SPCC Provisions in WRRDA Bill – Signed into Law

Yesterday the WRRDA bill was signed into law, putting these provisions into effect.  EPA must now implement the provisions.

SPCC provisions related to farms in the Water Resources Reform and Development Act:

Exempt :

Above ground storage capacity of less than 2,500 gallons

Above ground storage capacity of greater than 2,500 gallons and less than 6,000 gallons (or level determined by a study) and no history of a spill

Self certification of an SPCC plan:

Aggregate aboveground storage capacity less than 20,000 gallons and greater than 6,000 gallons (or level determined by a study) and no history of a spill

Professional Engineer development of an SPCC plan:

Individual tanks with an aboveground storage capacity greater than 10,000 gallons

Aggregate aboveground storage capacity greater than or equal to 20,000 gallons

A reportable oil discharge history


Aggregate aboveground storage capacity does not include capacity that is less than 1,000 gallons and containers holding animal feed ingredients approved for use in livestock feed by the Food and Drugs Commissioner

Study – EPA & USDA shall conduct a study to determine the appropriate exemption which shall not be more than 6,000 gallons and not less than 2,500 gallons based on a significant risk of discharge to water

Current Regulation (as of 5/28/2014)

Farms with less than 1,320 gallons of oil stored aboveground or less than 42,000 gallons below ground are exempt.

Farms with total oil storage capacity between 1,320 and 10,000 gallons in aboveground containers and no history of spill may self certify

Farms with storage capacity of more than 10,000 gallons or a history of a spill may need a plan prepared by a professional engineer

For any questions please contact Keira Franz with National Association of Wheat Growers:

Keira Franz

Franz Consulting, LLC

National Association of Wheat Growers


202.547.7800 ext. 4

202.253.0753 (cell)

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