August 29, 2002
Environmental Compliance Alert
As you already know EPA recently finalized several rules related to the SPCC program, the combined result is 40 CFR Part 112 - Oil Pollution Prevention and Response; Non-Transportation-Related Onshore and Offshore Facilities final rule. Here is a summary of the rulemaking, the requirements and the important dates for implementation.

The most important aspect of the final rule may be that the preamble language gives us a current and up-to-date perspective of what EPA considers to be the scope of the SPCC program and their interpretation of its requirements. The rule will have both positive and negative impacts on Corps projects and facilities.

Positive impacts will primarily be reduced administrative burdens associated with record keeping. Changes to container size and quantity thresholds will mean some small facilities may no longer be regulated by the SPCC rule (Outgrant properties may also realize this positive impact). The elimination of containers under 55 gallons and 40 CFR 280 compliant USTs from the SPCC regulations will reduce the compliance burden at many facilities. Also, integration of the NPDES permit program and associated BMPs addressing storm water will help to further reduce record keeping duplication.

Negative impacts include the requirement to review and revise existing SPCC Plans and coordinate PE re-certifications of existing Plans by 17 Feb 2003. Furthermore, the actual implementation of amended plans, due by 18 Aug 2003, may require unanticipated and unbudgeted capital improvements. Improvements may be needed to respond to EPA requirements for secondary containment, loading/unloading racks, oil water separators and oil filled equipment.

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