|
| |
Revisions to the Federal SPCC Regulations
The
USEPA and USCG made several changes to the SPCC requirements under the Spill
Prevention, Control and Countermeasure regulations provided in 40 CFR 112.
Below is a summary of the
July 17, 2002
, Final Rule. The Final Rule
was effective
August 16, 2002
.
Key changes to the regulation included the following provisions:
 | The
new SPCC rule clarifies that a facility that is a user of oil is required to
comply with 40 CFR 112. A
facility is defined to include any mobile or fixed equipment, in addition to
the previous inclusion of tanks.
|
| The
new rule provided some regulatory clarification on what is defined as “an
oil.” EPA interprets
the definition of oil to include all types of oil, in whatever form, solid
or liquid. That includes
synthetic oils, mineral oils, vegetable oils, animal fats, petroleum
derivatives, etc. |
| A
facility with buried tanks (i.e. USTs) subject
to 40 CFR 280 or a State UST program do
not count in the calculation of the UST 42,000 gallon threshold.
These tanks are no longer required to comply with SPCC provisions but
need to be included in the facility diagram. |
| Eliminated
the provision that triggers the requirement to prepare and implement an SPCC
Plan if any single (aboveground) container has a capacity greater than 660
gallons. The 1,320-gallon
aboveground threshold was clarified. Only
containers with a capacity of 55 gallons or greater are counted in the
calculation of aboveground storage capacity.
|
| Containers
of less than 55 gallons of oil are exempt from the SPCC threshold (i.e.
1,320 gallon) criteria.
|
| The
definition of “facility” was revised to clarify that a facility could be
as small as a piece of equipment or a tank. |
| The
owner or operator must maintain a copy of the SPCC Plan at the facility if
it is attended at least 4 hours a day.
(This is lowered from the current requirement of being attended 8
hours a day.)
|
| The
period of review for SPCC Plans has been changed from every 3 years to every
5 years. This review and
evaluation of the Plan must now be documented. Also,
for SPCC Plans in place as of
August 16, 2002
, the next PE required
review would be 5 years from the date of your last review of the Plan.
|
| A
Professional Engineer must certify only technical amendments.
PE certification is not required for changes to phone numbers, names,
etc.
|
| The
physical layout of the facility must be described in the SPCC Plan.
A facility diagram (that includes SPCC exempt USTs)
must be included.
|
| The
revised rule allows for deviations from most of the rule substantial
requirements (except secondary containment) provided equivalent
environmental protection is implemented using an alternative method. |
| Training
is mandated for oil-handling employees only, instead of all employees.
Specific training topics are defined. The
training must be conducted at least once a year.
|
| 40
CFR 112.7 – SPCC Plans general requirements has been divided into three
sections:
 | 40
CFR 112.7 – General Requirements for SPCC Plans.
| 40
CFR 112.8 thru 112.11 – Requirements for Petroleum Oils &
Non-Petroleum Oils except Animal Fats, etc.
| 40
CFR 112.12 thru 112.15 – Requirements for Animal Fats and Oils and
Greases and for Vegetable Oils, etc.
|
| |
|
Should
you have any questions regarding these changes, please do not hesitate to
contact any of Leader’s offices or cmatzek@leaderlink.com
if you would like a copy of the regulation.
|
