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  • How does the "active management" requirement in the definition of renewable biomass apply to land that changes status in the future?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . In RFS2, EPA has interpreted the EISA requirement that existing agricultural land be "cleared or cultivated at any time prior to [December 19, 2007] and actively managed or fallow and nonforested" to apply to land that existed as…

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  • Are palm oil plantations considered agricultural land or tree plantations under RFS2?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Palm oil trees are planted and managed for the purpose of harvesting palm fruit and not for harvesting the trees themselves, in the same way that a fruit orchard is planted and managed to yield fruit and not…

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  • What milk and milk products are covered by the Milk and Milk Product Containers, Associated Piping and Appurtenances Exemption?

    The exemption will cover all containers, piping and appurtenances of milk and milk products. For example, milk products include cheeses, yogurts and ice cream. Additionally, transfers and milk handling associated with these containers and appurtenances are exempt from the SPCC requirements.

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  • Can a containment wall be constructed out of concrete blocks?

    Yes. SPCC regulations do not mandate design specifications, rather, they are performance based. Therefore, a containment wall may be of any construction type, material, or design, assuming it meets the performance standards and requirements of Part 112. Regional offices can help determine whether individual containment equipment meets the performance standards…

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  • Qualifying criterion for qualified oil-filled operational equipment

    What is the qualifying criterion for the option for qualified oil-filled operational equipment? Equipment is eligible if the facility did not discharge from any oil-filled operational equipment (1) more than 1,000 U.S. gallons of oil in a single discharge to navigable waters, or (2) discharge more than 42 U.S. gallons…

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  • For SPCC training purposes, who is considered oil-handling personnel?

    Pursuant to 112.7(f)(1), the owner or operator of a facility subject to the SPCC regulations must train oil-handling personnel in the operation and maintenance of equipment, discharge procedure protocols, applicable pollution control laws, rules and regulations, general facility operations and the contents of the facility SPCC Plan. For the purposes…

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  • Tier I qualified facility template use under Part 112

    In the 2008 Amendments to the SPCC Rule, EPA provided a template for the owner or operator of a Tier I qualified facility to create an SPCC Plan. Does EPA require a Tier I qualified facility to use the template in 40 CFR Part 112, Appendix G? Does EPA allow…

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  • Are facilities required to use the option for qualified oil-filled operational equipment?

    No. This is an alternative way to comply with the SPCC requirements. An owner or operator can choose to comply with the general requirements to provide secondary containment for each piece of oil-filled operational equipment.

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  • What is a complex?

    Some facilities must meet the requirements of two or more federal agencies, because they engage in activities that fall under the jurisdiction of those agencies. These agencies include the U.S. Coast Guard, the Department of Transportation's (DOT) Office of Pipeline Safety, and EPA. A 1971 Memorandum of Understanding (MOU) between…

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  • Does a product or substance have to create a sheen to be subject to SPCC?

    The SPCC general applicability in 40 CFR §112.1(b) refers to a discharge of oil in quantities that may be harmful, as described in Part 110. Part 110 is often referred to as the sheen rule. Does a product or substance have to create a sheen to be subject to SPCC…

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  • How are animal fat and vegetable oil defined in the SPCC Rule?

    Animal fat means a non-petroleum oil, fat, or grease of animal, fish, or marine mammal origin. Vegetable oil means a non-petroleum oil or fat of vegetable origin, including but not limited to oils and fats derived from plant seeds, nuts, fruits, and kernels.

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  • FRP certification for SPCC facilities

    Does a facility need to fill out Attachment C-II in 40 CFR Part 112, Appendix C if the facility is only subject to the SPCC regulations and is not subject to the Facility Response Plan (FRP) requirements? If the owner or operator of a facility determines that the facility is…

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  • Facility classification as "substantial harm facility"

    How do I know if my facility may be classified as a substantial harm facility? The flowchart of criteria for substantial harm (see Attachment C-1, Appendix C to 40 CFR Part 112) shows the questions you must answer to determine if your facility can be classified as a substantial harm…

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  • What are the oil discharge reporting requirements in the SPCC Rule?

    Any facility owner/operator who is subject to the SPCC Rule must comply with the reporting requirements found in §112.4. A discharge must be reported to the EPA Regional Administrator (RA) when there is a discharge of: More than 1,000 U.S. gallons of oil in a single discharge to navigable waters…

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  • Who is regulated by the SPCC Rule?

    Before a facility is subject to the SPCC Rule, it must meet three criteria: 1) it must be non-transportation-related; 2) it must have an aggregate aboveground storage capacity greater than 1,320 gallons or a completely buried storage capacity greater than 42,000 gallons; and 3) there must be a reasonable expectation…

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