Overview: The Spill Prevention, Control, and Countermeasure (SPCC) Guidance for Regional Inspectors

1. Overview: The Spill Prevention, Control, and Countermeasure (SPCC) Guidance for Regional Inspectors U.S. Environmental Protection Agency Office of Solid Waste and Emergency Response Office of Emergency Management

2. SPCC Guidance Document • Is intended to assist regional inspectors in reviewing a facility’s implementation of the SPCC rule • Establishes a consistent understanding among regional EPA inspectors on how particular provisions of the rule may be applied • Available as a guide to owners and operators of facilities and the general public • This slideshow presents an overview of the topics covered in the Guidance Document. • The full document is available at www.epa.gov/oilspill

3. Disclaimer • The statutory provisions and EPA regulations described in this guidance document contain legally binding requirements. The guidance document does not substitute for statutory provisions or regulations, nor is it a regulation itself. • While the guidance document indicates EPA's strongly preferred approach to assure effective implementation of legal requirements, EPA decisionmakers retain the discretion to adopt approaches on a case-by-case basis that differ from this guidance where appropriate. • EPA welcomes public comments on the document at any time and will consider those comments in any future revision of the guidance document.

4. Guidance Document Contents • Chapter 1: Introduction • Chapter 2: Applicability of the SPCC Rule • Chapter 3: Environment Equivalence • Chapter 4: Secondary Containment and Impracticability Determinations • Chapter 5: Oil/Water Separators • Chapter 6: Facility Diagrams • Chapter 7: Inspection, Evaluation, and Testing • Appendices

5. Chapter 1: Introduction • SPCC Background • Purpose and scope • Statutory framework • Regulatory History • Initial promulgation • Proposed revisions • Overview of 2002 Revised Rule Provisions • Using the Guidance Document

6. Using the Guidance Document • Clarifies the role of the inspector in reviewing implementation of performance-based provisions • Is a “living document” and may be updated or revised • Does not address all aspects of the SPCC rule

7. Chapter 2: Applicability • Applicability criteria: • Definition of “oil” and activities involving oil • Definition of “facility” • “Non-transportation-related” facilities – EPA/DOT jurisdiction • Definition of “discharge” • Reasonable expectation of discharge to navigable waters in quantities that may be harmful • Regulated storage capacity • Various exemptions

8. Applicability, continued • Regional Administrator • Process for an RA to apply the SPCC rule to an otherwise exempted facility • Appeals process • Different types of containers • Bulk storage containers and oil-filled equipment • Applicability of facility response plan requirements

9. Summary of SPCC Applicability

10. Chapter 3: Environmental Equivalence • The “environmental equivalence” provision allows facilities to implement alternate measures based on site-specific considerations • Measures must provide equivalent environmental protection, in accordance with good engineering practice and as determined by a Professional Engineer. • Lists the substantive requirements eligible for the provision, clarifies certain policy areas, and provides examples • Describes the role of EPA inspector in reviewing deviations based on environmental equivalence

11. Environmental Equivalence,continued • Additional guidance on environmentally equivalent measures for specific requirements: • Security • Facility drainage • Corrosion protection and leak testing of completely buried metallic storage tanks • Overfill prevention • Piping • Evaluation, inspection, and testing

12. Chapter 4: Secondary Containment and Impracticability Determinations • Overview of secondary containment provisions • Example methods of containment • General vs. specific provisions • Sufficient freeboard • Sample calculations of containment sizing • Passive vs. active measures • Examples of when each approach may be appropriate • “Sufficiently impervious” • Facility drainage requirements

13. Categories of Secondary Containment Requirements • General Provision, §112.7(c) • Addresses the potential for oil discharges from all regulated parts of a facility • Containment method, design, and capacity are determined by good engineering practice to contain an oil discharge until clean-up occurs. • Specific Provisions • Address the potential of oil discharges from specific parts of a facility where oil is stored or handled. • Containment design, sizing, and freeboard requirements are specified by the SPCC rule to address a major container failure.

14. Impracticability Determinations • Additional requirements that accompany an impracticability determination • Documentation needed • Detail on impracticability determinations for certain areas: • Piping and flowlines • Transfer areas • Oil-filled Equipment • Loading/unloading racks • Onshore bulk storage containers • Mobile/portable containers • Bulk storage containers at production facilities • Onshore drilling and workover equipment

15. Chapter 5: Oil/Water Separators • Provides applicable SPCC requirements for oil/water separators used for: • Wastewater treatment • Secondary containment • Oil production

16. SPCC Requirements for Oil/Water Separator Uses

17. Chapter 6: Facility Diagrams • This chapter discusses: • The purpose of the facility diagram • Required and recommended elements of a facility diagram • Necessary level of detail • Approaches for specific types of equipment • Provides example facility diagrams

18. Chapter 7: Inspection, Evaluation, and Testing • Overview of the inspection, evaluation, and testing requirements • Specific requirements for: • Integrity testing and visual inspection • Brittle fracture evaluation • Inspections of piping • Flowline maintenance

19. Inspection, Evaluation, and Testing, continued • Specific cases • Aboveground bulk storage container for which the baseline condition is known • Aboveground bulk storage container for which the baseline condition is not known • Deviation from integrity testing requirements based on environmental equivalence • Summary of industry standards, code requirements, and recommended practices that apply to different types of equipment

20. Role of the EPA Inspector • Each chapter describes: • Appropriate documentation that the owner/operator should include in SPCC Plan • What EPA inspectors should look for both in the Plan and in the field to determine compliance with the SPCC rule • If the inspector questions the appropriateness of alternative measures, he/she should fully document all observations and other pertinent information for further review by the regional staff. Follow-up action by the EPA inspector may include requesting additional information from the facility owner or operator.

21. Appendices • Text of CWA 311(j)(1)(c) • Text of 40 CFR Part 112 • Summary of Revised Rule Provisions • Sample Bulk Storage Facility SPCC Plan • Sample Production Facility SPCC Plan • Sample Contingency Plan • SPCC Inspection Checklists • Other Policy Documents

22. Sample Plans • Example SPCC Plans for bulk storage and oil production facilities • Show appropriate format and level of detail • Can be adapted to fit a facility’s site-specific characteristics • Example Contingency Plan • Prepared according to the requirements of 40 CFR part 109

23. SPCC Inspection Checklists • For EPA inspectors to record observations during the site visit and review of the SPCC Plan • Provides room for inspector comments and photos of the facility • Helps achieve the goal of national consistency in inspections  

24. Additional Information • The Guidance Document and additional information is available on the U.S. EPA Oil Program Web site, www.epa.gov/oilspill • Call the TRI, EPCRA, RMP and Oil Information Call Center at 1-800-424-9346