SPCC Rules and 2002 Revisions

Based on a workshop sponsored by PTTC's South Midcontinent Region in Smackover, Arkansas on August 10, 2005.

BOTTOM LINE

Any non-transportation facility that can store over 1,320 gallons of oil that, if spilled, could conceivably be harmful to the navigable waters of the U.S. and its tributaries must complete and comply with a Spill Prevention, Control, and Countermeasure (SPCC) plan filed with and enforced by the Environmental Protection Agency.

PROBLEM ADDRESSED

The problem addressed is the prevention of spilled oil damage to essentially any flowing body of water and the remediation of that damage if it does occur. The Clean Water Act of 1972 mandates that the owner/operator of all qualifying non-transport facilities must prepare and file an SPCC plan with the EPA that provides for facility design, maintenance, training and inspections to minimize the likelihood of an oil spill, containing it on-site if one does happen, and provides steps for remediation if it leaves the facility.

KEY WORDS:

Containment, Discharge, Facility; Spill Prevention, Control, and Countermeasures; Storage container, U.S. Navigable waters

SPEAKERS:

Michael W. Schmidt, Regulatory Solutions Inc.

TECHNOLOGY OVERVIEW

Introduction to SPCC
Born of the Clean Water Act of 1972, the Oil Pollution and Prevention rules went into effect as the Spill Prevention, Control, and Countermeasure (SPCC) rule. The purpose is to use best practices to prevent oil spills into any water that could find its way into U.S. navigable waters, control the oil if it is spilled, and remediate any damage done if it gets into the navigable waters. It was tightened up in 2002, but compliance of the changes will not be required until February, 2006.

The Rule applies to the owner, or operator if leased, of any non-transportation facility with oil storage, whether it is drilling, refining, processing, or even consuming oil that could reasonably be expected to discharge that oil in harmful quantities to navigable waters. It applies to above ground storage capacity of 1,320 gallons or more stored in 55 gallon or larger containers, or completely buried storage in excess of 42,000 gallons. It doesn't apply to transportation facilities such as trucks or trains, which are covered under other rules, nor does it apply to wastewater treatment facilities.

Definitions
Definitions that help define the Rule include:

• Discharge - any spillage, leakage, pumping, dumping, or emitting of oil
• Oil - oils of all form including, fats from animals and fish, vegetable, and all forms of Petroleum and petroleum derivatives or petroleum mixed with other wastes
• Facility - any mobile or fixed, onshore or offshore building, structure, installation, pipe, or pipeline that drills, processes, transfers or distributes oil
• Navigable Waters - includes the ocean and all impoundments of waters otherwise defined as waters of the U.S., all tributaries of those waters and adjacent wetlands
• Wetlands - areas saturated by surface or groundwater frequently enough to support vegetation typically adapted for life in saturated soil conditions
• Adverse Weather - weather conditions that make it difficult for response equipment and personnel to clean up or remove spilled oil, such as waves or ice
• Worst Case Discharge - the largest foreseeable discharge in adverse weather conditions made by an on-shore non-transportation related facility
  Analysis and Explanation of the Rules

Section 1 defines what facilities are required to have a plan, as described above. The likelihood of a spill reaching "navigable waters" is dependent on the volume, distance land contours and other physical factors. This does not consider man-made barriers such as dikes and berms. Section 2 includes the definitions. Section 3 addresses the requirement to file the plan, including review by a registered professional engineer and the requirement to have the plan available on-site. Section 5 lays out what event triggers the requirement to submit a report to the EPA Regional Administrator (RA) and empowers the RA to require amendments to the plan. One single discharge of 1,000 gallons or more or any two discharges of 42 gallons in a 12 month period requires a report. Section 6 defines what facility changes, such as decommissioning or changing the container or secondary containment, require the owner/operator to file an amended plan. Section 7 defines the general requirements of all plans, such as the facility diagram, type of oil, size and description of container and secondary container, contingency plans and training. Sections 8 through 15 give specific requirements for different types of facilities such as cathodic protection for buried containers, overfill protection, buried pipes, and other specific requirements.

EPA Programs
There are 10 EPA Regions, each with a Regional Administrator. They have a number of outreach programs to advise owners/operators whether they are subject to the rule, hold workshops, attend association meetings and operate a hotline. Inspections occur with the initial filing of the plan and at announced or random intervals. The targeted inspections tend to be with repeat dischargers, those in low compliance and those in a sensitive area. The inspector is both fact finder and case developer as well as technical educator. The most common violations are inadequate primary and secondary containment, uncapped connections and out of date plans. The EPA offers a SPCC Expedited Enforcement Program (SEEP) designed for minor SPCC violations that are easily correctable to facilities with no spills in the last 5 years. It focuses on correction with small fines, dealt with in a short time frame. The traditional enforcement in accordance to the Clean Water Act levies substantial fines and settlement negotiations that can take several months.

SPCC Plans
Most of the SPCC Plan elements can be prepared by a Registered Professional Engineer and their trained staff. They will

• Inspect the facility
• Prepare the facility diagram
• Perform the oil spill predictions and facility drainage
• Design secondary containment or diversionary structures
• Specify site security
• Prepare loading and unloading procedures
• Perform the required brittle fracture evaluation
• Provide training for personnel in oil discharge prevention, containment, and countermeasures

The actual implementation is the responsibility of the owner/operator. They must sign off on the filing, perform the initial and subsequent annual inspections with the EPA, provide the training in SPCC requirements and emergency response, complete the emergency contact information and review the plan every 5 years.
 

CONNECTIONS:

Michael W. Schmidt
Regulatory Solutions Inc.
Oklahoma City, Oklahoma
Phone: 405-524-1233
Email: regulatorysolutions@cox.net

For information on PTTC’s South Midcontinent Region and its activities contact:

Charles Mankin, Director, Oklahoma Geological Survey
100 E. Boyd St., Room N131, Norman, OK 73019-0628
Phone 405-325-3031, Fax 405-325-7069, Email cjmankin@ou.edu

Disclaimer: No specific application of products or services is endorsed by PTTC. Reasonable steps are taken to ensure the reliability of sources for information that PTTC disseminates; individuals and institutions are solely responsible for the consequences of its use.

The not-for-profit Petroleum Technology Transfer Council is funded primarily by the US Department of Energy’s Office of Fossil Energy, with additional funding from universities, state geological surveys, several state governments, and industry donations.

Petroleum Technology Transfer Council, 16010 Barkers Point Lane, Ste 220, Houston, TX 77079
toll-free 1-888-THE-PTTC; fax 281-921-1723; Email hq@pttc.org; web www.pttc.org