SPCC, SWP Plans, Tank Integrity Testing, TRI Form R Reporting
13460 S Arapaho Dr, Olathe, KS 66062
913-712-8077
The Team
Rick Smith
Owner
OWNER / SENIOR ENVIRONMENTAL CONSULTANT Has been in the Safety, Health, and Environmental fields for over 25 years.
Certified Steel Tank Inspector.
913-638-3455
Chris Smith
Environmental Consultant
Christopher Smith is a environmental consultant for MTCS. Certified Steel Tank Inspector.
Steve Spencer
Sales and Marketing
Marcia Hobbs
Environmental Consultant
15+ years experience environmental compliance for electric utility, OSHA certified SHEP
(safety, health and environmental professional)
marcia@midwest-training.com
Midwest Training and Consulting Services
We make environmental compliance easy and affordable. We have the experience and education to assist you with the Federal and State
regulatory requirements and make you a more efficient and profitable organization. If you believe your time would be better served with
your organization primary mission, let us help you with what we have established expertise in.
Our focus
We are a full service environmental regulatory compliance company. Our primary focus is related to assistance with. Clean Water Act programs such as the Oil Pollution Prevention Control Program, Point and Non-Point Discharge programs. We have helped many organizations with the development of Spill Control and Countermeasure (SPCC) Plans and Stormwater Pollution Prevention Plans. Regarding the SPCC Plan requirements we have two certified steel tank inspectors to assist clients with the federal requirement of determining the integrity of the bulk containers. We have been inspecting bulk containers since 2011. Our client base has grown to over 330 organizations with over 900 facilities in 40 states.
Environmental Activites and types of Organizations
Primary Groups we provide assistance
Transportation – Total 181 facilities
Air – Government operated, Fixed Base Operators and Air AG
Sprayers - 76 facilities
Truck 105 facilities
County and Municipalities
Road and Bridge/Streets Shops/Landfills 107 facilities
Power Plants and Wastewater 59 facilities
Ready Mix and Aggregate Organizations
Aggregate Facilities: 75 Facilities
Ready Mix Facilities: 87 Facilities
Convenience Stores and Fuel Transporters: Facilities 104
Equipment Dealer (Sales, Rental and Service) organizations:
Facilities 108
ADDITIONAL SERVICES
Tracking System
Online tracking system with your permit documents
Tablet
Environmental Inspections-available for you to use.
Online training
Divided into monthly topics to ensure compliance
Our Clients Include:
CLIENTS
AIRPORT TRANSPORTATION SECTOR
Members of the Kansas Airport Association (KAA) and the Kansas Aerial Agriculture Association (KAAA)
Total Different Airports – 59 different airports in 9 different states
80 Different Airport operators
Fixed Based Operations
30 (FBO) at 23 different airports
Million Air/Freeman Holdings 13 different facilities
Larger Groups at Johnson County Airport Authorities (New Century and
Olathe) as well as Topeka two airports
SPCC Plans 25 plans
Tank Inspections 9 facilities
SWP Plans 13 Plans
County and City Airport Operations
40 operations at 33 different airports
SPCC Plans 40 plans
Tank Inspections 3 facilities
SWP Plans 20 Plans
Aerial AG Sprayers
10 Different at 6 different airports
SPCC Plans 9 plans
ELECTRIC OPERATIONS
Members of the Kansas Municipal Utilities Association
Different Municipal Electric Activities
City Power Plants
57 city power plants
SPCC Plans 34 plans
Tank Inspections 23 facilities
SWP Plans 2 Plans
Electric Cooperatives
25 electric cooperative’s locations in five states
SPCC Plans 25 plans
Tank Inspections 3 facilities
GOVERNMENT ORGANIZATIONS
State Organizations
Kansas Fish and Wildlife - SPCC Plan
Kansas Turnpike Authority – SPCC Plans and Tank Inspections
Wichita State University – SPCC Plan and Tank Inspections
Tech State College, Linn, Missouri – SPCC Plan
Missouri Western University (State) – SPCC Plan
Members of the Kansas County Highway Association
County Organizations (not airports)
Kansas
County Road and Bridge Shops 52
Quarry -1
SPCC Plans 55
Tank Inspections 22
Landfills
SPCC Plan - 4
Missouri
County Road and Bridge Shop – SPCC Plan - 1
Members of the Kansas Municipalities Association
Municipalities (not Airports and Power Plants)
Public Works
SPCC 9
Integrity Testing
Waste Water Facilities
SPCC Plan 5
SWP Plan 4
Water Department
Tank Inspections 1
FUEL TRUE and Convenient Stores
Members of Kansas Fuel True Association, we assist with SPCC Plans,
SWP Plans, Integrity Testing and Community Right to Know Reporting
Kansas/Missouri/Nebraska
Capital City Oil - 24 facilities
Fleet Fuels - 13 facilities
Wanklyn Oil – 11 facilities
Kramer Oil – 8 facilities
HAAG Oil – 4 facilities
Pete’s Corporation – 6 facilities
McAllister Oil – 3 facilities
D&S Oil 2 facilities
Robson Oil 2 facilities
Schnoover Oil 2 facilities
Zollicker Oil 2 facilities
Agenda Oil 1 facility
Domains General 1 facility
Doniphan Liquor 1 facility
Grand Central Station 1 facility
Hartford One Stop 1 facility
Healy Oil 1 facility
Highway 50 Stop 1 facility
Junction Store 1 facility
Knotty Oil Pine 1 facility
Moon County Store 1 facility
MO’s Stop and Go 1 facility
Nortons Fuel Service 1 facility
One Stop 1 facility
O’Riley Oil 1 facility
Potawatomie Retail 1 facility
Rickets South Plaza 1 facility
Spring Hill Oil 1 facility
Stop and Go 1 facility
READY MIX/AGGREGATES
Members of the Kansas Ready Mix and Aggregate Producers, we assist
with SPCC Plans, SWP Plans, Integrity Testing and Community Right to
Know Reporting
Kansas - Ready Mix Association
Monarch – 7 companies with 17 facilities
Summitt Materials – 2 companies with 9 facilities
Croell, Inc – 11 facilities
Pennys Concrete – 11 facilities
Midwest Concrete Materials 9 facilities
Andale Ready Mix – 3 facilities
Geiger Ready Mix – 3 facilities
Midwest Ready Mix – 2 Facilities
Wakeeny Ready Mix – 2 facilities
Independence Ready Mix – 1 facility
Missouri - Ready Mix Association
Monarch – 4 companies with 9 facilities
Summitt Materials – 1 company with 1 facility
Pennys Concrete – 8 facilities
Geiger Ready Mix – 2 facilities
Kansas - Aggregate Producers
Summitt Materials – 2 companies with 33 facilities
Monarch – 1 companies with 1 facility
Harshman Construction – 17 facilities
Bayer Construction – 10 facilities
Midwest Concrete Materials 6 facilities
Kaw Valley Sand – 5 facilities
Pennys Concrete – 2 facilities
Eakin Enterprises – 2 facilities
Southwest Butler – 2 facilities
HiGrade Aggreates – 1 faclitiy
Missouri - Aggegate Producers
Summitt Materials 1 company with 4 facilities
Monarch – 1 company with 1 facility
TRANSPORTATION
We assist with SPCC Plans, SWP Plans, Integrity Testing and Community
Right to Know Reporting
12 transportation companies with 94 facilities
GFL USA – 40 Locations in 16 different states
Savage Services – 32 locations in 15 different states
Norfolk Iron and Metal 18 locations in 13 different states
Lefebvre Trucking – 3 locations in 3 different states
Mies and Sons – 2 locations in Kansas
B&B Trucking 1 location
Beaver Lake Concrete 1 location
Blish Mize 1 location
Clymore Trucking 1 location
Earp Distribution 1 location
Schock Transfer – 1 location
Suteco Trans - 1 location
Tier II
“Facilities covered by The Emergency Planning and Community Right-to-Know Act (EPCRA) must submit an emergency and hazardous chemical inventory form (Tier II Report) to the LEPC, the SERC and the local fire department annually.” This report is due March 1st of each year.
The EPA currently lists over 300 Extremely Hazardous Chemicals. If you use, store or manufacture any of the listed chemicals at or above their Threshold Planning Quantity (TPQ), those chemicals must be reported in a Tier II Report. Please note – if a chemical does not meet its TPQ, but you manufacture, use or store over 500 pounds in weight at your facility, it also must be disclosed in a Tier II Report. In addition, ALL other chemicals have a TPQ of 10,000 pounds, and if you use, store or manufacture these chemicals in quantities greater than 10,000 pounds at your facility, they must also be reported.
If a chemical meets its TPQ, an Emergency Planning Document must also be prepared.
It is important to note the standard of measurement for these chemicals is pounds, not gallons. Items easily overlooked are Compressed Gases (propane, nitrogen, oxygen) which may weigh over 10 pounds per gallon; Forklift Batteries contain battery acid and approximately 18% of the total weight of a battery, in some cases one battery could reach the 500 pound threshold.
You may already have the necessary documents by another name. If you have a Spill Prevention Plan certified by a professional engineer it would meet the requirement for over 10,000 pounds (1,320 gallons) of petroleum products. An RCRA Contingency Plan, developed for hazardous waste, may meet the requirement if modified.
We do an on-site inspection, prepare all necessary cover letters and documentation, including a chemical list and site diagram. If needed, we also prepare an Emergency Planning Document for your facility.
For the 2015 annual reporting we completed over 125 reports.
Tank Management Systems
Owners Responsibilities relating to Tank Management.
The owner is responsible for compliance with the Steel Tank Institute SP-001, fire codes, ordinances, and other rules and regulations.
The owner shall verify that persons working on ASTs understand and address all hazards association with the contents of the ASTs, as well as safe entry and hot work procedures with those ASTs.
The owner inspections are responsible for performing the periodic AST inspections and documentation the results.
The owner is responsible for assuring that the tank is appropriately designed, constructed, repaired (if necessary) and maintained to operate safety in the intercede service conditions.
The owner has the responsibility to address corrective actions identified in inspection reports.
The management program we propose to assist you with is:
First, we categorize your Above Ground Storage Tank to determine what your inspection and full integrity testing requirements must be completed.
The EPA requires an Annual Tank Inspection. Steel Tank Institute which is one of the standards the EPA states should be completed. This would include an initial External Inspection by STI Inspector and document event.
This inspection will include: Documenting the inspection from US EPA and Steel Tank Institute – Annual Inspection Requirements for Above Ground Storage Tanks and Components of the Tank.
We already have an automated tracking system for environmental and tank inspection requirements. We can assist you with the input of your locations and will assist you in suspensing the inspection requirements of your bulk tanks. Tracking will include all tank maintenance, Fire Codes, state and local Ordinances and other rules and regulations.
An initial external inspection and evaluation of the tank program. Includes identifying a baseline integrity of the steel tank. If the tank does not have an Underwriters Laboratory label or engineering drawings, then a baseline must be established. If records of the tank are not available, ultra sound measurements may be taken. If additional inspection such as integrity testing of some tanks, we can do that also. Documentation for each tank will completed.
Initial and Periodic Tank Inspection –
Initial inspection includes checking for presence of water inside a tank and including the interstice if a double wall AST.
Management of fuel tanks systems.
Corrosion Management and evaluation
Ensure water management program is conducted.
Verify compliance with employee monthly inspections.
Verify regulatory inspections of equipment such as overfill protection is completed, tested, and issues are corrected.
Vents are proper and working
Check electrical wiring, including grounding
Settlement issues
Inspect and verify operation of ancillary equipment to include:
Piping and piping connections
Stairways, handrails and platforms
Monitoring of correction of deficiencies.
Documentation of Water Releases from Containment.
Conduct Annual Employee Training for Above Ground Storage Tanks (how to conduct inspections) and management of SPCC Plans.
We can also provide Quarterly information (provided through email) on up to date Environmental and Tank programs.
We can also assist with evaluation of additional mandatory external inspection requirements for initial installation, episodic (Severe Weather and Extreme Icing), change of product and repairs to tank.
If we can answer any questions, please contact us. We expect most of the assistance after the initial visit, can be by phone, email and other electronic means.
Richard Smith, MTCS, Phone Number is 913-638-3455. Email rick@midwest-training.com, Company Website: Midwest-training.com
Storm Water Permits
General: Facilities with a stormwater discharge associated with industrial activity subject must request authorization for and obtain coverage under an NDPES permit. Coverage may be obtained under this general permit, or by meeting the requirements for permit exemption or exclusion. This program does not relieve a facility with other Clean Water Act requirements relating to direct discharges, wetlands and special aquatic restrictions, and community requirements.
Stormwater Associated with Industrial Activity means the discharge from any conveyance that is used for collecting and conveying stormwater and which is directly related to manufacturing, process or raw materials storage areas at an industrial plant.
If your facility has “no exposure” (all industrial materials and activities are protected by storm resistant shelter to prevent exposure to precipitation, snowmelt, surface runoff or drainage) then a certification that there is “no exposure” must be submitted.
There are 11 categories some of the more common are listed below.
Category (i) Facilities subject to stormwater effluent limitation guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR Subchapter N (numerous activities and processes). There are already 57 specific industry requirements relating to water run-off of facilities. Category (ii) Certain specific industries Series 24, 26, 28, 29, 311, 32, 33, 34, 373. Category (iii) Mineral Industries, Category (iv) Hazardous Waste Activities, Category (viii) Transportation Activities. Category (xi) Light Industry activities
The EPA program documents includes material handling equipment (including earth moving).
Obtaining Authorization – Notice of Intent
Submission of a Notice of Intent must be submitted, even if already submitted. There is a change of form that requires certain information be provided. In addition, there is a state fee required at the submission.
For new facilities requiring authorization to discharge stormwater runoff, must submit an NOI at least 60 days prior to commencement of the covered industrial activity.
Stormwater Pollution Prevention (SWP2) plans and Best Management Practices (BMP).
The permittee must develop a stormwater pollution prevention (SWP2) plan that is specific to the industrial activity and site characteristics occurring at the permitted location described in the NOI. The permittee must fully implement and periodically review, and update as necessary, the provisions of their SWP2 plan.
The SWP2 Plan is to be retained on site and made available to State EPA, or MS4 upon request.
The plan requirements are outlined in the EPA/State document. This includes general facility information, description of potential pollutant sources, measures and controls, monitoring and recordkeeping requirements, spill and release requirements and reporting.
Implementation Requirements
• Review facility for versus requirements of the procedure.
• Ensure Notice of Intent (NOI) and Annual review (fees) are submitted.
• Develop documentation a Stormwater (P2) Plan for facility.
• Designate person to administer the Stormwater (P2) plan program.
• Provide local training of site personnel.
• Conduct Inspections required by Site specific Stormwater (P2) Plan
• Maintain inventory of equipment and containment to reduce or eliminate stormwater contamination from facility.
• A log to document a description of incidents and items that need follow-up must be maintained.
• Visually inspect stormwater quality periodically.
Phase One Environmental Site Assessments
WHO NEEDS An Environmental Site Assessment: Phase I
Owner/Operators that intend to apply liability defenses must complete the Phase I or Due Diligence is completed to satisfy one of the requirements to qualify for the liability defense:
1) Innocent Landowners (Owner/Operator)
2) Contiguous Property Owner
3) Bona Fide Prospectus Purchaser
4) Application for EPA Brownfield's Grants
PURPOSE OF PHASE I
The Phase I uses requirements of ASTM E1527-05 and 40 CFR 312 is required to find:
A. Recognized environmental conditions means presence or likely presence of any hazardous substances and/or petroleum products.
B. All appropriate inquiry for other state, local laws and federal laws.
C. Brownfield’s grants, you must also look for controlled substances that could be at the property.
WHAT WILL YOU GET WITH THE PHASE I
Four Components that must be included:
A. Records Review, historical sources and records from federal, state, and local government records, UST records, and Hazardous Waste handling, treatment, storage, disposal and spill records.
B. Site Reconnaissance, visual inspection of the facility and adjoining property. Includes geological concerns, general description of property, storage tanks, pools of liquids.
C. Interviews, past and present owners, operators, and occupants of facility.
D. Report
E. If Brownfield’s Grants, then research on history of controlled substances must be reviewed.
F. No bulk sampling of materials, this could be recommended for the Phase II.
WHY YOU MIGHT WANT TO HAVE A PHASE I
This is something you want before your purchase the property. Financing companies will want this before approving the financial agreement.
1. Obtaining a new commercial or industrial property
2. Expanding your current facility by obtaining adjoining property.
3. Expanding your current operations by leasing additional property.
4. Leasing your facility property to another industrial/commercial enterprise.
5. Refinancing your operations budget.
6. A government agency may condemn property for local government buildings.
7. Recovering a property for delinquent obligations (back taxes).
8. Obtaining a Brownfield’s grants for assistance in a hazardous substance clean-up.
ADDITIONAL ITEMS ON PHASE I that may be requested:
Asbestos Lead in Paint and Drinking Water
Radon PCB’s
Wetlands Endangered Species
Regulatory Compliance status Mold and other Indoor Air Quality Issues
SPCC's
Midwest Training and Consulting Services (MTCS) started in April 1996 as an independent safety, health and environmental consulting services. WE ARE THE PREMIER PROVIDER OF THE EPA’s SPILL PREVENTION PLANS (SPCC) in the four state areas of Kansas, Missouri, Iowa and Nebraska. We completed over 74 last year and nearly 800 plans in the total.
DO YOU NEED SPCC PLAN? Companies meet the threshold of the SPCC Plan (40 CFR 112.7) requirement (1,320 gallons of oil products (fuels, fluids, and lubricants). This includes all containers 55 gallons or greater – drums, totes, tanks, electrical equipment and equipment reservoirs new or used. Once the threshold is met you will need to have a Spill Prevention Control and Countermeasure Plan. This law has been in place since 1973 and has had many changes since that date. You should complete these documents as soon as possible, so you will know what changes to your facility and operations the Professional Engineer will require meeting the EPA rules.
I recently reviewed of all EPA Inspections of locations where SPCC Plan’s were the reason for the inspection. The following information is based on inspections where no fuel or oil was released. 85% of all SPCC Plans inspected had deficiencies including no SPCC Plans completed with fines assessed. Technical Amendments: Technical changes to your facility operations and bulk storage containers must be approved by a Professional Engineer. You have 6 months to make these amendments to your facility once the change has been made. Every Year: Your management official should review the document for any changes and if technical amendments are noted. A review of your facility, training and recordkeeping should also be checked. Five Year Review: EPA requires a management official to review the SPCC Plan every five years. This has two important requirements bring your SPCC Plan update with changes the EPA has made in past five years and changes to your facility in the past five years.
Other inspections violations include 45% of the locations had deficiencies related to inspections and 50% of the locations had not completed required training. 95% of the locations had not completed the integrity testing of the bulk storage containers. We can assist your organization with our training and inspection workbooks and we can complete the tank inspections for steel – shop built tanks. For more information about when to update your plan see below!
INTEGRITY TESTING OF ABOVE GROUND STORAGE TANKS (AST)
If you have a SPCC Plan then you know you must complete integrity testing for your tanks. The EPA has spelled this out since the 2002 changes to these regulations. The allowed some grace period to get it completed by November 2011.
If you have above ground storage tanks the professional engineer should have designated a period of time to complete your inspections including the integrity testing of bulk containers larger than a drum. You should make sure your tank has a UL 142 stamped label on the tank. If you do you should be able to have the tank in service for 10 years without integrity testing. If you do not have a UL label or you do not know how long the tank has been in service, you should arrange for this testing immediately. If you know the manufacturer of the tanks you may contact them to verify the date of service or the standard which was used to construct the tank.
The EPA regulation 40 CFR 112.8 states a qualified inspector with either Steel Tank Institute (STI) or American Petroleum Institute (API) complete the inspection. There will be a visual inspection to verify the tank system is complete and one form of nondestructive testing. Since technology exists with the ultrasound device, many companies including ours uses this type of device.
The key to not completing an internal inspection is the tank cannot be in contact with soil. The ultrasound measurement device allows us to do this inspection at a reduced rate.
Some basic questions you should be asking your staff.
Do we have an integrity testing program?
Do we have all inspection and maintenance items in our SPCC Plan.
Do we have any plastic totes that we are reusing in service over 5 years.
Do we have any bulk containers greater than 55 gallons that we have had in service over 10 years need integrity testing by a qualified inspector.
Have we completed all items of concern from maintenance items and inspectors requirements.
Quarterly updates per groups
Quarterly Updates
Midwest Training and Consulting Services would like to offer you this service for free! A quarterly update you can follow for your operations!
Environmental Calendar for First Quarter
January
Review Topics for your facility
Air Permitting Requirements – Review visible Air Emissions for the facility. Air Emissions can be a distortion like a vapor from a solvent or a fuel, visible particulate like abrasive blasting media, overspray or oil colling mist, welding fume.
Is there a formal evaluation of total air emissions calculations to compare state air permitting requirements?
Review of recordkeeping and documentation, monthly air emissions for VOC and HAPs, training and inspections.
Stationary motors such as a generator
Review of Facility for applicable Maximum Achievable Control Technology (MACT) programs.
MACT 6X annual report must be received by EPA and State Agencies by Jan 31
MACT 6H – Painter three-year training, good time to review for employees that must be renewed.
February
Review Topics for your facility
EPCRA – TIER II Reporting: Applicable to organizations that are required to comply with OSHA.
Emergency Planning Review
Chemical Inventory Review
Safety Data Sheet Inventory
Preparation and Submission of TIER II Report for Extremely Hazardous Substances (there are over 400 substances) and items that are over 10,000 pounds. That were on site one day of the year.
Report must be submitted to Fire Department, County Emergency Management (LEPC) and State Emergency Response Commission (SERC)
March
Review Topics for your facility
Hazardous Waste (RCRA) Program. Hazardous waste is either on the lists of F, K, P, U or it has certain characteristics of Ignitability, Corrosive, Reactive or fail the Toxic Characteristics Leaching Properties.
Review your hazardous substances that are wastes.
Review your recordkeeping for shipments (manifests)
Review your weekly and monthly inspections documentation
Ensure employees are obtaining annual training.
Review disposal records and evaluate hazardous waste transporters and disposal facilities
Some states like Kansas require annual reporting to be submitted.
Changes in your category should have a new EPA 8700 notification submitted.
2nd Quarter Environmental Requirements, what you need to know by groups and Counties
The EPA and State Solid/Hazardous Waste Requirements are such that every organization must decide by following certain guidelines about materials that they are disposing of. The State has specific forms and processes to determine which items are Hazardous Waste, Oils, Universal Waste and Special Waste. There are also other products that have specific disposal requirements such as FIFRA and PCB materials.
We can assist your organization with determining what materials are in which category and documenting your solid waste program.
Ready Mix/Asphalt
The EPA requires all companies with certain industry codes and activities to prepare Toxic Release Inventory (TRI or FORM R). Both Ready Mix and Asphalt operations have materials that must be reported that are as small as 100 pounds and one material is just 10 pounds to reach its threshold.
We can do some simple calculations to let you know if you must do the report and if you require assistance, we can assist you.
This is the quarter that all ready-mix facilities must complete their annual stormwater comprehensive evaluation for forwarding next quarter. We currently assist 50 organizations in Kansas and Missouri.
If we provide the assistance, we will complete an electronic checklist that will be mailed as well as the state inspectors checklist and the other state forms that must be mailed in.
Airports
This second quarter airports review their Spill Prevention Control and Countermeasure (SPCC) Plan. Most airports have at least 1,320 gallons of oil products (Fuels, Fluids and Lubricants). You must have a current SPCC Plan (Prepared and reviewed every five years) that is specific to your location and details your compliance with the Federal Requirements and organization policies. Those locations that have over 10,000 gallons total oil products including portable containers like refuelers and transports must be signed by a Professional Engineer.
Annual Inspections should include a review of the plan, ensuring all employees that may see a release have had annual training related to spills and the portion of your SPCC Plan that covers releases.
Verify your monthly inspection documentation
Verify your secondary containment discharge records.
Power Plants/Electric
This 2nd Quarter is a great opportunity to review your tank inspection program. Your SPCC Plan must detail this program including scheduling of the Integrity Testing of the tanks and methods to be used. If the Tank does not have a UL Label, then it must be inspected immediately to establish a baseline. If it has a label and is within secondary containment (including double wall tanks) then the general guidelines are:
Every tank must have a periodic inspection by a qualified inspector
Vertical Tanks should have an external inspection within a 10-year service schedule.
Horizontal Tanks (raised) should have an external inspection within a 20-year service schedule.
In addition, annually the tank should be inspected for visual issues such as leaking valves, hoses and to ensure overfill protection is accurate and in working order.
Fuel Providers
This second quarter you should review your Spill Prevention and Control and Countermeasure (SPCC) Plan. The basic threshold is at least 1,320 gallons of oil products (Fuels, Fluids and Lubricants). You must have a current SPCC Plan (Prepared and reviewed every five years) that is specific to your location and details your compliance with the Federal Requirements and organization policies. Those locations that have over 10,000 gallons total oil products including portable containers like refuelers and transports) must be signed by a Professional Engineer.
Annual Inspections should include a review of the plan, ensuring all employees that may see a release have had annual training related to spills and the portion of your SPCC Plan that covers releases.
Verify your monthly inspection documentation. Verify your secondary containment discharge records.
When is it time to update your Spill Prevention Control and Countermeasure Plan.
As you are aware there are three categories of SPCC Plans
TIER I – 1,320 total oil capacity up to 10,000 gallons no tanks greater than 5,000 gallons
TIER II – 1,320 total oil capacity up to 10,000 gallons a tank greater than, 5,000 gallons
Professional Engineer – Total oil capacity over 10,000 gallons
In addition, TIER I and II must have Professional Engineer sign off on all exceptions to regulatory requirements. Such as an exception to visual observation of secondary containment releases due to a technology improvement such as an oil shut off device of a pumping system.
The Management Responsible Official is responsible for complying with 40 CFR 112.5.
Pursuant to 112.5(a), the facility must periodically review and evaluate the SPCC Plan for any change in facility design, construction, operation, or maintenance that materially affects the facility’s potential for an oil discharge, including, but not limited to:
• commissioning of containers.
• reconstruction, replacement, or installation of piping systems.
• construction or demolition that might alter secondary containment structures; or,
• changes of product or service, revisions to standard operation, modification of test/inspection procedures, and use of new or modified industry standards or maintenance procedures.
Amendments to the plan made to address changes of this nature are referred to technical amendments and must be certified by a PE. Non-technical amendments can be done, and must be documented in this section, by the facility owner and/or operator.
Non-technical amendments include the following:
• Change in the name or contact information, i.e., telephone numbers, of individuals responsible for the implementation of this plan; or,
• Change in the name or contact information of spill response or cleanup contractors.
Facility must make the needed revisions to the plan as soon as possible, but no later than six months after the change occurs. The plan must be implemented as soon as possible following any technical amendment, but no later than six months from the date of the amendment.
Remember this statement is including, but not limited to. My experience with EPA inspections is they will find the changes. In addition, to the changes to plan descriptions, every document in the plan is reviewed with the noted changes to the facility operation and site diagram. Your site diagram will also be cited if the description and the diagram do not match.
This is important to keep this plan updated and when the technical amendments are made.
The mandatory five year would only require changes if your operation has implemented more effective prevention and control technology.
The Five-year (40 CFR 112.3 and 112.5) review includes designating a person as responsible for imitating and coordinating revisions to the plan. This is a good time to catch your current plan up with all the technical and non technical changes since the last prepared SPCC Plan.
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; 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.”
NOTE: During your review for technical changes, compare your SPCC Plan for Portable containers and tanks. Transports and Refuelers and similar petroleum carrying transportation equipment is commonly missed during the SPCC Plan reviews. Any portable tanks that have fluids in above the release valve must be considered in your plan.
The Review Process
You should make a complete review of the current plan, especially noting the date of the plan’s preparation.
Review the current regulatory requirements, referenced materials and EPA interpretations and guidelines.
Review your organizations operations and facility with the current plan.
After you note all changes – identify which ones are technical (PE Required) and nontechnical.
Identify the process of updating your SPCC Plan.
Bulk Containers and Inspections. (Latest change is January 2018)
I have also attached a fact sheet on Integrity Testing published by the EPA.
The STI SP-001 indicates all tanks with secondary containment that are 5,000 gallons or above must have a form of integrity testing. Although the PE is responsible for identifying in the SPCC Plan tank inspection schedules, as general rule.
Vertical Tanks require External Inspections after 10 years of service or since the past (passing) external inspection.
Horizontal Tanks require External Inspections after 20 years of service or since the past (passing) external inspection.
Tanks without a UL Plate or technical design diagrams must have a baseline evaluation regardless of orientation and if secondary containment is provided or not. This will serve as the baseline and generally five years another inspection is made to determine if the container is losing integrity.