Application of SPCC Rule to Agricultural Operations

On December 5, 2008, EPA amended the SPCC rule to tailor certain requirements for agricultural facilities, including farms. These amendments complement the December 2006 amendments to the SPCC rule, which streamlined the requirements for most farms subject to SPCC requirements. The recent amendment clarified three primary areas relevant to farm operations.

First, the final rule exempts all pesticide application equipment and related mix containers, regardless of ownership or where used, from SPCC requirements. The capacity of these pesticide application equipment and related mix containers are not counted toward the facility’s oil storage capacity calculation. However, containers that store oil prior to mixing with a pesticide, or containers used to store pesticides that contain oil, may continue to be regulated under the SPCC rule.

Second, the SPCC amendment also clarified application of the Rule to mobile refuelers (including “nurse tanks”), common at many farm operations. Mobile refuelers are exempt from the sized secondary containment requirements of the SPCC rule, but are still subject to the general secondary containment requirements.

Finally, farms are exempt from the loading/unloading rack requirements because agricultural oil and fuel transfers at farms are generally not associated with loading/unloading racks. However, oil transfer areas, such as loading/unloading areas at farms are subject to the SPCC rule and require general secondary containment.

Caltha LLP assists facilities that exceed the SPCC storage threshold to comply with SPCC Rules, including preparation SPCC Plans and SPCC Template Plans, and conducting SPCC Training.

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Website: http://www.calthacompany.com/