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GeoInsighter Fall 2002 Newsletter

Update of SPCC Plans - Due February 27, 2003

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At last, an amendment to environmental regulations that truly benefits the regulated community while maintaining the protection of our environment. On July 17, 2002, the United States Environmental Protection Agency (USEPA) promulgated as a final rule modifications to its Oil Pollution Prevention regulations. The new rule drastically changes the Spill Prevention, Control and Countermeasure (SPCC) planning requirements by incorporating proposed amendments made in 1991, 1993, and 1997. 

The recent rule also finalized some 1999 proposed changes to the Facility Response Plan (FRP) requirements found within 40 CFR 112.20. The purpose of the amendments to the FRP requirements was to provide a more specific response method for those facilities handling, storing, or transporting animal fats and vegetable oils. In addition, those amendments to the SPCC regulations for underground storage tanks (USTs) and containers less than 55 gallons, noted below, are also applicable to FRPs.

The table identifies those revisions that are expected to have the greatest impact on most regulated facilities. The impact of these changes is discussed in more detail in the paragraphs that follow. Please note that a proposed standard to require that secondary containment be impermeable for 72 hours was withdrawn. As such, “sufficiently impervious,” the historical standard for secondary containment construction, remains unchanged (see 40 CFR 112.7[c]).

Through clearer language and better organization, great strides were made by the USEPA in presenting the new SPCC regulations so that they are easier to understand and use. Elimination of duplicative regulatory obligations and exemption of smaller facilities are expected to lessen the regulatory burden of 40 CFR 112 by 40 percent and the number of covered facilities by 55,000. But what does this mean to you?

Prior to these amendments, facilities needed to manage completely buried tanks in compliance with SPCC and UST regulations and some portions of their wastewater treatment plants in compliance with both SPCC regulations and discharge permits. Now, facilities do not need to include completely buried tanks in SPCC plans, except for their location on the facility site map. Therefore, gas stations or similar businesses that only store “oil” products in completely buried tanks, managed in compliance with UST regulations, will no longer need to meet SPCC planning requirements.

Similarly, a number of facilities may no longer need to comply with SPCC requirements due to the elimination of the “single container greater than 660 gallons” criterion. For example, many municipal transfer stations maintain a 1,000-gallon aboveground storage tank for the collection of waste oil. While these facilities needed to previously prepare and implement SPCC plans, they are no longer covered by these regulations if their aggregate aboveground storage of oil is less than 1,320 gallons.

While the frequency and need for Plan review and PE certification may be different from facility to facility, the new SPCC requirements should lessen the cost and effort associated with these activities. Although the initial PE certification is more extensive, the USEPA has extended the time between Plan reviews from three to five years and now requires PE certification of only technical amendments, such as changes in equipment or secondary containment systems. Administrative revisions (e.g., changes in coordinator names or contact information) do not require PE certification. 

Please note that the rule contains a number of other changes to the SPCC regulations that facilities should review to ensure that their Plan is in compliance with the new requirements. The full text to the new SPCC regulations and guidance can be found at http://www.epa.gov/oilspill/. Finally, facilities with existing SPCC plans should be aware that the new rule requires you to amend and re-certify your SPCC plan to include the new requirements by February 17, 2003 and to implement any changes (i.e., inspections, training, etc.) by August 18, 2003.

Eric C. Watters
ecwatters@geoinc

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