Managing SPCC Plan technical amendments during Coronavirus “Stay at home orders.”

What a crazy time we’re now living in. Never in my life would I have imagined something that would affect the entire world as CO-VID19 has. As I wrote about last week in my article, The Coronavirus – A Compliance Mindset, we are all facing new challenges on how to accomplish routine work requirements. For instance, maintaining regulatory facility compliance is especially challenging if you can’t be located on-site, given so much of the process relies on visual observations for data collection. The Environmental Protection Agency (EPA), has recognized this too and has suspended its enforcement of environmental laws amid Coronavirus for the most part. Read more, here.

As I noted in the above referenced article, there are some silver-lining opportunities during these difficult times. There are also some compliance activities that can be accomplished in a remote world – some of which you may not have even considered an option.

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Witt O'Brien's will be hosting Troy Swackhammer, Mark Howard and Chris Perry, EPA Region 6 Spill Prevention Control and Countermeasure (SPCC) Plan and Facility Response Plan (FRP) Coordinator in Houston for an all-day Free SPCC Plan and FRP workshop on June 11th, 2020. Click here to RSVP.

Coronavirus - We are monitoring this closely and have been in discussions with our presenters. If events require event hall to close, we are working on a WEBEX solution. As of today, plans are to continue to move forward, so do not let that stop you from RSVPing.

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One such activity that with proper documentation and forethought can be done remotely are Spill Prevention, Control, and Countermeasure (SPCC) Plan technical amendments. Below I’ll go into what an SPCC Plan technical amendment is, but first, let’s look how this can be accomplished in today’s environment.

• Are these changes new, or completed a while ago? If new, push out six months (some states have more stringent timelines, i.e., Louisiana is 90 days). This is due to the fact you have six months under the EPA’s SPCC program to memorialize technical amendments in an SPCC Plan, and things may just in fact be back to normal by then (at least we pray that’s the case). If you’re coming up on the six-month mark, review the next several bullets.
• What’s the risk profile on the new additions/changes? Meaning, are they something that can be easily reviewed through photos or other documents, or due to size, would require a more thorough investigation?
• If it’s low risk, work on acquiring a package of support elements, so a Professional Engineer (P.E.) would be comfortable sealing remotely. Low risk occurrences generally are regulated equipment installations, equipment/tank removals, new strapping numbers, change in products, permanently closing a tank, small portable container installations, small containment additions, changes in inspection protocols, and other similar occurrences.
• What data to collect?

1. Photos of new item – all sides
2. Purchase receipts and design specifications as applicable
3. Field measurements by essential personnel left onsite – along with pictures of area
4. Photos of where an old item was to prove gone and disposal receipts
5. Obtain a process or project description with ample supporting details

• High risk items, such as large earth containment projects, large field erected tank projects and facility expansions in today’s world will have to be addressed case-by-case. As mentioned above, EPA has provided some guidance on dealing with compliance concerns during the Coronavirus. If unable to send personnel, you should amend the plan as much as possible, and also make a note that the plan will be finalized and sealed accordingly once “stay at home” measures are lifted. Again, the key is to work the process as much as possible and make appropriate notes on why items are being delayed.

SPCC Plan Technical Amendments

The SPCC Plan regulation is an interesting one given it requires a P.E. endorsement and not many rules have this requirement. Subsequently, any changes to an SPCC Plan that are governed under the P.E. seal of endorsement must be reevaluated and resealed by a P.E. The question of “What is governed by a P.E. seal?” is where operators sometimes get confused.

Let’s check out what the rule says.

 §112.5 Amendment of Spill Prevention, Control, and Countermeasure Plan by owners or operators.

If you are the owner or operator of a facility subject to this part, you must:

(a) Amend the SPCC Plan for your facility in accordance with the general requirements in §112.7, and with any specific section of this part applicable to your facility, when there is a change in the facility design, construction, operation, or maintenance that materially affects its potential for a discharge as described in §112.1(b). Examples of changes that may require amendment of the Plan include, but are not limited to: commissioning or decommissioning containers; replacement, reconstruction, or movement of containers; reconstruction, replacement, or installation of piping systems; construction or demolition that might alter secondary containment structures; changes of product or service; or revision of standard operation or maintenance procedures at a facility. An amendment made under this section must be prepared within six months, and implemented as soon as possible, but not later than six months following preparation of the amendment.

(b) Notwithstanding compliance with paragraph (a) of this section, complete a review and evaluation of the SPCC Plan at least once every five years from the date your facility becomes subject to this part; or, if your facility was in operation on or before August 16, 2002, five years from the date your last review was required under this part. As a result of this review and evaluation, you must amend your SPCC Plan within six months of the review to include more effective prevention and control technology if the technology has been field-proven at the time of the review and will significantly reduce the likelihood of a discharge as described in §112.1(b) from the facility. You must implement any amendment as soon as possible, but not later than six months following preparation of any amendment. You must document your completion of the review and evaluation, and must sign a statement as to whether you will amend the Plan, either at the beginning or end of the Plan or in a log or an appendix to the Plan. The following words will suffice, “I have completed review and evaluation of the SPCC Plan for (name of facility) on (date), and will (will not) amend the Plan as a result.”.

One note, the timing of when these must be completed can vary by state. some states like Louisiana, which has a 90-day provision, have more stringent programs.

Let’s first break out the requirements by number to clarify what is covered under the P.E. seal of endorsement:

1.      Commissioning or decommissioning containers

2.      Replacement, reconstruction, or movement of containers

3.      Reconstruction, replacement, or installation of piping systems

4.      Construction or demolition that might alter secondary containment structures

5.      Changes of product or service

6.      Revision of standard operation or maintenance procedures at a facility

By the numbers:

1.      The first part is a no-brainer. If you add a new tank the SPCC Plan requires a recertification. This provision is for any regulated tank, flow through vessel, oil-filled operational equipment, or mobile refueler that is regulated under the SPCC program with a capacity of 55 gallons or more. We see oversights when a tank is removed, thus reducing oil storage on sight. Yes, though you’re reducing oil volume on sight, the original tank was part of a P.E. seal, and thus must be revisited by a P.E. Therefore, any changes to regulated tanks must be captured under a P.E. recertification.

2.      The second requirement is for the most part the same as the first. The difference is that in the second requirement you are not removing or adding a regulated container -- it’s moving or modifying an existing regulated container. The oversight on this provision is generally on the “like-kind” replacement. Though, in theory, you have changed with the same type of container; however, you have altered a container that was previously sealed by a P.E.

3.      Like numbers one and two, the third requirement covers regulated oil piping. When an SPCC Plan is written detailed discussions are required of oil piping on site in relation to construction, inspections and location and are part of the P.E. review and endorsement. Hence, any modifications require a recertification.

4.      The fourth requirement is straight forward. Where we sometimes see an oversight under this requirement is when companies knock down a dike wall for tank installations or other maintenance activities, or when a containment is improved for the better. In these cases, assertions are sometimes made that nothing has changed, or the system has been improved, so it’s better. However, you must remember, any modification to an item under the original P.E. endorsement must be revisited and recertified, no matter the size.

5.      Requirements five and six are the two most commonly overlooked, and, subsequently, in more cases than not, they don’t get recertified as they should. Any tank that changes product must be recertified. This may seem silly; however, part of the P.E. endorsement is to ensure compatibility of tanks with the products being stored. 

6.      This last requirement is a somewhat vague but an important one. When a P.E. endorses a plan and backs it up with a seal of endorsement, the P.E. is stating that the procedures, inspections and training are approved. That is to say, they meet the intent of the rule and shall be administered by the operator. Because of this, it’s important you review the SPCC Plan with their P.E. prior to finalizing to ensure everything is agreeable so a final plan can be developed that meets the SPCC requirements. If one changes these, a P.E. must review again for compliance and provide a recertification on the new edits.

Bottom line: Outside of making personnel changes, one should fire off a quick message to one’s P.E., or their P.E. representative, to confirm if a proposed modification is covered under §112.5 to avoid unnecessary issues down the line.

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

Recent articles tackling thinking out of the box:

• Leveraging your FRP: Coronavirus: Is your Pandemic Plan up to date?
• Your FRP: Is it just a plan, or effectively leveraged to support your communication plan?

For a complete listing of archived blogs 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.

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