1. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
Spill Prevention Control
Countermeasure Regulation
40 CFR 112
Presented by Martin Bonnell, PE
January 15, 2013

2. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLCPRESENTATION OVERVIEW
• Introductions
• Who needs a SPCC Plan & what is covered?
• State and Federal Regulations
• How is a SPCC Plan used and maintained?
• What to do in the event of a product spill
• Questions & Discussion

3. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLCWho Needs a SPCC Plan
Owners or operators of petroleum facilities that have
discharged or, due to their location, could reasonably be
expected to discharge oil in harmful quantities into or upon
the navigable waters of the United States or adjoining
shorelines to prepare, in writing, an SPCC Plan.

4. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
SPCC REQUIREMENTS
• If the facility total aboveground storage in tanks or
containers is > 1,320 gallons and/or > 42K gal
underground storage (not 280/281 exempt)
• It’s a non-transportation related facility (see 40 CFR Part
112 Appendices A & B)
• And there is a reasonable chance of a discharge to
waters of the U.S. or adjoining shorelines

5. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
DEFINITIONS
• Oil
– Includes oil of any kind or in any form including, but not limited
to:
• Petroleum and fuel oils (gasoline, diesel, lube oils, aviation gasoline,
naphtha, mineral spirits, etc.)
• Sludge
• Synthetic oils
– Created by chemical synthesis

6. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
DEFINITIONS
• Oil (cont’d)
– Oil refuse
– Oil mixed with wastes other than dredged spoil
– Animal fats, oils & greases
– Vegetable oils
– Mineral oils

7. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
DENATURED ETHANOL
• Denatured ethanol tanks are considered oil storage
containers if the denaturant is an oil such as refined
gasoline or natural gasoline
• Shell capacity of tank used as storage capacity
• These facilities may be subject to the SPCC & FRP
requirements

8. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
NON-TRANSPORTATION-RELATED FACILITIES
• Industrial, commercial, agricultural, or public facilities
which use, store, drill for, produce, gather, process,
refine or consumer oil or oil products
• Waste treatment facilities or part thereof
• Pipeline systems, highway vehicles & railroad cars used
to transport oil exclusively within a facility

9. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
EPA Regulates:
• Railroad cars after the transportation process ends and
when they are operated as non-transportation-related
storage at an SPCC regulated facility
DOT Regulates:
• Railroad cars from the time the oil is offered for
transportation to a carrier until the time it reaches its
destination and is accepted by the consignee

10. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
“REASONAL EXPECTATION” OF DISCHARGE
• The determination must be based solely upon
consideration of the geographical & locational aspects of
the facility
• Exclude manmade features such as dikes, equipment or
other features which would restrain, hinder, contain or
otherwise prevent a discharge as described in 112.1(b)

11. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
“REASONAL EXPECTATION” (CONT.)
• Factors to consider:
– Whether a past discharge of oil reached a navigable water or
adjoining shoreline;
– Whether the facility is adjacent to navigable waters or adjoining
shoreline;
– On-site conduits, such as sewer lines, storm sewers, certain
underground features (e.g., power or cable lines, or
groundwater);

12. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
“REASONAL EXPECTATION” (CONT.)
• Factors to consider:
– Unique geological or geographic features;
– Whether the facility is near a watercourse & intervening natural
drainage;
– Whether precipitation runoff could transport oil into navigable
waters;
– The quantity & nature of oil stored

13. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
STORAGE CAPACITY THRESHOLDS
• IF it meets the other applicable criteria set forth in
112.1, the SPCC rule applies to a facility with:
– > 1,320 gallons of aggregate aboveground oil storage capacity,
or
– > 42,000 gallons of completely buried oil storage capacity

14. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
STORAGE CAPACITY
Included in storage capacity
• Capacity of containers (e.g., bulk
storage containers, oil-filled equipment,
mobile/portable containers, etc.) with a
capacity of 55 gallons or greater
Excluded from storage capacity
• Capacity of completely buried tanks
& associated underground piping,
ancillary equipment & containment
systems that are subject to all
technical requirements of 40 CFR
part 280 or 281
• Capacity of tanks used exclusively for
wastewater treatment
• Capacity of containers that are
permanently closed
• Motive power containers

15. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLCDEFINITION OF STORAGE CAPACITY
• “Storage capacity” is defined in 112.2 as the shell
capacity of a container
• Generally, the shell capacity is the rated design capacity
rather than the working/operational capacity

16. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
DEFINITION OF “PERMANENTLY CLOSED”
• For a tank to be “permanently closed”, the facility must
do the following:
– Remove all liquid & sludge from each container & connecting
line
– Disconnect & blank off all connecting lines & piping
– Close & lock all valves (except ventilation valves)
– Pose a conspicuous sign on each container stating it is
permanently closed with the date of closing
• Tanks can remain on site, but they are not included in
the total storage capacity

17. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
SPCC Plan Basics

18. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
SECONDARY CONTAINMENT REQUIREMENTS
• Tank secondary containment requires 110 percent of the volume of
the largest tank contained within the dike with the displacement
volumes of the tanks accounted for.
• Secondary containment needs to allows for additional freeboard for
containment of precipitation in the containment dikes.

19. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
Secondary Containment

20. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
Secondary Containment

21. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
Drum Containment

22. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
RACK SPILL PAD CONTAINMENT
• If transport truck makes hard connect to tank – the tank has a
“Rack” and must have spill pad containment.
• Spill Pad containment must be large enough to contain the largest
compartment of the truck unloading at the petroleum facility.

23. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
Spill Pad Containment

24. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
112.3 PREPARE & IMPLEMENT A PLAN
• The facility owner/operator must prepare a SPCC Plan:
– In writing
– In accordance with 112.7 & any other applicable sections of 40
CFR part 112

25. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
112.3(c) MOBILE FACILITIES
• Onshore & offshore mobile facilities must prepare,
implement & maintain a Plan as required by the rule
– Amend & implement a Plan, if necessary to ensure compliance
with the rule, on or before 11/20/09
– Can be a general Plan; a new Plan is not required each time a
facilities moves to a new site

26. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
112.3(d) PE CERTIFICATION
• A licensed PE must review & certify a Plan & technical
amendments
• The certification does not relieve the owner/operator of
his duty to prepare & fully implement a Plan

27. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
PE “ATTESTATION”
• With certification, the PE attests that:
– PE is familiar with the rule requirements
– PE or his agent visited & examined the facility
– The Plan has been prepared in accordance with good
engineering practice, including the consideration of applicable
industry standards, & with the requirements of 40 CFR part 112
– PE allow flexibility in meeting many rules provisions by providing
equivalent environmental protection or developing contingency
plans.
– Procedures for required inspections & testing have been
established
– The Plan is adequate for the facility

28. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
112.3(e)(1) PLAN REQUIREMENTS
• Maintain a complete copy of the Plan:
– At the facility if it is attended at least 4 hours per day
– At the nearest field office if the facility is attended for less than 4
hours per day
• Have the Plan available to the RA for onsite review
during normal working hours

29. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
PLAN REVIEW & EVALUATION
• Complete once every 5 years from the date facility
becomes subject to the rule
– If a facility was in operation on or before 8/16/2002, 5 years from
the date of your last review required by the rule
• Amend Plan within 6 months to include more effective
prevention & control technology
• Implement ASAP, but no later than 6 months of
amendment

30. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
DOCUMENTING PLAN REVIEW
• Must document Plan review & evaluation
• Sign statement at beginning or end of Plan or in a log or
an appendix
– “I have completed review & evaluation of the SPCC Plan for
(name of facility) on (date), and will (will not) amend the Plan as
a result.”
• PE must certify any technical amendment to Plan
– Qualified Facilities exception

31. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
Smaller Oil Storage Facilities

32. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
112.6 QUALIFIED FACILITY PLAN REQUIREMENTS
• Smaller oil storage facility that is eligible for streamlined regulatory
requirements
– Self-certified SPCC Plan instead of one reviewed & certified by a
Professional Engineer
– Streamlined integrity testing & facility security requirements
• Must meet eligibility criteria to use alternative option
• EPA’s recent amendment would divide this group of facilities into
tiers
– Requirements described here would apply to “Tier I” facilities

33. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
112.6 QUALIFIED FACILITY PLAN REQUIREMENTS (CONT.)
• EPA’s recent amendment would divide this group of facilities into
tiers
– Requirements described here would apply to “Tier II” facilities
– Additional relief would be provided to “Tier I”

34. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
SELF-CERTIFICATION OPTION
FOR QUALIFIED FACILITIES
• Allow facility owners that store <=10K oil & meet other
“qualifying” criteria to self-certify their SPCC Plans, in
lieu of review & certification by a PE
• “Qualifying” criteria –
– NO discharges for 3 years prior or since becoming subject to the
requirements
• Under this approach, owners may not deviate from any
requirements under 112.7(a)(2) (can’t use EE) & may
not make impracticability determinations under 112.7(d)

35. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
REPORTABLE DISCHARGE HISTORY
• A single discharge of oil to navigable water or adjoining
shorelines exceeding 1,000 gallons OR,
• Two discharges to navigable water or adjoining
shorelines each exceeding 42 gallons within any 12
month period
• Count only the amount that reaches navigable water or
adjoining shorelines

36. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
REPORTABLE DISCHARGE HISTORY (CONT.)
• Oil discharges resulting from natural disasters, acts of
war, or terrorism are not included
• Sabotage & vandalism are not beyond facilities control
• Self-certifying facilities do not automatically lose eligibility
if they have a reportable spill, the RA has the authority to
require a Plan amendment

37. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
SELF-CERTIFICATION
• Owner/operator attests they are familiar with the rule &
have visited & examined the facility
• The Plan has been prepared in accordance with
accepted & sound industry practices & standards
• Procedures for required inspections & testing have been
established
• The facility meets the qualifying criteria

38. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
SELF-CERTIFICATION (CONT.)
• The Plan does not deviate from rule requirements except
as allowed & as certified by a PE
• The Plan & staff responsible for implementing it have the
full approval of management & the o/o has committed
the necessary resources to fully implement the Plan
• The Plan is being fully implemented

39. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
TECHNICAL AMENDMENTS
• May self-certify technical amendments as long as a PE
has not certified the portion being changed
• If a PE certified the affected portion of the Plan, then a
PE must certify the technical amendment

40. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
Drum Containment

41. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
Tank Containment

42. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
TIER I SUMMARY
And a facility… Then the owner/operator of the facility…If a facility…
…has 10,000
gallons or less
in aggregate
aboveground
oil storage
capacity
…meets the oil
discharge history
criteria
…may prepare a self-certified SPCC Plan instead of
one reviewed & certified by a Professional
Engineer (PE)
…may meet tailored facility security & tank
integrity inspection requirements without PE
certification
…may prepare a Plan which includes PE-certified
environmentally equivalent measures or
impracticability determinations that would require
PE certifications for only the portions dealing with
environmental equivalence & impracticability
determinations. The remaining portions of the
Plan could be self-certified by the facility
owner/operator

43. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
ASSISTANCE, SERVICES & PRODUCTS
• Brams Engineering Services– Assistance drafting SPCC plans
– Inspects and Prepares SPCC Plans
– Prepares Tier I SPCC Plans for Owner/Operator Self Certification
– Prepares Tier II SPCC Plans for Owner/Operators
– Designs Tank Containment Basins
– Responses to EPA Violation Letters

44. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
U.S. EPA – Penalties & Fines

45. Martin Bonnell, PE ◊ Senior Civil Engineer ◊ 952-261-9351 ◊ martybonnell@charter.net
BRAMS
ENGINEERING
LLC
QUESTIONS & CONTACT INFO
Martin Bonnell, PE
Senior Civil Engineer
Brams Engineering, LLC
172 Spruce Drive
Apple Valley, MN 55124
952-261-9351
martybonnell@charter.net