EPA SPCC rule goes into full effect May 10th. If you have 1320 total gallons or more of above ground storage in 55-gallon or larger containers (including tanks like those mounted in a truck bed or on a trailer to transport fuel to the field) will need a plan in place by then that encompasses all of your storage. Remember a 500 gallon tank is actually a 550, etc. Storage capacity is what they're looking at, not how much of that storage you actually use.
Note that it's not just fuels. EPA says that ...."diesel fuel, gasoline, lube oil, hydraulic oil, adjuvant oil, crop oil, vegetable oil or animal fat" all apply. If you feel the rule doesn't apply to you, "EPA recommends that you document the reasons why you think an oil spill would not reach water to demonstrate to regional inspectors, if necessary, that your facility is not subject to the SPCC rule". You'll be inspected eventually even if your farm isn't subject to this rule. You will have to prove you are right or prove you're in compliance, even if you think "innocent until proven guilty" applies. If it comes down to your interpretation of "if my farm could reasonably discharge oil into or upon navigable waters or adjoining shorelines" and the EPA's, the EPA will win or try to bankrupt you to prove their point. The implementation of this "rule" has been delayed several times and they're chompin' at the bit to start enforcing it.
Talk to your fuel supplier on the tank. They'll also know about any other fed/state/local laws that apply.
Even if this is true, the compliance date on the EPA's site is still May 10. The money just isn't there to enforce it for another 180 days. Guess what happens if inspected 180+ days later and you don't have a plan dated May 10 or earlier? Hopefully this BS is done away with entirely. It's paperwork that's nothing more than a preventative measure for a preventative measure, and not an actual preventative measure for a potential problem.
AG
This post was edited by AG in IN at 17:07:31 05/03/13 4 times.
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