WHO NEEDS AN SPCC PLAN?
DO YOU ALSO NEED A FACILITY RESPONSE PLAN?
WHY DOES EPA REQUIRE A PLAN?
Due to the danger oil spills causes to public health and the environment, every effort must be made to prevent oil spills and to clean them up promptly once they occur. The purpose of the Spill Prevention, Control and Countermeasures (SPCC) rule is to help facilities prevent a discharge of oil into navigable waters or adjoining shorelines. The SPCC rule requires facilities to develop, maintain, and implement an oil spill prevention plan, called an SPCC Plan. These Plans help facilities prevent oil spills, as well as control a spill should one occur.
Statutory Overview 40 CFR 112
What are the Waters of the United States (WOTUS)
What does EPA consider navigable waters, why is this important
SPCC Requirements, Compliance, and Planning
CWA Enforcement Issues including recent EPA enforcement activities
IS MY FACILITY COVERED BY SPCC?
SPCC RULES APPLY TO A FACILITY THAT:
Stores, transfers, uses or consumes oil or oil products, such as diesel fuel, gasoline, lube oil, hydraulic oil, adjuvant oil, crop oil, vegetable oil or animal fat; and
Stores more than 1,320 gallons in total of all aboveground containers (Only count containers with 55 gallons or greater storage capacity) or more than 42,000 gallons in completely buried containers; and
Could reasonably be exposed to discharge oil to navigable waters of the U.S. or adjoining shorelines, such as lakes, rivers and streams.
WHAT DOES EPA CONSIDER OIL?
The term oil means oil of any kind or in any form, including, but not limited to: petroleum; fuel oil; sludge; oil refuse; oil mixed with wastes other than dredged spoil; fats, oils or greases of animal, fish, or marine mammal origin; vegetable oils, including oil from seeds, nuts, fruits, or kernels; and other oils and greases, including synthetic oils and mineral oils.
IS YOUR PLAN COMPLIANT?
BRING YOUR SPCC PLAN FOR REVIEW
DOES MY FACILITY NEED A FACILITY RESPONSE PLAN?
EPA requires a Facility Response Plan (FRP) for any facility that could reasonably be expected to have a release of oil to the navigable waters of the United States that will cause "substantial harm" to the environment. A Facility Response Plans (FRPs) is required when your facility transfers oil over water to/from vessels and has a total oil storage capacity greater than or equal to 42,000 gallons, OR your site’s total oil storage capacity greater than or equal to 1 million gallons AND ONE of the following conditions is true:
The facility does not have sufficient secondary containment sufficiently large to contain the capacity of the largest aboveground storage tank plus sufficient freeboard for precipitation..
The facility is located at a distance such that a discharge from the facility could cause "injury" to fish, wildlife, and sensitive environments.
The facility is located at a distance such that a discharge from the facility would shut down a public drinking water intake.
The facility has had, within the past five years, a reportable discharge greater than or equal to 10,000 gallons in the past 5 years.
THE KEY IS PREVENTION, NOT RESPONSE
Does your plan address prevention or is it just another oil spill response plan?