SPCC Plan 5-Year Reviews: Do You Update, Renew, or Redo?

Understanding what an SPCC 5-year review really means for your facility.

Do you have an SPCC plan sitting on the shelf at your facility? If so, here’s something you might not know - SPCC regulations require you to review that plan every five years.

Not “if you feel like it.” Not “when something changes.” At least once, every five years. No exceptions.

And here’s the question we hear from companies all the time: “Does that mean I just need a quick update? Or a PE? Or do I need to start all over with a brand-new SPCC plan?”

If you’re scratching your head on that one, you’re in the right place! Let’s break it down in plain English so you don’t get blindsided… 5 years down the road! And remember, if you’re unsure where your SPCC Plan stands, our team at RMA is always available to help get you on track before regulators (or that 5-year date) comes knocking!

Table of Contents

• First things first, what exactly is an SPCC plan?
• Great! Now what’s a 5-year review for an SPCC Plan?
• What actually happens during an SPCC Plan’s 5-year review?
• What if your SPCC Plan is outdated… really outdated?
• Do you need a consultant or PE for a 5-year SPCC Plan review?
  
  • What about PE-Certified SPCC Plan 5 Year Reviews?
  • What about if my 5-year review finds new oil tanks on-site?
• Do I need a consultant or a PE to update my SPCC Plan?
  • What about states that require all SPCC Plans to be PE-certified?
• How to Stay Ahead of 5-Year Review Requirements for SPCC Plans
• Don’t Let a Decade Pass Between Your 5-Year SPCC Plan Reviews

First things first, what exactly is an SPCC plan?

SPCC stands for Spill Prevention, Control, and Countermeasure. If your facility stores more than 1,320 gallons of oil aboveground, chances are the EPA requires you to have a written SPCC plan to help you avoid spills (and to make sure you have an action plan in place if one does occur).

Here’s some additional SPCC information if you’re rusty on the subject:

Great! Now what’s a 5-year review for an SPCC Plan?

Regulations require you to review it at least every five years. Sort of simple enough, but here’s where people trip up:

• An SPCC plan doesn’t “expire”, so it’s not like it’s invalid.
• A 5-year review isn’t like renewing a permit. There’s no application or submissions.

What you’re doing is checking to make sure your plan still matches your site conditions and meets current regulations and industry practices. If everything is the same, you can document the review and move on. Simple as that!

But if things have changed, you’ve got some work to do.

What actually happens during an SPCC Plan’s 5-year review?

When you sit down with your plan, here’s what you should be looking for:

• Tanks & containment – Have you added, removed, or changed oil storage tanks or secondary containment? Is anything oil storage-related different?
• Facility details – Has your company name, address, or key personnel changed? What about the site layout? Is anything (not oil storage related) different?
• Procedures – Do your inspection forms, training, and recordkeeping match what’s really happening on site? Do you have a couple years worth of documentation to flip through? Is anything missing? Are these forms working to catch issues ahead of time?

If nothing has changed, you document your review (usually a simple statement signed and dated), and you’re good to go. Date the review, sign it, and keep a copy in your SPCC Plan.

But again, if something significant has changed, you’ll need to update your SPCC plan to reflect reality.

What if your SPCC Plan is outdated… really outdated?

This is where many facilities get in trouble. We’ve seen plans go untouched for 10 or even 15 years! The tanks are different, the company contact is someone who left three owners ago, and the plan looks nothing like the site.

If that’s the case, you’re not just “a little behind.” You’re out of compliance with SPCC regulations, and you’re in jeopardy of getting in trouble if you get inspected or have a spill.

If your plan is outdated, or sometimes if it’s just a piece of junk, then you’re often better off starting fresh with a new plan that reflects your current site and operations. Yes, it’s more work up front, but it saves a ton of headache if your outdated plan is ever challenged.

How much does a brand-new plan cost? Check out the calculator below for a quick personalized estimate.

Do you need a consultant or PE for a 5-year SPCC Plan review?

Let’s be crystal clear on this, SPCC regulations don’t specify that you need an outside party to do a 5-year review. Not a consultant, not a PE, not any other title, certification, or anything like that. If you’re knowledgeable about the regulations and your plan, then you can do your own 5-year review.

But! If you don’t know what you’re doing, you aren’t sure if your plan is any good, or you just want a new set of eyes on the plan to make sure it’s up to date and keeps you in compliance, then hire outside help.

Again – you don’t need to hire anyone to do your 5-year review – provided you know what you’re doing. If you don’t, then get an expert in to give you a hand.

What about PE-Certified SPCC Plan 5 Year Reviews?

Same goes with a PE-Certified SPCC Plan! If nothing’s changed with your plan, then you can do your 5-year review on your own. Even if basic administrative changes need to be made to the plan, like contact details or minor site features have been changed, you can (for the most part) still do them by yourself!

What about if my 5-year review finds new oil tanks on-site?

If you’re doing a 5-year review and you’re just noticing new oil tanks on-site, then that says a couple of things to me.

Your inspection program is junk (sorry)! Tanks don’t appear overnight, meaning your inspection forms should have been identifying these and indicating they need to be added. If you’ve been missing them for a while, or if your inspections aren’t picking up new tanks, then your program might need an outside review to make sure it’s… well, good enough to pass an inspection or review by a regulator!

It also says that there could be a knowledge gap in your operation, meaning your annual SPCC training might not be good enough to pass muster.

Regardless, in this instance, you might need outside help. This is where folks often bring us in, because they realize their program is missing the mark, and things aren’t running smoothly. Sometimes it’s a quick review and documentation. Other times, it’s rewriting or replacing a plan that’s way out of date. Either way, we make sure your plan is defensible and compliant, which is really the whole point.

Do I need a consultant or a PE to update my SPCC Plan?

Again – not necessarily! But, if you feel as if you’re in over your head, or you want outside expertise, then a third party - like a consultant or PE, might be in your best interest.

For example, let’s say you realize there are a few new tanks, and your facility has changed around a little bit since the last plan was developed. Do you have the time, skillset, and expertise to update your plan? If you don’t, then get help.

Depending on the specifics of your operation, and even the modifications needing to be made to the SPCC Plan, you may or may not need a PE. Generally, a PE is going to be necessary if you already have a PE-certified SPCC Plan and the modifications are technical (think new tanks) in nature instead of administrative (think personnel details changing), or new tanks push you over the 10,000-gallon threshold, necessitating PE certification.

What about states that require all SPCC Plans to be PE-certified?

Most of those states, from our experience and understanding, focus on the development and preparation of the plans, not reviews. From what we’ve seen and understand, a PE is not needed to review the plan at all – especially if nothing’s changed! When they are needed is if a technical amendment is being made to the SPCC plan.

Since you’re not preparing or certifying the initial plan, no, federal SPCC regulations don’t require a PE to conduct the review, sign off on it, or anything like that.

How to Stay Ahead of 5-Year Review Requirements for SPCC Plans

If your SPCC plan is coming up on the 5-year mark, schedule your review now. Don’t let it slide. Mark it in your calendar, scroll way into the future, find something, maybe six months ahead of your “5-year mark” and get it on the calendar! Add it to your compliance task tracker, whatever it takes! That gives you enough time to either handle internally, or if you need outside help, time to scout around for the right person to review your documentation.

Once that date gets closer, there’s a quick way to look at things, which we generally break down like:

• If nothing’s changed: Document the review, sign off on it, date it, make it clear you did the review, and everything is fine. You’re done. It’s as simple as that.
• If things have changed: Update the plan, document the changes, and re-certify the plan if needed. You might need outside help, depending on the plan and nature of the changes being made.
• If your plan is a mess: It’s time to redo it and get back into compliance. For older plans that haven’t been maintained in years, this is generally the fastest, easiest route.

The key takeaway: SPCC plans don’t expire, but they do age. And an outdated plan won’t protect you in an inspection or after a spill. Instead, it sets you up for failure, and often large monetary fines. Keep your plan up to date at all times, and a 5-year review should really be an almost paper exercise!

Don’t Let a Decade Pass Between Your 5-Year SPCC Plan Reviews

At RMA, we’ve helped countless companies avoid fines and messy enforcement actions by staying ahead of SPCC requirements. The good news is that SPCC problems are always fixable. The bad news is that regulators don’t care if you “meant to” review your plan a while ago, or staff’s been shuffled around, or money’s tight, or no one knew about it… Ignorance of the law is not an excuse!

So, if your SPCC plan is creeping up on that 5-year mark (or if it’s been gathering dust for over a decade) get in touch with us today.

We’ll help you figure out whether you need a quick update, a certified revision, or a complete overhaul. Because when it comes to SPCC, staying proactive is always cheaper than getting caught unprepared.