United States
Environmental Protection Agency
The U.S. EPA's Oil Program Center Report
Special Edition
Contents
Revised SPCC Rule 1
SPCC Rule Major Revisions .... 2
U.S. EPA SPCC Contacts 3
Revised SPCC Rule Cross-
Reference 4
Revised SPCC Rule Facility
Sections 6
Revised SPCC Rule Frequently
Asked Questions 8
Region VIII Unnannounced
PREP Exercises 10
About The Update
The goal of the EPA Oil Program
Center Update is to provide straight-
forward information to keep EPA
Regional staff, other federal
agencies and departments,
industries and businesses, and the
regulated community current with the
latest developments. This is a
special edition providing details on
the Revised SPCC Rule.
Revised Spill Prevention Control
and Countermeasure (SPCC) Rule
Introduction
On July 17th, 2002, EPA issued a final
rule amending the Oil Pollution
Prevention regulation promulgated
under the authority of the Federal
Water Pollution Control Act (Clean
Water Act). This rule addresses
requirements for Spill Prevention
Control and Countermeasure Plans
(SPCC Plans) and some provisions
may also affect Facility Response
Plans (FRPs). EPA proposed revisions
to the SPCC rule on three occasions, in
1991, 1993, and 1997. The new SPCC
rule addresses these revisions and
became effective August 16, 2002.
The Spill Prevention, Control, and
Countermeasure (SPCC) rule can be
found in Title 40 of the Code of
Federal Regulations (CFR), Part 112
(Oil Pollution Prevention).
Background of the Oil Pollution
Prevention Regulation
The goal of the oil pollution
prevention regulation in 40 CFR Part
112 is to prevent oil discharges from
reaching navigable waters of the
United States or adjoining shorelines.
The rule was also written to ensure
effective responses to oil discharges.
The rule further specifies that
proactive, and not passive, measures
be used to respond to oil discharges.
The oil pollution regulation contains
two major types of requirements:
prevention requirements (SPCC rule)
and facility response plan (FRP)
requirements. The prevention
requirements in Sections 112.1
through 112.7 were first promulgated
in the 1973 SPCC regulation (now
sections 112.1-112.15). Required
under the rule is an SPCC Plan that
contains measures to prevent and
control oil spills, including those
resulting from human operational error
or equipment failures.
Reasons for Final Changes
The impetus behind the final changes
is manifold. First, the final changes
stem from the need to clarify the
language and organization of the rule.
The changes comply with the
Presidential order requiring that all
new rules or rule amendments be
drafted in plain language. The changes
reduce the information collection
burden on the regulated community.
The SPCC changes reduce the
regulatory burden by approximately
40 percent. The changes will eliminate
duplicate regulation, exempt certain
small facilities, exempt most
wastewater treatment facilities, and
require consideration of industry
standards in prevention plans. The
final rule also allows an owner or
operator to substitute a required
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August 2002
measure for another providing
equivalent environmental protection,
with the exception of secondary
containment requirements. The
number of facilities now regulated by
the SPCC rule has been reduced by
about 55,000 as a result of the
changes.
General Applicability
The SPCC rule applies to owners or
operators of facilities that drill,
produce, gather, store, use, process,
refine, transfer, distribute, or consume
oil and oil products. The changes to
the rule clarify applicability to owners
or operators that use oil. The changes
also allow for tracking the scope of the
rule to conform with the expanded
jurisdiction of the amended CWA. The
broadened range includes waters of the
contiguous zone and waters connected
with activity under the Outer
Continental Shelf Lands Act or
Deepwater Port Act, as well as waters
affecting certain natural resources of
the United States.
Highlights of Final Rule
Exempts completely buried
storage tanks subject to all of the
technical requirements of the UST
regulations (40 CFR Parts 280 or
281);
Exempts portions of certain
facilities or any facility used
exclusively for wastewater
treatment. This exemption does not
apply to production, recycling, or
recovery of oil;
Establishes a de minimis
container size of 55 gallons;
Establishes an aboveground
storage capacity threshold of
greater than 1,320 gallons and
removes the 660 gallon threshold;
Revises the trigger for
submitting information on spills at
SPCC regulated facilities to EPA.
Facilities are now required to
submit information after having 2
discharges (over 42 gallons) in any
12-month period or a single
discharge of more than 1,000
gallons.
Allows deviations from most
rule provisions (with the exception
of secondary containment
requirements) when equivalent
environmental protection is
provided;
Provides for a flexible plan
format, but requires a cross-
reference (see page four) showing
that all regulatory requirements are
met; and
Clarifies rule applicability to
the storage and operational use of
oil.
Facility Response Plan Considerations
The revisions to the SPCC rule may
affect whether you need to prepare and
maintain a Facility Response Plan
(FRP) or how you calculate worst case
discharge planning levels. In some
cases, your facility may not meet the
storage capacity thresholds for the
substantial harm criteria. In other
cases, you must have an FRP, but you
may be able to revise the calculations
for worst case discharge planning
levels. The definitions used in part
112.2 also clarify terms used in the
FRP rule. According to the new rule,
the regulation no longer applies to the
following:
Completely buried tanks that
are subject to all Underground
Storage Tank technical
requirements in 40 CFR parts 280
and 281;
Containers with a storage
capacity of less than 55 gallons;
and
Portions of certain facilities or
any facility used exclusively for
wastewater treatment.
SPCC Rule Major Revisions
Exemptions:
Completely buried tanks. The
rule exempts completely buried
tanks that are subject to all
technical requirements of the
Underground Storage Tank rules
(40 CFR part 280 or 281).
Minimum container size - 55
gallon containers. The rule
exempts a container of less than 55
gallons from its scope.
Wastewater treatment
facilities. The rule exempts any
facility or part thereof used
exclusively for wastewater
treatment and not for any part 112
requirement. This exemption does
not apply to the production,
recycling, or recovery of oil, which
are not considered wastewater
treatment.
Misc. exemptions -
Permanently closed tanks, Minerals
Management Service facilities.
Regulatory threshold. The
rule raises the threshold by
eliminating the 660 gallon/single
container criterion, creating a
greater than 1,320 gallon threshold.
SPCC Plan Preparation -
otherwise exempt facilities.
Regional Administrators may
require preparation of an SPCC
Plan for otherwise exempt facilities
on a case-by-case basis, where
necessary to carry out the purposes
of the Clean Water Act.
Alternative formats - SPCC
Plans. An owner or operator may
use an Integrated Contingency Plan
(ICP) or a State SPCC Plan or any
other format acceptable to the
Regional Administrator (RA) that
meets part 112 requirements. If the
specified sequence in the rule is not
followed, a cross reference must be
provided.
Five-year review;
documentation of review. We
change from 3 to 5 years the period
in which an owner or operator
U.S. EPA Oil Program Center Update
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August 2002
would be required to review the
SPCC Plan.
Business records. We allow,
but do not require, an owner or
operator to use "usual and
customary" business records
(including NPDES stormwater
bypass records) to satisfy
recordkeeping requirements.
"Should to shall to must." We
clarify that the rule's requirements
are mandatory. Technical waivers
are allowed for most provisions
(except secondary containment
requirements), provided the owner/
operator explains the reasons for
nonconformance in the Plan and
provides equivalent environmental
protection.
Professional Engineers (PEs).
The rule allows a professional
subordinate to conduct the site visit
in place of the PE, but the PE must
review the subordinate's work and
certify the Plan.
Additional Rule Changes
Brittle fracture evaluation is
required for field-constructed
aboveground containers
undergoing repair, alteration,
reconstruction or change in service
that might affect the risk of a
discharge, failure or other
catastrophe due to brittle fracture.
A brittle fracture evaluation is also
required when a discharge or
failure has already occurred due to
brittle fracture or other catastrophe.
Facility Response Plans. We
clarify that an owner or operator
may use the ICP format or any
other format acceptable to the RA.
EPA discharge Information.
We reduce the information required
to be submitted by facilities after
certain discharges, and raise the
regulatory trigger for this
submission.
Employee training. We limit
training requirements to oil-
handling employees. We specify
some subjects that must be
included. Discharge prevention
briefings for oil handling
employees are now required at least
once a year.
New format. We include new
sections for different types of
facilities (e.g., onshore facilities,
certain offshore facilities, etc.), and
new subparts for different types of
oils (petroleum and other oils,
animal fats and vegetable oils).
"Plain language" Both the
rule and preamble are written in
"plain English language."
U.S. EPA SPCC Contacts
If you have questions regarding the
SPCC Rule, please call or write the
contact in your area:
U.S. EPA Headquarters
Director, Oil Program (5203G)
401 M St., SW
Washington, D.C. 20460
(703)603-8760
SPCC/FRP Coordinator
c/o Emergency Response Section
U.S. EPA-Region I (HER)
1 Congress St., Suite 1100
Boston, MA 02114-2023
(617)918-1265
CT, ME, MA, NH, RI and VT
SPCC Coordinator
U.S. EPA-Region II
2890 Woodbridge Ave.
Building 209, MS211
Edison, NJ 08837-3679
(732)321-6654
NJ, NY, PR, and USVI
SPCC Coordinator
U.S. EPA-Region III
1650 Arch St. (3HS32)
Philadelphia, PA 19103-2029
(215)814-3292
DE, DC, MD, PA, VA, and WV
SPCC/FRP Coordinator
U.S. EPA-Region IV
61 ForsythSt.
Atanta, GA 30365-3415
(404)562-8768
AL, FL, GA, KY, MS, NC, SC, and
TN
Oil Program Section Chief
U.S. EPA - Region V (SE5J)
77 W. Jackson Blvd.
Chicago, IL 60604-3590
(312)353-8200
IL, IN, MI, MN, OH, and WI
SPCC/FRP Coordinator
U.S. EPA - Region VI (6SF-RP)
1445 Ross Ave.
Dallas, TX 75202-2733
(214)665-6489
AR, LA, NM, OK, and TX
Oil/SPCC Coordinator
U.S. EPA - Region VII (SUPRER+R)
901 North 5th St.
Kansas City, KS 66101
(913)551-7050
IA, KS, MO, and NE Alaska
Oil Program Coordinator
U.S. EPA - Region VIII (8EPR-SA)
999 18th St., Suite 500
Denver, CO 80202-2466
(303)312-6839
CO, MT, ND, SD, UT, and WY
Oil Team/SPCC Coordinator
U.S. EPA - Region IX (SFD1-4)
75 Hawthorne St.
San Francisco, CA 94105
(415)972-3075
AZ, CA, HI, NV, AS, GU, and trust
territories
SPCC/FRP Coordinator
U.S. EPA-Region X
1200 6th Ave. (ECL-116)
Seattle, WA 98101
(206)553-1671
AK, ID, OR, andWA
SPCC/FRP Coordinator
U.S. EPA - Alaska Operations Office
Federal Building/Room 537
222 West 7th Ave., #19
Anchorage, AK 99513-7588
(907)271-5083
U.S. EPA Oil Program Center Update
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August 2002
Revised SPCC Rule Cross-Reference
This table was prepared to assist you in the preparation of the cross-referencing of the requirements listed in the revised
SPCC rule and the equivalent requirements in your SPCC plan if it does not follow the newly reorganized sequence of
sections. It lists each requirement in the revised SPCC rule, provides the corresponding paragraph of the old SPCC rule,
provides a description of the requirement, and leaves a space where you can show the location (page number) of the
provision in your plan.
Revised Rule
§112.7
§112.7(a)
§112.7(b)
§112.7(c)
§112.7(d)
§112.7(e)
§112.7(f)
§112.7(g)
§112.7(h)
§112.7(1)
§112.70)
§112.8
§112.12
§112.8(a)
§112.12(a)
§112.8(b)
§112.12(b)
§112.8(c)
§112.12(c)
§112.8(d)
§112.12(d)
§112.9
§112.13
§112.9(a)
§112.13(a)
§112.9(b)
§112.13(b)
§112.9(c)
§112.13(c)
§112.9(d)
§112.13(d)
§112.10
§112.14
Old Rule
§112.7
§112.7
§112.7(b)
§112.7(c)
§112.7(d)
§112.7(e)(8)
§112.7(e)(10)
§112.7(e)(9)
§112.7(e)(4)
n/a
§112.7(e)
§112.7(e)(l)
n/a
§112.7(e)(l)
§112.7(e)(2)
§112.7(e)(3)
§112.7(e)(5)
n/a
§112.7(e)(5)(ii)
§112.7(e)(5)(iii)
§112.7(e)(5)(iv)
§112.7(e)(6)
Description of Rule
General requirements for SPCC Plans for all facilities and all
oil types.
General requirements; discussion of facility's conformance
with rule requirements; deviations from Plan requirements;
facility characteristics that must be described in the Plan; spill
reporting information in the Plan; emergency procedures.
Fault analysis.
Secondary containment.
Contingency planning.
Inspections, tests, and records.
Employee training and discharge prevention procedures.
Security (excluding oil production facilities).
Loading/unloading (excluding offshore facilities).
Brittle fracture evaluation requirements.
Conformance with State requirements.
Requirements for onshore facilities (excluding production
facilities).
General and specific requirements.
Facility drainage.
Bulk storage containers.
Facility transfer operations, pumping, and facility process.
Requirements for onshore production facilities.
General and specific requirements.
Oil production facility drainage.
Oil production facility bulk storage containers.
Facility transfer operations, oil production facility.
Requirements for onshore oil drilling and workover facilities.
Page
U.S. EPA Oil Program Center Update
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Revised Rule
§112.10(a)
§112.14(a)
§112.10(b)
§112.14(b)
§112.10(c)
§112.14(c)
§112.10(d)
§112.14(d)
§112.11
§112.15
§112.11(a)
§112.15(a)
§112.11(b)
§112.15(b)
§112.11(c)
§112.15(c)
§112.11(d)
§112.15(d)
§112.11(6)
§112.15(e)
§112.11(f)
§112.15(f)
§112. life)
§H2.15(g)
§112.11(h)
§112.15(h)
§112.11(1)
§112.15(1)
§112.11©
§112.15©
§112.11(k)
§112.15(k)
§112.11(1)
§112.15(1)
§112.11(m)
§112.15(m)
§112.11(n)
§112.15(n)
§112.11(0)
§112.15(0)
§112.11(p)
§112.15(p)
Old Rule
n/a
§112.7(e)(6)(i)
§112.7(e)(6)(ii)
§112.7(e)(6)(iii)
§112.7(e)(7)
n/a
§112.7(e)(7)(ii)
§112.7(e)(7)(iii)
§112.7(e)(7)(iv)
§112.7(e)(7)(v)
§112.7(e)(7)(vi)
§112.7(e)(7)(vii)
§112.7(e)(7)(viii)
§112.7(e)(7)(ix)
§112.7(e)(7)(x)
§112.7(e)(7)(xi)
§112.7(e)(7)(xiv)
§112.7(e)(7)(xv)
§112.7(e)(7)(xvi)
§112.7(e)(7)(xvii)
§112.7(e)(7)(xviii)
Description of Rule
General and specific requirements.
Mobile facilities.
Secondary containment - catchment basins or diversion
structures.
Blowout prevention (BOP).
Requirements for offshore oil drilling, production, or workover
facilities.
General and specific requirements.
Facility drainage.
Sump systems.
Discharge prevention systems for separators and treaters.
Atmospheric storage or surge containers; alarms.
Pressure containers; alarm systems.
Corrosion protection.
Pollution prevention system procedures.
Pollution prevention systems; testing and inspection.
Surface and subsurface well shut-in valves and devices.
Blowout prevention.
Manifolds.
Flowlines, pressure sensing devices.
Piping; corrosion protection.
Sub-marine piping; environmental stresses.
Inspections of sub-marine piping.
Page
U.S. EPA Oil Program Center Update
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August 2002
Revised SPCC Rule Facility Sections
If your facility is regulated under the SPCC/FRP rule, different sections of the rule will apply depending on the type of
facility you own or operate. You should read the text of the various sections to determine their applicability to your
operations. Use the following table as a guide to what facilities are generally covered in a particular section and subpart.
Subpart of Rule
Subpart A
Subpart B
Subpart C
Rule Section
112.1 though 112.7(f)
H2.7(g)
112.7(h)
112.7(1) through 112.70)
112.8
112.9
112.10
112.11
112.12
112.13
112.14
Type of Facility
All Facilities
Non-production facilities
Onshore facilities
All facilities
Onshore non-production
facilities
Onshore production
facilities
Onshore oil drilling and
workover facilities
Offshore oil drilling,
production, or workover
facilities
Onshore non-production
facilities
Onshore production
facilities
Onshore oil drilling and
workover facilities
Type of Oil
All types of oil
All types of oil
All types of oil
All types of oil
Petroleum and non-
petroleum oils, excluding
animal fats and vegetable
oils
Petroleum and non-
petroleum oils, excluding
animal fats and vegetable
oils
Petroleum and non-
petroleum oils, excluding
animal fats and vegetable
oils
Petroleum and non-
petroleum oils, excluding
animal fats and vegetable
oils
Animal fats, oils, and
greases; fish and marine
mammal oils; oils of
vegetable origin (including
oils from seeds, nuts, fruits,
and kernels)
Animal fats, oils, and
greases; fish and marine
mammal oils; oils of
vegetable origin (including
oils from seeds, nuts, fruits,
and kernels)
Animal fats, oils, and
greases; fish and marine
mammal oils; oils of
vegetable origin (including
oils from seeds, nuts, fruits,
and kernels)
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Subpart of Rule
Subpart D
Appendices
Rule Section
112.15
112.20(a-d)(f-h)
112.20(e)
112.21
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F all sections
(excluding Attachment C-l 1)
Appendix F, Attachment C-l 1
Type of Facility
Offshore oil drilling,
production, or workover
facilities
Facilities required to
submit a Facility
Response Plan
All Facilities
Facilities required to
submit a Facility
Response Plan
All facilities
Offshore facilities
All facilities
Facilities required to
submit a Facility
Response Plan
Facilities required to
submit a Facility
Response Plan
Facilities required to
submit a Facility
Response Plan
All facilities
Type of Oil
Animal fats, oils, and
greases; fish and marine
mammal oils; oils of
vegetable origin (including
oils from seeds, nuts, fruits,
and kernels)
All types of oils
All types of oil
All types of oil
All types of oil
All types of oil
All types of oil
All types of oil
Sections 1.2.5.6. 11. 12.
Ill
All types of oils
Sections 3. 4. 7: Petroleum
and non-petroleum oils,
excluding animal fats and
vegetable oils
Sections 8. 9. 10: Animal
fats, oils, and greases; fish
and marine mammal oils;
oils of vegetable origin
(including oils from seeds,
nuts, fruits, and kernels)
All types of oil
All types of oil
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August 2002
Revised SPCC Rule Frequently
Asked Questions
Question: Regarding the integrity
testing of 55 gallon drums, what other
testing techniques, aside from visual
inspection, must be used under the
revised SPCC code?
Answer: According to the first
column of page 47120 of the July 17,
2002 Preamble, EPA discusses the
method of testing needed for
containers. The language states that
"for certain smaller shop-built
containers in which internal corrosion
poses minimal risk of failure; which
are inspected at least monthly; and for
which all sides are visible (i.e., the
container has no contact with the
ground), visual inspection alone might
suffice, subject to good engineering
practice. In such case the owner or
operator must explain in the Plan why
visual integrity testing alone is
sufficient, and provide equivalent
environmental protection, 40 CFR
112.7(a)(2). However, containers
which are in contact with the ground
must be evaluated for integrity in
accordance with industry standards
and good engineering practice."
Question: Do facilities need to
consider containers that are less than
55 gallons?
Answer: No. The third column of
page 47066 of the July 17, 2002
Preamble states that "You need only
count containers of 55 gallons or
greater in the calculation of the
regulatory threshold. You need not
count containers like pints, quarts, and
small pails, which have a storage
capacity of LESS TF£AN 55 gallons."
Question: Can a containment wall be
constructed out of concrete blocks?
Answer: Yes. SPCC regulations do
not mandate design specifications,
rather, they are performance based.
Therefore, a containment wall may be
of any construction type, material, or
design, assuming it meets the
performance standards and require-
ments of Part 112. Regional offices
can help determine whether individual
containment equipment meets the
performance standards of Part 112.
Question: Do the revised SPCC
requirements apply to electrical
substations that have transformers
larger than 55 gallons and a total
storage of 1,320 gallons?
Answer: Yes. An owner/operator
must prepare an SPCC Plan if the
facility, due to its location could
reasonable be expected to discharge oil
into or upon a navigable water or
adjoining shorelines, is a non-
transportation related facility, and the
facility exceeds a threshold capacity.
For SPCC applicability, only
containers of 55 gallons or greater
need to be considered toward a
facility's oil storage capacity (67 FR
47042, 47066; July 17, 2002). The
5 5-gallon minimum capacity also
applies to oil-filled operating,
manufacturing, or electrical equip-
ment, such as transformers. Therefore,
when determining if a facility meets
the oil storage capacity threshold, an
owner or operator must only consider
oil-filled operating equipment that can
contain 55 gallons or more of oil (40
CFR§112.1(d)(2)(n)).
Question: Is a non-transporation-
related mobile fuel tanker with more
than 55 gallons locationed near a 55
gallon drum storage area considered a
facility?
Answer: Perhaps. "Facility" is
defined in Part 112 to mean "any
mobile or fixed, onshore or offshore
building, structure, installation,
equipment, pipe, or pipeline (other
than a vessel or 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 by
Appendix A to this part. The
boundaries of a facility depend on
several site-specific factors, including,
but not limited to, the ownership or
operation of building, structures, and
equipment on the same site and the
types of activity at the site" (§112.2).
An SPCC Plan applies to a facility, not
to individual oil containing structures;
there is no distinction between who
owns and operates the oil containing
structures at the facility. If it is
unclear as to whether or not the fuel
supplier's equipment is considered
part of a specific facility because it is
on your property, EPA Regions can
provide a site-specific interpretation or
guidance regarding the facility. You
should workout an agreement with the
equipment owner as to whom, if
anyone, must provide an SPCC plan.
Question: Is a sewer line considered
to be a container?
Answer: The SPCC rule does not
include a definition of container, but
the regulations do include a definition
for bulk storage container. EPA has
defined a bulk storage container to
"mean 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"
(§122.2). Certain wastewater
treatment facilities are not regulated
by the SPCC rule.
Question: What are the types of
containers or equipment containing oil
reservoirs that would be considered
field-constructed containers and thus
subject to the brittle fracture evalua-
tion of 40 CFR Part 112.7(i)?
Answer: As found in the Preamble
language provided on page 47112 of
the July 17, 2002 SPCC final rule,
EPA provides a clarification for the
term "field-constructed aboveground
container" as being one that is
assembled or reassembled outside the
factory at the location of its intended
8
U.S. EPA Oil Program Center Update
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August 2002
use. Whether a specific container
would fall into this category would be
a determination that must be made on
an individual basis.
Question: Would welding piping or
tank supports onto a factory fabricated
tank be considered an alteration?
Answer: As stated on page 47047 of
the preamble to the SPCC rule, "Any
work on a tank involving cutting,
burning, welding, or heating opera-
tions that changes the physical
dimensions or configuration of a tank.
This definition conforms with the API
653 definition of alteration."
Question: Can a company that has
recently been sold to another company
continue to operate under its existing
SPCC Plan?
Answer: Yes, if no change in
procedures has been made, it may still
be feasible to operate under the
existing SPCC Plan. The information
in the existing Plan must be changed
to reflect the new owner/company
names. Changes which are non-
technical changes do not require a PE
certification. Non-technical changes
are changes which do not require the
exercise of good engineering practice.
Question: Do generator/tank
combinations require secondary
containment for fuel transfers if both
are aboveground and the generator is
attached to the storage tank?
Answer: No. The level of secondary
containment varies as to whether the
transfer area is a loading rack or not.
Question: Under the new regulation,
is a PE required to review the SPCC
Plans at the end of a 5-year SPCC Plan
cycle if no changes have occurred at
the facilities?
Answer: No. It is the responsibility
of the owner or operator to document
the completion of a review and decide
whether changes have occurred that
would require a technical plan
amendment and therefore a PE
certification.
Question: Where can the Preamble to
the revised SPCC rule be found?
Answer: The Preamble discussion is
essentially everything leading up to
the actual regulatory text in the
Federal Register. In the case of the
July 17, 2002 Federal Register, that
would essentially be pages 47042 -
47139. The regulatory text of 40 CFR
Part 112 begins on page 47140. The
Preamble provides the rationale behind
the changes to the regulations and also
provides information on how the
regulations of 40 CFR Part 112 will be
enforced and implemented.
Question: What are the specifications
for bulk storage secondary contain-
ment systems?
Answer: For purposes of the SPCC
requirements, "secondary containment
for bulk storage facilities must be
constructed to at least provide for the
capacity of the largest single tank with
sufficient freeboard for precipitation.
EPA believes that the proper standard
of "sufficient freeboard" to contain
precipitation is that amount necessary
to contain a 25-year, 24-hour storm
event." While EPA believes that a 25-
year, 24-hour storm event is appropri-
ate for most facilities and protective of
the environment, it did not make it rule
standard because of the difficulty and
expense for some facilities of securing
recent information concerning such
storm events at this time. There are
several different types of secondary
containment measures that could be
used at a facility. EPA does not dictate
which method must be used, only that
it must meet at least the requirements
discussed above.
Question: When did the revised
SPCC rule become effective, and
where can it be found (i.e., via the
Internet)?
Answer: The revised SPCC regula-
tions became effective August 16,
2002. The final rule was issued on
July 17, 2002 (67 FR 47042 - 47152).
If you would like to download a copy
of the revised rule, it can be accessed
through the following URLs: http://
www.access.gpo.gov or http://
www.epa.gov/oilspill. The Preamble
language begins on page 47042 and
ends on page 47140. The new 40 CFR
Part 112 excerpt can be found on
pages 47140-47152.
Question: What is the effective date
for the revised SPCC regulations, and
when must owners/operators be in
compliance?
Answer: The revised SPCC regula-
tions were effective August 16, 2002.
Facilities operating prior to August 16,
2002 must maintain their SPCC Plans,
but must ensure the Plan's compliance
with the new rule on or before
February 17, 2003. The operator or
owner must in turn implement the
amended Plan no later than August 18,
2003. Facilities that began operations
sometime between August 16, 2002
and August 18, 2003 will have until
August 18, 2003 to implement the
amended Plan as well. Facilities that
begin operations after August 18, 2003
must prepare and implement a Plan in
accordance with the new regulations
before beginning operations.
Question: Does everyone with an
existing SPCC Plan have to amend it?
As the rule has relaxed to some extent,
most existing facilities who have
comprehensive SPCC Plans in
compliance with the previous rule may
have an existing Plan that is more
stringent than this revised rule. If their
Plan goes above and beyond all of the
revised requirements, do they have to
review the Plan by February 17, 2003?
Answer: Yes. It is possible that
perhaps a facility which was already
covered prior to August 16, 2002
would have a Plan which went above
and beyond and was in compliance
U.S. EPA Oil Program Center Update
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August 2002
with the new regulations. Although
many of the SPCC requirements
became more relaxed as a result of this
final rule, some requirements were
new requirements entirely. One
example of a new requirement might
be the facility diagram. At a
minimum, if an existing Plan does not
follow the revised regulatory sequence
found on page 47050 of the revised
rule, the Plan must be supplemented
with the revised sequence. A cross-
referencing table on that page can be
used to assist in matching up the
previous requirements and their
regulatory citations to the new
regulatory citations.
Question: When counting against the
1,320 aboveground storage capacity
threshold, would operational storage
of oil (such as in a hydraulic press) be
used?
Answer: Yes. Oil which is contained
in equipment is required to be factored
into the storage capacity for the
facility even though the oil may be
only used for ancillary purposes. If
the piece of equipment is not capable
of holding 55 gallons or more of oil
and is only capable of holding less
than 55 gallons of oil, that amount of
oil in that piece of equipment does not
have to counted toward the 1,320
gallon threshold by virtue of the de
minimis container size exemption
provided in the rule.
Question: What is "bulk storage?"
Answer: The bulk storage of oil is the
storage of oil within a container of any
size. Conversely, oil in oil-filled
electrical, operating, or manufacturing
equipment is not bulk storage of oil, it
is use of oil. See part 112.2 for the
definition of Bulk Storage Container.
Region VIII Unannounced PREP
Exercises
EPA Region VIII conducted several
unannounced exercises in July and
Rail Terminal in Montana
September 2002, following the
guidelines of the National Prepared-
ness for Response Exercise Program
(PREP). The PREP is a unified federal
effort which meets the exercise
requirements of the U.S. Coast Guard,
EPA, Research and Special Programs
Administration (RSPA) of the Office
of Pipeline Safety, and the Minerals
Management Service (MMS) of the
Department of the Interior for oil
pollution response. These exercises
were held at facilities which are
required to develop and maintain a
Facility Response Plan (FRP) under
the Oil Pollution Act (OPA). PREP
was developed to meet the intent of
section 4202 (a) of OPA for minimum
exercise requirements. Under this
program, EPA is authorized to
"periodically conduct drills of removal
capability, without prior notice...." for
facilities required to have a response
plan.
Unannounced exercises were limited
to a maximum of four exercises per
area per year in each area having a
distinct Area Contingency Plan and are
limited to approximately four hours in
duration. Under the new PREP
guidelines, government-initiated
unnannounced exercises are limited to
10% of the plan holders per Region
per year. Exercises would involve
response to an average most probable
discharge and equipment deployment
to respond to spill scenarios. All
Region VIII plan holders were sent
notifications of the upcoming drills.
The intent of the letter was to ensure
that there have been no operational
changes at these facilities which will
affect the small discharge scenario; to
determine which facilities in the area
had participated in an unannounced
exercise led by another federal agency;
and to increase response readiness
among the facilities not visited. Plan
holders who have participated in a
PREP government-initiated unan-
nounced exercise will not be required
to participate in another one for at
least 36 months from the date of the
exercise. One facility that was visited
in Provo, Utah, was no longer storing
oil, had permanently closed most of
their tanks, and therefore not FRP
regulated.
Facility Objectives
The objective of the drill is to ensure
that facilities are prepared to:
1. Conduct proper notifications to
10
U.S. EPA Oil Program Center Update
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August 2002
respond to an unannounced scenario of
an average most probable discharge
and to demonstrate that the response is
timely;
2. Conduct the drills with an adequate
amount of equipment for scenario in
accordance with 40 CFR 112.20
Appendix E, Section 3.O.; and
3. Activate the facility's Spill
Management Team (SMT) and Oil
Spill Removal Organization (OSRO).
The purpose of the unannounced
exercises is to evaluate the facility 's
response readiness during the initial
response. The facility should respond
to the scenario provided as though it
was an actual event. Although when
making notifications, the facility must
make clear that the incident is an
exercise.
When deploying equipment no
absorbent materials should be
deployed, however, for demonstration
purposes we would like it to be
brought to the area it would be used.
The facilities should be prepared to
use all other equipment as in the event
of an actual response.
Scope of Exercise
The drill is limited to a maximum of
four hours although the EPA represen-
tative has the authority to terminate the
drill at any time. The facility
personnel's familiarity with the FRP,
notification procedures and communi-
cation between the facility personnel
and other drill participants will be
evaluated and recorded. The EPA
representative will also record the
chronology of events including SMT
and OSRO arrival on scene, the
equipment deployment time, and the
arrival time of recovery equipment in
an exercise evaluation form. The
safety of all participants is the most
important consideration during the
drill. If at anytime it is considered
unsafe to continue with the exercise
the EPA representative will end the
drill.
Selected Facilities
EPA Region VIII selected oil storage
facilities at random from several
states: Utah, Montana, North Dakota,
and Wyoming. The scenarios involved
a small discharge (as described in the
FRP) of a particular product into the
closest waterway located in the
vicinity of the facility. The facilities
chosen were very diverse in that they
were located in separate operating
environments and stored a combina-
tion of any of the following: diesel,
gasoline, jet fuel, or various heavy
oils. A refinery, asphalt terminal, and a
mountain rail terminal were examples
of the selected facilities.
PREP Drilling at a Utah Refinery
U.S. EPA Oil Program Center Update
11
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Upon arrival of EPA representatives at
each location, time was taken to
discuss the scenario, objectives, and
scope of exercises. The drills began
after all questions were answered and
the drill requirements were under-
stood. The exercises lasted between 2
!/2 to 3 hours and the facilities met
most of the designated objectives.
Lessons Learned
Following each exercise the facility
personnel and EPA representatives
conducted a debriefing. Each exercise
provided lessons learned and was
viewed as an opportunity for
continuous improvement of the
response system.
Notifications: All facilities
made their notifications upon the
start of the exercise. One facility
located in a small town notified the
potentially affected businesses;
however, in notifying the local
responders, the town sheriff did not
want to deploy the volunteer fire
department unit just for an
exercise. Notifications and
response information for at least
one facility were not well
organized. At another facility,
deployment was delayed until key
personnel arrived because
responsibilities were not delegated.
Equipment: One facility had
equipment on-scene that they chose
to utilize during the exercise;
however, part of the equipment
included in the FRP, belonged to
the local fire department. Since
they were not on the scene, one of
the facility workers used his own
private boat to assist in the boom
deployment. The backup spill
trailer from a sister facility located
90 miles away had not arrived on
the scene to help deploy a cascade
system and the containment boom
that was initially deployed, sunk
due to the rivers' fast waters.
Thompson Falls Rail Facility
Another facility deployed their
absorbent booms instead of their
containment, skirted booms. This
facility's hard booms were not
immediately available.
Communication: One facility
had radios with which they
remained in constant communica-
tion throughout the duration of
exercise with all response teams;
however, one OSRO team did not
have direct communication with
incident commander, making it
difficult to interact with the rest of
the responders.
All of the facilities approached the
EPA representatives during the
exercises looking for feedback and
direction on how to proceed. It is
interesting to note that one of the
Qualified Individuals in one of the
facilities had been in his position for
just a year and was performing very
well. Another facility was proceeding
as if it was an actual event (as it is
supposed to be), monitoring the air for
fumes, performing environmental
assessment of the canal, measuring the
velocity of the waters, checking for
impacted wildlife, providing medical
check ups for the responders,
providing beverages, and even
bringing in porta-johns out on the
scene. At a second facility, the
planning section team was keeping a
list of "Par" times allocated after each
of the activities completed during the
exercise demonstrating efficient use of
personnel and good communication
with other teams.
Successful completion of the exercises
allows each facility to take credit for
meeting exercise requirements of the
regulation as described in the PREP
guidelines including the equipment
deployment and notification exercises.
The facilities will not be subject to
another government led unannounced
exercise for 36 months.
In fiscal year 2003, Region VIII
expects to increase the number of
unannounced exercises to 10 or 15 and
will be conducting some of these
during the winter months. For any
additional questions regarding the EPA
Region VIII Unannounced Exercises
please call Martha Wolf at (303) 312-
6839.
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United States
Environmental Protection Agency
OSWER
Office of Emergency and Remedial Re-
sponse
Oil Program Center 5203G
EPA 540-N-02-003
OSWER 9360.8-45
August 2002
Beatriz Oliveira, Editor,
Oil Program Center
703-603-1229
David Lopez, Director
Oil Program Center
703-603-8760
Ariel Rios Building
1200 Pennsylvania Avenue, NW
Mail Code 5203G
Washington, D.C. 20460
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