An SPCC plan is not a document you write once. 40 CFR Part 112 imposes two continuing obligations: a complete review at least every five years under 112.5(b), and a technical amendment under 112.5(a) whenever the facility changes in a way that materially affects discharge potential. A third path, under 112.4, allows the EPA Regional Administrator to require amendments after certain discharges. This guide covers all three, along with who certifies changes and how the deadlines run.
Where Programs Slip
The Five-Year Review: 40 CFR 112.5(b)
What the rule requires
Section 112.5(b) requires the owner or operator to complete a review and evaluation of the SPCC plan at least once every five years. The clock runs from the date of the last review, not from the date the plan was first written. As a result of that review, the facility must amend the plan within six months to include more effective prevention and control technology, where that technology has been field-proven at the time of the review and would significantly reduce the likelihood of a discharge.
What a substantive review actually covers
- Container inventory reconciled against what is physically on site, including capacities and contents
- Secondary containment sizing recalculated where containers have been added, removed, resized, or relocated
- Facility diagram verified for container locations, containment areas, and drainage flow paths
- Predicted discharge volumes and flow directions still valid for the current layout
- Inspection and integrity testing procedures and intervals still appropriate and being followed
- Training records and the designated person accountable for discharge prevention still current
- Emergency contacts, notification procedures, and reporting thresholds up to date
- Available prevention and control technology assessed against what the facility currently uses
Technical Amendments: 40 CFR 112.5(a)
Independent of the five-year cycle, the plan must be amended whenever there is a change in facility design, construction, operation, or maintenance that materially affects the potential for a discharge. The amendment must be prepared within six months of the change and implemented as soon as possible, but not later than six months after preparation.
| Typically triggers an amendment | Typically does not |
|---|---|
| Adding, removing, or replacing an oil storage container | Routine maintenance that restores a container to its original condition |
| Changing a container's capacity or the product it stores | Refilling a container with the same product |
| Modifying, adding, or removing secondary containment | Cleaning debris or draining uncontaminated water from a dike |
| Reconfiguring piping, transfer operations, or loading racks | Replacing a gasket or valve in kind |
| Facility expansion or a change in the nature of operations | Personnel changes that do not affect the designated accountable person |
| A discharge that reveals a deficiency in the plan | A near-miss with no plan deficiency identified |
Regional Administrator Amendments: 40 CFR 112.4
Section 112.4 creates a separate, discharge-driven path. If a facility discharges more than 1,000 gallons of oil into navigable waters in a single event, or discharges more than 42 gallons in each of two events within any twelve-month period, the owner or operator must submit specified information to the EPA Regional Administrator, with a copy to the state agency in charge of oil pollution control.
Information submitted under 112.4
- Facility name, location, owner or operator, and maximum storage or handling capacity
- Corrective actions and countermeasures taken, including a description of equipment repairs and replacements
- An adequate description of the facility, including site plans, flow diagrams, and topographical maps as necessary
- The cause of the discharge, including a failure analysis of the system or subsystem in which the failure occurred
- Additional preventive measures taken or contemplated to minimize the possibility of recurrence
- Other information the Regional Administrator may reasonably require
The Regional Administrator may then require the facility to amend its plan. Note that this reporting obligation is separate from, and additional to, the immediate spill notification requirements that apply when oil reaches navigable waters. See environmental spill reporting requirements for the notification side.
Who Certifies an Amended Plan
Certification of an amendment follows the same rule as certification of the original plan.
| Facility status | Who certifies the amendment |
|---|---|
| Full plan (not a qualified facility) | A licensed Professional Engineer must review and certify the amended plan. |
| Tier I qualified facility | The owner or operator self-certifies, using EPA's Appendix G template. |
| Tier II qualified facility | The owner or operator self-certifies a full-format plan. |
Implementation Deadlines
| Obligation | Timing |
|---|---|
| Complete plan review and evaluation | At least once every five years |
| Amend following a five-year review, where warranted | Within six months of the review |
| Prepare a technical amendment after a qualifying change | Within six months of the change |
| Implement a prepared amendment | As soon as possible, and not later than six months after preparation |
| Submit information to the Regional Administrator after a qualifying discharge | Within 60 days of the discharge |
Frequently Asked Questions
How often must an SPCC plan be reviewed?
At least once every five years under 40 CFR 112.5(b). The owner or operator must complete a review and evaluation of the plan, and amend it within six months of that review to include more effective prevention and control technology where such technology has been field-proven and would significantly reduce the likelihood of a discharge. The five-year clock runs from the date of the last review, not from the original plan date.
What if the five-year review finds no changes are needed?
The review must still be documented. The obligation under 112.5(b) is to conduct and document the review, not only to amend when something changes. Record the review date, the reviewer, and the conclusion that no amendment is warranted, and sign it in the plan. Most plans carry a review and amendment log for this purpose, and it is one of the first things an EPA inspector will look at.
What triggers an SPCC plan amendment?
Under 40 CFR 112.5(a), any change in facility design, construction, operation, or maintenance that materially affects the potential for an oil discharge. Common triggers include adding, removing, or replacing a storage container, changing a container's capacity or contents, modifying secondary containment, reconfiguring piping or transfer operations, facility expansion, and a discharge that reveals a deficiency in the plan. Routine maintenance and in-kind replacement generally do not trigger an amendment.
How long do I have to implement an SPCC plan amendment?
A technical amendment must be prepared within six months of the change that triggered it, and implemented as soon as possible but not later than six months after preparation. Amendments arising from a five-year review must be made within six months of the review. Preparing the amendment and implementing it are separate steps with separate deadlines, and a plan amended on paper but not put into practice does not satisfy the rule.
Does an amended SPCC plan need to be re-certified by a PE?
It follows the same rule as the original plan. A full plan requires review and certification of the amendment by a licensed Professional Engineer. A Tier I or Tier II qualified facility may self-certify the amendment. Qualified facility eligibility should be re-tested when capacity changes, because growing past 10,000 gallons aggregate aboveground capacity or experiencing a qualifying discharge removes the self-certification option.
When must I report a discharge to the EPA Regional Administrator?
Under 40 CFR 112.4, a facility that discharges more than 1,000 gallons of oil into navigable waters in a single event, or more than 42 gallons in each of two events within any twelve-month period, must submit specified information to the Regional Administrator within 60 days, with a copy to the state agency in charge of oil pollution control. The submission covers the facility description, the cause of the discharge including a failure analysis, corrective actions taken, and additional preventive measures. This is separate from immediate spill notification requirements.
Is the five-year review the same as a technical amendment?
No. They are independent obligations under different paragraphs of 112.5. The five-year review under paragraph (b) is a scheduled, calendar-driven evaluation of the whole plan. A technical amendment under paragraph (a) is event-driven and required whenever a facility change materially affects discharge potential, regardless of where you are in the five-year cycle. A facility that changes frequently may amend several times between reviews.
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