Background
What is a Spill Prevention, Control and Countermeasure (SPCC) Plan?
An SPCC plan is a written document that describes measures one
has taken to prevent, contain and clean up oil spills. The term
"oil" includes gasoline, diesel, heating oil, and solvents. All SPCC
plans must be certified by a professional engineer.
Who needs an SPCC Plan?
* Reflects changes made to this rule effective August 16, 2002.
Any facility that has
- an aggregate aboveground petroleum storage capacity greater
than 1,320 gallons, or
- an underground storage capacity greater than 42,000 gallons
which, in the event of a spill could reasonably be expected to
reach the navigable waters of the U.S. or adjoining shorelines, must
have a Spill Prevention, Control, and Countermeasure Plan
What counts toward storage capacity?
Storage capacity includes the capacity of all containers such as
tanks, portable tanks, transformers, 55-gallon drums, etc. The
capacity of any empty containers that may be used to store oil and
are not permanently taken out of service are also counted in a
facility's total storage capacity. Containers less than 55 gallons
are exempt from the scope of these rules as of August 16, 2002.
Does the term "oil" include vegetable oil, transformer oil, and
other non-petroleum based oil?
Yes. "Oil" is defined in 40 CFR 112.2 as oil of any kind or in
any form, including, but not limited to, petroleum, fuel oil,
sludge, oil refuse and oil mixed with wastes other than dredge
spoil. This definition has been interpreted to include vegetable
oil, mineral oil, transformer and other oils.
Are SPCC plans required by law?
Yes, SPCC plans are required by federal regulation 40 CFR 112
which is implemented by the U.S. Environmental Protection Agency.
Visit EPA on line for up to date information on this regulation:
http://www.epa.gov/reg3hscd/oil/spcc/.
Can I prepare my own SPCC plan?
Any
facility operator may draft his or her own SPCC plan. Plans must be
certified however. Reflecting an amendment to the rule finalized in
2007, many facility operators may now self-certify their plan if
they meet the EPA criteria detailed at
http://www.epa.gov/emergencies/content/spcc/spcc_dec06.htm#amendments. Facilities which do not meet these criteria must have a
Professional Engineer certify and stamp their plan.
The Maryland Clean Marina Initiative has prepared free templates
that marina/boatyard operators can use in either instance.
Click here to download the SELF-CERTIFY template in MS Word
Click
here to download the P.E. CERTIFIED template in MS Word
Click here to download a "frame" for
your site map (Adobe Acrobat file 18 KB)
Clean Marina Funding for P.E. Certification
To alleviate the financial hardship that certification by a
Professional Engineer poses for some marinas, the Clean Marina
Initiative has contracted the engineering firm of EBL Enginners to review and certify SPCC
plans at no cost to marinas.
To be eligible for this service boating facility operators must
not be eligible to self-certify their own plans and must submit the
following items to the Clean Marina office:
- A signed Clean Marina Pledge.
- A completed self-assessment, i.e, Clean Marina Award
Checklist. Priority will be given to facilities that meet the
Clean Marina Award Criteria in all aspects except the SPCC
requirement.
- Draft of an SPCC plan prepared using the attached template.
Once Clean Marina staff receive the items listed above, they will
forward a copy of the draft SPCC plan to EBL
Enginners.
Clean Marina staff will notify the marina when they are
authorized to schedule a site visit with a representative from the
engineering firm. During the site visit, an engineer will verify the
adequacy of oil spill prevention measures and the accuracy of the
SPCC plan. Assuming that the engineer is satisfied with the
preparations at the marina, he or she will certify the SPCC plan and
provide copies to the marina and the Clean Marina office.
Submit pledge, checklist, and draft SPCC plan to:
Donna Morrow
Maryland Clean Marina Initiative
Maryland Department of Natural Resources
580 Taylor Ave., E-4
Annapolis, MD 21401
410-260-8773 (phone) - 410-260-8404 (fax)
dmorrow@dnr.state.md.us
Additional Information
How long will this service be available?
A finite amount of money has been set aside for the certification
of SPCC plans. Once the funding is gone, so is the service. To make
the most economical use of State funds and the engineers' time,
therefore, we will make every effort to schedule multiple site
visits on a single day. This approach may mean that a particular
facility has to wait several weeks after submitting their draft SPCC
plan before a site visit is scheduled. You can help us to minimize
this lag time by encouraging your neighboring marinas (those that
need SPCC plans) to submit their materials at the same time that you
submit yours.
Who do I give the SPCC plan to?
A copy of the entire SPCC plan must be maintained at the marina
if the facility is normally attended at least eight hours per day,
or at the nearest field office if the facility is not so attended.
Since a boating facility must be in compliance with all
applicable laws and regulations in order to be certified as a
Maryland Clean Marina, any facility wishing to be recognized as a
Clean Marina and that is subject to the SPCC requirements must
submit a copy of its SPCC plan to the Clean Marina office.
The SPCC plan is not required to be filed with the U.S. EPA, but
a copy must be available for on-site review by the regional
administrator during normal working hours. The SPCC plan must be
submitted to the U.S. EPA Region III regional administrator and the
Maryland Department of the Environment along with the other
information specified in 40 CFR 112.4 if either of the following
occurs:
- the facility discharges more than 1,000 U.S. gallons of oil
into or upon the navigable waters of the United States or
adjoining shorelines in a single event, or
- the facility discharges oil in excess of 42 gallons in two
spill events within any twelve month period.
How often must I review the SPCC plan?
The facility owner or operator must review the SPCC plan at least
every five years. These reviews must be documented.
When do I have to update the SPCC plan?
The SPCC regulation requires the owner or operator to amend the
plan whenever there is a change in facility design, construction,
operation, or maintenance that materially affects the facility's
potential to discharge oil. Such amendments must be fully
implemented not later than six months after the change occurs. All
amendments must be certified by a registered professional engineer.
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