SPCC plans require updating and amending to reflect changes in site conditions and operations. In addition, training, mock events, and paperwork updates should be included in reviews of your SPCC plan. Basically, there are two types of plan amendments, those that the facility operator performs within 6 months of a change that materially affects a facility’s potential for a discharge, and those that must be conducted as directed by the applicable EPA Regional Administrator (RA). Here’s what you need to know about amendments to the SPCC plan required by the RA.

Discharges and Releases

EPA may require the facility to amend its SPCC plan to adequately prevent and contain future oil discharges and releases. A regulated facility must notify the EPA regional administrator within 60 days if it has:

  • Discharged more than 1,000 gallons (gal) of oil in a single event; or
  • Experienced two spills of 42 gal or more within a 12-month period.

Heads up! The gallon amount (42 gal or 1,000 gal) refers to the amount of oil that reaches navigable waters and is reportable under 40 CFR 110. Although you are still required to report all spills (whether they reach water or not) to the National Response Center right away, there is no need to report the spill to your RA unless one of the above discharge events occurs.

Notifying the RA

The notice must contain the:

  • Name of the facility
  • Name of the person providing the notice
  • Location of the facility
  • Maximum storage or handling capacity of the facility and normal daily throughput
  • Corrective action and countermeasures taken, including a description of equipment repairs and replacements
  • Description of the facility, including maps, flow diagrams, and topographical maps, as necessary
  • Cause of the discharge, including a failure analysis of the system or subsystem in which the failure occurred
  • Additional preventive measures taken or contemplated to minimize the possibility of recurrence

The notice must also include other information that EPA may reasonably require that is pertinent to the plan or discharge. A complete copy of all information must also be sent to the appropriate state agency in charge of water pollution control.

Plan Amendments Required By RA

After being notified, the RA will review the information the facility submits and information received from the state agency. The RA will also conduct an on-site review of the SPCC plan. From that information collection, the RA makes a determination if your plan requires amending. If EPA proposes a plan amendment, the facility has 30 days to respond with written information, views, and arguments. After that, the RA either notifies the facility that either an amendment is required or the RA rescinds the notice.

Should the RA come back and require you to amend your plan, you may appeal their determination within 30 days. EPA will make a final decision within 60 days.

If, after all of that, the RA does indeed require your facility to amend your SPCC plan, you have 30 days to amend the plan. You are required to implement those changes as soon as possible but no later than 6 months, unless otherwise specified by the RA.

5-Year Review

Owners and operators of regulated facilities must review SPCC plans at least every 5 years. As a result of such review, plans must be amended within 6 months of the review to include more effective prevention and control technology if the technology has been field-proven at the time of the review and will significantly reduce the likelihood of a discharge. Amendments must be implemented as soon as possible, but no later than 6 months following preparation of the amendment.

Completion of the review and evaluation must be documented, and owners and operators must sign a statement as to whether the plan will be amended, either at the beginning or end of the plan or in a log or an appendix to the plan. The following words are sufficient: “I have completed review and evaluation of the SPCC Plan for (name of facility) on (date) and will (will not) amend the Plan as a result.”

Facility Changes

Plans must also be amended when there is a change in the facility design, construction, operation, or maintenance that materially affects its potential for a discharge. Examples of changes that may require a plan amendment include, but are not limited to:

  • Commissioning or decommissioning containers;
  • Replacement, reconstruction, or movement of container;
  • Reconstruction, replacement, or installation of piping systems;
  • Construction or demolition that might alter secondary containment structures;
  • Changes of product or service; or
  • Revision of standard operation or maintenance procedures at a facility.

An amendment must be prepared within 6 months of the change, and implemented as soon as possible, but no later than 6 months following preparation of the amendment.

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.