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  • What are the requirements of EPA's Facility Response Plan Rule?

    According to OPA, an owner or operator of a “substantial harm” facility must develop and implement an FRP. A “substantial harm” facility is a facility that, because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on navigable waters or…

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  • What is the purpose of a Facility Response Plan?

    The FRP helps an owner or operator develop a response organization and ensure the availability of response resources (i.e., response equipment, trained personnel) needed to respond to an oil discharge. The FRP should also demonstrate that the response resources are available in a timely manner, thereby reducing a discharge’s impact…

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  • What information do I need to report for an oil discharge?

    The National Response Center (NRC) will ask a caller to provide as much information about the incident as possible including: • Name, organization, and telephone number • Name and address of the party responsible for the incident • Date and time of the incident • Location of the incident •…

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  • PE certifying a technical amendment

    Except as provided in 40 CFR §112.6 for qualified facilities, a Professional Engineer (PE) must certify all technical amendments to an existing SPCC Plan (§112.5(c)). When certifying a technical change to an existing SPCC Plan, does the PE have to inspect and certify the entire Plan or only the amended…

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  • Leasing out empty oil storage containers.

    A facility leases out empty stationary tanks to other facilities that use the tanks to store oil (e.g., gasoline). The stationary tanks are empty while at the initial facility and eventually leased to other customers to be reused for oil storage. Is the facility that leases out the empty tanks…

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  • Inspection or monitoring program requirements when using alternative secondary containment for oil-filled operational equipment

    Instead of providing secondary containment for qualified oil-filled operational equipment, an owner or operator may prepare an oil spill contingency plan and a written commitment of manpower, equipment, and materials to quickly control and remove discharged oil. He/she must also have an inspection or monitoring program for the equipment to…

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  • Criteria for significant and substantial harm facility designation

    How do I know if my facility is a significant and substantial harm facility? Your facility may be a significant and substantial harm facility if it meets the over water transfer criterion, has a total oil storage capacity of one million gallons or more, and meets one or more of…

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  • When is a mobile refueler subject to SPCC requirements?

    According to a 1971 Memorandum of Understanding between the Department of Transportation (DOT) and the Environmental Protection Agency, EPA regulates non-transportation-related facilities and DOT regulates transportation-related facilities: • Mobile refuelers that operate solely within the confines of a non-transportation-related facility subject to the SPCC rule must comply with the general…

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  • How might determining impracticability under §112.7(d) affect a facility's FRP requirements under Part 112 Subpart D?

    Pursuant to 40 CFR §112.7(d), if a facility owner or operator finds that secondary containment methods are not practicable, the SPCC Rule allows for alternative modes of protection to prevent and contain oil discharges if additional requirements are met. How might determining impracticability under §112.7(d) affect a facility’s FRP requirements…

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  • Products authorized for use on oil discharges

    Does EPA maintain a list of products that are authorized for use on oil discharges? If so, how can a manufacturer have their product included on the list? Section 311(d)(2)(G) of the Clean Water Act (CWA) directs EPA to prepare a schedule of dispersants, other chemicals, and oil spill mitigating…

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  • FRP Availability

    Are Facility Response Plans (FRPs) available to the public? FRPs are submitted to the appropriate EPA Region dependent on the location of the facility. Local Emergency Planning Committees (LEPC) and State Emergency Response Commissions (SERCs) may request a copy of the FRP from an owner or operator. FRPs are generally…

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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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