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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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  • Is a PE required to review an SPCC Plan if it has not changed?

    Under the 2002 regulations, is a PE required to review the SPCC Plans at the end of a 5-year SPCC Plan cycle if no changes have occurred at the facilities? No. It is the responsibility of the owner or operator to document the completion of a review and decide whether…

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  • PE certifying an SPCC plan in a different state

    Except as provided in 40 CFR §112.6 for qualified facilities, a licensed Professional Engineer (PE) must review and certify an SPCC Plan for it to be effective to satisfy the requirements of Part 112 (§112.3(d)). When reviewing and certifying a facility’s SPCC Plan, must the PE be licensed in the…

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  • Oil-filled equipment capacity less than 55 gallons

    Do the revised SPCC requirements apply to electrical substations that have transformers larger than 55 gallons and a total storage of 1,320 gallons? An owner/operator must prepare an SPCC Plan if the facility, due to its location could reasonable be expected to discharge oil into or upon a navigable water…

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  • What is included in the written commitment of resources?

    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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  • What is a harmful quantity of discharged oil?

    A harmful quantity is any quantity of discharged oil that violates state water quality standards, causes a film or sheen on the water's surface, or leaves sludge or emulsion beneath the surface. For this reason, the Discharge of Oil regulation is commonly known as the "sheen" rule. Note that a…

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  • Secondary containment for each container under SPCC

    Pursuant to 40 CFR §112.7(c) , facilities subject to the Spill Prevention, Control, and Countermeasure (SPCC) must provide containment or diversionary structures or equipment to prevent discharges as described in §112.1(b) . Additionally, facilities must construct all bulk storage container installations (except mobile refuelers) to provide a secondary means of…

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  • Reviewing and updating a Facility Response Plan

    What do I need to do to maintain my facility's Facility Response Plan? Your FRP must comply with 40 CFR Part 112 and any amendments. You must review relevant portions of the National Contingency Plan and applicable ACP annually and, if necessary, revise the FRP to ensure consistency with these…

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  • When could active containment measures be appropriate for mobile refuelers?

    Active containment measures require deployment or other specific action by the owner or operator. For discharges that occur only during manned activities, such as transfers, an active measure may be appropriate, as long as the measure can contain the volume and rate of oil, is properly constructed, and is deployed…

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  • How did EPA amend the requirements for animal fats and vegetable oils in 2006?

    In December 2006, EPA removed the following SPCC requirements for the following specific types of animal fat and vegetable oil facilities: Requirements for onshore oil production facilities (Section 112.13) Requirements for onshore oil drilling and workover facilities (Section 112.14) Requirements for offshore oil drilling, production, or workover facilities (Section 112.15)…

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  • Rainwater in containment system of SPCC regulated farm

    What do I do with rainwater that accumulates in my containment system for a farm regulated by the Spill Prevention, Control, and Countermeasure (SPCC) rule? Check the rainwater for any oil, and if no oil is present, this can be released. If there is oil in the water, this water…

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  • Are all milk farms and milk producers exempt from the SPCC Rule?

    The exemption is for all milk and milk product containers, piping and appurtenances, but does not exempt containers that store other oils, such as petroleum oil at dairies, milk producers and milk product manufacturing facilities. These facilities will not have to account for, or address the exempt milk and milk…

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  • Difference between an SPCC Tier I and Tier II qualified facility

    In the SPCC regulations in 40 CFR Part 112, what is the difference between a Tier I and Tier II qualified facility? How did EPA establish the multi-tiered approach for qualified facilities? A Tier II qualified facility is one that has an aggregate aboveground oil storage capacity of 10,000 U.S…

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  • What is a wellhead protection area and how can a facility determine if it is located in one?

    Pursuant to 40 CFR §112.20, a facility that could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters or adjoining shorelines must prepare and submit a Facility Response Plan (FRP). Section 112.20(h)(2) and Part 112, Appendix F, Section 1.2 require…

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  • Is the Confidentiality Order still in effect?

    Yes. The Order states that all settlement discussions and documents “shall be kept confidential both during and after the negotiations and not disclosed to third persons.” (Order at 1-2).

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