Are you ready for Witt O’Brien’s' 2022 SPCC Workshop (12/6)? Here are the 2021 SPCC Workshop Q&A Highlights.
John K. Carroll III
Associate Managing Director at Witt O'Brien's, LLC, Part of the Ambipar Group
Last year, on October 4th, Witt O’Brien’s hosted the Environmental Protection Agency’s (EPA) Mark Howard and Chris Perry for one of our Compliance Workshops which focused on Spill Prevention, Control, and Countermeasure (SPCC) compliance. The workshop, as with others, was a resounding success, and we were pleased to receive a number of thought-provoking questions from the participants.
Our next SPCC workshop is tomorrow, December 6th. You can RSVP below. The week after the 6th we will be hosting our final workshop for 2022 on the EPA’s Facility Response Plan (FRP) regulations.
The presenters during these workshops do a wonderful job highlighting industry trends, as well as minute details of the current regulations. Below, you can see some of the questions that were asked last year – a copy from a previous post.
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Did you miss our earlier workshops this year? Interested in receiving copies of the PowerPoints? Interested in getting on our mailing list for future workshops? If yes, please email me at [email protected].
Click below to RSVP to one of the below FREE webinars.
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Below are the list of questions asked of the presenters during the 2021 Compliance Workshop. Some of the questions related back to articles I’ve written previously, therefore I’ve included a hyperlink to the related blog post.
1.??????Good morning! I’m a consultant from Chicago. A question I have had popped up recently regarding mobile substations. They are typically included in a facility SPCC Plan; however, should they really have their own plan since they get used at different locations?
Short answer, read up on the Mobile SPCC requirements found here.
Similar past article: Do you need an SPCC Plan for a Construction Site, Temporary Workover Site, Pipeline RoW Job Tanks? YES, YOU DO!
2.??????How does a closed-loop hot oil heating system, with an expansion tank, but not a storage tank qualify?
The short answer, if there is no tank, the system would be considered oil-filled operational equipment.
3.??????Hello! What if a company owns the property and is leasing to another company with different operations working on that same property? Do they both need to have individual SPCC plans? Both companies handle oil over the 1,320 threshold.
The short answer, SPCC compliance falls under the operator of the regulated containers. If both companies have their own set of regulated containers, then both need their own SPCC Plan (or could do an overall complex plan and define where separations are). If just the lessee has regulated containers, then only they require an SPCC Plan.
4.??????Is there a rule distinction between using the language permanently closed vs. out of service?
Similar past article: Permanently Closed vs. Not-In-Use/Out of Service (SPCC Discussion)
5.??????Is the spill specific to the facility or the company as a whole that triggers that portion of the plan?
“Qualifying” spills are site-specific, not companywide. Meaning, all qualifying spills would have to originate from a particular asset, not the aggrege count of multiple facilities.
6.??????What level of manager can self-certify the plan, and does he need to visit the site?
Similar past article: Post EPA Conference Notes -What level of management is required to sign off on an SPCC Plan or FRP?
7.??????If we do not know the soil type or if there is a liner, then are floor soil samples required to prove imperviousness?
Short, answer, probably not, but read the below article to learn more.
Similar past article: What’s meant by “sufficiently impervious” under the SPCC rule?
8.??????Do tanks containing oily water fall under SPCC even if they are a part of a wastewater treatment system?
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This is a complicated question, but a short answer, maybe. One should read Chapter 5 of the SPCC Guidance For Regional Inspectors manual for a full explanation, as there are a lot of variables here.
9.??????Railcars, can they be regulated?
Similar past article: Revisited: Are railcars regulated under the SPCC rule? (SPCC Discussion)
10.??5-Year Review: what is required, who can sign, is a PE required?
Similar past article: A Reminder What is (and isn’t) an SPCC Plan Five-Year Review?
11.??If you find out your containment is short several years after the fact, and it will take several months to correct, what does EPA recommend to document this?
Similar past article: What happens if your containment is short? - SPCC Compliance
12.??If building new tanks, does the 6-month requirement to seal also count towards finalizing containment – meaning, the product will be stored while the containment wall is down?
No, one is required to have required containment day one. There is no temporary provision or allowance for removing a dike wall for construction or maintenance. If your tanks have product in them, you must have the required “sized” containment around them.
13.??Does the Professional Engineer (P.E.) need to take into account if a dike wall can withstand a full tank release, which creates a large tidal wave with large forces?
This was an interesting question, as here at Witt O’Brien’s we have had to deal with this question several times this year. Mark’s response was short but very insightful. First, the P.E. is required to ensure the berm was built with good engineering practices. This also requires a good visual review of the condition of the berm before sealing. Secondly, the facility must have a strong Facility Response Plan (FRP) in place. He noted, one of the main purposes of the FRP rule was a direct result of the Ashland tank failure that caused a tidal wave that breached containment. These two conditions/factors together give the P.E. confidence in sealing an SPCC Plan.
14.??Submerged, “submarine” piping: inspection requirements, are they required to be double walled?
They are not required to be double walled; however, are required to be built to a recognized industry standard. As most of these are part of production fields, they should be part of the flowline maintenance program, which should define an inspection schedule and how they are being inspected. Some states, like Louisiana, have very particular requirements for these.
15.??Concrete/metal barges: single haul barges allowed?
Similar past question: Upstream Oil and Gas Production Barges; Barge or Tank? - SPCC Discussion
16.??Can I use a camera at the drainage valve while draining my large dike instead of having someone stand there?
EPA hadn’t seen this question yet, so would handle this question case-by-case in the future. However, noted their initial thought was no, as it should be supervised, which implies someone there.
17.??If I purchase an existing facility, can I use the old plan and P.E. seal?
Similar past article: “I just bought an oil marine terminal – now what?” ICP Timelines - EPA, USCG, PHMSA Requirements
For a complete listing of archived articles and compliance insights, click here. Past articles cover training requirements, clarification on additional unclear elements within the above rules, and much more.
We are here to help solve your compliance questions and challenges. Need some compliance assistance, or have a question? Please email John K. Carroll III ([email protected]), Associate Managing Director – Compliance Services, or call +1 954-625-9373.
Witt O’Brien’s:
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