There is much concern among industry about the federal SPCC program. One of the more important issues is how the secondary containment requirement relates to equipment that includes an oil storage container in which the oil is present solely to support the function of the device.

In general, this "oil-filled operational equipment"-including hydraulic systems, lubricating systems, gear boxes, and other systems containing oil solely to enable operation-is excluded from the requirement for secondary containment provided certain conditions are met.

Instead of providing secondary containment for qualified oil-filled operational equipment, an owner/operator (O/O) may prepare an oil spill contingency plan and a written commitment of labor, equipment, and materials to control and remove discharged oil. The O/O must also have an inspection or monitoring program to detect a failure and/or discharge. An individual determination that secondary containment is impractical for the equipment is not required.

Elements of the oil spill contingency plan include:

• Definition of the authorities, responsibilities, and duties of all entities involved;
• Procedures for early detection and timely notification;
• Assurance that full resource capability is known and can be committed;
• Actions to be taken after discovery, including notification; and
• Procedures to facilitate recovery of damages and enforcement measures.

A contingency plan may be a stand-alone plan or it may be included in an SPCC Plan.