OSU
Extension, Darke County
On Farm Fuel Storage Containment
Requirement
By Sam Custer
Farms
now have less than four months to prepare
or amend and implement their Spill Prevention, Control, and
Countermeasure
(SPCC) Plans. The compliance date for farms is May 10, 2013.
The
following regulations which require
containment or diversionary structures if you have more than 1,320
gallons of
above ground fuel storage are not new. The original regulations became
effective in 1974 and were revised in 2002, 2006, 2009 and 2010. On
October 18,
2011, the U.S. EPA issued both a direct final (76 FR 64245) and a
proposed rule
(76 FR 64296) to amended the date by which farms must prepare or amend
and
implement their Spill Prevention, Control, and Countermeasure (SPCC)
Plans, to
May 10, 2013.
One
nice aspect of the 2010 revision is that it
contained a form to be filled out to create the self-certified plan
needed by
some farmers.
Farmers
with as few as three above ground 550
gallon gasoline and/or diesel fuel storage tanks may be subject to
these
regulations. This is the case because total above ground storage
capacity for
oil or oil products of 1,320 gallons or more, or below ground storage
capacity
of 42,000 gallons or more is subject to the U.S. Environmental
Protection
Agency (EPA) Spill Prevention Control and Countermeasure (SPCC)
regulation (40
CFR Part 112).
These
SPCC regulations require plans,
procedures and equipment to contain discharges of oil or petroleum
products
(heating oil, crude oil, mineral oil, gasoline, diesel fuel, animal
fats,
vegetable oils and synthetic oils) if such discharge could reasonably
be
expected to reach a waterway or sanitary/storm sewer inlet. To
calculate if the
1,320 gallon storage capacity threshold is met, total capacity of tanks
or
containers (excluding those less than 55 gallon drums) must be
considered.
Neither the amount of actual gallons in storage nor the portion of
storage
commonly used makes any difference as to if these regulations apply.
The operating
or shell capacity of the storage container is counted towards total
facility
oil storage capacity. The amount of total storage is what is considered.
Those
facilities subject to the regulations
must provide adequate secondary containment and/or diversionary
structures for
oil or petroleum product storage and transfer areas to contain any
releases and
show their ability to implement a written plan of action in case of a
release
from the primary storage (tank). Adequate containment is generally
expected to
be able to hold the volume of the largest tank or container in the area
plus
sufficient freeboard for precipitation, by impervious dikes, berms or
retaining
walls, etc.
Many
farmers will be able to self-certify the
needed plan instead of retaining the services of a certifying
professional
engineer (PE). This self-certified plan can contain streamlined
facility
security requirements and fewer tank integrity inspections. These less
stringent requirements apply to facilities with less than 10,000
gallons of
aggregate above ground storage capacity that meet the reportable
discharge
history criterion for the last three years of operation (no discharges
of 1,000
gallons or more in one instance or no two discharges of more than 42
gallons in
the last twelve months).
However,
if farmers want to use alternative
methods for diking or secondary containment, or if secondary
containment is
deemed impractical, then a PE will need to review and certify the
amended
aspects of the plan.
Plans
should not be submitted to U.S. EPA or
Ohio EPA. The plan requirement can be satisfied by filling out the form
as
indicated in the text below. The plan should be accessible and readily
available to be used by employees and farm management in the case of a
release
from the primary tank. Personnel in the oil-handling areas need to be
trained
in spill prevention, tank management, procedures and spill response at
least.
Any
release beyond the secondary containment of
1,000 gallons or more, or two releases of more than 42 gallons each
within a
12-month period must be reported with specific information by calling 1
(800)
424-8802. The Coast Guard will answer, take information and refer
appropriately. If the spill quantity is less than originally thought,
especially if below the above thresholds, the owner may wish to call
back and
revise the report. If a large release occurs and/or is reported by
someone
else, a report and a copy of the plan will likely be required to be
sent to
U.S. EPA Region 5 and the appropriate Ohio EPA district office.
A
fact sheet with this and more information is
available at http://go.osu.edu/farmspcc.
Also,
at the U.S. EPA’s web site at
http://www.epa.gov/emergencies/content/spcc/spcc_ag.htm there is a link
to the
federal register with the final adopted regulations which include a
form to be
filled out for the self-certified plan.
For
more detailed information, visit the Darke
County OSU Extension web site at www.darke.osu.edu,
the OSU Extension Darke County Facebook page or contact Sam
Custer, at 937.548.5215.
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