Requirements for certain facilities to develop and implement Spill Prevention, Control, and Countermeasure (SPCC) plans were originally published in 1973 under the authority of the Federal Water Pollution Control Act, as amended (“Clean Water Act”), Section 311, Oil and Hazardous Substance Liability. The implementing regulations, promulgated at 40 CFR 112, were significantly revised in 2002 and amended a number of times to provide clarity and improve flexibility for regulated facilities.
These Oil Pollution Prevention regulation establish requirements for the prevention of, preparedness for, and response to discharges to Waters of the United States at non-transportation-related facilities meeting applicability criteria.
Which facilities are subject to SPCC regulations?
Any facility meeting the following criteria:
- Facility (or part of facility) is considered non-transportation-related.
- Facility could reasonably be expected to discharge oil in quantities that may be harmful into navigable waters or adjoining shorelines. (Harmful discharge includes any sheen on water surface.) (Determination cannot take into account manmade features such as secondary containment.)
- Total aggregate aboveground oil storage capacity is greater than 1,320 gallons of oil. (Determination based only on containers, tanks, transformers, and oil filled equipment of 55 gallons and greater.)
- Total aggregate underground capacity of completely buried storage tanks is greater than 42,000 gallons of oil. (Determination excludes any completely buried tanks subject to all technical requirements of 40 CFR 280/281 and USTs used exclusively for wastewater treatment.)
Most facilities with a total aboveground oil storage capacity of 1,320 gallons or more are subject to SPCC regulations.
SPCC regulation apply to any facility meeting the above criteria, including:
- Maintenance Activities
- Manufacturing and Assembly Facilities
- Construction Sites
- Military Bases and Installations
- Government Facilities
- Farms
- Tank Farms
- Fueling Racks
- Fuel Transfer
- Oil Production Facilities
- Bulk Oil Storage and Transfer Operations
- Drum Storage Areas
- Emergency Generators
Do SPCC regulations apply to liquids other than oil?
No. These regulations are focused strictly on oil, including a wide range of oils, such as synthetic oils, vegetable oils, mineral oils, and refined crude fractions. “Oil” includes gasoline, diesel fuel, kerosene, used oil, hydraulic fluid, dielectric fluid, crude oil, produced water, and many other substances.
Non-oil liquids are not subject to SPCC requirements, although state and local requirements may apply.
What are SPCC facilities required to do?
- Develop a written SPCC plan
- Provide adequate secondary containment for oil storage bulk containers (tanks and drums), pipelines, loading racks, and other areas
- Implement the SPCC plan’s prevention and response provisions
- Provide employee training
- Update the plan every 5 years and whenever material changes are made
Is SPCC training required?
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.
Who is qualified to prepare an SPCC plan?
Full SPCC plans must be prepared by a Professional Engineer (PE) who is familiar with these regulations and the subject facility. SPCC Plans for certain smaller facilities meeting selection criteria can be prepared by owner/operators who are not PEs, provided they properly adhere to all regulatory requirements.
How long are SPCC plans valid?
Your SPCC plan must be updated at least every 5 years. Your SPCC plan must also be updated within 6 months of any facility change that materially affects oil storage.
Where can I find additional information regarding SPCC?
2009 SPCC Rule Amendments
2008 SPCC Rule Amendments