Do you need an SPCC Plan for a Construction Site, Temporary Workover Site, Pipeline RoW Job Tanks? YES, YOU DO!

Several topics I write about tend to percolate to the surface regularly; hence, why every so often I republish an article, but with some updates and lessons learned since the original post.  This week is no exception. Since last November I have been asked today’s questions by two different companies. Both companies are building new assets; one a large pipeline covering multiple states and the other a new terminal.

In combing the different questions into one single question, they ask: “Do I need an SPCC Plan for tanks at my construction site -- tanks I bring in to collect pipeline drainage while doing maintenance on a pipeline right-of-way (RoW), temporary tanks I bring in at a well-workover site, or temporary frac-tanks we bring in for miscellaneous jobs?

------------------------

Missed our Compliance Workshop last November, email John Carroll at [email protected] to be added to our mailing list.

Witt O’Brien’s plans on doing several workshops here in 2021; PHMSA, EPA, USCG.

Our next workshop, PHMSA compliance (audit expectations, OSRPs, drills/training), is now scheduled for April 7th. Register Today

-----------------------

Before diving into the answer, let us review a quick summary of the applicability of the SPCC rule:

Section 112.1 of the SPCC rule establishes the general applicability of the SPCC rule. The SPCC rule applies to facilities that:

• Are non-transportation-related (as defined in the rule);
• Have an aggregate aboveground oil storage capacity of more than 1,320 U.S. gallons in containers that are 55 gallons or greater, or a completely buried oil storage capacity greater than 42,000 U.S; and
• Could reasonably be expected to discharge oil to navigable waters or adjoining shorelines in quantities that may be harmful.

The above are the key drivers of the SPCC rule.  We must start there, so you can determine its location and storage capacity that drives your applicability, not the use for the tank or shortness of use – there are a couple of exceptions to this (this is a conversation for another day); however, generally speaking, if you trigger 1,320 gallons of oil storage capacity on-site in containers in 55 gallons or larger, you need an SPCC plan.

The Environmental Protection Agency (EPA) recognizes these situations specifically in the below-linked guidance document, where they state:

SPCC facilities include not only permanent facilities with fixed storage and equipment, but also those that have only standby, temporary, and seasonal storage as described under §112.1(b)(3), as well as construction facilities. The owners and operators of mobile facilities (addressed in §112.3(a)) can create a general Plan, instead of developing a new Plan each time the facility is moved to a new location. Types of operations (mobile facilities) using a mobile plan include, but are not limited to, mobile fueling operations, road construction projects, drilling operations, and workover operations.

Two important takeaways from this statement: 1) If your tanks are temporary, they need a plan; however, if you have an existing SPCC Plan, they would fall under the technical amendment provisions (some states have more stringent periods, i.e., LA) and you wouldn’t have to address the temporary tanks for  six (6) months in your current SPCC Plan.  Keep in mind physical controls, i.e., berms, would need to be in place per the regulations effective day one. 2) The EPA acknowledges locations that do not have a fixed SPCC Plan already in place can develop a General Plan, which provides more flexibility.

So, going back to the original questions, your answer is yes; however, one has some flexibility with how to address the SPCC Plan development requirements.  

Another important item to consider, generally speaking, temporary locations will fall under 10,000 gallons in aggregate oil storage.  As such, one can utilize the EPA’s Tier 1 Template which does not require a Professional Engineer (PE) to sign off and can be self-certified – a quicker and cheaper alternative to comply with the requirement.

To be a Tier I qualified facility, one must have:

• A total aboveground oil storage capacity of 10,000 U.S. gallons or less;
• No aboveground oil storage containers with a capacity greater than 5,000 U.S. gallons; and
• No single oil discharge greater than 1,000 gallons, or
• No two discharges greater than 42 gallons within any 12-month period to navigable waters or adjoining shorelines in the three years before the SPCC plan is certified.

Want to read more?  The current “bible” for all things to reference on SPCC regulations can be found in the EPA’s SPCC Guidance for Regional Inspectors website.

For further reading:

• SPCC Plans 101 – Back to the Basics
• Post EPA Conference Notes -What level of management is required to sign off on an SPCC Plan or FRP?
• Technical amendments under the SPCC rule
• Tank volume, what to use under the SPCC Rule
• Documentation = Proof = No Argument = No SPCC Plan Headaches
• SPCC Plans – PE Endorsements
• Post EPA Conference Notes – What documentation is needed if claiming exempt from the SPCC regulations?

For a complete listing of archived articles and compliance insights, click here. Past blogs cover training requirements, clarification on additional confusing elements within the above rules, and much more.

We are here to help solve your compliance questions and challenges. Need some compliance assistance, or just have a question? Please email John K. Carroll III ([email protected]) Associate Managing Director – Compliance Services or call at +1 281-320-9796.

Witt O’Brien’s:

• To learn more about Witt O'Brien's and all that we do, please visit us on our website.
• To follow Witt O’Brien’s and stay informed on important updates, follow us on LinkedIn.