If you have determined that your facility is covered by the Spill Prevention Control and Countermeasure (SPCC) Plan regulation, you are faced with a complex, often over-whelming range of compliance activities. However, the regulation does allow for some “qualified” facilities to create simpler SPCC Plans with the added ability to self-certify your Plan, rather than hiring a professional engineer (PE) to certify it. Here are the general requirements for determining what is a “qualified” SPCC facility.

According to the U.S. Environmental Protection Agency (EPA), there are two types of qualified facilities, Tier I and Tier II.

To be considered in either tier, a facility must first have a total aggregate aboveground oil storage capacity of 10,000 gallons (gal) or less.

Next, facilities cannot have had:

  • A single discharge of oil to navigable waters or adjoining shorelines exceeding 1,000 gal, or
  • Two discharges of oil to navigable waters or adjoining shorelines each exceeding 42 gal within in any 12-month period.

This limitation applies to the 3 years before a Plan certification date or, for facilities in operation less than 3 years, the period of time since the facility became subject to the SPCC rule.

If you also have no individual aboveground oil containers greater than 5,000 gal, your facility is a Tier I facility, which means that you can complete and self-certify your SPCC Plan using the template options provided in Appendix G of 40 CFR Part 112.

Or, if you also have any individual aboveground oil containers greater than 5,000 gal, your facility is a Tier II facility and you may prepare a self-certified Plan in accordance with the applicable requirements of Part 112.7 and Subparts B or C of the rule in lieu of a PE-certified Plan. It is important to note that while Tier II facilities may not use the Tier I template and the Tier II Plan requirements are similar to a PE-certified plan, the owner or operator is allowed to self-certify the plan.

Anyone that qualifies for SPCC Plan self-certification must attest that they are familiar with SPCC requirements and certify the following:

  • The person certifying the Plan has visited and examined the facility and the Plan was prepared according to the rule requirements and sound and accepted industry practices,
  • The Plan establishes procedures for required inspections and testing,
  • The Plan is fully implemented,
  • The facility meets the Tier I or Tier II qualifications,
  • The Plan does not deviate from rule requirements except as allowed and as certified by a PE, and
  • The Plan has management’s approval and the commitment of resources for implementation.

One caveat to the self-certification qualification is that some states have more stringent requirements, including a total prohibition on SPCC Plan self-certification. Before you initiate development of a SPCC Plan for self-certification, contact your state regulators to confirm acceptance.

Even if you are sure your facility is a qualified Tier I or Tier II facility, you are not required to self-certify your SPCC Plan and you have the option of hiring a PE to work with you to create, implement, and certify a Plan. Keep in mind, however, whether you self-certify or work with a PE, owners or operators are ultimately responsible for preparing the Plan, implementing the Plan and, if necessary, amending the Plan.

In the event of a release or spill that reaches navigable waters or adjoining shorelines, owners or operators are also responsible for reporting the spill to the National Response Center (NRC). If the amount of oil spilled is more than 1,000 gal or more than 42 gal on two different occasions within a 12-month period, you must also report the spill in writing to your EPA Regional Office.

Since the most recent deadline for compliance with the SPCC regulation was November 10, 2011, all facilities subject to the regulation should now have a Plan in place, unless they are a new facility. New facilities must have a Plan prepared and implemented before beginning operations, unless they are a new oil production facility, which must have a Plan prepared and implemented within 6 months of beginning operations.

That said, qualified facilities must first prepare an SPCC Plan and second, implement all aspects of the Plan at the facility. In accordance with the regulation, the EPA requires the following list of items to be included in the Plan:

  • A list of all oil containers, with the contents and location,
  • A brief description of oil spill prevention procedures, such as how to avoid spills when fueling a vehicle,
  • A brief description of measures taken to prevent spills from reaching navigable water bodies,
  • A brief description of oil spill containment and cleanup procedures to be undertaken at the facility, and
  • A list of emergency contacts and first responders.

In addition, the EPA requires the following specific spill prevention measures be included in the plan and implemented at the facility:

  • Containers must be suitable for their contents (i.e., gasoline must be stored in a container designed for flammable liquids).
  • Identify local contractors or other qualified personnel to assist you in cleaning up a spill.
  • Install overfill-prevention equipment, such as a high-level alarm or audible vent on all oil storage containers.
  • Provide adequate secondary containment bulk storage containers. Secondary containment must be sized to hold the full capacity of the container as well as any possible rainfall. Examples include an earthen or concrete dike, a remote impoundment, or a double-walled tank.
  • Provide additional general secondary containment in areas used for oil transfer to/from containers and for mobile refueling. Examples include sorbent materials, drip pans, or curbing in these transfer areas.
  • Follow industry standards for visual inspection and testing of pipes and containers. Leak testing of buried pipes should be performed when they are installed or repaired.
  • Maintain written records of all inspection and testing.

Although Tier I requirements are considerably simpler than Tier II, there are a few things that are prohibited for Tier I facilities that are allowed for Tier II. For example, “hybrid Plans,” plans that deviate from rule requirements and have portions certified by a PE, may not be used by Tier I facilities.

A Tier II hybrid Plan might incorporate “environmentally equivalent alternatives to specific rule provisions when the alternative measures are described and documented in the SPCC Plan” and are reviewed and certified by a PE. Or, a Tier II owner or operator might develop a contingency plan when it is determined that secondary containment is impracticable and the contingency plan is reviewed and certified by a PE.

The EPA recommends that Tier I facilities with “site-specific factors that make it difficult to use the template as written … could opt to comply with the SPCC requirements as a Tier II qualified facility – that is, prepare a full, self-certified Plan or a hybrid Plan.”

Tier II facilities cannot use the template and must create SPCC Plans according to the requirements of 40 CFR 112.7 and Subparts B or C, but may self-certify their Plan.

For more information or assistance with your Environmental and Health & Safety regulatory compliance needs, contact Ralph Carito at Total Environmental & Safety, LLC (Total) at rcarito@TotalEnviron.com or 908-442-8599.