Spill Planning

Federal and state requirements for preparing and implementing plans and procedures to prevent and control spills of oil and other regulated substances apply to a variety of industrial and commercial facilities. MGKF is experienced in evaluating the applicability of spill planning requirements, designing, updating, and implementing spill plans, and defending enforcement actions brought under relevant statutes and regulations. In addition to spill planning, we also assist clients with responses to spill incidents.

At the federal level, Spill Prevention, Control and Countermeasure (SPCC) plan requirements are applicable under the Clean Water Act, as amended by the Oil Pollution Act of 1990, to facilities that meet certain threshold criteria relating to oil storage capacity and may reasonably be expected to discharge harmful quantities of oil into a surface water or adjoining shoreline. SPCC requirements are intended to ensure that oil storage facilities comply with design standards and operating procedures reducing the potential for spills and improving responses to spill incidents.

Certain facilities may also be required to develop and implement similar spill or release prevention and response plans for oil or other regulated substances under various federal programs. States may impose different or overlapping spill planning requirements. In some instances, facilities may also be subject to local spill planning requirements.

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• Worked with a national telecommunications company and its outside consultant to develop a template SPCC plan used to prepare such plans for dozens of facilities nationwide.
• Developed a comprehensive ICP for the client's refining and chemical manufacturing facility with the client and its consultant. The ICP consolidated several federal, state, and local spill and emergency response planning requirements into a unified document and streamlined the client's emergency response plan.
• Counseled numerous chemical and manufacturing clients on SPCC applicability and implementation issues and worked with them to develop practical strategies for addressing complex regulatory issues with potentially significant capital ramifications.
• Provided analysis and counseling to a gas transmission company on the applicability of EPA's Clean Air Act Section 112(r) RMP program to its operations and the scope of available exemptions.
• Negotiated the settlement of an OSHA enforcement action related to emergency action planning and response for an oil refining and chemical company.
• Evaluated whether particular facilities satisfy threshold criteria for being regulated under federal, state or local programs.
• Reviewed spill plans prepared by clients and outside consultants for consistency with applicable regulations.
• Assisted clients in determining the most cost-effective methods of implementing particular requirements.
• Prepared spill plan templates to be used by clients and their consultants at multiple facilities.
• Consolidated separate plans required by different client programs into a single integrated contingency plan (ICP), allowing facilities to streamline spill plan implementation while still complying with all applicable regulations.
• Represented clients in defending enforcement actions brought by regulatory agencies related to spill planning requirements.