Once Again, EPA Proposes Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule

Almost a year to the day, the USEPA Office of Emergency Management has finalized the second of two sets of amendments to the Spill Prevention, Control, and Countermeasure (SPCC) Rule proposed on Monday, December 12, 2005.  This ruling has several components with one of the most significant being the ability for a sizeable portion of the regulated community to prepare self-certified SPCC Plans.  Although applauded by perhaps many, one can only speculate what the impact will be on the ranks of the professional engineering profession.  With the signature of the final rule, EPA Administrator Stephen L. Johnson has put into place streamlined requirements for the owners/operators of qualified facilities with aboveground oil storage capacities of 10,000 gallons or less and certain containers and equipment regulated under the rule.

This article provides a summary of key issues surrounding the option afforded to qualified facilities to take advantage of self-certification.

To be a “qualified facility” the regulated entity must first meet specific criteria regarding their reportable discharge history.  Within any twelve-month period, the facility must NOT have had:

1. A single discharge of oil to navigable waters exceeding 1,000 U.S. gallons OR
2. Two discharges of oil to navigable waters each exceeding 42 U.S. gallons

The twelve-month period applies to the three years prior to the SPCC Plan certification date for existing facilities previously subject to the rule or for a period of time that is less than three years for those facilities that have more recently become subject to the provisions of 40 CFR part 112.

The above criteria, in conjunction with those detailed in the following discussion, must be met in order for a facility to be eligible for the regulatory relief afforded by the new rule.

Under the newly finalized amendments to the SPCC rule:

Under this approach, facility owners/operators of qualified facilities choosing to self-certify may prepare a plan which also includes components that are PE-certified.  Such components typically address facility specific environmentally equivalent measures or impracticability determinations.  This “hybrid” approach as adopted by the Agency is believed to further expand the flexibility offered by the self-certification compliance option to owners and operators of qualified facilities without compromising proper and necessary environmental protection.

Environmentally Equivalent Measures

As noted above, the SPCC rule provides facilities the ability to implement environmentally equivalent measures.  What are environmentally equivalent measures?  In the context of the rule, equivalent environmental protection means that navigable waters and adjoining shorelines that may be impacted by a discharge from a particular facility will be kept free of oil pollution through actions that, although different, are no less effective than those requirements specifically detailed in the SPCC rule.  An owner/operator of a facility may find that establishing equivalent environmental measures is more cost effective and feasible than implementing prescribed solutions.  This key mechanism of the SPCC rule lends the regulation to being both flexible and performance-based.

Achieving equivalent protection can be done in a variety of ways based on the specific nature of an operation.  The details of and the rationale for selecting an environmental equivalence protection must be detailed within facility SPCC Plan.  To be equivalent, it must achieve the same desired outcome as a SPCC requirement.  In as much, a PE must review the selection and implementation of environmentally equivalent measures and certify that such actions are consistent with applicable standards and good engineering practice. 

Therefore, in evaluating the alternatives available to a specific facility, the decision to self-certify may not be the best option to achieve compliance with the rule in a cost-effective and operationally efficient manner.  For some, the best option may be plan certification by a PE or the combination of self-certification with selective professional review of equivalently protected systems.

Achieving Self-Certification

For an owner/operator to achieve self-certification, he/she attests to their familiarity with the requirements of 40 CFR part 112 and the specific operations at the facility for which they are certifying a SPCC plan.  In addition, this person must certify that:

• The Plan has been prepared in accordance with accepted and sound industry practices, standards and the requirements of the rule,
• Procedures for inspections and testing have been established and that such procedures, in addition to all other components of the Plan, are being fully implemented,
• Management approves the Plan and has committed resources to implement it,
• The Plan does not deviate from the requirements of the rule except as allowed and as appropriate with regard to PE review and certification, and
• That all the criteria to make self-certification, including the cumulative storage volume and discharge history, have been met.

The new rule requires owner/operators of qualified facilities to complete integrity testing and inspection of each aboveground container on a regular schedule and whenever material repairs are made.  It allows such facilities the flexibility to determine appropriate qualifications for personnel performing such testing and inspection when applicable industry standards are available.    In addition, these facilities, based on the size, configuration and design of regulated containers, can specify the frequency and type of testing that is required.

Lastly, qualified facilities, as part of the self-certified Plan, can describe how they will implement security requirements to ensure controlled access to prevent acts of vandalism in addition to detailing what systems and methods are in place to discover possible oil discharges.

The Choice is Yours….

So, you have determined your facility meets the criteria to self certify its SPCC Plan. You know the law, and have established necessary bulk storage container testing and inspection procedures while getting the full approval and support of upper management.  Self-certification sounds like a good option.  The choice is yours, if you are confident in your operations and planning you may just put a PE on the street.

Remember, if you don’t self-certify, you could reap the benefits of regulatory relief offered as part of the qualified oil-filled operational equipment option.  If you’re not sure….ask a PE. 

References and Useful Links:

• Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure Plan Requirements – Amendments; Final Rule – Unofficial, Pre-publication Copy
• http://www.epa.gov/oilspill/SPCCFactsheetOverviewDec06.htm, (Fact sheet summarizing details of the finalized amendments to the SPCC rule.)
• http://www.epa.gov/oilspill/SPCCFactsheetQualFacDec06.htm, (Fact sheet summarizing options for qualified facilities that store or handle >= 10,000 gallons of oil.)
• SPCC Guidance for Regional Inspectors document, Chapter 3: Environmental Equivalence