility,;
(a) Meet the general requirements 1
listed under 40 CFR 112.7 and
Meet the specific discharge prevention anS
containment procedures listed under this
section.
112.9
Oil ProducticJrr-^acility Drainage
I I2.9(b)
t all times drains of
tits
i40
At tank batteries...close and se
dikes or drains of equivalent me
Inspect the retained rainwater to ensu
presence will not cause a discharge as descfl
CFR112.1(b)
Open the bypass valve and reseal it following d?.
under responsible supervision
Keep adequate records of drainage events
Remove accumulated oil on the rainwater and reh
storage or properly dispose of it
Inspect at regularly scheduled intervals field drainagjj
systems for any accumulation of oil that may have
resulted from any small discharges
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Juction Facility
Bulk Stor§9a.Containers
I12.9(c)
I) Do not use a container for storage o£oil unless its material and
construction are compatible with the material stored and the
conditions of storage
2) Provide all tank battery, separation, and treating!
installations with a secondary means of containn
entire capacity of the largest single container and sufl
freeboard to contain precipitation
i) Periodically and upon a regular schedule visually inspect^
container of oil for deterioration and maintenance needs,
including the foundation and support of each container thatl
or above the surface of the ground
Oil Production Facility
Bulk Storag^Gpritainers
m.9(c)
Engineer or update new and old tanh^jattery installations
in accordance with good engineering praclh&to prevent
discharges. You must provide the following:
L Adequate container capacity to assure that col
not overfill
u. Overflow equalizing lines between containers
ui. Vacuum protection adequate to prevent container c
iv. High level sens on... where the facility is subject to a
computer production control system
Facility Transfer Operations,
Oil ProductiorsFacility
112.9(d)
Periodically and upon a regular schedulc%uect all
aboveground valves and piping...e.g., pumpn^^ell polish rod
stuffing boxes, etc
Inspect saltwater (oil field brine) disposal facilities!
Have a program of flowline maintenance to prevent dn
from each flowline
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SPCC~Reguirements For
Onshore Oil Drilling ahtLWorkover Facilities
If you are the owner or operator of aium^hort drilling or
workover facility, you must:
Meet the general requirements under 4(J^SE H2.7 and
also meet the specific discharge prevention <
procedures listed under this section
i Position or locate mobile drilling or workover e!|
to prevent a discharge as described in 40 CFR 112. if
Provide catchment basins or diversion structures tdl
intercept and contain discharges of fuel, crude oil, or oil)
drilling fluids
Install a blowout prevention (BOP) and well control syst^
before drilling below any casing string or during workov
operations
112.10
Evaluation of the
Plan/Program
i Is your plan current and effective1
i Do your people know what to do wh?
spill occurs?
i Does the equipment work?
i Can your people use the equipment safely ^
and effectively?
i Do they know who to call for help?
Expect During an
ction
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EPA Information and Hotlines
National Response CShtej (NRC)
800-424-8802
NCP Product Schedule Informs!!
202-260-2342
For SPCC, FRP & OPA Information
800-424-9346
http://www.epa.gov/oilspill
oilinfo@epamail.epa.gov
Questions???
^Information Line
lion 3
r3452
Complia*ice Mechanisms
EPA
74
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Penalties are determined using the folra^jng factors:
Seriousness of violation
Economic benefit to violator resulting from violal
Degree of culpability involved
Penalties for same incident from other agencies
Violation history
Civil
ilties
Efforts by the violator to minirml^gffects. of
discharge
Economic impact of the penalty on
Any other matters as justice may require1
Class I Penalties
Class n Penalties
DOJ Referrals
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* WHAT TO EXPECT DURING AN SPCC INSPECTION
* ACKNOWLEDGMENT AND RECORD OF SPCC INSPECTION
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78
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WHAT TO EXPECT DURING AN SPCC INSPECTION
When an SPCC inspector visits your facility, a few things can make the inspection
proceed'more smoothly. The inspector will announce him/herself and ask for the person
responsible for the facility SPCC plan. The inspector should be directed to a person who
can present the inspector with the written SPCC plan and answer questions about the plan.
The inspection will start with the Inspection/Plan Review. Important information for the
completion of this form includes the facility address and phone number, owner or operator
address and phone if different, a company contact, and a brief synopsis of the facility
operations. The facility contact will be asked to sign the acknowledgment form, and a copy
will be given to him/her as a record of the inspection.
The inspection is an evaluation of the effectiveness of your written SPCC plan and
the application of that plan at your facility. The SPCC plan must have been reviewed and
certified by a licensed Professional Engineer (P.E.), and the inspector will want to see the
P.E.'s attestation, registration number, signature, and seal on the plan. The plan must also
contain documentation verifying that the Plan was reviewed every 5 years. In addition, the
inspector will want to verify if the Plan has been amended as required and that the technical
amendments were certified by a licensed P:E.
After reviewing the written plan, the inspector will conduct a site tour and ask
specific questions regarding the implementation of the facility Plan. Other information that
will be helpful include a site map, a list of containers and their storage capacity, and the
location of the nearest navigable waters, storm sewers etc. Any questions regarding the
inspection can be posed to the inspector/OSC in charge of the inspection.
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UNITED STATES ENVIRONMENTAL-PROTECTION AGENCY - REGION
1650 Arch Street (3HS32)
Philadelphia, Pennsylvania 19103-2029
ACKNOWLEDGMENT AND RECORD OF SPCC/FRP INSPECTION
SPCC CASE NUMBER:FRP REGIONAL ID#: DATE:.
TO: Regina A. Starkey, SPCC Coordinator (3HS32)
CC: Linda J. Ziegler, FRP Coordinator (3HS32) (only if FRP applicable)
Inspector's Printed'Name/Signal
Inspection Tearn Members/Sign
' ' . '" '. .,<'" '''' ' ' .'. ." . ..
; ' :._ .. -, ;'>.".;, ; :'' '.' ,_ ..- --' '.-
i,-;. : 'Name/Location of Facility:
"^'V/Addr'essV' '^.-""-: "''" " '
' citv: ". ; ; "
Facility Contact/Title:
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/ :Narrie ofbwner/bperator
[';!:.';1-';:AddreSs'^':'::/:/' -? """^ * ''
' s. '',.--'-.-'-'.''
-> Tefephone^NUmber: ' ..': .:*.
, -Synopsisjof business, operations:
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Countv: ' '''' '"'''. : State: '' ' "'-^ ''< vrZiD:-.^-;>f-:i'^ ?- ''-"'.
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'' ::v^|^^v^Si^^^^^^^
,. ' '..'. :'-';"«X2j;'?.;i'C-i:*% i'.'':'' ::'';^" r'H!fV-ii:J-v'>.^-'':~:?^.Mr-/;-^7:;:'y'5'::"S-^t;'fe^S5^
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. ; :;^ Vvi- /.^v:^;^p^^^; .>,
ance iowatennayfc'"'--^-^'.''^. vV':.v;^ :' .../''.':. . >'-'-:" . . ;'"'. '''- -'v^n^S^r'^'^^'^^ :':.
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Acknowledgement:1'
1 acknowledge that an SPCC/F
Facility Representative Printed NE
RP inspection of this facility was conducted on the day of - ft..' !20. ::::.
me/Sianature: / '.. y ; , :
NOTE: During this inspection, the owner/operator of the facility was asked to provide an extra copy of the SPCC Plan,
which will be submitted with this report to the SPCC Coordinator.
- An extra copy of the SPCC Plan was provided to the inspector (Y/N).
- If no, the owner/operator of the facility has been asked to send a copy of .the SPCC Plan, if available, via
certified mail, return receipt requested, within 14 days of the date of this inspection to the SPCC
Coordinator (mail code 3HS32) at the address on this letterhead (Y/N).
- A copy of the Office of Enforcement and Compliance Assurance information sheet was provided to the
facility (Y/N).
[Original of this page to SPCC coordinator, copy to facility representative]
81
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