Midwest Environmental Services : Amended Regulations

Amended Regulations - Spill Prevention

In December 2006, U.S. EPA amended its regulations under 40 CFR Part 112 related to Spill Prevention Control and Countermeasures (SPCC) Plan requirements. The SPCC regulations typically apply to any facility with an aggregate aboveground oil (including vegetable oils and animal fats) storage capacity of greater than 1,320 gallons, or underground oil storage capacity greater than 42,000 gallons, whereby a release of oil could directly or indirectly discharge into the navigable waters of the United States.

The aggregate aboveground storage of oil applies to storage in containers having a capacity equal to or greater than 55 gallons. For most facilities this translates to just over 24 drums of oil, waste oil, and/or petroleum-containing products or wastes, and may include oil in process equipment and/or machinery.

The amended rule provided the regulated community with clarification of the requirements affecting specific facilities and provided for SPCC Plan "self-certification" for qualified facilities. The following provides a brief summary of the amended rules:

Facilities that store or handle animal fats and/or vegetable oils are no longer regulated under subparts 112.13, 112.14, and 112.15 for specific types of oil facilities; however the remaining SPCC rules apply to these facilities if regulated under the SPCC rule (Part 112.1).
Under the amended rules, a qualified facility, may prepare and "self-certify" its SPCC Plan under specific circumstances. However, a professional engineer may still be required to certify certain portions of the Plan depending upon specific facility features and operations.
Facilities having regulated oil-filled operational equipment are provided with an alternative to the general secondary containment requirements for such equipment based upon the facility's discharge history criteria.
Motive power containers, as defined in the regulation, were exempted from regulation under the SPCC rules.
Mobile refuelers were exempted from the sized secondary containment requirements for bulk storage containers under the SPCC rules.
As a consequence of the 2006 amendments, in May 2007, EPA extended the compliance dates for facilities other than farms to July 1, 2009 for Plan amendments and certifications.

EPA is expected to propose additional changes to the SPCC regulations in 2007. Facilities using or storing regulated volumes of oil, and that are located near creeks, streams, and rivers should be aware of any changes to these potentially applicable regulations.

MIDWEST's Consulting Services Division is available to assist you and your company with compliance to applicable environmental and safety regulations. If you need assistance in determining whether SPCC Plan self-certification is applicable and appropriate to your operation, or if you are seeking a professional assessment of the applicability of any of the myriad environmental or safety regulations affecting your business, do not hesitate to contact us at 502-491-0991, or our Corporate Offices at 800-388-5160.

MIDWEST continually works to improve our professional services to help ensure that our valuable clients receive prompt, professional attention.

Midwest Environmental Services, Inc.
PO Box 218 . Brownstown, IN 47220 . 812.358.5160 /phone . 812.358.5642 /fax
info@midwestenvironmentalservices.com /email
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