The following information was published in the National Rural Electric Cooperative Association’s (NRECA’s) Environmental Bulletin dated August 2, 2002. The Environmental Protection Agency (EPA) published the final Spill Prevention, Control and Countermeasure Plan (SPCC) rule in the Federal Register on July 17, 2002 at 67 FR 47042. The full name of the rule is "Oil Pollution Prevention and Response; Non-Transportation-Related Onshore and Offshore Facilities." While there was some doubt under the old rules, oil filled electrical equipment at many substations is now clearly within the scope of the new SPCC rule. Under the old rules a plan was needed only if a spill could reasonably reach navigable waters. Now, a plan is needed if it could affect "natural resources" (very broadly defined). Reaching navigable waters is a secondary concern.
With very limited exceptions, electric utilities and co-ops that do not currently have SPCC plans for oil filled equipment like transformers, capacitors and underground cable systems at substations and at other locations will have to develop plans by February 17, 2003 and implement the plans by August 13, 2003. This will be a challenge when a large number of substations are involved.
EPA included some features into the new rule, however, to make this job a little easier. For example, while "secondary containment" is required to ensure that spilled oil does not get off site, the agency included on-site "sorbent material" as an example of secondary containment - Section 112.7(c). Also, system wide plans are allowed. The plans must, however, specifically identify individual facilities - Section 112.7.
If your facility has less than a total of 1320 gallons of oil, a plan is not needed. Also, by carefully defining "facility," it may be possible to limit the number of plans required - Section 112.2. You can get a time extension if the "nonavailablity of qualified personnel" affects your ability to develop a plan - Section 112.3(f). If you determine that installation of secondary containment is "not feasible" it may be permissible to have a written commitment of manpower, equipment and materials instead - Section 112.7(d).
A copy of the regulations is posted at: http://www.usda.gov/rus/electric/engineer.htm and at http://www.cooperative.com. A short summary is available at the latter site. NRECA is currently working on a more detailed summary of the new regulations which will be posted at http://www.cooperative.com as soon as it is available. NRECA is also working with other organizations to set up a number of workshops around the country where EPA headquarters and regional staff will be invited to discuss the new rules with affected companies.
If you would like more information or have any questions, please call Jim Stine, Sr., NRECA, Environmental Manager (Water & Solid Waste Issues) at 703-907-5739 or at james.stine@nreca.org; Dennis Rankin, Environmental Protection Specialist, Engineering and Environmental Staff, at 202-720-1953 or at drankin@rus.usda.gov; or Mike Eskandary, Electrical Engineer, Transmission Branch, at 202-720-9098 or at meskanda@rus.usda.gov.