SPCC Plans for Marine Facilities

Introduction

Overview of Laws and Regulations

This section is intended to assist marine facilities that transfer oil products to or from marine vessels. This section discusses the regulations that specifically apply to marine facilities and offers general guidance and recommended practices for pollution prevention when handling oil products in bulk. To meet the requirements of the Oil Pollution Prevention Regulation in Title 40 Code of Federal Regulations (CFR) Part 112, a marine facility must meet the requirements of the Spill Control and Countermeasure (SPCC) Plan requirements and the Facility Response Plan (FRP) if applicable. Requirements for FRP.

Marine facilities involved in large volume transfer operations, are generally subject to multiagency jurisdictions for oil spill prevention and response. Marine facilities are usually regulated by more than one agency under the Oil Pollution Act of 1990 (OPA). The EPA is responsible for the non-transportation-related facilities located landward of the coastline*. The Department of Interior (DOI) Minerals Management Service (MMS) is responsible for offshore non-transportation-related facilities located seaward of the coastline, including certain pipelines. The Department of Transportation (DOT) United States Coast Guard (USCG) or other designated agency is responsible for deepwater ports and fixed offshore facilities. The EPA is responsible for facilities in inland lakes and rivers, including certain piping, and coastal areas landward of the low water mark. The USCG handles transportation-related offshore facilities located landward of the coastline, while the DOT, Office of Pipeline Safety (OPS) handles all onshore pipelines. The OPS is a component of the Research and Special Programs Administration (RSPA).

Marine facilities may be subject to the following: Resource Conservation and Recovery Act (RCRA), Title 1 - Underground Storage Tank (UST) regulations (40 CFR Part 280 and 281); DOT railcar and tanker truck loading and unloading requirements in 49 CFR Parts 171, 173, 174, 177, and 179; DOT OPS regulations for the transportation of hazardous liquids by pipeline in 49 CFR Part 195; the DOT and USCG requirements for facilities transferring oil or hazardous material in bulk in 33 CFR Part 154; and the Occupational Safety and Health Administration (OSHA) requirements for flammable and combustible liquids storage in 29 CFR 1910.106. Link to the USCG http://www.uscg.mil/hq/g-m/gmhome.htm Link to the DOT http://www.dot.gov/

Most marine facilities that transfer to and from vessels will include both a transportation-related transfer area regulated by the USCG and a non-transportation related oil storage area regulated by the EPA. The SPCC should address both of these regulations.

Fines and Penalties

Section 311 of the Clean Water Act makes it illegal to discharge oil or hazardous substances into the waters of the United States within 12 miles of the coast or where it may affect natural resources such as marine sanctuaries.

The law requires the person in charge of a vessel (or a facility) who witnesses or sees a spill that discolors the surface of the water – creates a "sheen" – to report the spill to the U.S. Coast Guard or the National Response Center at 1-800-424-8802 immediately. Failure to report may result in the assessment of a civil penalty and/or criminal sanctions.

The Federal Water Pollution Control Act prohibits the discharge of oil or oily waste into or upon the navigable waters of the United States, or the waters of the contiguous zone, or which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States, if such discharge causes a film or discoloration of the surface of the water or causes a sludge or emulsion beneath the surface of the water. Violators are subject to substantial civil penalties and/or criminal sanctions, including fines and imprisonment.

Note: Using a dispersant, such as dishwashing soap, to make a sheen "disappear" is illegal without permission from the Captain of the Port and can subject the user to a civil penalty of as much as $27,500. This technique does not clean up the oil – it only sends the oil below the water’s surface where it can still harm aquatic organisms.

FRP Requirements

You will be required to have a Facility Response Plan (FRP) in addition to the SPCC if your facility transfers oil over water to or from vessels and has a total oil storage capacity, including both aboveground (AST) and underground (UST) greater than or equal to 42,000 gallons; or

The facility's total oil storage capacity, including both ASTs and USTs, is greater than or equal to one million gallons, and one of the following is true:

The facility lacks secondary containment that is able to contain the capacity of the largest AST within each storage area plus freeboard to allow for precipitation;
The facility is located at a distance such that a discharge could cause injury to an environmentally sensitive area;
The facility is located at a distance such that a discharge would shut down a public drinking water intake; or
The facility has had a reportable spill greater than or equal to 10,000 gallons within the last five years.

All facilities must document the determination of substantial harm by completing the "Certification of the Applicability of the Substantial Harm Criteria Checklist," Attachment C-II in Appendix C of 40 CFR 112. This certification should be signed by management or the owner and kept with the facility's SPCC plan.

BACK TO SPCC MARINE FACILITATES

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