Although 40 CFR Part 112 is the Spill Prevention Control and Countermeasure (SPCC) rule, 40 CFR Part 109-Criteria for State, Local and Regional Oil Removal Contingency Plans also provides rules for defining how some facilities will need to prepare to respond to an oil spill.

In its recently updated SPCC Guidance for Regional Inspectors, the U.S. Environmental Protection Agency (EPA) provides a hypothetical spill response scenario covering aspects of 40 CFR Part 109 that are integral to compliance with the SPCC rule and should be included in training. It is important to note that Part 109 applies only to those facilities that do not have a Facility Response Plan (FRP) in place and that have determined that required secondary containment is impracticable. These criteria are designed to ensure that response activities for these facilities can be provided quickly, in a well-organized fashion by the most suitable responders. 

One of the most critical aspects of spill response is that of who is in charge and what are their responsibilities. This means not only facility personnel but local and state agencies as well. Part 109.5(a) requires facilities to provide:

“Definition of the authorities, responsibilities and duties of all persons, organizations or agencies which are to be involved or could be involved in planning or directing oil removal operations with particular care to clearly define the authorities, responsibilities and duties of State and local government agencies…”

The purpose of this section is to both identify appropriate available spill responders in advance and also to eliminate the potential for duplication of services between responders that can cause confusion in emergencies and cost both precious time and money. This is especially true during large spills that may require local, state and even federal assistance.

In addition, Part 109.5(d) also specifically addresses personnel by requiring “Specification of an oil discharge response operating team…” and “Pre-designation of a properly qualified oil discharge response coordinator…”

The goal of these requirements is to ensure facility personnel are assigned specific roles, trained and qualified to perform according to their assigned role and have the authority to carryout operations necessary to handle a discharge. In particular, the response coordinator (RC) should have the training, capability and corporate authorization to manage a spill event including initial discovery and reporting, on- and off-site communications as defined in Part 109.5(3), emergency procedures such as evacuations, and requesting assistance from local fire and/or police, specialized contractors or other responders as warranted by circumstances. Part 109.5(d) also requires that facilities include established plans for an “oil discharge response operations center and a reliable communications system for coordinating the overall response operations.”

To coordinate all the different personnel and their roles and responsibilities EPA recommends using a flowchart diagram that clearly shows all potential responders and the delegation and order of involvement. For example, if the designated RC is off-site when a spill occurs, the diagram should show the next immediate person in command so that time is not wasted trying to figure out who is in charge. For responders such as contractors that are not available via 911, the diagram should include names and telephone numbers of designated contacts available 24/7.

Because Part 109(d) specifically requires that the spill response team be “trained, prepared and available,” EPA cites ongoing training that includes drills and exercises using equipment, supplies and materials in a simulated discharge situation. These training events should be analyzed and evaluated by the RC and results shared with staff, first responders, contractors, and other stakeholders. When exercises reveal deficiencies or warrant SPCC Plan changes, amendments should be certified by a Professional Engineer if required.

In addition to the personnel requirements discussed above, Part 109 also defines how facilities that do not have a Facility Response Plan (FRP) in place and that have made the determination that required secondary containment is impracticable, should both have and be prepared to obtain necessary spill response equipment. In general, according to the Part 109 rule, facilities should “assure that full resource capability is known and can be committed during an oil discharge situation…”

Specifically, facilities must:

  • Conduct “identification and inventory” of response-related  materials, equipment, and supplies available locally or regionally,
  • Estimate quantities based on a worst-case scenario (maximum possible oil discharge), and
  • Develop “agreements and arrangements” for obtaining these predefined materials, supplies and equipment from suppliers, in the event of an oil discharge.

In its SPCC Guidance for Regional Inspectors, EPA notes that while small discharges may be handled by qualified personnel using on-site equipment materials or supplies such as absorbent socks, and pads etc., the potential for larger spills requiring off-site materials should be addressed differently. For example when creating arrangements with contractors and suppliers, consider how long it will take to get the necessary resources to the site upon a verbal request by the RC. Another recommendation is to have a backup supplier for critical equipment and materials and to meet with all contractors and suppliers at least annually to discuss facility needs, operational changes and new processes that may require additional response resources.

Another equipment-related requirement of Part 109 is that of communications and control. Part 109.5 requires that facilities predetermine all required communications equipment needs and have that equipment available on-site for use by the response coordinator designated staff on the response team.

This equipment may include:

  • Cell phones in all vehicles and held by the RC (with 24/7 availability);
  • Two-way portable radios maintained with the response equipment and supplies and with the radio frequency to be used during an incident provided to local first responder; and
  • Additional communications equipment available from a prearranged supplier should it be required.

Again, EPA recommends ongoing training in the use of all oil discharge response process, equipment and supplies to ensure designated personnel have the level of knowledge and skill necessary to address spills appropriately. In addition, although Part 109 does not contain any requirements for recordkeeping, it is always a good policy to keep meticulous records of everything you do to comply with both Part 109 and the SPCC rule. This is especially true of any training that takes place because even though both regulations require training, neither one defines the type nor level of training except to infer that it must be adequate for the responsibilities of the personnel. Thus, facilities that undertake a comprehensive, qualified training agenda and keep records that include names, dates, scores, and evaluation results have one less thing to worry about in the event of an oil discharge or an EPA inspection.

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.