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Ground water pathways related to reasonably expected to discharge
The SPCC Rule applies to facilities that could reasonably be expected to discharge into navigable waters (40 CFR §112.2(a)). Does a facility need to consider ground water pathways when determining if a discharge of oil could reasonably be expected to reach navigable waters? Owners and operators should consider whether on-site…
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If your farm does not have fuel storage that will flow into US waters by a ditch, river, stream, or lake, do you have to prepare a SPCC Plan?
No. EPA suggests you use a common sense approach. If one of your oil storage tanks leaks, and the spilled oil would not flow into navigable waters or adjoining shorelines, you do not have to prepare a Plan. Remember that you still have the responsibility to clean up any spilled…
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What is the definition of “overburdened community” that is relevant for EPA Actions and Promising Practices?
EPA Actions and Promising Practices apply the description of overburdened communities articulated in EPA’s Plan EJ 2014. The term is used to describe the minority, low‐income, tribal and indigenous populations or communities in the United States that potentially experience disproportionate environmental harms and risks due to exposures or cumulative impacts…
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How will an EPA regional office determine whether a permitted activity impacts a potential overburdened community? What screening tool or process will EPA regional offices use to screen permit applications?
The Agency has developed a nationally consistent screening tool to help identify communities that are potentially overburdened. This tool, known as EJSCREEN, is one of several tools being developed under Plan EJ 2014. EPA anticipates that its regional offices will use EJSCREEN and other readily available information, including known community…
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Some of the Promising Practices are mentioned in EPA regulations, guidance and recommendations that EPA has issued in the past. So why is EPA issuing the Promising Practices?
EPA is issuing Promising Practices to encourage permit applicants to strategically plan and conduct enhanced outreach to overburdened communities in the permitting process. As some commenters noted, EPA has recommended some of the outreach strategies included in Promising Practices previously. Nevertheless, EPA believes that it is important to issue Promising…
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SPCC responsibility for tanks on leased property
What if I leased some parcels, and there are tanks already present? Am I responsible for these tanks? You could be. If you plan to use these tanks, make sure in your lease agreement, it states who is responsible for these tanks. If the lease does not state who is…
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Do service tanks on service trucks or pickups count in the calculation of the total storage on the farm?
Yes, you should include fuel tanks mounted on trailers, fuel trucks used exclusively on the farm and tanks in pickups toward the overall threshold of 1,320 gallons. Also, count 55-gallon drums, but don’t count any container smaller than that.
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Is my farm covered by SPCC?
For updated information on the WRRDA changes to farm applicability see the new farm fact sheet (PDF) .
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Do EPA Actions or the Promising Practices in the Federal Register notice apply to permits that are issued by state, tribal, or local permitting authorities, or just permits that are issued by EPA?
EPA Actions and Promising Practices apply only to permits that are issued by EPA. It does not apply to permits issued by state, tribal or local governments under authority delegated by EPA. By addressing environmental justice in its permits, EPA is leading by example among federal departments and agencies. EPA…
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EPA Actions does not require EPA regional offices to prioritize the same types of permits and adopt the same outreach activities. Why doesn’t EPA require regional offices to always prioritize certain permits and always do certain outreach activities?
EPA Actions strikes an important balance between national consistency and regional flexibility. The Agency‐wide guidelines establish national consistency by providing EPA’s expectations for the regional implementation plans. At the same time, EPA recognizes that the regional offices need the flexibility to take actions suited to the types of permits and…
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Are tribal and indigenous communities within the definition of overburdened communities?
Tribal and indigenous communities are included in EPA’s definition of overburdened communities under Plan EJ 2014. For nearly thirty years, EPA has worked with federally recognized tribal governments on a government‐to‐government basis as sovereigns, partners, and co‐regulators. EPA has also worked with indigenous communities to address their environmental and health…
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Does EPA Actions apply to permits that are jointly issued by EPA and a state, tribal, or local permitting authority with partially delegated permitting authority?
EPA regional offices will decide whether a permit that EPA jointly issues with a state, tribal, or local permitting authority should be considered for prioritization for enhanced outreach as described in EPA Actions on a case‐by‐case basis. EPA will take into account its role and authority in issuing the specific…
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Why doesn’t EPA do enhanced outreach for every permit?
Robust public outreach and engagement can consume a substantial amount of resources from all stakeholders in a permitting process and would not be warranted for every permit action. EPA recognizes that its regional offices cannot enhance engagement for every EPA‐issued permit and that overburdened communities might be overwhelmed with process…
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How will an EPA regional office determine whether a permitted activity may have significant public health or environmental impacts?
Permit applications provide information on the proposed project consistent with the requirements of particular statutes and regulations. EPA may also do its own assessment of the environmental and public health impacts of a proposed project, using modeling and monitoring data for example. Such information would inform an EPA regional office’s…
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How will EPA Actions apply to EPA‐permitted activities that may impact multiple EPA regions?
A permitted activity could potentially impact an area that straddles two or more EPA regions. The EPA region where the permitted activity is located usually has the lead for issuing the permit. EPA regions with the lead for issuing the permit routinely engage other regions impacted by the permitted activity…
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