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COMPLIANCE SECTION
Spill Prevention Control and
Countermeasure Rule Update

Do I need to update my SPCC Plan or develop an SPCC plan to comply with the new regulation that was published July 17, 2002 and amended via an interim final rule on January 9, 2003?

If oil (as defined below) is stored onsite in quantities greater than 1,320 gallons. For example, 55-gallon Drums + Totes + Equipment Reservoirs + Tanks Capacity = > 1,320 gallons AND there is a potential to reach Navigable Waters of the United States, the answer is YES!

WHAT IS OIL?
Ohio (other states have similar definitions) - As defined in OAC 3750-1-01(AA) and Section 311(a)(1) of the Clean Water Act (CWA), includes oil of any kind or in any form including, without limitation, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.

Federal - The US EPA definition as presented in 40 CFR 112.2, defines oil to mean oils of any kind or in any form, but not limited to: fats, oil, or greases of animal, fish or marine mammal origin, vegetable oils, including oils from seeds, nuts, fruits, or kernels; and, other oils and greases, including petroleum, fuel oil, sludge, synthetic oils, mineral oils, oil refuse, or oil mixed with wastes other than dredged spoil.

WHAT ARE NAVIGABLE WATERS?
Navigable Waters: As defined in 40 CFR 112.2, means the waters of the United States, including the territorial seas.

1. The term includes:

1. All waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters subject to the ebb and flow of the tide;
   
2. All interstate waters, including interstate wetlands;
   
3. 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, the use, degradation, or destruction of which could affect interstate or foreign commerce including any such waters:
   

A. That are or could be used by interstate or foreign travelers for recreational or other purposes; or
B. From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or,
C. That are or could be used for industrial purposes by industries in interstate commerce;

1. All impoundments of waters otherwise defined as waters of the United States under this section;
   
2. Tributaries of waters identified in paragraphs (1)(i) through (iv) of this definition;
   
3. The territorial sea; and
   
4. Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraph (1) of this definition.
   

2. Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the CWA (other than cooling ponds which also meet the criteria of this definition) are not waters of the United States. Navigable waters do not include prior converted cropland. Notwithstanding the determination of an area's status as prior converted cropland by any other Federal agency, for the purposes of the CWA, the final authority regarding CWA jurisdiction remains with US EPA.

SUMMARY
If you already have a valid SPCC Plan, it still must be updated under the new regulations. Plans must be revised by April 16, 2003 and implemented by October 18, 2003. New facilities becoming operational by August 16, 2002 must prepare and implement a plan by October 18, 2003. For more information, please contact Tony Domanico or Emily Rynders at the Payne Firm, at (513) 489-2255 or via e-mail at aid@paynefirm.com or ear@paynefirm.com, respectively. If you would like to read a copy of our August 15, 2002 Environmental Edge entitled New Spill Prevention Control and Countermeasure Rule it is available on our website at www.paynefirm.com along with other Environmental Edge topics.