INTODUCTION: Before a facility is subject to the SPCC rule, it must meet criteria: 1. Must be non-transportation-related; 2. Must have an aggregate aboveground storage capacity greater than 1,320 gallons or a completely buried storage capacity greater than 42,000 gallons; and 3. There must be a reasonable expectation of a discharge into or upon navigable waters of the United States or adjoining shorelines. EPA’s guidance lists the following factors to consider in determining whether there is reasonable expectation of discharge: 1. Whether a past discharge of oil reached a navigable water or adjoining shoreline, which indicates that another could be reasonably expected; 2. Whether the facility is adjacent to navigable waters and a discharge to the navigable waters could be reasonably expected; 3. Whether on-site conduits, such as sewer lines, storm sewers, and certain underground features (e.g. power or cable lines, or groundwater) could facilitate the transport of discharged oil off-site to navigable waters; 4. Whether a unique geological or geographic feature would facilitate the transport of discharged oil off-site to navigable waters; 5. Whether the facility is near a watercourse and intervening natural discharge; 6. Whether precipitation runoff transport oil into navigable waters; and 7. The quantity and nature of oil stored. DEFINATIONS: November 26, 2008 the EPA restored its original 1973 definition of waters” as follows: “navigable
INTODUCTION: Before a facility is subject to the SPCC rule, it must meet criteria: 1. Must be non-transportation-related; 2. Must have an aggregate aboveground storage capacity greater than 1,320 gallons or a completely buried storage capacity greater than 42,000 gallons; and 3. There must be a reasonable expectation of a discharge into or upon navigable waters of the United States or adjoining shorelines. EPA’s guidance lists the following factors to consider in determining whether there is reasonable expectation of discharge: 1. Whether a past discharge of oil reached a navigable water or adjoining shoreline, which indicates that another could be reasonably expected; 2. Whether the facility is adjacent to navigable waters and a discharge to the navigable waters could be reasonably expected; 3. Whether on-site conduits, such as sewer lines, storm sewers, and certain underground features (e.g. power or cable lines, or groundwater) could facilitate the transport of discharged oil off-site to navigable waters; 4. Whether a unique geological or geographic feature would facilitate the transport of discharged oil off-site to navigable waters; 5. Whether the facility is near a watercourse and intervening natural discharge; 6. Whether precipitation runoff transport oil into navigable waters; and 7. The quantity and nature of oil stored. DEFINATIONS: November 26, 2008 the EPA restored its original 1973 definition of “navigable waters” as follows: