Revised Spill Prevention, Control and Countermeasure Rule
Introduction
On July 17th, 2002, EPA issued a final rule amending the Oil Pollution
Prevention regulation promulgated under the authority of the Federal Water
Pollution Control Act (Clean Water Act). This rule addresses requirements
for Spill Prevention, Control and Countermeasure Plans (SPCC Plans) and
some provisions may also affect Facility Response Plans (FRPs). EPA proposed
revisions to the SPCC rule on three occasions, in 1991, 1993, and 1997.
The final SPCC rule addresses these revisions and became effective on
August 16, 2002. EPA published a final rule on August 11, 2004 that extended
the deadlines by which facilities must amend (or, for new facilities,
prepare) and implement their SPCC Plans. The SPCC rule can be found in
Title 40 of the Code of Federal Regulations (CFR), Part 112 (Oil Pollution
Prevention)
Background of the Oil Pollution Prevention Regulation
The goal of the oil pollution prevention regulation in 40 CFR Part 112
is to prevent oil discharges from reaching navigable waters of the United
States or adjoining shorelines. The rule was also written to ensure
effective responses to oil discharges. The rule further specifies that
proactive, and not passive, measures be used to respond to oil discharges.
The oil pollution regulation contains two major types of requirements:
prevention requirements (SPCC rule) and Facility Response Plan (FRP)
requirements. The prevention requirements in sections 112.1 through
112.7 were first promulgated in the 1973 SPCC regulation. Required under
the rule is an SPCC Plan that contains measures to prevent and control
oil spills, including those resulting from human operational error or
equipment failures.
Reasons for Final Changes
There were many reasons for the final changes. First, the final changes
stem from the need to clarify the language and organization of the rule.
The changes comply with the Presidential order requiring that all new
rules or rule amendments be drafted in plain language. The changes reduce
the information collection burden on the regulated community. The SPCC
changes will reduce the regulatory burden by approximately 40 percent.
The changes will eliminate duplicate regulation, exempt certain small
facilities, exempt most wastewater treatment facilities, and require
consideration of industry standards in prevention plans. The final rule
also allows an owner or operator to substitute a required measure for
another providing equivalent environmental protection, with the exception
of secondary containment requirements. The number of facilities now
regulated by the SPCC rule has been reduced by about 55,000 as a result
of the changes.
General Applicability
The SPCC rule applies to owners or operators of facilities that drill,
produce, gather, store, use, process, refine, transfer, distribute,
or consume oil and oil products. The changes to the rule clarify applicability
to owners or operators that use oil. The changes also allow for tracking
the scope of the rule to conform with the expanded jurisdiction of the
amended CWA. The broadened range includes waters of the contiguous zone
and waters connected with activity under the Outer Continental Shelf
Lands Act or Deepwater Port Act, as well as waters affecting certain
natural resources of the United States.
Summary of the New SPCC Rule
The effect of the final SPCC rule is expected to be positive. The revised
rule reduces the number of facilities regulated and the overall regulatory
burden.
Highlights of Final Rule
- Exempts completely buried storage tanks subject to
all of the technical requirements of the UST regulations (40 CFR Parts
280 or 281);
- Exempts portions of certain facilities or any facility used exclusively
for wastewater treatment;
- Establishes a de minimis container size of 55 gallons;
- Establishes an aboveground storage capacity threshold of greater than
1,320 gallons and removes the 660 gallon threshold;
- Revises the trigger for submitting information on spills at SPCC regulated
facilities to EPA. Facilities are now required to submit information
after having 2 discharges (over 42 gallons) in any 12-month period or
a single discharge of more than 1,000 gallons;
- Allows deviations from most rule provisions (with the exception of secondary
containment requirements) when equivalent environmental protection is
provided;
- Provides for a flexible plan format, but requires a cross-reference
showing that all regulatory requirements are met; and
- Clarifies rule applicability to the storage and operational use of oil.
Facility Response Plan Considerations
The revisions to the SPCC rule may affect whether you need to prepare
and maintain a Facility
Response Plan (FRP) or how you calculate worst case discharge planning
levels. In some cases, your facility may not meet the storage capacity
thresholds for the substantial harm criteria. In other cases, you must
have an FRP, but you may be able to revise the calculations for worst
case discharge planning levels. The definitions used in part 112.2 also
clarify terms used in the FRP rule. According to the new rule, the regulation
no longer applies to the following:
- Completely buried tanks that are subject to all Underground Storage
Tank technical requirements in 40 CFR parts 280 and 281;
- Containers with a storage capacity of less than 55 gallons; and
- Portions of certain facilities or any facility used exclusively for
wastewater treatment.
Related Information
SPCC Plan
Reviews
Contingency
Planning
Facility
Inspections
