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Spill Prevention and Countermeasure
What’s going on?
On July 17, 2002 the U.S. EPA enacted new Spill Prevention
Control and Countermeasure (SPCC) regulations (40 CFR 110 through 112). The new regulations represent the final rule under the Clean Water Act for spill prevention at oil storage and/or use facilities. The new rule became effective on August 16, 2002.
Why should you be concerned?
Existing facilities with SPCC plans must update their plans by August 17, 2004. If a facility is largely in compliance with current regulations, the update may require little more than a cross-reference list to match up with the new SPCC plan format.
If a facility is not in compliance with current rules, it may be more appropriate to draw up a new plan. An existing facility that never hada SPCC plan should prepare one right away since the facility is already in violation under the old rules.
What is a SPCC Plan?
A SPCC plan primarily documents methods a facility utilizes to prevent potential discharges of oil. The SPCC plan provides the proper phone numbers to call and forms to file in the event of an oil release. The plan must address all relevant spill prevention, control, and countermeasures necessary to prevent an oil spill from reaching U.S. waterways. SPCC plans must be certified by a professional engineer.
What if I don’t have SPCC plan?
Failure to comply with SPCC requirements is a civil violation of the Clean Water Act, and the EPA can assess fines. Failure to notify the EPA and state authorities of a spill (even as small as 42 gallons) is a felony offense under the Oil Pollution Act, and can result in fines. Failure to have an SPCC plan on site can be particularly serious if an accidental release occurs at your facility.
How can SEH help?
SEH is familiar with the new SPCC rules and has written SPCC plans for more than 70 storage facilities. We can help you decide whether to amend your existing plan or prepare a new one.
Why bother with yet anothergovernment regulation?
The SPCC plan can be thought of as a form of spill prevention insurance that will significantly reduce the probability that your facility will experience an unintentional release and the tremendous cleanup costs that could be incurred. If you do have a release, the plan will help guide you through proper notification and cleanup procedures so that you and your staff can respond to the situation with confidence.
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