Spill Prevention, Control, and Countermeasure (SPCC) Reference Materials

The Spill Prevention, Control, and Countermeasure (SPCC) reference materials may help facilities better understand SPCC requirements and EPA's positions on the implementation of the SPCC rule.

Memorandum of Understanding

Section 311(j)(1)(C) of the Clean Water Act (CWA), 33 U.S.C. 1251, requires the president to issue regulations establishing:

• procedures,
• methods,
• equipment, and
• other requirements to prevent discharges of oil from vessels and facilities and to contain such discharges.

The president has delegated the authority to regulate non-transportation-related onshore facilities under section 311(j)(1)(C) of the Act to EPA. By Executive Order, the president has delegated similar authority over transportation-related onshore facilities, deepwater ports, and vessels to the U.S. Department of Transportation (DOT). The U.S. Department of Interior (DOI) was delegated authority over other offshore facilities, including associated pipelines.

A Memorandum of Understanding (MOU) among EPA, DOI, and DOT effective February 3, 1994, has redelegated the responsibility to regulate certain offshore facilities located in and along the Great Lakes, rivers, coastal wetlands, and the Gulf Coast barrier islands from DOI to EPA. The MOU is included as Appendix B to 40 CFR part 112.

An MOU between the Secretary of Transportation and the EPA Administrator, dated November 24, 1971 (36 FR 24080), established the definitions of non-transportation-related and transportation-related facilities. The definitions from the 1971 MOU are included as Appendix A to 40 CFR part 112.