Ask the Expert, HazMat Transportation, Q&A

Spills During Delivery

Q. If there is a spill of 50 gallons during delivery, do we need to add that in the spill history in the Spill Prevention, Control, and Countermeasure (SPCC) Plan?

A. Yes, a spill of 50 gallons during delivery should be included in the SPCC Plan’s spill history. The regulations define “discharge” as including but not limited to “any spilling, leaking, pumping, pouring, emitting, emptying, or dumping of oil, but excludes discharges in compliance with a permit under section 402 of the CWA; discharges resulting from circumstances identified, reviewed, and made a part of the public record with respect to a permit issued or modified under section 402 of the CWA, and subject to a condition in such permit; or continuous or anticipated intermittent discharges from a point source, identified in a permit or permit application under section 402 of the CWA, that are caused by events occurring within the scope of relevant operating or treatment systems.”

Because the discharge in question was not in compliance with a permit or from a point
source, it must be listed in the spill history section of your SPCC Plan.