State SPCC Spill Prevention Requirements vs EPA 40 CFR 112

The requirement for a formal Spill Prevention, Control and Countermeasure (SPCC) Plan comes from a federal regulation - 40 CFR 112 ("SPCC Rule"). Certain States may have their own requirements for spill prevention and response, which are in addition to the SPCC Rule. States may also have State above ground storage tank rules, "permit by rule", or individual or general tank permitting requirements, which are outside the scope of the SPCC Rule.

Whether or not a site needs to prepare and implement and SPCC Plan, as defined under the SPCC Rule, will depend on oil storage capacity at the site. If the capacity to storage oils exceeds 1,320 gallons, then an SPCC Plan may be required. State requirements may still apply for facilities with less than 1,320 gallons.

Some key considerations include:

• Oils regulated are not limited to petroleum and fuels - other types of oils, including food oils, hydraulic fluids, etc. may be regulated under SPCC Rules. Additional materials, which might not be regulated as oils may also need to be included to comply with individual State requirements.


• All containers greater than 55-gallons need to be included (which includes 55-gal drum containers)


• Although underground storage tanks may be excluded, the types of oil storage goes well beyond fixed abovegound storage tanks; containers regulated under SPCC Rules can include oil-filled equipment (e.g., gear boxes, reservoirs), oil-filled electrical equipment, and mobile tanks.

Compliance with SPCC Rules begins with careful consideration of 40 CFR 112, the additional requirements for the individual State where the site is located, and an in-depth inventory of regulated materials and containers.

[Read more about recent changes to SPCC Rules]

[Read more about State-specific SPCC Plan Templates]

Have a question regarding SPCC Compliance? Click here to email your SPCC questions to Caltha

Caltha LLP provides expert technical support to clients nationwide needing to comply with SPCC Rules and State spill prevention and response planning requirements.

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Revised SNUR Rule - EPA Amendment to TSCA

EPA is promulgating Significant New Use Rules (SNURs) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for 23 chemical substances which were the subject to premanufacture notices (PMNs). Four of these chemical substances are subject to TSCA section 5(e) consent orders issued by EPA.

The amended rules require persons who intend to manufacture, import, or process any of these 23 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. According to EPA, the notification is needed to provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing compliance procedures, and preparing cost-effective compliance management programs.

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Revised Waste Management Rules for Renovation or Demolition Projects

The Minnesota Pollution Control Agency (MPCA) has finalized waste and material removal rules that apply to all renovation or demolition projects. According to the revised Rules, the following items and materials must be removed prior to the commencement of renovation or demolition:

A. items that would normally be disposed of as mixed municipal solid waste, such as furniture, carpeting, bedding, mattresses, clothing, small appliances, food, and food waste;
B. household hazardous waste including;
F. items that may contain elemental mercury:
G. items that may contain polychlorinated biphenyls (PCBs);
H. items that may contain chlorofluorocarbons (CFCs):
I. oils, including used oil, hydraulic oils, and oils located in heating oil tanks, piping, sumps, and traps;
J. lead-containing items, including lead-acid batteries, lead pipes, lead sheeting, lead flashing in roof vents, and lead paint that is not firmly adhered to the substrate; and
K. electronic products containing a cathode ray tube, including televisions and computers;

An exemption from this requirement exists for items or materials that are within components of the structure, such as elevators, vertical lifts, or lighting, that need to remain intact are being used during the course of renovation or demolition, provided that the items or materials are removed after use of the component is no longer required for renovation or demolition work.

If the owner, person authorizing renovation or demolition, or person conducting the renovation or demolition knows or has reason to know that portions of the structure may be contaminated by hazardous substances or petroleum based on past uses of the structure, such as a medical building, laboratory, or manufacturing facility, they must obtain appropriate samples and receive results from laboratory analysis as necessary to ensure the proper management and disposal of contaminated structural elements and any resulting debris generated.

Caltha LLP provides specialized expertise to clients nationwide in the pre-demolition surveys, developing waste handling procedures, and preparing cost-effective waste management programs.

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Definition of Waters of US - Proposed Revision

The "Clean Water Restoration Act", has been approved by the US Senate Senate Environment and Public Works Committee. The proposed law would clarify the scope of the Clean Water Act definition of "waters of the United States". Under the bill, waters of the US would be defined as including:

(A) all waters which are subject to the ebb and flow of the tide;
(B) all interstate waters, including interstate wetlands;
(C) all other waters, such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds;
(D) all impoundments of waters of the United States;
(E) tributaries of the aforementioned waters;
(F) the territorial seas; and
(G) wetlands adjacent to the aforementioned waters;

The draft bill specifically excludes groundwaters from the definition of waters subject to the Clean Water Act.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation of environmental, health & safety rules, developing cost effective compliance procedures, and management programs.

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US EPA Extends SPCC Rule Deadline

Facilities subject to Spill Prevention, Control & Countermeasure (SPCC) requirements have more time to amend their programs. On June 11, 2009, EPA again extended the compliance date for compliance with the federal "SPCC Rule". Facilities subject to the SPCC Rule now have until to November 10, 2010 to come into either amend their existing SPCC Plan or prepare an inital Plan, if they are newly subject to the Rule.

Facilities must amend or prepare, and implement SPCC Plans by the compliance date in accordance with revisions to the SPCC rule promulgated since 2002. Farms that are also subject to the Rule must also amend or prepare their SPCC Plans, and implement those Plans by the same date.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing compliance procedures, and preparing cost-effective compliance programs.

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NY Proposed Rules for Used Electronic Equipment - CRT

The New York State Department of Environmental Conservation (NYSDEC) is currently drafting a proposed rules for the management of used electronic equipment. Posting of the preliminary draft regulation is anticipated for Spring 2009, followed by further opportunity for public comment.

The resulting proposed rulemaking will amend NYSDEC regulations to streamline the management of used electronic equipment, whether regulated as hazardous waste or solid waste. The main issues to be addressed in the proposed rulemaking are:

• Adopting provisions of the Federal Cathode Ray Tube (CRT) Rule


• Adopting management standards for Collectors, Dismantlers, and Recyclers of Used Electronic Equipment


• Adopting provisions of the New York State Wireless Telephone Recycling Act


• Amending the requirements of New York's current Generator "c7" Notification

Currently in NYS, intact CRTs destined for recycling are eligible for the hazardous scrap metal exemption. However, when the CRT glass is no longer adherent to the metal, CRT glass could be regulated hazardous waste. The Federal CRT Rule contains the provisions to conditionally exclude this CRT glass from hazardous waste rules.

The current c7 notification requirements require generators (other than CESQGs) sending used electronics for recycling under the hazardous scrap metal exemption to file notifications. In the rulemaking, the NYSDEC is proposing to change the requirement to “[generators] must maintain on site, for a period of three years from the date of each shipment, the names and locations of the dismantling or recycling facilities and any intermediate receiving facilities."

Caltha LLP provides specialized expertise to clients nationwide in the evaluation solid waste and hazardous waste rules, developing waste handling procedures, and preparing cost-effective waste management programs.

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EPA Excludes Water Transfer From NPDES Requirements

EPA is publishing a final rule to exclude water transfers from regulation under the NPDES permitting program. The final rule defines a water transfer as an activity that conveys or connects waters of the United States without subjecting the transferred water to intervening industrial, municipal, or commercial use. This does not apply to pollutants introduced by the water transfer activity itself to the water being transferred.

Water transfers are activities that divert water between waterbodies, typically through the use of pumps or passive redirection through tunnels, channels, and/or natural stream water features. Water transfers are necessary to allocate water resources to meet the water needs of those downstream in the receiving waterbody. Such needs include public water supply, irrigation, power generation, flood control, and environmental restoration.

The Bureau of Reclamation administers significant transfers in western States to provide approximately 140,000 farmers with irrigation water. With the use of water transfers, the Army Corps of Engineers keeps thousands of acres of agricultural and urban land in southern Florida from flooding in former areas of Everglades wetlands. Many large cities in the west and the east would not have adequate sources of water without continuous redirection of water from outside basins. Both the cities of New York and Los Angeles are dependent on water transfers from distant watersheds to meet their municipal demand.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation NPDES permitting rules, water quality standards, and preparing cost-effective compliance management programs.

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