EPA Finalizes Multiple Changes to the SPCC

Self Certification An Option Starting January 14th 2010

by Patric Timmermans

For more information about this upcoming rule change, please join our webinar on January 14.

After an 11 month delay for additional public comment the EPA has finalized the December 2008 amendments to the Spill Control and Countermeasures Plan (SPCC) rules. If you recall, last year’s amendments were to reduce some of the regulatory burden on smaller oil handling facilities such as yours. As it turns out, the changes resulting from the extended public comment period have not had any impact on the amendments in your business sector. As with the previous rules if your facility has an aggregate storage capacity of over 1,320 gallons (including 55 gallon drums) of petroleum products, these amendments will affect your facility. The following amendments are going into effect on January 14th, 2010:

SPCC rule Compliance Dates

The EPA has again extended the compliance date for facilities with over 1,320 gallons of aggregate petroleum product storage to prepare or amend a Spill Prevention, Control and Countermeasure (SPCC) Plan.

• If your facility started operation on or before August 16, 2002 you should already have a SPCC plan in place. You have until November 10, 2010 to amend the plan to comply with the new requirements if needed.
• If your facility started operation after August 16, 2002 you have until November 10, 2010 to prepare and implement an SPCC plan at your facility.

If you already have a written SPCC Plan that’s certified by a Professional Engineer (P.E.), it is highly unlikely that the new amendments will require a plan rewrite. The new rules have actually relaxed the requirements for “Qualified Facilities,” (described below). For those of you who have not yet completed a SPCC plan, there are some changes that may make this process easier:

SPCC Amendments going into effect on Jan 14th, 2010.

On November 5, 2009, EPA amended the SPCC rule to provide clarity, tailor requirements to particular industry sectors, and streamline certain requirements. The most significant change affecting KPA’s clients is the ability to self-certify the SPCC Plan using a 22 page “streamlined plan template”. To qualify for this new process a facility must:

• Have 10,000 gallons or less in aggregate aboveground petroleum storage capacity; and
• Not have discharged over 1,000 gallons or have two discharges of over 42 gallons each to navigable waters in the past 12 months; and
• Not have any individual aboveground storage container over 5,000 gallons.

If you meet the above three criteria, you are considered a Tier I qualified facility and are able to self certify using the 22 page EPA Plan template. If you do not meet these criteria, you will need to complete a full plan that follows all requirements of the SPCC rule but you may still be able to self certify. Download EPA template for SPCC self-certification.