What is an SPCC Plan 5-Year Review? – Revisited

What is an SPCC Plan 5-Year Review? – Revisited

John K. Carroll III John K. Carroll III

John K. Carroll III

Associate Managing Director at Witt O'Brien's, LLC, Part of the Ambipar Group

发布日期: 2021年6月7日
+ 关注

I have published over 200 articles on LinkedIn covering a wide range of regulations. Some of the articles are posted and I never receive any feedback. However, some articles continue to receive comments for years after they were published. This week’s article focuses on one of the top five of the most popular topics. I wrote the article five years ago and people still reach out to me every year to discuss the topic further. It is also something many of our clients struggle with regularly. Given this topic has popped up a handful of times already this year, I decided to republish it along with some additional updated information.

Question: “What is a Spill Prevention, Control, and Countermeasure (SPCC) Plan 5-Year Review?”

In my opinion, there is a very simple answer. However, to be fair, questions like these are the focus of my career. The question is certainly conversation-worthy, as there is a significant amount of confusion around what is required for SPCC 5-Year Reviews. Unfortunately, given the confusion, some consulting companies may take advantage of businesses' lack of knowledge.

I often get asked, or hear the following questions:

  1. Can I use my current plan review/edits/technical amendment for the 5-year review?
  2. Can I do the review before the actual five-year anniversary?
  3. I need a quote to have a Professional Engineer (P.E.) review and reseal my SPCC Plan for my 5-Year Review.
  4. What do I need to do for my 5-Year Review?

First, let’s see what the rule states:

At least once every five years a facility shall complete a review and evaluation of their SPCC Plan. Based on results, any amendments must be made within six (6) months* of the review. Amendments should then be implemented as soon as possible, but no later than six (6) months* following the preparation of any amendments.

This will include, at a minimum, a review of more effective prevention and control technology, which may significantly reduce the likelihood of a discharge event from the facility, if such technology has been field-proven at the time of the review.

*Some states, such as Louisiana, have shorter deadlines, i.e., 90 days.

The following changes require a technical amendment to the SPCC Plan with a Professional Engineer (P.E.) endorsement/seal:

  • Commissioning or decommissioning of containers
  • Replacement, reconstruction, or movement of containers
  • Reconstruction, replacement, or installation of non-transportation-related piping systems
  • Construction or demolition that might alter secondary containment structures
  • Changes of product or service
  • Revision of standard operating or maintenance procedures at the facility

Learn more on technical amendments here: Managing SPCC Plan technical amendments during Coronavirus “Stay at home orders.”

Now that we know what the rule states, let us go back to the questions above.

Can I use my current plan review/edits/technical amendment for the 5-year review? Yes, however, you need to ensure the 5-Year Review is documented on the revision record, and the 5-Year Review table is completed as applicable.

Can I do it before my actual five-year anniversary? Yes, you can conduct a 5-Year Review anytime during this period, effectively restarting the clock.

I need a quote to have a P.E. review and reseal my SPCC Plan for my 5-Year Review. This is where you see the most confusion, and dishonesty by service providers. A P.E. seal is not required, nor is a third party, for a 5-Year Review. A P.E. may be required if edits trigger one of the above technical amendment requirements; however, not by design part of the review.

What do I need to do for my 5-Year Review? The requirements are summarized above, however, three (3) things should be accomplished:

  1. You must review your SPCC Plan to include more effective prevention and control technologies – ones that are field-proven. You should also review any possible revisions to industry standards and determine whether these revisions impact how your current SPCC Plan is written. If what you have works, nothing new is needed. However, if you have a system that often fails, or only partially does what it is intended to do, and a new proven solution exists, you must use this opportunity to upgrade your plan.
  2. Review the overall SPCC Plan: contact tables, tank tables, procedures, diagrams, etc.
  3. You must review your spill history, with the main focus being to look for patterns, including leaks due to changes in temperature that happen every year that may flag a need for a change, regular incidents at a loading rack, or regular sheen found outside of a containment.

Earlier last year, I read an article in EHS Daily Advisor, and in it, they posed a fictitious question, which I feel is an important add-on to today’s conversation, as not every time when conducting reviews are things found to be compliant on-site.

Can you do the 5-Year Review of the SPCC Plan if Projects are Planned to Address Shortcomings?

Question: My client has their 5-year review of their Spill Prevention, Control, and Countermeasure (SPCC) plan due this year. If they find shortcomings, can they still do the 5-year review/certification of the SPCC to be in compliance, if they program and budget in the project to address the shortcoming?

Answer: Unfortunately, your client may not certify a plan if the facility is not in compliance with SPCC regulations. If your client is unable to prepare or amend and fully implement the SPCC Plan by the compliance date due to either non-availability of qualified personnel, or delays in construction or equipment delivery beyond the control of the owner or operator, then your client may request an extension from your EPA Regional Administrator.

The request must include:

  • A full explanation of the cause for any such delay and the specific aspects of the SPCC Plan affected by the delay;
  • A full discussion of actions being taken or contemplated to minimize or mitigate such delay; and
  • A proposed time schedule for the implementation of any corrective actions being taken or contemplated, including interim dates for completion of tests or studies, installation and operation of any necessary equipment, or other preventive measures.

Overall, I agree with the response; however, I would advise before reaching out to an EPA Regional Administrator to talk options thoroughly with your consultant, or a P.E. that is versed in such matters, as there may be other options to avoid raising any alarms. These are on a case-by-case basis, so it is not worthwhile to provide any examples.

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

For further reading, topics that often arise during a 5-year review:

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.

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.

要查看或添加评论，请登录

更多精彩文章

社区洞察

其他会员也浏览了