FES Logo

Phase I & II Site Assessments      Environmental Site Assessments
Real Estate Transfers      Real Estate Property Transfer Assessments
Storage Tank Management      Trust Fund Case Specialists     Spill Contingency Plans
 

Home Button
About FES Button
Environmental Investigations Button
Remediation Services Button
Tank Program Management
Underground Storage Tanks
Aboveground Storage Tanks
Spill Contingency Plans
Design Construction Services
Regulatory Brief
Contact FES Button
 

Who Needs an SPCC Plan?


Federal EPA Required Spill Prevention Plan Documentation
Spill Prevention Control and Countermeasures (SPCC) Plan

General Applicability

As of July 17, 2002, any owner/operator that has aboveground storage capacity greater than 1320 gallons of an oil or oil product, and might reasonably be expected to discharge oil into navigable waterways of the United States must develop an SPCC Plan as defined within 40 CFR 112.1. The US EPA considers all facilities within EPA-Region 3, which includes PA, to be in an area that a spill would impact a navigable waterway. Which region is your facility? Visit the EPA Oil Program page to learn more.

The SPCC rule applies to owners/operators of facilities that drill, produce, gather, store, process, refine, transfer, distribute, or consume oil or oil products. An oil product is defined as any oil form, including but not limited to: petroleum; fuel oil; sludge; oil refuse; oil mixed with waste; fats; oils or greases of animal, fish, or marine mammal origin; vegetable oils; and other oils and greases, including synthetic oils and mineral oils. Also refer to the EPA’s Final SPCC Rule Fact Sheet.

Compliance Dates

  • EPA published a final rule amending the SPCC Rule in the Federal Register effective February 26, 2007. This action extends the compliance dates for all facilities until July 1, 2009. A facility that was in operation on or before August 16, 2002 must maintain the facility’s existing plan, amend and implement that Plan, on or before July 1, 2009.  112.3(a)
     

  • A facility that came into operation after August 16, 2002 must also prepare and implement an SPCC Plan on or before July 1, 2009.   112.3(a)
     

  • A facility that begins operation after July 1, 2009 must prepare and implement an SPCC Plan prior to beginning operations.   112.3(b)
     

Major Rule Provisions

New SPCC Rule

Previous SPCC Rule

Comment

Threshold

Any facility with > 1,320 gallons aggregate of above-ground storage capacity.

 

Threshold

Any facility with > 1,320 gallons of above-ground storage capacity provided no single container has capacity > 660 gallons.

 

Threshold

Only containers with a capacity of 55 gallons or more are counted against the threshold.

Permanently closed tanks do not count against the capacity threshold.
 

UST’s

Any underground storage container is exempt from the SPCC Rule, no matter the capacity.

 

UST’s

Any facility with 42,000 gallons or less of underground storage capacity is exempt from the SPCC Rule.

 

UST’s

Completely buried storage subject to all of the technical requirements of parts 280 and 281 do not count in the calculation of the 42,000 underground capacity thresholds.

Spill History

Spill history of a facility is no longer required within the SPCC Plan.

 

Spill History

 The spill history is a required element to the SPCC Plan.

 

Spill History

An SPCC facility with a single discharge of more than 1,000 gallons or 2 discharges of more than 42 gallons each within a 12 month period must be reported.

SPCC Plan Authorization

A Registered Professional Engineer (PE) must seal an SPCC Plan or it is not accepted by the USEAP as satisfying the requirements of the SPCC Rule.

 

SPCC Plan Authorization

A Registered Professional Engineer (PE) must seal an SPCC Plan or it is not accepted by the USEAP as satisfying the requirements of the SPCC Rule.

 

SPCC Plan Authorization

PE can now certify the SPCC Plan without visiting the facility.

Renewals

Required every five (5) years.

 

Renewals

Required every five (3) years.

 

Renewals

Amendments only required reflecting major operational changes to the facility.

Required Containment

Secondary containment capacity required for smallest container within area.

 

Required Containment

Secondary containment designed to hold 110% of capacity.

 

Required Containment

Double walled AST’s no longer required to have dike.

An exterior containment area must be designed to contain a 25 year/24 hour rainfall.
 

Delivery Vehicle Containment

Secondary containment must be provided for the largest compartment of a delivery vehicle.

 

Delivery Vehicle Containment

No counterpart in previous rule.

 

Delivery Vehicle Containment

Clarified by the EPA to be applicable for facilities with a loading rack.

Integrity Testing

Test ALL AST’s on a regular basis.

 

Integrity Testing

Only bulk AST’s required regular testing.

 

Integrity Testing

Clarified by the EPA that shop built tanks 30,000 gallon capacity or less will not be required to perform integrity tests if all four sides are visible

 

 

 

Return to Top