SPILL PREVENTION, CONTROL AND COUNTERMEASURE
(SPCC) – 40 CFR 112
Policy and Procedure for the EPA SPCC rule.
OBJECTIVE:
As a measure to control oil from being introduced into navigable waters
of the United States and adjoining shorelines, the EPA has developed
the Spill Prevention, Control, and Countermeasure (SPCC) rule. The
SPCC rule provides guidelines for facilities so that they can meet the
requirements of the Clean Water Act; section 311.
INTODUCTION:
Before a facility is subject to the SPCC rule, it must meet three criteria:
1. Must be non-transportation-related;
2. Must have an aggregate aboveground storage capacity greater
than 1,320 gallons or a completely buried storage capacity
greater than 42,000 gallons; and
3. There must be a reasonable expectation of a discharge into or
upon navigable waters of the United States or adjoining
shorelines.
EPA’s guidance lists the following factors to consider in determining
whether there is reasonable expectation of discharge:
1. Whether a past discharge of oil reached a navigable water or
adjoining shoreline, which indicates that another could be
reasonably expected;
2. Whether the facility is adjacent to navigable waters and a discharge
to the navigable waters could be reasonably expected;
3. Whether on-site conduits, such as sewer lines, storm sewers, and
certain underground features (e.g. power or cable lines, or
groundwater) could facilitate the transport of discharged oil off-site
to navigable waters;
4. Whether a unique geological or geographic feature would facilitate
the transport of discharged oil off-site to navigable waters;
5. Whether the facility is near a watercourse and intervening natural
discharge;
6. Whether precipitation runoff could transport oil into navigable
waters; and
7. The quantity and nature of oil stored.
DEFINATIONS:
November 26, 2008 the EPA restored its original 1973 definition of
“navigable waters” as follows:
1. All navigable waters of the United States as defined in judicial
decisions before passage of the 1972 Amendments to the CWA and
tributaries of such waters;
2. Interstate waters;
3. Interstate lakes, rivers, and streams that are utilized by interstate
travelers for recreation or other purposes; and
4. Interstate lakes, rivers, and streams from which fish or shellfish are
taken and sold in interstate commerce.
Discharge of Oil Regulation Overview – The regulation establishes the
criteria for determining whether an oil spill may be harmful to public
health or welfare, thereby triggering the reporting requirements, as
follows:



Discharges that cause a sheen or discoloration on the surface of a
body of water;
Discharges that violate applicable water quality standards; and
Discharges that cause a sludge or emulsion to be deposited beneath
the surface of the water or on adjoining shorelines.
Oil Discharge Reporting requirements – What are the oil discharge
reporting requirements in the SPCC rule? Any facility owner/operator
who is subject to the SPCC rule must comply with the reporting
requirements found in §112.4.
A discharge must be reported to the EPA Regional Administrator (RA)
when there is a discharge of:


More than 1,000 U.S. gallons of oil in a single discharge to navigable
waters or adjoining shorelines.
More than 42 U.S. gallons of oil in each of two discharges to
navigable waters or adjoining shorelines occurring within any
twelve-month period.
When determining the applicability of this SPCC reporting requirement,
the gallon amount(s) specified (either 1,000 or 42) refers to the amount
of oil that actually reaches navigable waters or adjoining shorelines, not
the total amount of oil spilled.
EXPLANATION:
Concordia University Chicago is not a transportation-related facility. It
has an aboveground aggregate oil capacity of approximately 2,000
gallons, with a buried capacity of 41,300 gallons.
Upon carefully investigating the requirements that would designate
CUC as a regulated SPCC facility, it is our conclusion that we do not
meet the third criteria of the requirements (i.e. “There must be a
reasonable expectation of a discharge into or upon navigable waters of
the United States or adjoining shorelines.”).
This decision is based on information gathered on-line and provided by
the EPA, National Response Center (NRC), and the United States Coast
Guard Marine Safety Office (see DEFINATIONS). Additional
considerations used were input regarding the campus drainage and
sewer systems; the area topography as related to the nearest navigable
waters; and the fact that any single aboveground oil spill would not be
sufficient enough to meet reporting requirements.
Adopted: 9/6/2011
Latest Review: 12/22/2014