To prevent potentially devastating effects on our environment from oil spills, the United States Environmental Protection Agency (USEPA) has put in place robust measures through its oil spill prevention program. Central to this effort are the Spill Prevention, Control, and Countermeasure (SPCC) rule and the Facility Response Plan rule. The SPCC rule ensures that facilities take proactive steps to prevent oil spills into navigable waters and adjoining shorelines by developing, maintaining, and implementing comprehensive SPCC Plans. At EHS Support, we help various industries determine applicability of the SPCC rule and develop and implement SPCC Plan requirements. Below, we answer some of the most common questions we regularly receive about SPCC Plans.
Who needs an SPCC Plan?
Facilities that store, transfer, use, or consume oil and oil products, and have an aggregate aboveground storage capacity greater than 1,320 gallons (contained within 55-gallon or larger containers) or a completely buried storage capacity greater than 42,000 gallons.[1]
How often does an SPCC Plan need to be reviewed and updated?
The SPCC Plan must be reviewed and re-certified at least once every five years either by management or by a licensed Professional Engineer (PE) and should be reviewed annually by all emergency personnel during their annual training. It should also be amended and re-certified whenever there is a change in facility design, construction, operation, or maintenance that affects the potential for a discharge.[1]
What material changes may require SPCC Plan amendments?
USEPA mandates that any material change may require technical amendments to an SPCC Plan. A few examples of material changes include:
- Commissioning new or decommissioning old oil storage containers
- Replacing, reconstructing, or moving oil storage containers, including any changes to a container that could lead to failure
- Piping system installation, reconstruction, or replacement
- Activities that could impact secondary containment such as construction or demolition.
- Product and/or services changes, especially those that add additional hazards or increase the potential for fire and explosion
- Procedural changes to operation and/or maintenance [2]
A material change does not include:
- Administrative updates, such as changes in contact information or personnel
- Changes in company name or ownership as long as they do not significantly alter the operation or maintenance of the facility in a way that could increase the risk of a discharge.[3]
- Updates to non-technical procedures or policies
- Minor maintenance activities that do not alter the facility’s design or operation
- Replacement of a container identical in quality, capacity, or number, unless it increases the total storage capacity
- Changing contents of the container in kind (e.g., replacing one grade of gasoline with another may not increase hazards or discharge potential)
Can a building’s walls and floors count as adequate secondary containment under the SPCC rule?
As with other types of portable and fixed secondary containment, a building’s walls and floors must be able to contain the contents from an oil storage container should a release occur. Additionally, thresholds placed near doorways can help to prevent migration of oil outside of a room or building.
Some examples of insufficient secondary containments could include containers stored near exterior doors or floor drains or damaged walls or floors, particularly in metal-sided buildings. Recently, we observed several 55-gallon drums of motor oil stored in a metal-sided building that was damaged by a forklift, creating a gap between the wall and floor.
What are the minimum requirements for periodic tank inspections?
All aboveground storage tanks (ASTs) that are 55 gallons or larger are inspected on a monthly and annual basis. All shop-built tanks and smaller field-erected tanks (with a maximum height of 50 feet and/or a maximum diameter of 30 feet) that meet Steel Tank Institute (STI) Category Tank Type thresholds are integrity tested on a regular basis and when material repairs are made.
The three STI Category Tank Types are:
- Category 1: ASTs with spill control and continuous release detection method (CRDM).
- Category 2: ASTs with spill control and without CRDM.
- Category 3: ASTs without spill control and without CRDM.
For larger field-erected ASTs, refer to American Petroleum Institute (API) Standards, not STI SP001, and consult with a certified API 653 Inspector.
What types of tanks are commonly excluded from periodic tank inspections?
- Emergency generator belly tank or “on-board” fuel tank
- Mobile refuelers
- Double-wall tanks
A double-wall tank system has two tanks (i.e., an inner tank enclosed by an outer tank) with an interstitial space between. The interstitial space acts as a barrier to prevent leaks or spills from the inner tank releasing to the environment. The exterior tank is often inspected visually, as required by the regulations; however, industry standards require the entire system to be inspected periodically. Double-wall tank systems without interstitial leak detection must include the interstitial space in periodic inspections.
Does the PE certifying the SPCC Plan need to be licensed in the facility’s state?
Under many state laws, the preparation and certification of an SPCC Plan by a PE is within the scope of engineering; therefore, the PE who is responsible for the preparation and certification of the SPCC Plan is required to be licensed in the state in which the facility is located. The National Society of Professional Engineers provides links to each state’s licensing board.[4]
Does my facility require a PE Certified SPCC Plan?
There are three main types of SPCC Plans, each tailored to different facility sizes and oil storage capacities:[5]
- Tier I SPCC Plan
- This plan applies to facilities with aboveground oil storage capacity between 1,320 gallons and 10,000 gallons, with no single tank exceeding 5,000 gallons.
- This plan is the simplest plan format and can be self-certified by the facility owner or operator. The USEPA provides a template on its website;[6] however, it’s advisable for companies to consult someone well-versed in the SPCC rule when preparing the plan.
- Tier II SPCC Plan
- This plan is for facilities with an aboveground oil storage capacity between 1,320 gallons and 10,000 gallons with at least one tank exceeding 5,000 gallons.
- This plan is more detailed than its Tier I SPCC Plan counterpart, but it also can be self-certified by the facility owner or operator.
- PE-certified SPCC Plan
- This plan is required for facilities with an aboveground oil storage capacity over 10,000 gallons, if the facility has experienced a spill, or if it deviates from standard regulations.
- This plan must be reviewed and certified by a PE who is typically licensed in the state where the facility is located (see previous question “Does the PE certifying the plan need to be licensed in the facility’s state?”)
Understanding and implementing the SPCC rule is critical for facilities handling oil products to avoid environmental damage and regulatory penalties. For specific needs, consulting with a knowledgeable expert can streamline the process and ensure thorough adherence to USEPA regulations. For more questions about the SPCC rule, reach out to Sara Hlatky.
References
[1] USEPA. 2024. Oil Spills Prevention and Preparedness Regulations: Spill Prevention, Control, and Countermeasure (SPCC) for the Upstream (Oil Exploration and Production) Sector. February 15. https://www.epa.gov/oil-spills-prevention-and-preparedness-regulations/spill-prevention-control-and-countermeasure-19
[2] Condon, Clare. 2013. Material Changes May Require SPCC Plan Amendments. Retrieved on August 21, 2024. https://ehsdailyadvisor.blr.com/2013/12/material-changes-may-require-spcc-plan-amendments/
[3] USEPA. 2024. Oil Spills Prevention and Preparedness Regulations: SPCC change in ownership. June 5. https://www.epa.gov/oil-spills-prevention-and-preparedness-regulations/spcc-change-ownership
[4] Licensing Boards | National Society of Professional Engineers (nspe.org)
[5] SPCC Qualified Facility Fact Sheet (epa.gov)
[6] Tier I Qualified Facility SPCC Plan Template | US EPA
