Spill Prevention
Spill Prevention (SPCC) practice requires that we address issues on behalf of our clients that include:
- Providing advice to client regarding what activities and equipment are and are not regulated under the SPCC regulations
- Spill prevention compliance activities required by state and federal administrative laws and regulations
- Facilitation and coordination of preparation of document and plans required by the SPCC regulations
- Defense of administrative or civil enforcement actions related to spill prevention issued or instituted by state or federal administrative agencies
- Defense of civil actions by state or US departments of justice related to spill prevention after referral of administrative enforcement actions by state or federal environmental agencies
Spill Prevention (SPCC) matters in which the firm has or attorneys with the firm have been involved include the following:
- Defense attorney in a civil action filed by the DOJ on the behalf of a pipeline transmix facility for purported violations of RCRA, SPCC, EPCRA and Used Oil regulations.
- Prepared a storm water pollution prevention plan, a SPCC Plan and SPCC Plan Implementation procedures for an oil transportation company
- Developed and modified SPCC Plans, BMP plans and TSDF storm water management plans
- Prepared Facility Response Plans pursuant to OPA-90
- Developed SPCC plans for a variety of clients
Often subparts A through C of 40 CFR Part 112 are referred to as the “SPCC rule.” On December 11, 1973, the original SPCC final rule was published in the Federal Register with an effective date of January 10, 1974 (38 FR 34164). Several revisions to the SPCC rule have been made through the years. The regulation established oil discharge prevention procedures, methods, as well as equipment requirements for non-transportation-related facilities. Focusing on oil spill preparedness, prevention, and response, the SPCC rule is intended to protect public health, public welfare, and the environment from the potential harmful effects of oil discharges to navigable waters and adjoining shorelines. The rule requires that facilities that could reasonably be expected to discharge oil in quantities that could be harmful into the navigable waters of the United States and adjoining shorelines to develop and implement SPCC Plans. The Plans make sure that these facilities put into place containment and countermeasures that will prevent oil discharges. Being required to develop, implement, and revise the SPCC Plan, as well as train employees to carry it out, will aid owners and operators in achieving the goal of preventing, preparing for, and responding to oil discharges that will threaten navigable waters and adjoining shorelines.
Part 112 also contains requirements for Facility Response Plans (FRPs). The EPA has established requirements that define who must prepare and submit an FRP and what exactly must be included in the Plan. These requirements are found in Subpart D of 40 CFR part 112, which is also often referred to as the “FRP rule.”