Last updated Wednesday, February 12, 2008

SPCC Regulations Update

The U.S. Environmental Protection Agency (EPA) initially provided rules for above ground fuel storage tanks in 1974 and included requirements for regulated facilities to prepare a Spill Prevention, Control and Countermeasures (SPCC) Plan. These requirements applied to aviation facilities at that time; however, many facilities were not aware of the requirements.

Mobile Refuelers

The EPA issued a final rule in December 2006 that included a new approach for mobile refueler trucks on airport property. Under this new rule, refuelers no longer have to be parked in an area that provides a sized secondary containment for the trucks, which included the entire volume of the largest truck plus sufficient freeboard for precipitation. Refueler trucks still must meet the “general secondary containment rule” and provide some form of secondary containment in the form of the following:

• Dikes, berms, retaining walls
• Curbing
• Culverting, gutters, or other drainage systems
• Weirs, booms, or other barriers
• Spill diversion ponds
• Retention ponds
• Sorbent materials

This means that you must provide some mechanism of capturing a spill in the area the truck is parked, whether it is in the form of curbs, dikes, oil/water separators, or other diversion device. The EPA also allows the use of an “active containment system,” which typically includes use of a facility spill kit that can be deployed in the event of a spill. The engineer that certifies your SPCC Plan will provide the best engineering solution to your site-specific arrangement.

Click here for a PDF of the complete SPCC Regulation Update.

Click here to read NATA's Regulatory Report on the final rule regarding the SPCC compliance deadline extension.

Click here to read NATA's comprehensive Regulatory Report on the SPCC
final rule.

Click here to read NATA's press release on the final rule.

Click here to read an interpretation of the SPCC regulations, provided by Air BP

To read the text of the final rule, along with summaries of the rule and NPRM from the EPA,, visit the EPA’s Oil Program Website, http://www.epa.gov/oilspill.

In accordance with the release of the final rule, NATA will be hosting a series of seminars on how to comply with the SPCC regulations. The first seminar is currently scheduled to take place in March during NATA’s 2007 Annual Convention in Orlando, Florida. Stay tuned for further updates on the seminars. 

August Correspondence:

On August 2, NATA received a letter from the Environmental Protection Agency in response to a letter from NATA President James K. Coyne asking when the agency would publish a final rule regarding the SPCC amemdnents, following the NPRM issued in December 2005.  The EPA letter stated that the agency hopes to have a final rule issued in October.

Letter from the EPA

Original letter from NATA to EPA

NATA continues to encoruage its members to keep up the pressure on the EPA to adopt a final rule that will not place a costly burden on the aviation industry.  The Association has drafted an Action Call asking NATA members to contact their Members of Congress to urge them to maintain strong oversight over the SPCC rulemaking process. 

Revised Action Call (New)

SPCC Amendments

NATA Comments on SPCC Proposed Amendments

Regulatory Report on SPCC Proposed Amendments

Press Release on SPCC Proposed Amendments

Proposed amendments to the Spill Prevention, Control, and Countermeasures Rule

Guidance for Regional Inspectors

SPCC Compliance Extension

Pre-Federal Register version of the Final Rule regarding extending the dates for SPCC compliance

Regulatory Analysis of Final Rule Extending SPCC Deadlines

NATA Comments on SPCC Compliance Extension

Legislative

Testimony by NATA President James K. Coyne before the Senate Committee on Environment and Public Works on the SPCC Proposed Amendments

Press Release on SPCC Hearing

Legislative Language on Secondary Containment within the FY 2006 Transportation, Treasury and Housing Appropriations bill

Background Information

NATA White Paper

NATA Survey Results

Letters

Letter from Senator Inhofe Requesting Extension

Aviation Coalition's Extension Request

Letter to all 535 Members of Congress

Letter from Congressman Hayes

Letter from Senator Harkin

Letters from Congressman Rick Larsen

Summary

On July 17, 2002, the Environmental Protection Agency (EPA) published final amendments to the SPCC rule. This amended an existing rule that had been in effect since 1974. This final rule was effective on August 16, 2002, and included dates by which a facility would have to amend and implement its SPCC plan.

During the summer of 2004, the EPA announced new compliance dates. The new compliance dates are February 17, 2006, to amend an existing SPCC Plan, and implementation of the plan will begin on August 18, 2006. Affected facilities that start operations between August 16, 2002, and August 18, 2006, must prepare and implement an SPCC Plan by August 18, 2006. Affected facilities that become operational after August 18, 2006, must prepare and implement an SPCC Plan before starting operations.

On December 2, 2005, the EPA issued two proposed amendments that allow for a 60-day comment period.  The proposed amendments represent a significant revision of previous EPA proposals, removing many of the requirements included in earlier proposals that would have placed a costly burden on aviation fuel providers. However, several questions remain unanswered.  Please review above for the latest information.

Staff Contacts:

Eric R. Byer

Vice President, Government & Industry Affairs

Stephen Beaulieu

Manager, Legislative Affairs