Facilities Under 40 CFR Part 112
• Virtually NO Exclusions and NO
Grandfathering
What’s in a name?
• Spill
• Prevention
• Control
=
• Countermeasure
SPCC
Who Must Comply?
• All bulk facilities that:
•
•
•
•
– Store petroleum products
– Have 1320 or more aggregate gallons of
above ground storage – counting all
containers 55 gallons or greater.
Any cargo tank truck parked overnight in a lot
containing more than a “residue” of oil.
Biodiesel and ethanol tanks
Farmers
Skid tanks – if aggregate capacity is over 1320
Who is Exempt?
• An underground storage tank facility that:
– Has no aggregate above ground storage of
1320 gallons or more, and
– Complies with all state and federal UST
regulations.
• A lube oil warehouse using containers less
than 55 gallon capacity.
• Card Lock with no AST capacity of 1320 or
more.
SPCC – Brief History
•
•
•
•
•
•
•
•
•
•
•
1973
2002
2003
2003
2004
2004
2006
2006
2007
2009
2010
– EPA issues first SPCC rule
– EPA issues revised SPCC rule
– EPA Sued by PMAA
– EPA extends SPCC compliance date
– EPA amends new SPCC rule (PMAA settlement)
– Compliance dates extended again
– EPA amends 2002 SPCC rule
– Compliance dates extended again
– EPA amends 2002 SPCC rule
– Final SPCC revisions issued
- Compliance deadline for the last time!
Why All the Changes?
• It’s a big universe of tanks and
components – one does not fit all.
• EPA goofed – failed not conduct small
business cost-benefit analysis on many
provisions in the SPCC rule.
• Changing regulatory philosophy.
– Clinton to Bush era
Why the Amendments are a Good
Thing.
• Compliance Flexibility
– Alternative procedures for compliance that are
“environmentally equivalent” (PE).
– Significant discretion to select compliance methods
(owner/operators).
• General secondary containment methods.
• Tank inspection.
• Facility security measures.
• Compliance Cost Savings.
Why are the Amendments a
Good Thing?
• Flexibility
– Clarification of the term “Loading Rack” for purposes of
complying with SPCC.
– Simplified SPCC plans for bulk plants with 10,000 gals or
less aboveground storage.
– Streamlined tank integrity testing for shop erected tanks
under 30,000 gallons.
– Flexible security requirements for bulk plants.
– Regulatory relief from secondary containment.
requirements for parked trucks.
– Do-it-yourself tank inspection.
Preparing an SPCC plan – Who does it?
• The owner/operator of the facility is ultimately
•
responsible for preparing an SPCC plan.
• You can draw up your own SPCC plan
But ………
• A professional engineer (PE) must review, certify
and sign it.
• Most PE’s do the whole thing.
• Exception
– Tier I Tanks
– Tier II Tanks
SPCC Plan – What’s in it?
General Requirements:
• General facility description (words and
diagram)
• Description of all spills within the past 12
months.
• Spill predictions – direction, rate of flow,
quantity.
• Containment and diversionary structures
• Alternative oil spill contingency plan.
SPCC PLANS – The Specifics
• Goal is to Stop Oil Spills
- Provide sized secondary containment
–
Planning for catastrophic leaks – containing the
capacity of the single largest bulk plant or cargo
tank compartment.
– Bulk tanks and loading racks

Dike or Remote Impoundment capable of
containing the capacity of the single largest
tank plus freeboard.

Earth or concrete.
SPCC PLANS – The Specifics
– Provide General Secondary Containment
– Planning for the “most likely” leak small leak
around a valve, hose coupling or fitting.
–
–
–
Transfer piping, couplings, hose connections
Parked trucks containing product.
Anywhere oil is transferred and there is no
sized secondary containment
SPCC PLANS – The Specifics
• General secondary containment (cont.)
– Active measures
– requires deployment of equipment.
• Absorbents.
• Booms or other portable containment devices.
– Passive measures.
– requires permanent installation of equip.
• Drip pans
SPCC PLANS – The Specifics
• Testing and Inspection
– Periodically inspect pipes and containers
• Visually for above ground pipes and tanks on
saddles or racks
• Leak test buried pipes when installed or repaired
• Integrity test tanks sitting on pads.
• How? Use Industry Standards
SPCC PLANS – Written Plans
• Develop and implement a written SPCC
plan that describes:
– Oil handling operations.
– Spill prevention practices.
– Discharge or drainage controls.
– Personnel, equipment and resources at the
facility that are used to prevent oil from
reaching navigable waters.
SPCC PLANS- Written Plans
• Elements of a written plan
– Operating procedures to prevent spills.
– Control measures (containment) to prevent oil
from reaching navigable waters.
– Counter measures to clean up and mitigate
spills that reach navigable waters.
SPCC PLANS – Attachments
• Attach to the written SPCC plan:
- Plot Drawing of Facility.
- Map location of Facility.
- Certification of Substantial Harm Criteria
Form. Basically any facility that stores
over 42,000 gallons and does overwater
transfers or any facility that stores over 1
million gallons near surface waters.
SPCC Plan – The Whole Package
• Elements of the SPCC plan
– Facility diagram and description.
– Oil discharge prediction.
– Appropriate containment and diversion
structures.
– Facility drainage.
– Site security.
– Facility inspection.
SPCC Plan - The Whole Package
– Tank and piping inspection.
– Oil transfer procedures and equipment.
– Loading and unloading procedures.
– Personnel training.
– Record keeping.
– Five year plan review.
– Management approval.
– PE certification.
SPCC Amendments
• New Compliance deadline.
–
All plans must be revised and all revisions
must be implemented by 11/10/11
• (2002)Exempt UST facilities.
–
Exempts any UST facility 42,000 gallons or less
of underground storage capacity or any
aggregate capacity over 42,000 gallons which
conforms with state and federal UST
requirements.
• Alternative methods of compliance.
–
Allows deviations in standards when equivalent
environmental protection is provided along
with justification (PE determines)
SPCC Rule Amendments
• New storage capacity threshold trigger.
– Establishes an aboveground storage capacity
threshold of more than 1,320 gallons and
removes the 660 gallon minimum capacity
triggering compliance with SPCC.
• New minimum container size.
– Exempts a container of less than 55 gallons
from counting towards 1320 gallon threshold
for compliance.
SPCC Rule Amendments
• (2002)New overfill requirements.
– Requires Overfill Prevention systems & alarms
to be installed in accordance with industry
standards and applicable fire codes.
– Overfill prevention must be inspected/tested at
regular intervals. Audible vent whistles can be
used at smaller tanks; or written directions for
operator to watch tank gauges during filling.
SPCC Rule Amendments
• New buried piping requirements.
–
All buried piping that is installed or replaced
after 8-16-02, must have protective coating
and wrapping and cathodic protection. State
standards may be stricter.
• New loading rack requirements.
–
Loading racks must be equipped with sized
secondary containment (“should” to “shall”)
SPCC Rule Amendments
• New facility diagram requirements.
–
The Facility diagram must include the location
of the USTs, type of oil in each AST and size,
surface flow, loading/unloading areas, &
aboveground piping;
• New streamlined security requirements
–
–
–
Tailor security to specific characteristics of
site – no one size fits all approach.
Owner operator discretion.
Lighting and fencing no longer required if:
SPCC Rule Amendments
• Secure control access to the facility.
• Secure master flow and drain valves.
• Prevent unauthorized access to starter
controls for oil pumps.
• Address appropriateness of lighting to
prevent vandalism and detect discharges.
SPCC Rule Amendments
• (2002) Review SPCC plan every five years
instead of every three years.
• Additional review only requires PE when
EPA/Technical Amendments are made.
Examples:
- Addition/Deletion of tank.
- Change in service of tank.
- Change in spill potential of facility.
SPCC Amendments
• (2002)Secondary containment systems
–
–
For bulk tanks, loading & unloading areas
and piping systems must be “sufficiently
impervious”.
PE determines what constitutes sufficiently
impervious using good engineering
practices.
SPCC Amendments
• Secondary containment – sizing
–
–
Includes freeboard allowance for rain.
Sufficient freeboard allowance is a 25 year
storm.
• Employee training.
• Now limited to oil-handling employees.
• Records
–
Copy of SPCC plan must be at facility
operated (manned) 4 hours a day (not 8).
SPCC Amendments
• Streamlined Integrity Testing –
–
Tank, piping & valves must undergo integrity
testing at regular intervals & when repaired.
–
“The PE may use STI SP001 “Standard for
the Inspection of Aboveground Storage
Tanks for testing and inspection standards.
For a copy contact STI, 944 Donata Court,
Lake Zurich, IL 60047, phone-847/438-8265,
www.steeltank.com
SPCC Amendments
• (2002)Integrity testing for tanks sitting on
the ground or cement pad
– Integrity testing that combines visual
inspection with placement of a barrier
between the container and the ground in a
way that ensures that any leaks are
immediately detected, is permitted in place of
visual inspection plus some other form of
integrity testing. EX. synthetic liner.
SPCC Amendments
•
Integrity Testing Methods for tanks sitting on the
ground continued.
–
Test or inspect each aboveground container
for integrity on a regular schedule and
whenever you make material repairs….
Examples of these integrity tests include, but
are not limited to: visual inspection,
hydrostatic testing, radiographic testing,
ultrasonic testing, acoustic emissions testing,
or other systems of non-destructive testing.
SPCC Amendments
• Integrity Testing for tanks on racks or saddles
(PMAA Lawsuit):
• Visual inspections alone are permitted where a
shop built tank with a capacity of 30,0000 gal or
less is elevated off the ground, in a manner that
decreases corrosion potential and makes ALL sides
and bottom of the tank visible for inspection.
• Owners/operators may self inspect if using a
methodology approved by a professional engineer
SPCC Amendments
Tank Integrity testing (cont)
• Two methods of compliance –more flexibility.
– You can use an EPA recommended methods such
as API 653 or STI-SP001, OR
– You can use an alternative method of compliance,
(a method not included in the rule).
2008 SPCC Amendments
• Tank Integrity Testing (cont.)
– If you use a recommended method of compliance, you are
not required to have the approval of a PE or a justification in
your SPCC plan as to why this method is "equally protective
of the environment".
– If you use an alternative method of compliance, you must
have approval of the PE and justification in your SPCC plan
that the method is "as equally protective of the
environment" as the recommended method of compliance
that you are replacing.
2008 SPCC Amendments
• New Definition of “Facility”
– Owner/operator has discretion to which
contiguous or non contiguous building or
structures make up the “facility”
– Allows owner/operator to separate or
aggregate containers to determine facility
boundaries and applicability of SPCC
2008 SPCC Amendments
• New Definition of “Loading/unloading
Rack”
– “Loading/unloading rack” means a fixed
structure (such as a platform or
gangway)necessary for loading or unloading a
tank truck or rail tank car that is located at an
SPCC facility
– Loading/unloading rack includes the loading
arm and any combo of the following:
– Piping, valves, pumps, shut-off devices, overfill sensors
or personal safety devices.
2008 SPCC Amendments
• Definition of Loading/unloading rack cont:
– Equipment present at a loading/unloading
rack where a pipe stand connects to a cargo
tank vehicle or rail car is not considered a
loading or unloading rack for purposes of
compliance with SPCC regulations
– The new definition clarifies the limits of the
loading/unloading rack area where sized
secondary containment is required
SPCC Amendments
• Tier I Facilities
– Streamlined SPCC Plans for Bulk Plants with
10,000 gallons or Less Capacity and no Single
Tank greater than 5000 gallons.
– Owners/operators may draft and self certify SPCC
plans or use a generic template.
– Tier I facilities are not required to comply the
following SPCC provisions: loading racks, facility
diagrams or descriptions, brittle fracture.
SPCC Amendments
• Tier I Facilities (cont)
– Evaluation, facility drainage, facility transfer
operations, and effluent treatment facility
– Involvement of a Profession Engineer is not
required for Tier I facilities
– EPA plan template for Tier I facilities can be
downloaded at:
– http//www.epa.gov/emergencies/content/spcc/index.htm
SPCC Amendments
• Tier II Facilities
– Tier II facility is a bulk plant with 10,000 gal or
less of storage with a single tank over 5000 gal y
– Owner/operators are permitted to draft and self
certify Tier II facility plans
– However, any deviations from the SPCC
provisions must be certified by a professional
engineer
– EPA template for Tier I facility may not be used
SPCC Amendments
• Security Requirements.
– Revisions amend existing SPCC security
requirements.
– Security requirements may now be based on
the individual characteristics of the site.
– Facility fencing, 24-hour monitoring, lighting
etc not required if:
SPCC AMendments
• Security Continued:
– Secure and control access to oil handling,
process and storage areas.
– Secure master flow and drain valves.
– Prevent unauthorized access to starter control
and pumps.
SPCC Amendments
• Security Continued:
– Secure out-of-service loading and unloading
connections of pipelines, and
– Address appropriateness of security lighting to
prevent acts of vandalism and the discovery
of oil discharges.
– EPA will find any bulk plant out of compliance
if owner does not use reasonable discretion in
selecting security methods.
SPCC Amendments
• Parked Cargo Tank Vehicles
– Not technically an amendment – new rule.
– PMAA requested relief from sized secondary
containment requirements for cargo tanks
containing product parked overnight at bulk
plant facilities.
– Sized Secondary containment requires
SPCC Amendments
• Parked Cargo Tank Vehicles cont.
– Containment of the volume from the single
largest compartment of truck
– Requires dikes and berms
– Few comply with secondary containment for
parked vehicles
– EPA stepped up enforcement of this costly
requirement
– NEFI asked for regulatory relief
SPCC Amendments
• Parked Cargo Tank Trucks cont.
– EPA agreed with NEFI and now allows for
general secondary containment for parked
cargo tank vehicles
– General secondary containment requires only
that the “most likely” release be addressed
such as a leaky valve
– Drip pans and absorbents not dikes and
berms
SPCC Amendments
• Parked Cargo Tank Trucks cont.
– EPA is not putting a limit on how long a cargo
tank may be parked before it is subject to
sized secondary containment as permanent
storage.
– Don’t push it! 2-3 days max then move it!
Compliance Schedule
• Bulk Plant Operators must revise SPCC
plans and implement changes in plans no
later than November 11, 2011.
Where do I go from here?
• Do not delay.
• Find a professional engineer that
specializes in SPCC.
• Obtain any necessary permits from local
government.
• Line up contractors now.
Where do I go from here?
• REMEMBER!
• The professional engineer has enormous
flexibility regarding alternative methods
for compliance. Methods that could save
you time and money. Make sure you hire
a PE that understands the built-in
flexibility of the SPCC rule.
Contact Information
Mark S. Morgan, Esq.
PMAA Regulatory Counsel
(202) 364-6767
mmorgan@pmaa.org