Spill Prevention Frequently Asked Questions

Question: What is a Spill Prevention Plan?

Answer: A spill prevention plan is a written document that describes measures one has taken to prevent, contain and clean up oil spills. The term "oil" includes gasoline, diesel, heating oil, and solvents. All spill prevention plans must be certified by a professional engineer.

Question: Who needs an spill prevention plan?

Answer: Any facility with capacity of any aboveground storage tank (AST) exceeding 660 gallons of oil; or a total aboveground storage capacity
exceeding 1,320 gallons of oil; or an underground storage capacity exceeding 42,000 gallons of oil. · If, due to its location, the site could reasonably be expected to discharge oil into or upon the navigable waters of the United States or adjoining shorelines.

Question: Are SPCC plans required by law?

Answer: Yes, SPCC plans are required by federal regulation 40 CFR 112 which is implemented by the U.S. Environmental Protection Agency.

Question: What must be covered in a SPCC?

Answer: SPCC plans must include the following elements:
I. Explanation of regulatory applicability, penalties, and appropriate certifications;
II. Description of oil storage and handling areas;
III. Description of surface and interior drainage patterns;
IV. Description of past spill events;
V. Analysis of potential spill scenarios;
VI. Evaluation of the potential impact of spills on the environment;
VII. Description of spill response and notification procedures;
VIII. Description of emergency response equipment;
IX. Description of emergency prevention procedures and logs documenting proper training and inspections;
X. Designation of responsibilities; and
XI. Description of site security measures.
XII. Professional Engineer’s review and signature.

Question: Can I prepare my own SPCC plan?

Answer: Any facility operator may draft his or her own SPCC plan. The plan, however, must be certified by a professional engineer.

Question: What counts toward storage capacity?

Answer: Storage capacity includes the capacity of all containers such as tanks, portable tanks, transformers, 55-gallon drums, etc. The capacity of any empty containers that may be used to store oil and are not permanently taken out of service are also counted in a facility's total storage capacity. Containers less than 55 gallons are exempt from the scope of these rules as of August 16, 2002.

Question: Does the term "oil" include vegetable oil, transformer oil, and other non-petroleum based oil?

Answer: Yes. "Oil" is defined in 40 CFR 112.2 as oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes other than dredge spoil. This definition has been interpreted to include vegetable oil, mineral oil, transformer and other oils.

Question: Who do I give the SPCC plan to?

Answer: A copy of the entire SPCC plan must be maintained at the facility if the facility is normally attended at least eight hours per day, or at the nearest field office if the facility is not so attended. The SPCC plan must be submitted to the U.S. EPA Region III regional administrator along with the other information specified in 40 CFR 112.4 if either of the following occurs: The facility discharges more than 1,000 U.S. gallons of oil into or upon the navigable waters of the United States or adjoining shorelines in a single event, or the facility discharges oil in excess of 42 gallons in two spill events within any twelve month period.

Question: How often must I review the SPCC plan?

Answer: The facility owner or operator must review the SPCC plan at least every five years. These reviews must be documented.

Question: When do I have to update the SPCC plan?

Answer: The SPCC regulation requires the owner or operator to amend the plan whenever there is a change in facility design, construction, operation, or maintenance that materially affects the facility's potential to discharge oil. Such amendments must be fully implemented not later than six months after the change occurs. All amendments must be certified by a registered professional engineer.

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