January 2012

Presented by: Annie Macmillan, Stephanie Congo

The Federal Spill Prevention,

Control & Countermeasures

(SPCC) Rule Overview

The purpose of the SPCC rule is to

prepare and implement a plan to prevent

discharges of oil into Waters of the State.

The Regulatory

Authority lies with

EPA/New England

Region I

Office

Boston, MA

Petroleum

Based Oils

Non

Petroleum

Oils

Oil

Containing

Products

Gasoline Animal Fats Oil-based paints

Off / On Road

Diesel Fuel Vegetable Oils Oil-based thinners

Motor (used & new) Biofuels Oil-based inks

Crude Oil

Adjuvant Oil Petroleum-based parts

Heating Seed Roofing tar

Jet / Aviation fuels Nut

Hydraulic / lubrication Fruit & Kernel

Regulations apply regardless of whether the

above ground tank is full or nearly empty.

Adjacent or non-adjacent parcels, either leased or owned, may be considered separate facilities for SPCC purposes.

For farms, it is very helpful to show diagrams of

separate leased and owned parcels in your plan.

Separate facilities could be identified by tax map

identifier, tract number or field number.

Containers on separate parcels (that the farmer

identifies as separate facilities based on how they

are operated) do not need to be added together in

determining whether the 1,320-gallon applicability

threshold is met.

Exempted pesticide application

equipment and related mix containers

Exempted heating oil containers at single-

family residences

Exempted motive power containers

Exempted milk or milk product containers

Clarified that farm nurse tanks are mobile

refuelers

Need a plan. Need secondary containment. Need spill kits. Need personnel training. Need documented inspections. Need plan updates.

1. Introduction 2. Facility description 3. Storage Tanks / Containers 4. Spill History 5. Spill Containment & Prevention 6. Spill Prediction & Direction 7. Stormwater Discharge 8. Deliveries & Unloading Procedures 9. Flood Hazard 10. Inspections, Testing & Records 11. Spill Control & Countermeasures 12. Emergency Response & Notification 13. Facility Security 14. Personnel Training 15. Plan Review & Amendment Procedures 16. Plan Implementation Items

A copy of the plan must be maintained at

the farm office.

A copy does not have to be filed with EPA

unless requested.

The plan must be available during

normal business hours for EPA, or State

environmental staff, if requested.

Provide appropriate secondary containment and/or diversionary structures or equipment to prevent a discharge (from tanks, drums, totes, piping, transfer areas, etc.) to “navigable waters of the U.S. and adjoining shorelines”

The entire system (walls and floor) must be capable of containing oil so that a discharge from containment will not occur until cleanup happens.

One of the following preventive systems or its equivalent should be used as a minimum for facilities:

• Dikes, berms or retaining walls sufficiently impervious to contain spilled oil

• Curbing or drip pans

• Sumps and collection systems

• Culverts, gutters or other drainage systems

• Weirs, booms or other barriers

• Spill diversion ponds

• Retention ponds

• Sorbent materials

Some Above Ground Storage Tanks (ASTs) may be inside buildings, where the buildings’ structure serves as secondary containment

Drums of petroleum are located on secondary containment pallets/basins

If the floor space is used for containment, all floor drains must be plugged.

To avoid discharges during filling

operations at least one of the following

systems is required: • High liquid level alarms

• High liquid level pump cutoff

• Fast-response system for determining liquid level of each bulk storage container, with person present to monitor

• 2 person rule-loading and unloading

* sawdust

* kitty litter

* oil absorbent

materials

* shovel

Are also suitable

spill kit materials

Train oil-handling personnel • Operation/maintenance of prevention equipment

• Discharge procedure protocols

• Applicable pollution control laws, rules, and regulations

• General facility operations

• Contents of the facility SPCC Plan

Designate a person accountable for discharge prevention and who reports to farm management

Schedule/conduct at least one briefing/year: • Known discharges and failures, malfunctioning components,

new precautionary measures, any updates

Drums and Totes (portable containers): Periodic visual inspections, as long as sized secondary containment provided; typically monthly, can be weekly, etc.

Tanks: Periodic visual inspections by the owner/operator plus formal inspections based on the industry integrity testing standard that is used. Visual inspections are typically performed monthly, can be weekly, etc.

Fuel Transfer Areas: Visual inspections by the owner/operator during transfers, typically monthly, can be weekly, etc.

Regularly inspect the outside of

all above ground tanks, double-

walled tanks and drums for

signs of deterioration, leaks, or

accumulation of oil inside

containment areas

If a double-walled tank, an

owner or operator must

frequently inspect the inner wall

and interstitial spaces of a shop-

built double-wall AST. The use of

automatic detection devices to

detect discharges into the

interstitial space is

recommended.

Conduct inspections and tests in accordance with written procedures developed for your facility Plan

Keep these written procedures and a record of the inspections and tests, signed by the appropriate staff, with the SPCC Plan for a period of three years

Refer to Attachment #3 of the Tier 1 Template

Any time you move or change out a tank,

you have 6 months to Amend your Plan.

See Attachment 1.2 of the Tier 1 Template

Every 5 years, Review your plan! Even if

you have made no changes at all (staffing,

no tank changes, etc.). Management

must review and sign-off every 5 years.

See Attachment 1 of the Tier 1 Template

Farmer self-certified plan can be written IF: Storage between 1,320 and 10,000 gallons

No single tank is greater than 5,000 gallons

No reportable* discharges within last 3 years

PE stamped plan required IF: Storage over 10,000 gallons, and/or

Has had an oil spill within the last 3 years

* Reportable discharge = 1,000 gallons or 2 discharges

exceeding 42 gallons within 12 months.

What to do if you have a Spill:

1. Determine the spill source

2. Stop the discharge

3. Stop any further transfer operations

4. Use your easily accessible spill response

equipment to clean up the spill safely

5. Call in your clean-up contractor, if needed

6. Document the event with photos and text

Spills over 2 gallons, call:

VT DEC 24-Hour Hazardous Spills Hotline

800-641-5005

Immediately report all oil discharges to surface

waters of the U.S. to:

National Response Center 1-800-424-8802

Spills to water:

Report to the EPA Regional Administrator

within 60 days: Environmental Protection Agency Region 1

5 Post Office Square - Suite 100

Boston, MA 02109-3912

Phone: (617) 918-1111

Fax: (617) 918-1809

Toll free within Region 1: (888) 372-7341

Spills over 1,000 gallons, or more than two - 42

gallon spills occurring in a 12 month period:

No plan at all.

Failure to include all

elements of a plan.

No secondary

containment.

Plan does not accurately identify each path

spilled oil would take to reach a waterway.

Plan does not include

all oil storage on-site.

Plan is not reviewed

or updated every five

years.

Staff not conducting regular walk-through

inspections and log documentation.

Drain valves are not closed or properly

maintained to avoid a discharge.

Loading/Unloading areas not adequately

protected from discharges

Insufficiently impervious containment.

Containment is not sized adequately

The penalty for failure to have a SPCC Plan can be

up to $37,500 per day of violation, up to a

maximum of $137,500 (this may have increased in

2009), if an administrative action is filed.

The EPA performs random, unannounced

inspections of facilities suspected of needing a

SPCC Plan.

Recently, two Vermont medium farms

were cited for their lack of compliance

with the SPCC rule during federal

inspections. The farms were given a short

time period in which to come into

compliance with the SPCC rule.

They are still at risk for federal fines,

should EPA wish to pursue penalties.

For Model SPCC Tier 1 Template and

More:

http://www.eaovt.org/sbcap/spccfarm.htm

Questions?