If your facility uses and/or stores oils, you might need a Spill Prevention, Control, and Countermeasure (SPCC) Plan. This requirement can catch businesses in the food and beverage industry off guard. Many think of “oil” only in terms of petroleum, while the United States Environmental Protection Agency (USEPA) has a broader definition that includes animal fats, vegetable oils, and greases.[1]
This guide will clarify SPCC regulations for food and beverage facilities, including breweries, wineries, and distilleries. It will explain what an SPCC Plan is, who needs one, and the specific requirements for your industry. Understanding these rules is important for staying compliant, protecting the environment, and avoiding expensive fines.
What Is an SPCC Plan and Who Needs One?
An SPCC Plan is a USEPA federal regulation under 40 Code of Federal Regulations (CFR) Part 112. Its primary purpose is to prevent oil discharges from reaching navigable U.S. waters or adjoining shorelines and to ensure effective measures are in place to respond if a spill occurs. This regulation applies to the following:
- Any facility that stores 1,320 gallons or more of oil in aboveground containers (55 gallons or larger)
- Any facility that stores 42,000 gallons or more in underground containers that are not already regulated by underground storage tank (UST) rules
To trigger the need for a plan, your facility must meet one of these storage thresholds AND have a reasonable expectation that oil could reach navigable waters through storm drains, ditches, or overland flow.
Oil in the Food and Beverage Industry
USEPA’s broad definition of “oil” is crucial for the food and beverage sector. It doesn’t just include petroleum or crude oil but also animal fats and vegetable oils. Common oil sources in this industry include:
- Frying oils and shortening
- Vegetable crop oil
- Margarine, butter, and other dairy fats
- Hydraulic oils, waste oils, and food-grade lubricants for machinery
- Any of the above oils mixed with waste
The most common oil sources at breweries and distilleries are hydraulic oil, waste oils, and food-grade lubricants. The two most used food-grade lubricants are:
- H1 – Used in equipment and machinery that may incidentally encounter food/beverage products. H1 lubricants are typically found in compressors and pumps.
- H3 – Used in applications that come in direct contact with food/beverage products. H3 lubricants are typically found in coating products.
Hydraulic oils, waste oils, and lubricants can commonly be found in production equipment and used to maintain machinery. This kind of use often results in waste oil that needs to be managed properly. Many food and beverage facilities, including breweries and distilleries, easily exceed the 1,320-gallon storage threshold, making an SPCC Plan necessary.
Types of SPCC Plans
The type of SPCC Plan your facility needs depends on your total oil storage capacity and the size of your largest container.
Tier I Qualified Facility: Your facility may qualify for a Tier I plan if you have a total aboveground storage capacity of less than 10,000 gallons and no single container larger than 5,000 gallons. Tier I plans allow you to use a self-certification template provided by USEPA.
Tier II Qualified Facility: If your total storage capacity exceeds 10,000 gallons and/or you have a single container of 5,000 gallons or larger, you need a Tier II plan. This plan is more comprehensive and must be certified by a licensed Professional Engineer (P.E.).
The SPCC Plan must be maintained at the facility if manned 4 hours per day or more. If the facility is unmanned, the SPCC Plan must be maintained at the nearest field office and available to be provided to agency personnel upon request.
Key Elements of an SPCC Plan
An effective SPCC program is built on three fundamental goals: operating procedures, control, and countermeasures. A comprehensive SPCC Plan outlines the specific procedures and infrastructure your facility uses to meet the program’s goals.
Operating Procedures:These are the written, day-to-day actions your team takes to prevent spills. Some examples of these procedures include developing and following a predetermined, written procedure for filling tanks to prevent overspills, using automated systems that trigger alarms when a tank is nearing capacity rather than relying solely on manual monitoring, ensuring all tank fill pipes are capped and locked when not in use, and developing specific protocols for the safe transfer of oil, including proper bonding and grounding and the use of trained personnel.
Control Measures: These measures include components that are installed to prevent oil from reaching navigable waters. One critical component is secondary containment, which includes structures like dikes, berms, double-walled tanks, or spill pallets. The general rule is that containment must be large enough to hold the entire capacity of the largest container plus additional volume for precipitation (often called the “110 percent rule”).
Countermeasures:These measures are implemented to contain, clean up, and mitigate the effects of an oil spill. Some examples include having cleanup and spill equipment availability on-site, as well as an available list of contacts and phone numbers for reporting spills and coordinating cleanup services.
Training Requirements
All personnel who handle oil must receive annual training. This training must cover:
- Equipment operation and maintenance
- Spill response procedures
- Applicable pollution control laws and regulations
- The contents of your site-specific SPCC Plan
- A review of any past spills or equipment failures
An individual who is to be accountable for discharge prevention and who reports to facility management must also be designated and trained at each facility.
Regular Inspections: The Key to a Successful SPCC Program
The SPCC rule requires inspections of aboveground containers; however, it does not prescribe a specific frequency of methodology for performing the required inspections. The rule is a performance-based regulation that relies on good engineering practices and industry standards. The goal is for the facility to inspect each container to one or a combination of the two applicable industry standards or design your own with the help of a Professional Engineer.
Two commonly used inspection standards for aboveground bulk storage are:
- American Petroleum Institute Standard 653: For large, field-erected tanks.
- Steel Tank Institute SP001: For welded, metal, shop-fabricated, and small field-erected tanks, as well as 55‑gallon drums and intermediate bulk containers.
Whether inspecting large tanks, portable containers, or emergency generators, here are some items to consider.
Aboveground Storage Tanks:
- Is the tank exterior free of visible leaks?
- Is the area around the tank (concrete surfaces, ground, containment, etc.) free of visible leakage?
- Is the tank shell and/or supports free of water?
- Is the secondary containment free of liquid, debris, cracks, corrosion, and erosion?
- Are all labels intact and legible?
- Is the concrete pad free of cracking and spalling?
- Are normal and emergency vents free of obstruction?
Portable Containers:
- Are all portable containers within a designated storage area?
- Is the secondary containment and storage area free of excess liquid, debris, cracks, and fire hazards?
- Is the container free of distortions, buckling, denting, or bulging?
Emergency Generators:
- Is the housing unit free of debris and storage?
- Is there water in the fuel tank, as sometimes the doors are not latched properly?
- Did you use water-finding paste and a folding ruler?
- Did you check for battery acid corrosion?
- Did you look for undercutting of the concrete foundation?
It is also important to note that an inspection by a certified inspector is required if a tank is damaged by fire, a natural disaster, or significant impact, like being hit by a forklift.
Building a Culture of Prevention
For the food and beverage industry, complying with SPCC regulations is not just about avoiding fines—it’s about responsible stewardship of the environment. By understanding your facility’s specific risks and implementing a robust plan, you can protect local waterways and build a resilient operation.
If you are unsure where to begin or need assistance developing a P.E.-certified plan, our team of compliance specialists at EHS Support can provide clarity and ensure your facility meets all federal requirements. Contact Jessica Myer or Sara Hlatky to learn more.
Check out this project summary where we worked on a SPCC Plan and Stormwater Pollution Prevention Plan for California-based wineries and vineyards – SPCC Plan & Stormwater Pollution Prevention Plan – California Winery & Vineyards | EHS Support
References:
[1] What types of oil does the SPCC Rule address? | US EPA
