Learn the Issues
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Polychlorinated Biphenyl (PCB) Guidance Reinterpretation
EPA proposed and finalized a reinterpretation of its position regarding Polychlorinated Biphenyl (PCB) contaminated building materials.
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Hazardous Waste Cleanups
Defines the corrective action process under the Resource Conservation and Recovery Act (RCRA)
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Howards Bay Remediation
Howards Bay: Sediment Remediation
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New owner using existing RMP
If a Risk Management Plan (RMP) facility is sold to a new owner, does the new owner have to develop a whole new RMP? Or can they use the existing RMP? No, a facility does not complete a new RMP as the facility keeps the original EPA Facility ID number…
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Remote coordination with local authorities
The Risk Management Program regulations require owners and operators of stationary sources to coordinate their response needs annually, or more frequently if necessary, with local emergency planning and response organizations (40 CFR §68.93(a)). If a stationary source is in a remote location and in-person annual coordination is deemed impractical, can…
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Certifying RMP process at higher program level
If a process qualifies as Program Level 1, can a facility designate it as a Program Level 2 or 3 in their Risk Management Plan? No. The owner or operator of a stationary source with a process eligible for Program 1 must certify their Program 1 designation in their Risk…
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Determining frequency of coordination activities
The Risk Management Program regulations require owners and operators of stationary sources to coordinate their response needs annually, or more frequently if necessary, with local emergency planning and response organizations (40 CFR §68.93(a)). Are stationary sources responsible for determining if coordination activities should occur more often than annually? Ultimate responsibility…
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SPCC compliance dates for farms
What are the Spill Prevention, Control, and Countermeasure (SPCC) compliance dates for farms? On November 22, 2011, EPA amended the date by which certain farms must prepare, or amend, and implement their SPCC Plans to May 10, 2013 to comply with SPCC rule amendments promulgated since July 2002 ( 76…
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Secondary containment for each container under SPCC
Pursuant to 40 CFR §112.7(c), facilities subject to the Spill Prevention, Control, and Countermeasure (SPCC) must provide containment or diversionary structures or equipment to prevent discharges as described in §112.1(b). Additionally, facilities must construct all bulk storage container installations (except mobile refuelers) to provide a secondary means of containment for…
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Reporting requirements for oil discharges
What are the reporting requirements for discharges of oil? If a discharge of oil reaches waters of the United States, it is reportable to the National Response Center under 40 CFR Part 110, which was established under the authority of the Clean Water Act. Discharges of oil must be reported…
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Secondary containment for oil-filled operation equipment under SPCC
On December 26, 2006, EPA provided an optional alternative to the general secondary containment requirements in 40 CFR §112.7(c) for qualified oil-filled operational equipment ( 71 FR 77266). Because the alternative is optional, an owner or operator could choose to comply with the existing SPCC requirements to provide general secondary…
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What changes did EPA finalize to the SPCC Rule in December 2006?
The revised rule modifies requirements for facilities with smaller oil storage capacity and specific types of oil-filled operating equipment. If a facility has 10,000 gallons or less in aggregate aboveground oil storage capacity and the facility meets the oil discharge history criteria, then an owner/operator of a facility may prepare…
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What is considered bulk oil storage capacity?
The revised rule recognizes that oil is sometimes stored in bulk and sometimes used operationally. A bulk storage container is any container storing oil at a facility. Bulk oil storage containers may include, but are not limited to tanks, containers, drums, and mobile or portable totes. Operational use includes oil-filled…
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What is a significant and substantial harm facility?
Some substantial harm facilities may meet the criteria for a significant and substantial harm facility. After you have prepared and submitted your FRP, the RA may determine that your facility has the potential, not just for substantial harm, but for significant and substantial harm. If the RA makes that determination…
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Secondary containment requirements for mobile refuelers
What secondary containment requirements apply to mobile refuelers? General secondary containment requirements in §112.7(c) still apply to mobile refuelers at SPCC regulated facilities. General secondary containment should be designed to address the most likely discharge from the container and from oil transfers into or from the mobile refueler. The general…
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PE certification for an FRP if an SPCC impracticability determination is made
If the owner or operator of a facility subject to the SPCC regulations determines that the installation of any of the specified secondary containment structures or equipment is not practicable and accordingly provides in the facility’s SPCC Plan an oil spill contingency plan following the provisions of 40 CFR Part…
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What is included in the written commitment of resources?
Instead of providing secondary containment for qualified oil-filled operational equipment, an owner or operator may prepare an oil spill contingency plan and a written commitment of manpower, equipment, and materials to quickly control and remove discharged oil. He/she must also have an inspection or monitoring program for the equipment to…
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What are the requirements of EPA's Facility Response Plan Rule?
According to OPA, an owner or operator of a “substantial harm” facility must develop and implement an FRP. A “substantial harm” facility is a facility that, because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on navigable waters or…
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What information do I need to report for an oil discharge?
The National Response Center (NRC) will ask a caller to provide as much information about the incident as possible including: • Name, organization, and telephone number • Name and address of the party responsible for the incident • Date and time of the incident • Location of the incident •…
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SPCC Rule schedules for inspections, tests, and evaluations
The SPCC rule requires inspections, tests, and evaluations of above ground containers (40 CFR §112.8(c)(6)). Does the rule set schedules for how often these need to be conducted? The SPCC Rule does not prescribe a specific frequency or methodology for performing the required inspections, evaluations, and tests for aboveground containers…