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Fact Sheet

November 2007

Spill Prevention, Control, and Countermeasure (SPCC) 2007 Proposed Rule Amendments: Questions and Answers for Farmers

INTRODUCTION

The U.S. Environmental Protection Agency (EPA) invites the public to comment on the proposed rule amendments to the Spill Prevention, Control, and Countermeasure (SPCC) rule.  

The public comment period will end on December 14, 2007.  Written comments can be submitted online at http://www.regulations.gov.  Docket ID No. EPA-HQ-OPA-2007-0584.

BACKGROUND

On October 1, 2007, EPA Administrator Stephen L. Johnson signed a proposed rule to amend the Spill Prevention, Control, and Countermeasure (SPCC) rule.
 
The SPCC rule describes requirements for certain facilities--including farms-- to prepare, amend, and implement plans for the prevention of oil spills to navigable water whenever quantities of oil are handled. The plans should outline how to prevent oil spills in navigable waters and how to conduct spill cleanup after a spill has occurred.

With these proposed changes, EPA intends to provide clarity and streamline requirements as appropriate in order to improve compliance with the SPCC regulations.  More specifically, EPA’s proposed SPCC rule amendments will streamline a farm’s SPCC requirements as well as clarify how the rule applies to farm facilities. 

HOW TO COMMENT

To submit formal comment on the SPCC rule, visit http://www.regulations.gov and follow the online instructions to comment on Docket ID No. EPA-HQ-OPA-2007-0584.  All comments must be submitted no later than December 14, 2007.

FOR MORE INFORMATION

Please contact EPA’s Oil Spill Helpline at (800) 424-9346.  For information specific to Iowa, Kansas, Missouri, and Nebraska, please contact Ward Burns, (913) 551-7960, (800)-223-0425, or burns.ward@epa.gov

Your state’s engineering requirements may affect how the SPCC rule is implemented.  For more information on your state’s requirements, visit:

Iowa:
http://www.iowadnr.com/spills/faq.html

Kansas:
http://www.accesskansas.org/ksbtp/

Missouri:
http://pr.mo.gov/apelsla.asp

Nebraska:
http://www.ea.state.ne.us/Engineers_
and_Architects/index_html

What has EPA proposed to change?

Under the Existing Rule…

EPA’s Proposed Changes Would…

The SPCC rule applies to owners or operators of non-transportation-related facilities that:

  • Drill, produce, store, process, refine, transfer, distribute, use, or consume oil or oil products, and
  • Could reasonably be expected to discharge oil to U.S. navigable waters or adjoining shorelines.

No Change

Facilities are subject to the rule if they meet at least one of the following capacity thresholds:

  • Aboveground oil storage capacity greater than 1,320 gallons
  • Completely buried oil storage capacity greater than 42,000 gallons.

No Change

The following storage containers will not need to be included when calculating a facility’s oil storage capacity:

  • Completely buried storage tanks subject to all the technical requirements of the underground storage tank regulations
  • Containers with a storage capacity less than 55 gallons of oil
  • Wastewater treatment facilities
  • Permanently closed containers
  • Farm equipment, automotive or truck gas/fuel tanks larger than 55 gallons (referred to as motive power tanks in the Rule)

The following storage containers will not need to be included when calculating a facility’s oil storage capacity:

  • Completely buried storage tanks subject to all the technical requirements of the underground storage tank regulations
  • Containers with a storage capacity less than 55 gallons of oil
  • Wastewater treatment facilities
  • Permanently closed containers
  • Farm equipment, automotive or truck gas/fuel tanks larger than 55 gallons (referred to as motive power tanks in the Rule)
  • Hot-mix asphalt and hot-mix asphalt containers
  • Pesticide application equipment and related mix containers used at farms
  • Heating oil containers at single-family residences

If a facility…

  • Has 10,000 gallons or less in total aboveground oil storage capacity, and
  • Has not had a single discharge of oil to navigable waters exceeding 1,000 U.S. gallons or (2) two discharges of oil to navigable waters each exceeding 42 U.S. gallons within any 12-month period, in the three years prior to the SPCC Plan certification date, or since becoming subject to SPCC rule if operating for less than three years.  Discharges caused by natural disasters, acts of war, or terrorism should not be included. 

Then the facility is considered to be a “Tier II” qualified facility

No Change

An owner/operator of a “Tier II” qualified facility…

  • May self-certify a SPCC Plan instead of having it reviewed and certified by a Professional Engineer (PE)
  • May meet tailored facility security and tank integrity inspection requirements without PE certification
  • May prepare a plan that would require PE certification for only the portions dealing with measures showing environmental protection (environmental equivalent measures) and determinations of whether parts of SPCC are practical and applicable to your farm (impracticability determinations). The remaining portions of the plan could be self-certified by the facility owner/operator.

If a facility…

  • is a “Tier II” qualified facility, and
  • has no individual oil storage container with a capacity greater than 5,000 U.S. gallons

then the facility is a “Tier I qualified facility”.
An owner/operator of a Tier I qualified facility may use a template (proposed in Appendix G of the rule) to develop the facility’s SPCC plan and self-certify the Plan.  These Plans will be more streamlined than previously required.  For example, Tier I qualified facilities will not have to prepare a facility program.

For qualified facilities that are not Tier I, the facilities will be designated as Tier II qualified facilities and the requirements remain the same. (see left) 

A farm starting operation…
On or before August 16, 2002*

  • Must maintain its existing SPCC Plan based on the SPCC requirements prior to the 2002 amendments
  • Amend and implement the SPCC Plan when EPA publishes a rule specific for farms and specifies a compliance date for farms

After August 16, 2002*

  • Prepare and implement an SPCC Plan when EPA publishes a rule specific for farms and specifies a compliance date for farms

* August 16 2002 is the date that the amended SPCC rule became effective.

No Change – A final compliance date for farms will be proposed in the Federal Register at a later date.

Mobile refuelers are exempt from specific sized secondary containment requirements.

Clarification will be added so farm nurse tanks are considered mobile refuelers and therefore exempt from the specifically sized secondary containment requirements for bulk storage containers.

Farmers have flexibility to determine the boundaries of a farm facility when determining if SPCC is applicable.

The definition of “facility” will be clarified.  Words such as “property”, “parcel”, and “lease” will be used within the definition to make it easier to determine whether a farm facility is subject to the SPCC rule.  A farmer who has oil storage areas located on adjacent or non-adjacent parcels of land would have the flexibility to define such areas as separate facilities when determining if SPCC is applicable and preparing/implementing a SPCC Plan.

Farmers have flexibility to comply with the general secondary containment and added flexibility in the areas of security and integrity testing solely for qualified facilities.

Farmers will be provided with:

  • clarity on the general secondary containment requirements
  • flexibility in the security requirements
  • flexibility in the use of industry standards to comply with the integrity testing requirements

What is a “farm” by EPA’s definition?
EPA defines a farm as “a facility on a tract of land devoted to the production of crops or raising of animals, including fish, which produced and sold, or normally would have produced and sold, $1,000 or more of agricultural products during a year.”  In general, this definition covers many operations that would traditionally be thought of as a farm (for example, cattle ranch, production of major commodity, production of fruit and vegetable crops for market sale) but may also include other operations devoted to the production of crops or raising of animals (for example, dog breeding operations, greenhouses, nurseries).

I’m a farmer.  How do I know if I’m subject to SPCC?
A facility is subject to the SPCC requirements if it meets at least one of the following capacity thresholds:

In the proposed rule, EPA is clarifying the definition of “facility” to make it easier to determine whether a farm is subject to the SPCC rule.  Words familiar to farmers such as “property”, “parcel”, and “lease” will be used within the definition.
 
What are examples of oils regulated under the SPCC rule?
Examples of oils regulated under the SPCC rule include, but are not limited to, the following: 

How are “animal fat” and “vegetable oil” defined in the SPCC rule?
Animal fat means a non-petroleum oil, fat, or grease of animal, fish, or marine mammal origin. Vegetable oil means a non-petroleum oil or fat of vegetable origin, including but not limited to oils and fats derived from plant seeds, nuts, fruits, and kernels.

What provisions still apply to facilities with animal fats and vegetable oils?
Farms and other facilities that store or handle animal fats and vegetable oils and meet the SPCC rule applicability criteria (section 112.1) must prepare and implement a SPCC Plan.  The Plan must comply with the general rule requirements and the rule requirements specific to animal fats and vegetable oils listed in section 112.12.

My farm is subject to the SPCC Rule.  What should I do?
All SPCC regulated facilities are still required to comply with the existing SPCC regulations while EPA considers these proposed amendments. Therefore, continue to maintain and implement your existing Plan. When EPA publishes a final rule specific to farms, amend and implement your Plan by the specified compliance date.

Where can I read the SPCC Proposed Rule Amendments in their entirety?
Read the proposed rule electronically at http://www.epa.gov/emergencies/ or call
(800) 424-9346 to request a free hard copy.

To report an oil or chemical spill in Iowa, Kansas, Missouri or Nebraska, call
(800) 424-8802.

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