8 points to remember regarding SPCC Plans (& recommendations)

Spill Prevention, Control, and Countermeasure (SPCC) Regulation was originally published in 1973 and went through major revisions since then. It is currently undergoing rulemaking to include hazardous substances. Review the following eight points and evaluate if your facility is EPA inspection ready for the existing SPCC regulations:

1. Applicability determination (capacity vs. quantity)
2. If the facility has any amount of oil on site, it should have an applicability determination document. The applicability must be based upon the capacity of the oil storage in tank/drums & not the average quantity in place.
3. “Oil” refers to petroleum and non-petroleum oils.
4. Definition of oil includes animal fats and vegetable oils. This broad definition creates a potential for noncompliance and must be reviewed closely.
5. Don’t overlook SPCC exemptions.
6. SPCC exemptions apply to milk & milk products, hot-mix asphalt, pesticide equipment, and completely buried tanks that meet certain requirements. SPCC applicability should consider the exemptions allowed by the regulations.
7. SPCC plan has a specific format. ERP & PPC/SWPPP plans cannot be used as SPCC
8. EPA has issued descriptive guidance on what must be included in the SPCC Plan. Although there may be an overlap between ERP, PPC, SWPPP plans and the SPCC plan, the SPCC Plan should be a separate document.
9. SPCC Plans must be renewed
10. The SPCC Plan must be renewed once every five years while changes to the plan must be made at least six months before the five-year renewal.
11. “Material Change” revision
12. Facility must revise the plan if material changes have been made. Examples of material change include design, construction, operation, or maintenance changes.
13. Tier I, Tier II plans and Plan review by Professional Engineer (PE)
14. Based upon SPCC Plan applicability, the facility can prepare and implement the plans economically. Tier I plans are least expensive, while SPCC Plans with required P.E. seal can be costly and time consuming. Irrespective of the plan type, it is recommended that the facility hire a professional engineer for the verification of secondary containment, impracticability determinations; and determination of imperviousness for containment.
15. SPCC rule is not delegated to the state agencies
16. Clean Water Act (CWA) does not authorize EPA to delegate the SPCC program implementation or enforcement to State or local agencies. If the facility is inspected by EPA and found to be in violation; hefty fines can be expected. Additionally, the publicity of the violations is not good for the facility.

It is recommended that the facility review its existing SPCC Program for compliance with the regulations and make changes, if needed.  Contact Sam Joshi at (215) 389-2811 if you have any questions.