Spill Prevention Countermeasure and Control

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Overview of Spill Prevention Countermeasure and Control Rule

• In December 2008, the Bush Administration released its final SPCC rule.  The Obama Administration reconsidered the rule, made minor adjustments (none of which substantively affect requirements for farms), and issued a final rule with an effective date of January 14, 2010
• All facilities, including farms, must be in compliance with the rule by November 10, 2011
• Summary of SPCC requirements for farms:
  • Owner/operator of farm is subject to SPCC requirements if:
    • Above ground oil storage capacity greater than 1320 US gallons (derived from fact that containers of 660 gallons was normal domestic code size for non-buried heating oil containers in 1973 when original rule to issued, and buildings may have 2 containers)
    • Buried oil storage capacity of 42,000 gallons  
    • Store, transfer, use, or consume oil or oil products; and
    • Could reasonably be expected to discharge oil to US navigable waters or shorelines
      • When determining whether there is a reasonable expectation of discharge, owner/operator may consider the nature and flow properties of the oils
      • If it is determined that there is a reasonable expectation that there may be a discharge for any single container, the all containers at facility are subject to SPCC
  • Requires farms, except in certain circumstances, to have Facility Response Plan certified by professional engineer that details equipment, workforce, procedures, and training to prevent, control and provide adequate counter measures in the event of an oil discharge
  • Any facility that has aggregate above ground storage capacity of 10,000 gallons or less can self-certify its SPCC plan, as long as for a period of 3 years prior to certification the facility did not have a single discharge exceeding 1000 gallons, or 2 discharges each exceeding 42 gallons within any 12 month period.  Such a facility is known as a “Tier II qualified facility.”
  • If a facility meets the criteria of a “Tier II qualified facility” and also has no individual above ground oil storage containers with a capacity greater than 5,000 gallons, the facility is a “Tier I qualified facility” which has the option of self certifying by completing an SPCC plan template that EPA developed.
  • Farms with higher than 10,000 gallon aggregate capacity must prepare a PE-certified plan
  • Owner/operator has discretion in identifying which contiguous or noncontiguous buildings, properties, parcels, leases, structures, installations, pipes make up the “facility”
  • Rule requires that facilities have SPCC plan for “oil filled operational equipment” including hydraulic systems, lubricating systems, gear boxes, machining coolant systems, heat transfer systems, transformers, circuit breakers, electrical switches, and other systems containing oil solely to enable its operation.
  • Facilities that have “mobile refuelers” are also required to have a plan.  The definition of mobile refueler is “a bulk storage container onboard a vehicle or towed, that is designed or used solely to store and transport fuel for transfer into or from [farm machinery].”  This definition includes nurse tanks.  Mobile refuelers are exempt from sized secondary containment requirements applicable to bulk storage containers.
  • Containers (55 gallons or more) that store oil prior to mixing it with a pesticide, and containers used to store pesticides that contain oil, are regulated by SPCC.  However, pesticide application equipment and related mix containers are exempt.
  • “Oil” means oil of any kind or in any form, including but not limited to: fats, oils, or greases of animal, fish or marine mammal origin; vegetable oils, including oils from seeds, nuts, fruits, or kernels; and, other oils and greases, including petroleum, fuel oil, sludge, synthetic oils, mineral oils, oil refuse, oil mixed with wastes.  These rules do not apply to milk containers.
  • Compliance dates
    • Farms that were in operation on or before August 16, 2002 must maintain the SPCC plan and make any necessary amendments to the plan and fully implement it by Nov 10, 2011.
    • Farms that came into operation after 8/16/02, but before 11/10/11, must prepare and fully implement an SPCC plan by 11/10/11
    • Farms that become operational after 11/10/11 must prepare and implement plan before beginning operations.