This article is the first of a three-part series. Look for the second installment at the end of September.
If you have oil on your jobsite, or at your asphalt plant, be aware of the Nov. 10, 2011, deadline to comply with the U.S. Environmental Protection Agency’s (EPA) oil spill planning rule. The federal Spill Prevention Control and Countermeasure (SPCC) program applies to the owner and operator of any construction site that has the “capacity” to store more than 1,320 gallons of any type of oil product in above ground storage tanks/containers. This is Part I of a three-part series intended to help AGC members determine if they need a federally-required oil spill plan – and, if they do, the series will help them develop one that meets EPA requirements.
The main goal of the SPCC program
is to prevent oil from entering surface waters or nearby shorelines of the United States. The rule applies in all 50 states and is administered and enforced by federal EPA in every state; however, states and localities also may have supplemental oil programs. Inspectors are looking for sheens on water, the ground, or pavement, oil storage containers without secondary containment or with improperly sized secondary containment, lack of alarm systems to notify personnel of spills, missing records and failure to train personnel. This rule also is in addition to any oil spill requirements required by your stormwater pollution prevention plan.
Bottom Line
Right now, EPA’s SPCC rule covers your jobsite if (1) your above ground oil storage containers (in tanks of 55 gallons or greater, including asphalt cement tanks) have a total
capacity of more than 1,320 gallons and (2) a spill could reach navigable waters of the United States or adjoining shorelines. EPA recently revised the
definition of “navigable waters” of the United States, as the term applies to the SPCC rule, to comply with a recent court decision.
The rule requires all regulated jobsites to have a comprehensive SPCC Plan detailing how the owner/contractor will store oil and both control and clean up any spills that may occur on the jobsite. Basic requirements call for appropriate secondary containment and/or diversionary structures, security measures, inspections and record keeping and employee training. EPA rules also impose
certain reporting requirements.
Once you have an SPCC Plan in place it is critical to conduct site inspections, personnel training and periodic review and renewal of the Plan. Severe penalties have been assessed against companies who had SPCC Plans in place but failed to conduct proper training and implementation of the Plan. If an inspector determines that site personnel do not know how to respond to a spill, you could face penalties, regardless of whether there has been a spill incident.
AGC has been working with EPA for many years to provide the Agency with practical advice and counsel on how to streamline the oil spill rules to minimize the implementation problems common to construction sites.
EPA finalized amendments to the SPCC rules in 2006 and 2008 that will ease the compliance burden on construction companies covered by the federal oil spill control regulations.
The amendments respond to many of AGC’s main concerns as well AGC’s recommendations on how to improve the SPCC program. EPA has set a November 10, 2011, compliance deadline for regulated construction sites to prepare and implement SPCC Plans that meet all of the current requirements.
Noteworthy rule revisions provide regulatory relief for “low-risk sites” that store smaller quantities of oil, including the ability to develop “self-certified” SPCC Plans (in lieu of PE-certification) and use EPA’s SPCC Plan
template to comply with the SPCC rule. In addition, EPA exempted hot-mix asphalt (HMA) and HMA containers from SPCC rule applicability in their December 2008 amendments, thereby excluding silos of HMA from the total oil storage capacity for any job site. Per AGC’s recommendations, this exemption is warranted because an HMA discharge would not “flow” to reach navigable waters or adjoining shorelines.
Storage of liquid asphalt cement, however, is still regulated under SPCC due to its potential to flow at elevated temperatures.
Frequently Asked Questions
1. Does my construction site need to comply with the SPCC rule?
To determine if your jobsite must comply with the SPCC rule, you should add all the “oil” storage containers (tanks, drums, totes, etc.) that can hold
55 gallons or more, even if empty. If the total exceeds
1,320 gallons (i.e., 1,321 gallons) AND there is a “reasonable expectation” of a discharge into or upon navigable waters of the United States or adjoining shorelines, then you are required to comply with the SPCC regulations at your construction site.
The term “oil” means oil of any kind or in any form, including, but not limited to: waste oil; used oil, heating oil; petroleum; diesel fuel; kerosene; gasoline; lubricating oils; biodiesel blends; asphalt cement; sludge; oil refuse; oil mixed with wastes other than dredged spoil and other oils and greases, including synthetic oils and mineral oils.
EPA’s
2005 SPCC Guidance for Regional Inspectors lists factors to consider in determining whether there is a reasonable expectation of an oil discharge from a construction site to navigable waters of the United States or adjoining shorelines and if that site is subject to the SPCC rule. Such factors include whether on-site conduits, such as sewer lines, storm sewers and certain underground features (e.g., power or cable lines or groundwater) could facilitate the transport of discharged oil off-site to navigable waters.
For example, a contractor has two 55 gallon drums of oil on his jobsite, a 500-gallon diesel tank, a 500-gallon gasoline tank, and an empty 500-gallon tank for storing used oil. Therefore, the total capacity is 1,610 gallons, which exceeds the 1,320-gallon threshold. In addition, the jobsite is near storm sewers so any oil spilled on the jobsite could reach U.S. navigable waters. So this construction site is regulated by the federal SPCC requirements.
Keep in mind, the following containers DO NOT count toward a site’s oil storage capacity:
- Completely buried storage tanks subject to all the technical requirements of the underground storage tank regulations;
- Containers with an oil storage capacity of less than 55 gallons;
- Permanently closed containers;
- Hot-mix asphalt and hot-mix asphalt containers and
- Motive power containers – Any onboard, oil-storage container used primarily to supply fuel to power the movement of the vehicle (e.g., gasoline or diesel) or to operate ancillary onboard apparatus (e.g., hydraulic and lubrication oils). Examples of such containers include diesel and hydraulic fluid tanks on construction equipment (e.g., tractors, forklifts, bulldozers, self-propelled cranes, self-propelled heavy vehicles).
2. What should I do if my jobsite is covered by the SPCC rule?
According to EPA’s
2005 SPCC Guidance for Regional Inspectors, if a construction site is regulated under the SPCC rule, it is the responsibility of the “facility” owner and operator to ensure that an SPCC Plan is prepared. A site may have multiple owners and/or operators. Factors to consider in determining which owner or operator should prepare the Plan include who has control over day-to-day operations of the facility or particular containers and equipment, who trains the employee(s) involved in oil handling activities, who will conduct the required inspections and tests and who will be responsible for responding to and cleaning up any discharge of oil. EPA expects that the owners and operators will cooperate to prepare one or more Plans, as appropriate.
If you already have a Plan, maintain it. If you do not have a Plan, you must prepare and implement one by Nov. 10, 2011. Many contractors will need to have their Plan certified by a Professional Engineer (PE). Specifically, if your jobsite has storage capacity of more than 10,000 gallons, or has had an oil spill, you may need to prepare an SPCC Plan certified by a PE. Also, if you decide to use certain alternate measures allowed by the SPCC rule, you may need a PE to certify that the alternative measures provide equivalent environmental protection.
However, many construction sites may be eligible to self-certify their SPCC Plans. Specifically, if your site has a total oil storage capacity between 1,320 and 10,000 gallons in above ground containers and the jobsite has a good spill history (as described in the SPCC rule – see Question # 3 below), you may prepare and self-certify your own Plan.
If you are eligible to self-certify your Plan, and no above ground container at your site is greater than 5,000 gallons in capacity, then you may use EPA’s Example SPCC Plan template that is available to download from EPA’s website at:
http://www.epa.gov/oem/content/spcc/tier1temp.htm.
3. How do I know if I can self-certify my SPCC Plan?
The SPCC rule – as amended in 2006 and 2008 – now allows owners/operators of regulated construction sites that have above ground oil storage capacities of 10,000 gallons or less
and that meet EPA’s oil discharge history criteria to
self-certify their SPCC plans in lieu of review and certification by a Professional Engineer (PE). Sites that qualify for this streamlined requirement are called “qualified facilities.” The rule also provides qualified facilities with some flexibility in meeting security and tank integrity testing requirements by providing alternative “environmentally equivalent” measures that do not need PE review and approval. In addition, qualified facility owners/operators may prepare a “combo” SPCC plan that includes other deviations, but those portions of the plan (i.e., environmentally equivalent measures or impracticability determinations) must be certified by a PE.
| IF THE JOBSITE HAS… |
AND |
AND THE JOBSITE HAS… |
THEN |
| 10,000 U.S. gallons or less aggregate above ground oil storage capacity. |
Within any twelve month period, three years prior to the Plan certification date, or since becoming subject to the SPCC rule if in operation for less than three years, there has been: (1) No single discharge of oil to navigable waters or adjoining shorelines exceeding 1,000 U.S. gallons; and (2) No two discharges of oil to navigable waters or adjoining shorelines each exceeding 42 U.S. gallons. |
No individual above ground oil containers greater than 5,000 U.S. gallons. |
Tier I: Complete and self-certify Plan template (Appendix G to 40 CFR parts 112) in lieu of a full PE-certified Plan. |
| Any individual above ground oil container greater than 5,000 U.S. gallons. |
Tier II: Prepare self –certified Plan in accordance with all applicable requirements of §112.7 and subparts B and C of the rule, in lieu of a PE-certified Plan. |
4. What information will I need to prepare an SPCC Plan for my construction jobsite?
Following is an example of the type of information you could include in your SPCC Plan:
- A list of the oil containers at the jobsite (including their contents and location);
- A brief description of the procedures that you will use to prevent oil spills. For example, the steps that you use to prevent fuel spills when you transfer fuel from a storage tank to your construction equipment;
- A brief description of the measures you installed to prevent oil from reaching water;
- A brief description of the measures you will use to contain and cleanup an oil spill to water; and
- A list of emergency contacts and first responders.
5. What spill-prevention measures should I implement and include in my SPCC Plan?
Following is an example of the type of spill-prevention measures you could include in your SPCC Plan:
- Use containers suitable for the oil stored. Use a container designed for flammable liquids to store gasoline;
- Identify contractors or other local personnel who can help you clean up an oil spill;
- Provide overfill prevention for your oil storage containers;
- Provide effective, sized secondary containment for bulk storage containers, such as a dike or a remote impoundment;
- Provide effective, general secondary containment (40 CFR Part 112.7(c)) to address the most likely discharge where you transfer oil to and from containers and for mobile refuelers; and
- Periodically inspect and test pipes and containers.
6. How and when do I maintain my SPCC Plan?
You must review your Plan every five years to make sure it includes any changes in oil storage at your facility/jobsite. You also must amend and update your SPCC Plan when changes are made to your facility/jobsite; for example, if you add new storage containers (e.g. tanks) that are 55 gallons or larger.
7. What should I do if I have an oil spill? Are there reporting requirements?
If you have an oil spill, you should activate your SPCC Plan procedures to prevent the oil spill from reaching a waterway. Immediately implement the spill cleanup and mitigation procedures outlined in your Plan.
EPA rules also impose
certain reporting requirements—
- Notify the National Response Center (NRC) at 800-424-8802 if you have an oil discharge to waters or adjoining shorelines.
- If the amount of oil spilled to water is more than 42 gallons on two different occasions within a 12-month period or more than 1,000 gallons to water in a single spill event, then notify your EPA Regional office in writing. The gallon amount(s) specified (either 42 or 1,000) refers to the amount of oil that actually reaches U.S. navigable waters or adjoining shorelines, not the total amount of oil spilled.
8. For More Information:
Read the SPCC rule and related information on EPA’s website to learn more.
SPCC Rule:
http://www.epa.gov/emergencies/content/spcc/index.htm
Example SPCC Plan Template:
http://www.epa.gov/emergencies/content/spcc/tier1temp.htm#ext1
Secondary Containment Calculation Worksheets:
http://www.epa.gov/emergencies/content/spcc/tier1temp.htm#sec
SPCC Guidance for Regional Inspectors:
http://www.epa.gov/emergencies/content/spcc/spcc_guidance.htm
This AGC’s Environmental Observer
article should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general information purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.
For more information, contact Leah Pilconis at pilconisl@agc.org.
