“All facilities with 1320 gallons of oil that have the potential for a spill to reach waters of the United States are required to have an SPCC plan.”
This is a statement EPA included in its news release announcing settlement with Merit Energy regarding a Clean Water Act (CWA) enforcement matter. The reference to “SPCC” is to the Spill Prevention, Control, and Countermeasure (SPCC) requirements.
Investigation Found Deficient SPCC Plan
In investigating a 455-barrel release from a Merit facility in Wyoming, EPA discovered Merit had an SPCC plan, but the plan was deficient. According to EPA’s news release, Merit corrected the deficiencies and submitted an updated plan to EPA.
As part of the settlement, Merit will pay a civil penalty of $115,000 into the Oil Spill Liability Trust Fund, which federal agencies use to respond to discharges of oil and hazardous substances.
SPCC Plans Must Be Kept Current
Merit and other non-transportation-related onshore facilities are subject to the CWA’s Oil Pollution Prevention requirements. With this news release, EPA is reminding operators of subject facilities to ensure they have SPCC plans that meet current requirements.
Other EPA programs also require SPCC plans. Once developed, operators must regularly review SPCC plans and make any required updates.
To see the news release, which includes a link to the see the proposed consent decree for the settlement with Merit https://www.epa.gov/newsreleases/settlement-merit-energy-resolves-violations-oil-pollution-prevention-regulations