Revised Spill Prevention, Control, and Countermeasure (SPCC) Guidance for Regional Inspectors
In accordance with
the Oil Pollution Prevention regulation at 40 CFR part 112, the U.S.
Environmental Protection Agency (EPA) requires certain facilities to prepare,
amend, and implement Spill Prevention, Control, and Countermeasure (SPCC)
Plans. The regulation is largely performance-based, which allows flexibility in
meeting the rule requirements to prevent discharges of oil to navigable waters
or adjoining shorelines. The SPCC rule was promulgated in 1973, with
significant amendments published in 2002. EPA finalized additional revisions in
2006, 2008, 2009, and 2011. EPA developed this guidance to assist regional
inspectors in implementing the SPCC program and in understanding its
applicability, and to help clarify the role of the inspector in reviewing a
facility’s implementation of performance-based flexibility provisions, such as
environmental equivalence and impracticability.
SPCC
Background
The Oil Pollution Prevention regulation promulgated under the
authority of §311 of the Federal Water Pollution Control Act, or Clean Water
Act (CWA) sets forth requirements for prevention of, preparedness for, and
response to oil discharges at specific non-transportation-related facilities.
To prevent oil from reaching navigable waters or adjoining shorelines, and to
contain discharges of oil, the regulation requires these facilities to develop
and implement SPCC Plans and establishes procedures, methods, and equipment requirements.
Purpose
and Scope
Subparts A through C of 40 CFR part 112 are often referred to as the
“SPCC rule.” Focusing primarily on facility-related oil spill prevention,
preparedness, and response, the SPCC rule is designed to protect public health,
public welfare, and the environment from potential harmful effects of oil
discharges to navigable waters or adjoining shorelines. The rule requires
certain facilities that could reasonably be expected to discharge oil in
quantities that may be harmful into navigable waters of the United States or
adjoining shorelines to develop and implement SPCC Plans. The Plans ensure that
these facilities put in place containment, controls, and countermeasures that
will prevent oil discharges. The requirements to develop, implement, and revise
the SPCC Plan, as well as train employees to carry it out, allow owners and
operators to achieve the goal of preventing, preparing for, and responding to
oil discharges that threaten navigable waters and adjoining shorelines.
Part 112 also includes requirements for Facility Response Plans (FRPs)
that address oil discharge preparedness requirements for a subset of
SPCC-regulated facilities. These requirements define who must prepare and submit
an FRP and what must be included in the Plan, and are found in Subpart D of 40
CFR part 112 (and related appendices). These requirements are often referred to
as the “FRP rule.”P2P Although the SPCC and FRP rules are related, this guidance
specifically covers the prevention requirements of the SPCC rule (40 CFR part
112, subparts A, B, and C).
In August 2013, EPA
revised the SPCC Guidance for Regional Inspectors which is intended to
assist regional inspectors in reviewing a facility's implementation of the
Spill Prevention, Control, and Countermeasure (SPCC) rule at 40 CFR part 112. This guidance document is also
available to owners and operators of facilities that may be subject to the
requirements of the SPCC rule, and the general public on how EPA intends the
SPCC rule to be implemented. The document is designed to provide a consistent
national policy on several SPCC-related issues.
This guidance is a
living document and will be revised, as necessary, to reflect any relevant
regulatory amendments. Additionally, EPA welcomes comments from the regulated
community and the public on the guidance.
The Spill Prevention, Control, and Countermeasure (SPCC) rule requires that owners conduct tank inspection, evaluation, and testing to ensure tank integrity and help to predict and prevent oil discharges. Today, we will review some of the general aspects an inspector will zero in on, and tomorrow, we will review more specific aspects inspectors will be watching for.
1) A complete SPCC Plan that contains a description of “the scope and schedule of inspection, evaluation, and testing to be performed on bulk containers.” In its SPCC Guidance for Regional Inspectors, the EPA references the following sections of 40 CFR 112 that address specific requirements at all or certain facilities:
·
112.3(d)(1)(iv)—requires
that procedures for required inspections and testing have been established for
all covered facilities;
·
112.7(e)—defines
general requirements for inspections, tests, and recordkeeping for all covered
facilities;
·
112.8(c)(6)—defines
tank integrity testing and inspection requirements for onshore facilities
(excluding production facilities);
·
112.9(c)(3)—defines
visual inspection requirements for onshore oil production facilities (excluding
drilling and workover facilities); and
·
112.12(c)(6)—defines
tank integrity testing and inspection requirements for facilities that store
animal fats and oils and greases, fish and marine mammal oils, and vegetable
oils, including oils from seeds, nuts, fruits, and kernels (AFVO).
Tank owners should also reference any applicable industry inspection standards used in their SPCC plans.
2) A complete description of equivalent programs developed by a professional engineer (PE), such as a hybrid inspection program. Inspectors will need to verify the following:
·
That the
program is being implemented at the facility;
·
That a
clear rationale is provided for the environmental equivalency, including how it
deviates from applicable industry standards or that no industry standards
exist;
·
That the
equivalent program meets the minimum requirements for a hybrid program provided
in Section 112.7(a)(2);
·
That the
scheduling of integrity testing is such that it ensures implementation of any
schedule associated with Section 112.7;
·
That the
rationale is provided for any inspection schedule that extends beyond the
frequency identified in applicable inspection standards (particularly if no
baseline exists for the tanks); and
·
That the
program has been developed by a PE in accordance with good engineering
practice.
3) Records of visual
inspections and integrity testing as defined in Section 112.7(e):“You must keep these written procedures and a record of the inspections and tests, signed by the appropriate supervisor or inspector, with the SPCC Plan for a period of 3 years. Records of inspections and tests kept under usual and customary business practices will suffice for purposes of this paragraph.”
Inspectors will want to see that the written procedures and records are signed by the appropriate supervisor or inspector and maintained for a period of 3 years (or 5 years for Facility Response Plan (FRP) holders). Industry standards may advise that records of certified inspections and non-destructive testing be retained for the life of the container.
4) Checklists used are in accordance with the certified SPCC Plan. The SPCC rule provides for the use of industry standards, which may include checklists for different inspection and testing activities. The inspector will want to compare the checklists that are actually used with those described in the facility’s SPCC Plan. Examples of tank inspection checklists can be found in industry standards such as STI SP001 from the Steel Tank Institute, as well as in Appendix F of 40 CFR 112 (note that while this appendix deals with FRPs, the checklist can be used for SPCC plans as well).
5) Recommended or required actions resulting from inspections and tests are completed and documented. For example, if the tank integrity evaluation/testing report recommends and/or requires repairs necessary to prevent a discharge, the inspector will need to see documentation confirming that the repair was completed or describes the rationale for why the repair was not performed.
