Regional EPA Inspectors SPCC Checklist

Regional EPA Inspectors SPCC Checklist

January 22, 2008

I wanted to remind you of what the SPCC regional inspectors are instructed to evaluate facilities and spill prevention plans against. The material in this entry comes from the below link. Additional information may be found there:

http://www.epa.gov/emergencies/docs/oil/spcc/guidance/2_Applicability.pdf

Tank Trucks EPA regulates tank trucks as “mobile/portable containers” under the SPCC rule if they operate exclusively within the confines of a non-transportation-related facility. For example, a tank truck that moves around within the facility and only leaves the facility to obtain more fuel (oil) would be considered to distribute fuel exclusively at one facility. This tank truck would be subject to the SPCC rule if it, or the facility, contained above the regulatory threshold amount and there was a reasonable expectation of discharge to navigable waters or adjoining shorelines. Similarly, an airport refueler or construction refueler that fuels exclusively at one site would be subject to the SPCC rule. However, if the tank truck distributed fuel to multiple off-site facilities, the tank truck would be transportation-related, and regulated by DOT.

Tank trucks that are used in interstate or intrastate commerce can also be regulated if they are operating in a fixed, non-transportation mode. For example, if a home heating oil truck makes its deliveries, returns to the facility, and parks overnight with a partly filled fuel tank, it is subject to the SPCC rule if it, or the facility has a capacity above the threshold amount, and there is a reasonable expectation of discharge to navigable waters or shorelines. However, if the home heating oil truck’s fuel tank contains no oil when it is parked at the facility, other than any residual oil present in an emptied vehicle, it would be regulated only by DOT.

Any Loading/Unloading Activities

EPA regulates the activity of loading or unloading oil in bulk into storage containers (such as those on tank trucks or railroad cars), as well as all equipment involved in this activity (e.g., a hose or loading arm attached to a storage tank system). A “loading/unloading area” is any area of a facility where oil is transferred between bulk storage containers and tank trucks or railroad cars. These areas are subject to the general secondary containment requirements in §112.7(c). If a “loading/unloading rack” is present, the requirements of §112.7(h) apply to the loading/unloading rack area.

Motive Power

Motive power containers are located in or on a motor vehicle, such as on-board bulk oil storage containers used solely to power the movement of a motor vehicle, or ancillary on-board, oil-filled operational equipment used solely to facilitate its operation. A motive power container can be considered non-transportation-related and subject to the SPCC rule. However, EPA does not believe that the intent of the SPCC rule was to regulate motive power containers, including oil-filled tanks used to fuel the propulsion of vehicles, such as buses, sport utility vehicles, construction vehicles, and farm equipment.

1 Is the facility or part of the facility considered non-transportation-related and engaged in one of the following activities? Drilling, producing, gathering, storing, processing, refining, transferring, distributing,using, or consuming oil.

Yes. Go to question 2.No. The facility is not subject to the SPCC rule.

2 Could the facility reasonably be expected to discharge oil in quantities that may be harmfulinto navigable waters or adjoining shorelines?

Note: This determination must be based solely upon consideration of the geographical and locationaspects of the facility (such as proximity to navigable waters or adjoining shorelines, land contour,drainage, etc.) and must exclude consideration of manmade features such as dikes, berms,equipment or other structures, which may serve to restrain, hinder, contain, or otherwise prevent a discharge. Yes. Go to question 3.No. The facility is not subject to the SPCC rule.3a Is the total aggregate capacity of aboveground oil storage containers greater than 1,320 gallons? Note: Exclude containers less than 55 gallons, permanently closed containers, and storage containers used exclusively in wastewater treatment.Yes. The facility is subject to the SPCC rule.No. Go to question 3b.

3b Is the total aggregate capacity of completely buried storage tanks greater than 42,000 gallons?

Note: Do not include completely buried tanks subject to all technical requirements of 40 CFR part 280or 281, containers less than 55 gallons, permanently closed containers, or storage containers usedexclusively in wastewater treatment.Yes. The facility is subject to the SPCC rule.No. The facility is not subject to the SPCC rule.