Post Workshop Q&A: Do I need to keep my spill history in my SPCC Plan?
John K. Carroll III
Associate Managing Director at Witt O'Brien's, LLC, Part of the Ambipar Group
(This article was written without AI tools, i.e., ChatGPT.)
As I have mentioned previously, the next few articles will be devoted to questions asked during our 8th annual compliance workshop.
I particularly like today’s question, as we get it often: Do I need to keep my spill history in my Spill Prevention, Control, and Countermeasure (SPCC) Plan?
The answer is easy: “No.” Okay, this week’s article is done.
One important note: spill history under this rule is specific to qualifying oil discharges. Last week’s article, linked down below, addresses what that means.
Actually, the answer is no, but... You don’t have to maintain a spill history in the SPCC Plan, but you need to maintain one onsite.
I want to clarify one point: many get confused by the statement in bold below. This statement is for visual inspections of regulated containers, pipes, and equipment, as well as for personnel training. It also states testing, but industry standards like API 653 say “life of the tank,” so this part is meant more for what the Environmental Protection Agency (EPA) will go back and look at, as opposed to dictating an overreaching standard for record retention. (Yes, it is confusing.)
(e) Inspections, tests, and records. Conduct inspections and tests required by this part in accordance with written procedures that you or the certifying engineer develop for the facility. You must keep these written procedures and a record of the inspections and tests, signed by the appropriate supervisor or inspector, with the SPCC Plan for a period of three years. Records of inspections and tests kept under usual and customary business practices will suffice for purposes of this paragraph.
EPA’s Facility Response Plan (FRP) rule has a provision similar to the above, but records retention under this part of the rule are for five years. This provision causes even more confusion for those who also have to comply with it.
?
领英推荐
Under 40 CFR 112.7(e), you must include the written procedures and records of inspections for each facility in the SPCC Plan. You must include the inspection records for each container, secondary containment, and item of response equipment at the facility. You must cross-reference the records of inspections of each container and secondary containment required by 40 CFR 112.7(e) in the facility response plan. The inspection record of response equipment is a new requirement in this plan. Facility self-inspection requires two-steps: (1) a checklist of things to inspect; and (2) a method of recording the actual inspection and its findings. You must note the date of each inspection. You must keep facility response plan records for five years. You must keep SPCC records for three years.
With regards to how long you have to keep spill history records, the answer is, in my opinion, for the life of the facility. This includes your ownership and the prior ownership when available. If you search the SPCC rule, you will not see this stated, but it is indicated in 1.4.4 of Appendix F on the FRP side. (See the article linked below for more details). It’s true that the FRP rule doesn’t apply to all SPCC Plan holders, but it is a good point of reference for what the EPA expects (during a typical EPA audit; however, they will limit their review to three years of records).
Last week, I addressed “What is a reportable spill in an EPA FRP?”. Click here to read this article and learn what is reportable and what THE DOCUMENTATION requirements are.
For a complete listing of archived articles and compliance insights, click here. Past articles cover training requirements, clarification of additional unclear elements within the above rules, and more.
We are here to help solve your compliance questions and challenges. If you need compliance assistance or have questions, please email John K. Carroll III ([email protected]), Associate Managing Director – Compliance Services, or call +1 954-625-9373.
?
Witt O’Brien’s:
______________________________________________________________________________________?
Personal Note: Struggling with suicidal thoughts or know someone who is displaying worrisome characteristics? If yes, the American Foundation for Suicide Prevention (AFSP) has excellent resources to help: a crisis hotline (simply call/text 988), a counselor directory, resources to navigate, etc. Click here to go to their website.
Oil Spill Prevention Program Manager and Senior SPCC Advisor at USEPA
1 年Agree. This is a common misconception. For SPCC there is no specific spill history requirement ( always good to maintain one but not required). The pre 2002 SPCC rule had a spill history requirement, but that requirement was removed in the 2002 final SPCC rule.