EPA did not tailor the requirements in the rule that would affect facilities handling animal fats or vegetable oils, but used the same terminology and requirements they used for petroleum oils. Therefore, the SPCC requirements and terminology are inappropriate for facilities handling animal fats, oils, and greases. EPA intends to revise the rule so it will be more appropriate for food and feed products, but has yet to do so.
Background
The new SPCC rule applies to any facility that uses oil (facility can be as small as a tank) with total aboveground storage greater than 1,320 gallons. Containers greater than 55 gallons, storage capacity in oil-filled electrical, operating, or manufacturing equipment (e.g., transformers), and partially buried and bunkered tanks count towards the total capacity. Facilities subject to the rule must prepare and implement a SPCC plan to prevent any discharge of oil into or upon navigable waters of the United States or adjoining shorelines.
The National Renderers Association (NRA) participates in a coalition of food industries that have met with EPA to help them better understand rules and differentiated regulatory treatment appropriate for the animal fat/vegetable oil facilities. EPA personnel stated that they viewed the final rule as a starting point toward a more tailored rule for the food industry. However, until/unless EPA issues such a modified rule, renderers must comply with the SPCC rule as written.
The new SPCC rule became effective August 16, 2002, but in August 2004, the EPA extended the compliance deadline for the SPCC rule by 18 months, so most facilities must prepare a plan by February 17, 2006, and implement it by August 18, 2006. While the deadline for compliance with new regulatory provisions has been extended, regulated facilities can take advantage of any regulatory relief provided in the rule such as reduced information collection burden, elimination of duplicate regulation, and substitution of one required measure for another providing equivalent environmental protection, except for secondary containment requirements.
Complying with the Rule
SPCC plans require containment and other countermeasures to prevent oil spills that could reach navigable waters. Facilities must detail and implement spill prevention and control measures in their SPCC plans. A spill contingency plan is required as part of the SPCC plan if a facility is unable to provide secondary containment (e.g., berms surrounding the oil storage tank).
A copy of the entire SPCC plan must be maintained at the facility if the facility is normally attended for at least four hours per day. Otherwise, it must be kept at the nearest field office. The SPCC plan must be available to EPA for on-site review and inspection during normal working hours. EPA periodically conducts on-site facility inspections that may be announced or unannounced to ensure that facilities comply with the spill prevention regulations.
Facilities must report to the appropriate EPA regional administrator within 60 days after spills (into navigable waters or onto adjoining shorelines) of two or more discharges over 42 gallons in any 12-month period, or a single discharge of more than 1,000 gallons.
The SPCC plan must be prepared in accordance with good engineering practices and be approved by a person with the authority to commit the resources necessary to implement the SPCC plan. The SPCC plan should clearly address the following three areas:
• operating procedures that prevent oil spills;
• control measures installed to prevent a spill from reaching navigable waters; and
• countermeasures to contain, clean up, and mitigate the effects of an oil spill that reaches navigable waters.
Development of a SPCC plan requires detailed knowledge of the facility and the potential effects of any oil spill. Each SPCC plan must be unique to the facility and must include the following information:
• A description of the physical layout and a facility diagram;
• Contact list and phone numbers for the facility response coordinator, National Response Center, cleanup contractors, and all appropriate federal, state, and local agencies who must be contacted in case of a discharge;
• A prediction of the direction, rate of flow, and total quantity of oil that could be discharged where experience indicates a potential for equipment failure;
• A description of containment and/or diversionary structures or equipment to prevent discharged oil from reaching navigable waters. (For on-shore facilities, one of the following must be used at a minimum: dikes, berms, or retaining walls; curbing; culverts, gutters, or other drainage systems; weirs, booms, or other barriers; spill diversion ponds; retention ponds; absorbent materials.)
• Where appropriate, a demonstration that containment and/or diversionary structures or equipment are not practical; periodic integrity and leak testing of bulk containers and associated valves and piping; oil spill contingency plan; and a written commitment of manpower, equipment, and materials to quickly control and remove spilled oil.
• A complete discussion of the spill and prevention measures applicable to the facility and/or its operations.
The SPCC plan must include a demonstration of management’s approval and must be certified by a licensed professional engineer.
Resources
EPA provides the following Web pages with the resources to understand, develop, and implement SPCC plans.
• SPCC Compliance Assistance Guides at www.epa.gov/oilspill/spccguid.htm to assist facilities in developing their SPCC plans, including contact lists, fact sheets, compliance assistance guides, and SPCC facility survey results and analysis.
• SPCC reference material at www.epa.gov/oilspill/spccref.htm to aid facilities in understanding SPCC requirements, including SPCC stakeholder meeting documents, EPA Memoranda of Understanding, EPA guidance letters, and other relevant agency memoranda.
Sample plans are also available at the following Web sites:
• www.epa.gov/reg3hwmd/oil/spcc/sampleplan.pdf
• www.pmpa.org/resource/public/spcc.htm
• www.yale.edu/oehs/Spcc/Sample.pdf
For more information, visit the oil program Web site at www.epa.gov/oilspill, or contact Mark W. Howard, EPA Office of Environmental Management, Oil Program, by e-mail at howard.markw@epa.gov.
NRA will monitor the situation and inform members if/when EPA releases information on revised regulations more appropriate for the food industry or provides model SPCC plans.
Tech Topics - August 2005 Render