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What changes did EPA finalize to the SPCC Rule in December 2006?

The revised rule modifies requirements for facilities with smaller oil storage capacity and specific types of oil-filled operating equipment.  If a facility has 10,000 gallons or less in aggregate aboveground oil storage capacity and the facility meets the oil discharge history criteria, then an owner/operator of a facility may prepare a self-certified SPCC Plan instead of one reviewed and certified by a Professional Engineer (PE); may meet tailored facility security and tank integrity inspection requirements without PE certification; and may prepare a plan which includes PE-certified environmentally equivalent measures or impracticability determinations that would require PE certification for only the portions dealing with environmental equivalence and impracticability determinations.  The remaining portions of the plan could be self-certified by the facility owner/operator. 

For the alternative for oil-filled operational equipment, if a facility has oil-filled operational equipment and the equipment meets the oil discharge history criteria, then an owner/operator of a facility may implement an inspection and monitoring program, develop an oil spill contingency plan, and provide a written commitment of resources to control and remove oil discharged, for qualified equipment in lieu of secondary containment for the oil-filled operational equipment and does not need to make an impracticability determination for each piece of equipment. 

To use these alternatives a facility (or its equipment) must meet requirements for its reportable discharge history. 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 within any twelve-month period, in the three years prior to the SPCC Plan certification date, or since becoming subject to 40 CFR Part 112 if operating for less than three years.  Eligibility for the oil-filled operational equipment alternative is determined by the discharge history from the equipment, not the entire facility. 

The December 2006 rule included several other revisions: 

  • Motive power containers (e.g., automotive or truck fuel tanks) are exempt from the SPCC Rule. 
  • Mobile refuelers are exempt from specific sized secondary containment requirements. 
  • Certain requirements for animal fats and vegetable oils were removed and reserved.