In December 2006, EPA Administrator Stephen L. Johnson signed a final rule to amend the Spill Prevention, Control, and Countermeasure (SPCC) rule at 40 CFR part 112.
The amended rule addressed issues raised by the 2002 final rule, including those pertaining to facilities with smaller oil storage capacities, qualified oil-filled operational equipment, motive power containers, and mobile refuelers. EPA also removed sections of the rule that are not appropriate for facilities with animal fats and vegetable oils, and extended the compliance dates for farms.
February 2006 – On February 10, 2006, the EPA administrator Stephen J. Johnson signed a final rule amending the Spill Prevention, Control and Countermeasure (SPCC).
EPA has signed a final rule extending compliance for updating and implementing plans to October 31, 2007. This rule was published in the Federal Register on February 17, 2006.
December 2005 - On December 12, 2005, the EPA published proposed revisions to the SPCC rule and another compliance date extension.
In December 2005, EPA proposed to extend the compliance date for updating and implementing plans to October 31, 2007 (this rule has been finalized - see February 2006). Additionally, the proposed rule provides two (2) streamlining options under the SPCC regulation for qualifying facilities/equipment and two (2) exemptions from the regulations. The proposal provides:
An option that would allow owners/operators of facilities that store less than 10,000 gallons of oil and meet other qualifying criteria, to self-certify their SPCC Plan, in lieu of review and certification by a Professional Engineer,
An alternative to the secondary containment requirement, without requiring a determination of impracticability, for facilites that have certain types of oil-filled equipment,
A definition and an exemption for motive power containers, and
An exemption for airport mobile refuelers from the specifically sized secondary containment requirements for bulk storage containers.
May 25, 2004 - EPA Publishes Notice Clarifying Settlement Issues Pertaining to Spill Prevention, Control, and Countermeasure (SPCC) Rule
On May 25, 2004, EPA publised a notice in the Federal Register that provides information about the partially settled litigation over the SPCC rule. The notice includes clarifications developed by the Agency during the course of the settlement proceedings. As mentitioned in the notice, EPA's Office of Solid Waste and Emergency Response (OSWER) issed a letter to the Petroleum Marketers Association of America (PMAA) in response to PMAA's questions about the 40 CFR 112.7(a)(2)'s "equivalent environmental protection" provision and request for clarification of the scope of the requirements in 40 CFR 112.7(h) ("Facility tank car and tank truck loading/unloading rack (excluding offshore facilities)").
When reviewing your plan, remember to include the following information:
- Written description of any spills in the 12 months prior to the effective date;
- Prediction of direction, rate and flow of maximum quantity of oil where potential for equipment failure exists;
- Description of containment, barriers/diversionary structures, and/or other control equipment. (Note that EPA has changed "should" to "must" when prescribing the necessary controls);
- A complete description of spill prevention and control measures;
- Facility diagram;
- Demonstration of management approval and P.E. certification; and
- Where equipment and design measures are not practical, an Oil Spill Contingency Plan and written staff commitment to quickly control and remove spilled oil is required.
Dixon Environmental has recently completed SPCC Plan updates for energy companies, data centers, food product manufacturers, chemical plants and others. We're certain you will see the value of letting our professional engineers and regulatory experts work to reduce risk at your facility. Further information on SPCC regulations is available at http://www.epa.gov/oilspill/spcc.htm, or call Dixon Environmental today at 610-722-9444 ext. 14 for help with all your risk management needs.
