ABSTRACT

EPA regulates discharges of oil of any kind (oil could include diesel, gasoline, hydraulic fluid, oil, spent oil, etc,) under the Spill Prevention, Control and Countermeasure rule requirements (SPCC plans; 40 CFR 112—Oil Pollution Prevention) of the Clean Water Act. Originally issued in 1973, these rules are designed to prevent spills from facilities that store (transfer, distribute, or consume) oil and oil products, and which due to their location, could reasonably be expected to discharge oil in harmful quantities (40 CFR 110.3) into or upon navigable waters. It covers non-transportation-related onshore or offshore facilities, like farms, gins, and cottonseed oil mills, that store oil (1320 gallons or greater) in above-ground storage vessels that could discharge oil into or upon navigable waters of the United States or adjoining shorelines.A 55 gal drum or greater is considered a “storage tank” and any aggregated combination of tanks at a facility that is greater than 1320 gal could be covered. Outside/exterior bulk storage is EPA’s main concern. EPA wants tanks to be built to some standard (e.g., NFPA 30) and makes a distinction between field constructed/erected tanks and shop build tanks. EPA revised the SPCC rule 7/17/02 (67 FR 47041). Recently the farm community has been concerned that they are covered by these regulations. Covered farms and gins could have to have SPCC plans approved by a PE, add to oil tanks, add costly fencing, lighting, and other control requirements. However, cotton farms and gins, in areas where spills could not occur to streams, drainage ditches or wetlands that could get to navigable waters, are probably not covered. In addition, if a spill in a gin is contained inside the gin building on a concrete floor or very close to the gin and no oil goes down a drain that leads to a water system gins may not be covered. Operational equipment may not be covered. Some of the issues being considered (e.g., secondary containment, small facility alternatives plans to requiring a PE) that could affect the application of the SPCC rules to farms and gins and information on cotton growing/ginning states and SPCC plans are discussed.