Construction sites must comply with the Spill Prevention Control and Countermeasure (SPCC) rule

To determine if your jobsite must comply with the SPCC rule, you should add all the “oil” storage containers (tanks, drums, totes, etc.) that can hold 55 gallons or more, even if empty. If the total exceeds 1,320 gallons (i.e., 1,321 gallons) and there is a “reasonable expectation” of a discharge into or upon navigable waters of the United States or adjoining shorelines, then you are required to comply with the SPCC regulations at your construction site. The term “oil” means oil of any kind or in any form, including, but not limited to: waste oil; used oil, heating oil; petroleum; diesel fuel; kerosene; gasoline; lubricating oils; biodiesel blends; asphalt cement; sludge; oil refuse; oil mixed with wastes other than dredged spoil and other oils and greases, including synthetic oils and mineral oils. EPA’s 2013 SPCC Guidance for Regional Inspectors lists factors to consider in determining whether there is a reasonable expectation of an oil discharge from a construction site to navigable waters of the United States or adjoining shorelines and if that site is subject to the Spill Prevention Control and Countermeasure rule. Such factors include whether on-site conduits, such as sewer lines, storm sewers and certain underground features (e.g., power or cable lines or groundwater) could facilitate the transport of discharged oil off-site to navigable waters.

For example, a contractor has two 55-gallon drums of oil on his jobsite, a 500-gallon diesel tank, a 500-gallon gasoline tank, and an empty 500-gallon tank for storing used oil. Therefore, the total capacity is 1,610 gallons, which exceeds the 1,320-gallon threshold. In addition, the jobsite is near storm sewers so any oil spilled on the jobsite could reach navigable waters of the United States. So this construction site is regulated by the federal SPCC requirements.

According to EPA’s 2013 SPCC Guidance for Regional Inspectors, if a construction site is regulated under the SPCC rule, it is the responsibility of the “facility” owner and operator to ensure that an SPCC plan is prepared. A site may have multiple owners and/or operators. Factors to consider in determining which owner or operator should prepare the plan include who has control over day-to-day operations of the facility or particular containers and equipment, who trains the employee(s) involved in oil handling activities, who will conduct the required inspections and tests and who will be responsible for responding to and cleaning up any discharge of oil.  EPA expects that the owners and operators will cooperate to prepare one or more plans, as appropriate.

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If you already have a plan, maintain it. If you do not have a plan, you must prepare and implement one. Many contractors will need to have their plan certified by a professional engineer (PE). Specifically, if your jobsite has storage capacity of more than 10,000 gallons, or has had an oil spill, you may need to prepare an SPCC plan certified by a PE. Also, if you decide to use certain alternate measures allowed by the SPCC rule, you may need a PE to certify that the alternative measures provide equivalent environmental protection. However, many construction sites may be eligible to self-certify their Spill Prevention Control and Countermeasure plans. Specifically, if your site has a total oil storage capacity between 1,320 and 10,000 gallons in above ground containers and the jobsite has a good spill history as described in the SPCC rule, you may prepare and self-certify your own plan. To know more insights about Spill Prevention Control and Countermeasure (SPCC), visit www.questepa.com.