Are surface impoundments regulated under the SPCC and FRP program? Yes.
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.)
Today’s article is about surface impoundments, as they relate to facilities that meet the applicability criterion for an Environmental Protection Agency (EPA) Spill Prevention, Control, and Countermeasure (SPCC) Plan. If you need a refresher on SPCC Plans, click here .
Here’s how EPA defines a surface impoundment.
“Surface Impoundment” means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well or a seepage facility.)
Today’s topic is timely, because recently, a surface impoundment had a wall collapse resulting in a loss of fluids that impacted neighboring water bodies. As a result of this incident, the EPA has started focusing on ensuring these ponds comply with applicable regulations in regions where they are most prevalent. ?
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So, back to the question: “Do surface impoundments require an SPCC Plan and possibly a Facility Response Plan (FRP)?” The short answer is yes. If you meet the planning requirements for an SPCC Plan, you must develop an SPCC Plan for your surface impoundment operations as well. And, if the pond or the overall facility’s aggregate oil storage exceeds a million gallons, you must develop an FRP.
When I first came across surface impoundments years ago, my first question was, “Are the planning requirements different, as they are inground systems and not aboveground tanks?” ?Here, the answer is no. The overall planning requirements are the same. Surface impoundments are not considered Underground Storage Tanks (UST), so 280 and 281 exemptions do not apply. Planning discussions will be tailored for each pond’s unique designs, but the overall physical, contracting, training, and planning requirements remain the same.
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Developing plans for surface impoundments may feel awkward, as many of the regular planning discussions are not applicable, and the ponds are generally unmanned in the middle of nowhere.
When you are developing an FRP or SPCC Plan for a surface impoundment, do not skip items that are not applicable. Instead, make a statement declaring that the item is not applicable so you don’t get dinged during an audit for overlooking plan requirements.
If you need help developing SPCC and/or FRP plans for a surface impoundment, we have developed a handful of these and have proven templates.?Moreover, we have developed thousands of SPCC Plans and FRPs.
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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.
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