Final SPCC Rule Amendments - 40 CFR 112

US EPA announced a final regulation that amends certain requirements for facilities subject to the Oil Spill Prevention, Control and Countermeasure (SPCC) rule. The amendments clarify regulatory requirements, tailor requirements to particular industry sectors, and streamline certain requirements for a facility owner or operator subject to the rule. With these changes, the agency expects to encourage greater compliance with the SPCC regulations, thus resulting in increased protection of human health and the environment. This rulemaking marks the completion of the SPCC action, which was proposed on October 15, 2007, finalized on December 5, 2008, and for which the agency requested public comments again on February 3, 2009.

The amendments do not remove any regulatory requirements for owners or operators of facilities in operation before August 16, 2002, to develop, implement and maintain an SPCC plan in accordance with the SPCC regulations then in effect. Such facilities continue to be required to maintain their plans during the interim until the applicable date for revising and implementing their plans under the new amendments.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), SPCC Plans and Spill Reporting Consulting, Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP at
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SPCC Rule Compliance Deadline Extended

On June 11, 2009, EPA again extended the compliance date for compliance with the federal "SPCC Rule". Facilities subject to the SPCC Rule now have until to November 10, 2010 to come into compliance. Facilities must amend or prepare, and implement SPCC Plans by the compliance date in accordance with revisions to the SPCC rule promulgated since 2002. Farms must also amend or prepare their SPCC Plans, and implement those Plans by the same date.

For futher information on SPCC services, go to:

SPCC - 40 CFR 112 Compliance Services

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address SPCC Compliance, Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP at
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Mobile Tanks - Nurse Tanks - SPCC Requirements

The revised SPCC Rule (40 CFR 112) clarified a few points in regards to mobile tanks. First, the Rule clarified that tanks on vehicles used to hold fuels and operating fluids required to operate the vehicle are not intended to be included under the SPCC requirements. Typical mobile refueling equipment would have two types of fuel storage 1) a fuel tank for operation of the engine, and 2) a storage tank used to move fuel around the facility. Under the revised Rule, the engine’s fuel tank (i.e., “motive fuel container”) would not be included under an SPCC Plan; however, the bulk fuel tank the vehicle carries may need be included.

In agricultural settings, mobile tanks are sometimes referred to as "nurse tanks", as they as used to transport fuel to equipment being used in the field.
[Read more about changes to application of SPCC Rule in agricultural settings]

The bulk fuel tank on the refueling vehicle would normally require the same spill protections that other containers need. However, the revised SPCC Rule clarified that these refueling vehicles are exempted from some SPCC requirements. However, when this equipment (included towed equipment) is placed or stored in a designated area of the site, SPCC Rules apply

Caltha LLP provides expert technical support to facilities and/or consulting engineers on compliance with SPCC Rules. Caltha maintains a library of SPCC Plan templates to match site-specific needs. For futher information on SPCC services, go to:
SPCC - 40 CFR 112 Compliance Services

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP at
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SPCC Rule - EPA Changes Definition of “Navigable Waters''

The SPCC Rule (40 CFR 112) is intended to prevent and control accidental discharges of oils to "navigable waters" of the US. The definition of "navigable waters" is an important element of the regulation.

In November 2008, The Environmental Protection Agency (EPA) promulgated a final rule to amend a Clean Water Act (CWA) Section 311 regulation that defines the term “navigable waters'', effective November 26, 2008.

As background, the SPCC rule was originally promulgated on December 11, 1973. The 1973 SPCC rule defined “navigable waters'' (see below). In 2002, EPA amended the SPCC rule including a revision to the regulatory definition of “navigable waters”.

On March 31, 2008, the U.S. District Court for the District of Columbia ruled that the Agency's promulgation of the revised definition of ``navigable waters'' in the July 2002 SPCC rule violated the Administrative Procedure Act. The court vacated the July 2002 SPCC regulatory definition of ``navigable waters'' and specifically restored the 1973 SPCC regulatory definition:

Navigable waters of the United States means ``navigable waters'' as defined in section 502(7) of the FWPCA, and includes:
(1) All navigable waters of the United States, as defined in judicial decisions prior to passage of the 1972 Amendments to the FWPCA (Pub. L. 92-500), and tributaries of such waters;
(2) Interstate waters;
(3) Intrastate lakes, rivers, and streams 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 interstate commerce.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Stormwater Permitting & Regulatory Support, Spill Prevention and SPCC Plans, Stormwater Monitoring and Stormwater Training. For futher information on SPCC services, go to:
SPCC - 40 CFR 112 Compliance Services

For further information contact Caltha LLP at
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SPCC Plan - Does My Spill Plan Expire?

From time-to-time, Caltha receives inquiries from facilities that believe their Spill Prevention, Control & Countermeasure (SPCC) Plan may have "expired".

The SPCC Plan, prepared in accordance with 40 CFR 112, is a "dynamic" document, and does not expire. At any point in time, the SPCC Plan needs to accurately reflect the current physical layout of the facility, the existing spill containment and control measures, and the current emergency response procedures.

Because facilities change overtime, the SPCC Plan needs to be reviewed and updated accordingly. At a minimum, the plan needs a formal review and revision (if necessary) every five years. However, certain elements of the Plan may change much more frequently - especially emergency contact information. The SPCC Plan should be revised before making changes to the facility that are relevant to compliance with the SPCC Rule.

Caltha LLP offers expert technical and regulatory support to develop facility Spill Prevention, Control & Countermeasure (SPCC) plans, including several low cost options for SPCC Plans using the new SPCC Template Plan format. Caltha also develops the required SPCC training and SPCC inspection programs to comply with 40 CFR 112. Click here to request further information on SPCC and SWPPP Services.

For further information contact Caltha LLP at
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SPCC Plans - State Spill Prevention - Preparedness Requirements

Caltha LLP provides technical support to facilities nationwide to comply with US EPA Spill Prevention, Control & Countermeasure (SPCC) Rules (40 CFR 112) and State-specific spill prevention, spill preparedness and release reporting requirements. Caltha specializes in preparing SPCC Plans, including using the new SPCC Template Plan format.

[Read more about the benefits of SPCC Template Plan format]

Caltha provides SPCC Plan services in a number of flexible formats, ranging from turn-key services where we provide a complete SPCC Plan, to ad hoc technical guidance to facility or corporate staff as they prepare Plans and compliance programs. Caltha also provides technical support in developing and implementing SPCC Inspection programs, and in developing and presenting annual SPCC Training.

To request further information on SPCC services for individual States, click on a State below:

[See a map showing States where Caltha LLP worked in 2008]

Alabama SPCC Plan - SPCC Template Plan
Alaska SPCC Plan - SPCC Template Plan
Arkansas SPCC Plan - SPCC Template Plan
California SPCC Plan - SPCC Template Plan
Connecticut SPCC Plan - SPCC Template Plan
Florida SPCC Plan - SPCC Template Plan
Georgia SPCC Plan - SPCC Template Plan
Illinois SPCC Plan - SPCC Template Plan
Indiana SPCC Plan - SPCC Template Plan
Iowa SPCC Plan - SPCC Template Plan
Kansas SPCC Plan - SPCC Template Plan
Kentucky SPCC Plan - SPCC Template Plan
Louisiana SPCC Plan - SPCC Template Plan
Maine SPCC Plan - SPCC Template Plan
Massachusetts SPCC Plan - SPCC Template Plan
Michigan SPCC Plan - SPCC Template Plan
Minnesota SPCC Plan - SPCC Template Plan
Mississippi SPCC Plan - SPCC Template Plan
Nebraska SPCC Plan - SPCC Template Plan
Nevada SPCC Plan - SPCC Template Plan
New Jersey SPCC Plan - SPCC Template Plan
New York SPCC Plan - SPCC Template Plan
North Carolina SPCC Plan - SPCC Template Plan
North Dakota SPCC Plan - SPCC Template Plan
Ohio SPCC Plan - SPCC Template Plan
Oklahoma SPCC Plan - SPCC Template Plan
Oregon SPCC Plan - SPCC Template Plan
Pennsylvania SPCC Plan - SPCC Template Plan
South Carolina SPCC Plan - SPCC Template Plan
South Dakota SPCC Plan - SPCC Template Plan
Tennessee SPCC Plan - SPCC Template Plan
Texas SPCC Plan - SPCC Template Plan
Utah SPCC Plan - SPCC Template Plan
Virginia SPCC Plan - SPCC Template Plan
Washington SPCC Plan - SPCC Template Plan
Wisconsin SPCC Plan - SPCC Template Plan

For further information contact Caltha LLP at
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Self Certification of SPCC Template Plans – What Is Required?

The SPCC Rule (40 CFR 112) now allows SPCC Plans to be self-certified (no PE certification required) by facilities, if they meet a few qualifications:

• On-site oil storage capacity must be less than 10,000 gallons;
• Over the past three years, no single spill greater than 1,000 gallons, and no more than two spills greater than 42 gallons have occurred;
• The SPCC meets all SPCC Rule (40 CFR 112) requirements, without the use of “environmentally equivalent” or “impracticality” determinations.

For Tier I Qualifying facilities, the facility must also certify that it meets all the requirements necessary to use the SPCC Template Plan format. All "self-certified" SPCC Plans, including those using the SPCC Template Plan format, will still need to be signed by a responsible person on behalf of the facility. By signing the SPCC Plan, that person certifies that he/she is:

• Familiar with SPCC requirements,
• Has visited and reviewed the facility,
• The Plan was prepared in accordance with accepted and sound industry practices,
• Procedures for inspections and testing have been established,
• The Plan is fully implemented, and
• The facility meets all the requirements to qualify for self certification.

[Request information on State-specific SPCC Plans and Template Plans]

Caltha LLP offers expert technical and regulatory support to develop "self-certified" facility Spill Prevention, Control & Countermeasure (SPCC) plans, including several low cost options for SPCC Plans using the new SPCC Template Plan format. Caltha also develops the required SPCC training and SPCC inspection programs to comply with 40 CFR 112 requirements. For futher information on SPCC services, go to:
SPCC - 40 CFR 112 Compliance Services

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website

40 CFR 112 SPCC Rule Compliance Deadline Extension

EPA is extending the compliance dates for all facilities and establishing new compliance dates for farms and production facilities subject to the Spill Prevention, Control, and Countermeasure (SPCC) rule. This amendment extends the dates by which the owner or operator of any SPCC-regulated facility must prepare or amend and implement its SPCC Plan. It also establishes the dates by which the owner or operator of a farm must prepare or amend and implement its SPCC Plan.

For all facilities subject to the recent amendments, the compliance deadline was extended to November 20, 2009. For farm and production facilities, the deadline for compliance with amended SPCC Rule requirement will be either November 20, 2009, or November 20, 2013, depending on whether or not the facility meets some specific criteria.

Caltha LLP assists companies in addressing their requirements under Federal SPCC rules. Caltha specializes in developing cost effective SPCC Plans for facilities nationwide using the new SPCC Template Plan format. Click here to request further information on SPCC and SWPPP Services.

For further information contact Caltha LLP at
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Caltha LLP Website

Do Construction Sites Need SPCC Plan In Addition To SWPPP?

Does a construction site that operates under a stormwater discharge permit and has a Stormwater Pollution Prevention Plan (SWPPP) also need a Spill Prevention Control and Countermeasure (SPCC) Plan?

The answer is POSSIBLY; the requirements for a stormwater discharge permit and for a SPCC Plan are independent of each other. Not all construction sites that need a stormwater permit also need an SPCC Plan - and some construction sites that do not need a stormwater permit may need an SPCC Plan.

Whether or not a given construction site needs an SPCC Plan will depend on the oil storage capacity on site, even if storage tanks, mobile tanks, oil-filled equipment, etc are only on-site temporarily. [Read more about SPCC requirements] Individual State programs may also have additional requirements for notification, registration or permitting of above ground storage tanks at construction sites.

Even construction sites that do not exceed the thresholds requiring an SPCC Plan need to have spill prevention and control measures. In most cases this requirement is contained in the site stormwater discharge permit, or in State general duty provisions to prevent and control spills, and to clean up spilled materials.

Caltha LLP offers some very cost effective options for construction sites needing to prepare SPCC Plans, SWPPPs, or to develop spill prevention and response procedures. Click here to request more information on construction site SPCC/SWPPP Services.

For further information contact Caltha LLP at
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Spill Prevention Control & Countermeasures - Requirements for Farm Operations

On December 5, 2008, EPA amended the SPCC rule to tailor certain requirements for agricultural facilities, including farms. These amendments complement the December 2006 amendments to the SPCC rule, which streamlined the requirements for most farms subject to SPCC requirements. The recent amendment clarified three primary areas relevant to farm operations.

First, the final rule exempts all pesticide application equipment and related mix containers, regardless of ownership or where used, from SPCC requirements. The capacity of these pesticide application equipment and related mix containers are not counted toward the facility’s oil storage capacity calculation. However, containers that store oil prior to mixing with a pesticide, or containers used to store pesticides that contain oil, may continue to be regulated under the SPCC rule.

Second, the SPCC amendment also clarified application of the Rule to mobile refuelers (including “nurse tanks”), common at many farm operations. Mobile refuelers are exempt from the sized secondary containment requirements of the SPCC rule, but are still subject to the general secondary containment requirements.

Finally, farms are exempt from the loading/unloading rack requirements because agricultural oil and fuel transfers at farms are generally not associated with loading/unloading racks. However, oil transfer areas, such as loading/unloading areas at farms are subject to the SPCC rule and require general secondary containment.

Caltha LLP assists facilities that exceed the SPCC storage threshold to comply with SPCC Rules, including preparation SPCC Plans and SPCC Template Plans, and conducting SPCC Training.

For further information contact Caltha LLP at
info@calthacompany.com
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Caltha LLP Website

SPCC Plan Template - New Option for Tier I Qualified Facilities

On December 8, 2008, US EPA finalized its streamlined SPCC Rule (40 CFR 112). The amended rule tailored the SPCC requirements for a subset of qualified facilities. The owner or operator of a qualified facility has the option to self-certify their SPCC Plan and comply with other streamlined requirements.

This final rule designates a subset of qualified facilities (“Tier I qualified facilities”) as those that meet the current criteria to self-certify their SPCC Plan and that have no oil storage containers with an individual aboveground storage capacity greater than 5,000 gallons. A Tier I qualified facility has the option to complete a self-certified SPCC Plan template instead of a full SPCC Plan. By completing the SPCC Plan template, an owner or operator of the facility will certify that the facility complies with a set of streamlined SPCC rule requirements. All other qualified facilities will be designated “Tier II qualified facilities.”

Caltha LLP assists facilities in complying with SPCC Rules, including several very cost effective options for Tier I Qualified Facilities to prepare their SPCC Plan Template.For futher information on SPCC services, go to:
SPCC - 40 CFR 112 Compliance Services

For further information contact Caltha LLP at
info@calthacompany.com
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Caltha LLP Website

SPCC Rule 40 CFR 112 - Regulation of Mobile Tanks and Tankers

The recently revised SPCC Rule (40 CFR 112) clarified a few points in regards to mobile tanks.

First, the Rule clarified that tanks on vehicles used to hold fuels and operating fluids required to operate the vehicle are not intended to be regulated under the SPCC requirements. Typical mobile refueling equipment would have two types of fuel storage –a fuel tank for operation of the engine, and a storage tank used to move fuel around the facility. Under the revised Rule, the engine’s fuel tank (i.e., “motive fuel container”) would not be included under an SPCC Plan.

The bulk fuel tank on the refueling vehicle would normally require the same spill protections that other containers need. However, the revised SPCC Rule clarified that these refueling vehicles are exempted from some SPCC requirements.

Caltha LLP provides expert technical support to facilities and/or consulting engineers on compliance with SPCC Rules. Caltha maintains a library of SPCC Plan templates to match site-specific needs. For futher information on SPCC services, go to:
SPCC - 40 CFR 112 Compliance Services

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website

SPCC Requirements for Electric Transformers & Other Electrical Equipment

Oil-filled equipment are regulated under SPCC requirements - 40 CFR 112. This includes some very common types of equipment: hydraulic systems, lubricating systems, gear boxes, electrical transformers & other electrical equipment, coolant and heat transfer systems.

Some electrical equipment, such as transformers, on a property may not be under the control of the facility. This equipment could be installed, owned and operated by the local power provider or municipality. The SPCC Rule still applies to this equipment, however the specific requirements may be different depending on who owns and operates the equipment.

Caltha LLP provides expert technical support to facilities and/or consulting engineers on compliance with SPCC Rules. Caltha maintains a library of SPCC Plan templates to match site-specific needs. For futher information on SPCC services, go to:
SPCC - 40 CFR 112 Compliance Services

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website

Oil-filled Equipment Requirements Under SPCC Rule - 40 CFR 112

Oil-filled equipment is regulated under SPCC requirements. This includes some very common types of equipment: hydraulic systems, lubricating systems, gear boxes, electrical transformers & other electrical equipment, coolant and heat transfer systems.

One of the challenges of complying with SPCC requirements is providing adequate secondary containment around this type of equipment. Recent revisions to the SPCC rule now may allow facilities to rely on an inspection program and contingency planning in lieu of secondary containment. To quality for this exemption, facilities need to meet a number of specific conditions.

For further information contact Caltha LLP at
info@calthacompany.com
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Self-Certification of SPCC Plans - Requirements for Certification

The SPCC Rule (40 CFR 112) now allows SPCC Plans to be self-certified (no PE certification required) by facilities, if they meet a few qualifications:

• On-site oil storage capacity must be less than 10,000 gallons;
• Over the past three years, no single spill greater than 1,000 gallons, and no more than two spills greater than 42 gallons have occurred;
• The SPCC meets all SPCC Rule (40 CFR 112) requirements, without the use of “environmentally equivalent” or “impracticality” determinations.
  

SPCC Plans will still need to be signed by a responsible person on behalf of the facility. By signing the SPCC Plan, that person certifies that he/she is:

• Familiar with SPCC requirements,
• Has visited and reviewed the facility,
• The Plan was prepared in accordance with accepted and sound industry practices,
• Procedures for inspections and testing have been established,
• The Plan is fully implemented, and
• The facility meets all the requirements to qualify for self certification.

Caltha LLP offers expert technical and regulatory support to develop facility Spill Prevention, Control & Countermeasure (SPCC) plans to be "self-certified". Caltha also develops the required SPCC training and SPCC inspection programs to comply with 40 CFR 112 requirements.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website

SPCC Secondary Containment Requirements for Mobile Refueling Equipment

The revised SPCC Rule (40 CFR 112) clarified a few points in regards to mobile tanks. First, the Rule clarified that tanks on vehicles used to hold fuels and operating fluids required to operate the vehicle are not intended to be included under the SPCC requirements. Typical mobile refueling equipment would have two types of fuel storage –a fuel tank for operation of the engine, and a storage tank used to move fuel around the facility. Under the revised Rule, the engine’s fuel tank (i.e., “motive fuel container”) would not be included under an SPCC Plan; however, the bulk fuel tank the vehicle carries would be included.

The bulk fuel tank on the refueling vehicle would normally require the same spill protections that other containers need. However, the revised SPCC Rule clarified that these refueling vehicles are exempted from some SPCC requirements. Specifically, the revision exempts mobile refueling vehicles from the requirements to have a sized secondary containment structure.
However, when this equipment (included towed equipment) is placed or stored in a designated area of the site, that area must have the required secondary containment.

Caltha LLP provides expert technical support to facilities and/or consulting engineers on compliance with SPCC Rules. Caltha maintains a library of SPCC Plan templates to match site-specific needs.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website

Revised SPCC Rules - Connection with Stormwater Permit Compliance

Stormwater discharge permits commonly reference other regulatory requirements. Possibly the most common regulatory reference is that permitted facilities must be in compliance with SPCC Rules (40 CFR 112). Since 2002, the SPCC Rules have been evolving; the result of these changes has been that many more facilities are now subject to SPCC requirements. However, a significant number of facilities are not aware of changes to the SPCC Rule and that they are now subject to this regulation.

The most significant change has been the threshold on oil storage capacity that makes a facility subject to SPCC Rules. Although the threshold for total facility oil storage capacity increased to 1320 gallons, the size of containers which must be included in the calculation decreased to 55 gallons. Now, a facility must add the oil storage capacity for all containers 55 gallons or greater; if the total exceeds 1,320 gallons, the facility is subject to SPCC Rules. Facilities that include a significant drum storage of oil can easily exceed this threshold.

Many of the revisions to the SPCC requirements streamlined compliance requirements and ultimately reduce the complexity and costs associated with compliance. US EPA believed that reducing the overall complexity of the program will improve compliance, especially with small to mid-sized facilities that are affected.

Specifically, the types of facilities that benefited were:

• Facilities with total oil storage capacity between 1,320 and 10,000 gallons
• Facilities with certain types of regulated oil-filled equipment
• Facilities with mobile refueling vehicles
  

For further information contact Caltha LLP at
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