What to Expect During an SPCC/FRP Inspection

Spill Prevention Control and Countermeasure (SPCC) and Facility Response Plan (FRP) inspections are conducted pursuant to the Oil Pollution Prevention Regulation of the Clean Water Act as amended by the Oil Pollution Act of 1990. The inspections have two purposes. First, they help to ensure that oil storage facilities, refineries, electrical utilities, and oil production fields, among other subject industries, are in compliance with 40 Code of Federal Regulations (CFR) Part 112. Second, onsite inspections give EPA representatives the opportunity to educate owners and operators about the regulations and methods for ensuring compliance. Facilities which are subject to SPCC and FRP may receive notice of an inspection by a U.S. Environmental Protection Agency (EPA) inspector or by an EPA contractor. However, some EPA regions always conduct unannounced inspections in order to gauge a facility's preparedness to prevent or respond to an oil spill. Inspections may be conducted by one or more EPA representatives.

All EPA personnel and EPA representative inspectors are trained in accordance with 29 CFR 1910.120 pursuant to the Occupational Safety and Health Act (OSHA) and carry personal protective equipment (PPE) consisting of hard hats, steel-toed boots/shoes, and NOMEX coveralls when necessary. The facility should inform the inspector(s) of any specific safety-related considerations regarding clothing or equipment.

SPCC inspections, conducted pursuant to 40 CFR 112.1 through 112.7, and FRP inspections, conducted pursuant to 40 CFR 112.20 and 112.21, are usually combined for facilities that are subject to both parts of the regulation.

To be prepared for an SPCC inspection, your facility should have a copy of the SPCC Plan for your operations available for review by the inspector(s). Additionally, any other relevant documentation of your operating procedures, spill prevention measures, personnel training, inspection procedures, drainage discharges, and spill incidents should be made available.

The inspection usually begins with a meeting and/or a review of the facility's SPCC Plan in order for the inspector(s) to become familiar with your facility's operations, including aboveground and underground equipment (i.e., tanks, pipelines, oil-water separators, etc.).

A site diagram that identifies your tankage, diversionary structures, and drainage patterns will facilitate the inspection. A site diagram should be included in the SPCC Plan.

After the opening meeting, the inspector(s) conducts a walk-through of your facility in order to observe and document the SPCC measures and equipment discussed in your SPCC Plan and during the opening meeting to ensure these measures have been implemented. Occasionally, inspectors will request facility approval to take photographs. A debriefing meeting is usually held to close the inspection and to discuss observations made by the inspector(s).

For the meetings and the facility tour, facility personnel who are familiar with your facility's SPCC measures, diversionary structures, and standard operating procedures should be available to escort the inspectors. Having knowledgeable facility personnel available will minimize any delay in responding to the inspector's questions and ensure that the correct information is provided.

The inspector(s) will evaluate your facility's SPCC measures and Plan and the condition of your storage tanks and other equipment containing oil, diversionary structures, and truck loading/unloading areas. Most importantly, the inspector will evaluate your facility design, drainage patterns, operating procedures and SPCC measures for their ability to prevent the release of oil to storm drains (onsite or offsite), creeks, streams, ditches, rivers, bays, or other waterways. This evaluation, which considers the potential for equipment failure and/or operator error, may be summarized in an inspection letter or a more detailed report containing photographs of your facility.

FRP inspections are usually conducted by a team of two to four inspectors. During the inspection, an interview is conducted with the facility's Qualified Individual (QI) and a walk-through is conducted with facility personnel to identify their knowledge of and the implementation of the FRP. Inspectors will evaluate FRP measures for their ability to facilitate adequate response to a worst-case discharge of oil.

The inspectors may conduct an unannounced drill and will inspect the condition of spill equipment identified in the FRP, testing logs, and other records.

Following the inspection, EPA will send the facility either a letter, report, and/or checklist which identifies regulatory deficiencies and the actions required to be taken by the facility.

EPA views inspections as coeducational. Inspectors can learn from industry experience and facilities can learn from the EPA the adequacy of certain methods for preventing and controlling discharges. Furthermore, documentation of violations motivates facilities to conduct corrective actions for compliance and provides the EPA with a legal basis for enforcement. The EPA strives to work with facility owners and operators to remedy any problems identified during an inspection in order to avoid the need for legal enforcement action.