Spill Prevention, Control and Countermeasure

SPILL PREVENTION, CONTROL AND COUNTERMEASURE

(SPCC) – 40 CFR 112

Policy and Procedure for the EPA SPCC rule.

OBJECTIVE: As a measure to control oil from being introduced into navigable waters of the United States and adjoining shorelines, the EPA has developed the Spill Prevention, Control, and Countermeasure (SPCC) rule. The SPCC rule provides guidelines for facilities so that they can meet the requirements of the Clean Water Act; section 311.

INTODUCTION: Before a facility is subject to the SPCC rule, it must meet three criteria:

1. Must be non-transportation-related;

2. Must have an aggregate aboveground storage capacity greater than 1,320 gallons or a completely buried storage capacity greater than 42,000 gallons; and

3. There must be a reasonable expectation of a discharge into or upon navigable waters of the United States or adjoining shorelines.

EPA’s guidance lists the following factors to consider in determining whether there is reasonable expectation of discharge:

1. Whether a past discharge of oil reached a navigable water or adjoining shoreline, which indicates that another could be reasonably expected;

2. Whether the facility is adjacent to navigable waters and a discharge to the navigable waters could be reasonably expected;

3. 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;

4. Whether a unique geological or geographic feature would facilitate the transport of discharged oil off-site to navigable waters;

5. Whether the facility is near a watercourse and intervening natural discharge;

6. Whether precipitation runoff could transport oil into navigable waters; and

7. The quantity and nature of oil stored.

DEFINATIONS: November 26, 2008 the EPA restored its original 1973 definition of “navigable waters” as follows:

1. All navigable waters of the United States as defined in judicial decisions before passage of the 1972 Amendments to the CWA and tributaries of such waters;

2. Interstate waters;

3. Interstate lakes, rivers, and streams that are utilized by interstate travelers for recreation or other purposes; and

4. Interstate lakes, rivers, and streams from which fish or shellfish are taken and sold in interstate commerce.

Discharge of Oil Regulation Overview – The regulation establishes the criteria for determining whether an oil spill may be harmful to public health or welfare, thereby triggering the reporting requirements, as follows:

·  Discharges that cause a sheen or discoloration on the surface of a body of water;

·  Discharges that violate applicable water quality standards; and

·  Discharges that cause a sludge or emulsion to be deposited beneath the surface of the water or on adjoining shorelines.

Oil Discharge Reporting requirements – What are the oil discharge reporting requirements in the SPCC rule? Any facility owner/operator who is subject to the SPCC rule must comply with the reporting requirements found in §112.4.

A discharge must be reported to the EPA Regional Administrator (RA) when there is a discharge of:

·  More than 1,000 U.S. gallons of oil in a single discharge to navigable waters or adjoining shorelines.

·  More than 42 U.S. gallons of oil in each of two discharges to navigable waters or adjoining shorelines occurring within any twelve-month period.

When determining the applicability of this SPCC reporting requirement, the gallon amount(s) specified (either 1,000 or 42) refers to the amount of oil that actually reaches navigable waters or adjoining shorelines, not the total amount of oil spilled.

EXPLANATION: Concordia University Chicago is not a transportation-related facility. It has an aboveground aggregate oil capacity of approximately 2,000 gallons, with a buried capacity of 41,300 gallons.

Upon carefully investigating the requirements that would designate CUC as a regulated SPCC facility, it is our conclusion that we do not meet the third criteria of the requirements (i.e. “There must be a reasonable expectation of a discharge into or upon navigable waters of the United States or adjoining shorelines.”).

This decision is based on information gathered on-line and provided by the EPA, National Response Center (NRC), and the United States Coast Guard Marine Safety Office (see DEFINATIONS). Additional considerations used were input regarding the campus drainage and sewer systems; the area topography as related to the nearest navigable waters; and the fact that any single aboveground oil spill would not be sufficient enough to meet reporting requirements.

Adopted: 9/6/2011 Latest Review: 3/15/2016