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Background
In 1973, EPA issued the Oil Pollution Prevention regulation (codified at 40 CFR 112), to address the oil spill prevention provisions contained in the Clean Water Act of 1972. In 1990, Congress enacted the Oil Pollution Act. EPA proposed three sets of revisions to the Oil Pollution Prevention regulation - in October 1991, in July 1994, and in December 1997. On July 17, 2002, EPA amended.the.Oil.Pollution.Prevention.regulation by issuing a final rule that incorporated the changes proposed in the revisions.
Subparts A through C of the Oil Pollution Prevention regulation are often referred to as the "SPCC rule" because they describe the requirements for certain facilities to prepare, amend and implement Spill Prevention, Control and Countermeasure (SPCC) Plans. EPA issued final rules on April 17, 2003, and August 11, 2004, each extendeding the deadlines by which facilities must amend (or for new facilities, prepare) and implement their SPCC Plans.
Applicability
The SPCC regulations apply to non-transportation related facilities that store oil or oil-containing products in excess of the following limits:
- Total aboveground oil storage capacity greater than 1,320 gallons
- Total completely buried oil storage capacity greater than 42,000 gallons.
The regulations apply specifically to the potential facility storage capacity, regardless of whether the tank(s) is completely filled.
In addition to the storage capacity criteria, a facility is regulated if, due to its location, the facility could reasonably be expected to discharge oil into navigable waters of the U.S. or adjoining shorelines.
EPA Definitions (40 CFR 112)
Oil: Oil of any kind or in any form, including, but not limited to:
• fats, oils, or greases of animal, fish, or marine mammal origin;
• vegetable oils, including oils from seeds, nuts, fruits, or kernels; and
• other oils and greases, including petroleum, fuel oil, sludge, synthetic oils, mineral oils, oil
refuse, or oil mixed with wastes other than dredged spoil.
Non-petroleum Oil: Oil of any kind that is not petroleum-based, including but not limited to:
• fats, oils, and greases of animal, fish, or marine mammal origin; and
• Vegetable oils, including oils from seeds, nuts, fruits, or kernels.
Petroleum Oil: Petroleum in any form, including but not limited to crude oil, fuel oil, mineral oil, sludge, oil refuse, and refined products.
Animal Fat: A non-petroleum oil, fat, or grease of animal, fish, or marine mammal origin.
Vegetable Oil: A non-petroleum oil or fat of vegetable origin, including but not limited to oils and fats derived from plants seeds, nuts, fruits, and kernels. |
Total Oil Storage Capacity
Total oil storage capacity is the maximum capacity of all oil storage containers at a facility that have a capacity of 55 gallons or greater including all oil containing equipment such as transformers.
Empty containers that could be put in service to store oil must also be counted towards a facility’s total oil storage capacity. Wastes or products awaiting recycling must also be counted.
What about Underground Vehicle Fuel and Heating Fuel Tanks?
Completely buried oil containers, such as underground storage tanks do not count toward a facility’s total oil storage capacity if they are regulated under:
• 40 CFR 280 (Technical Standards and Corrective Action Requirements For Owners and Operators Of Underground Storage Tanks (UST)), or
• a state-approved program under 40 CFR 281 (Approval of State Underground Storage Tank Programs).
Most vehicle fuel tanks are covered under 40 CFR 280 and therefore do not need to be counted.
However, heating fuel underground storage tanks are exempt from regulation under 40 CFR 280 and are typically exempt from regulation under state-approved underground storage tank programs. As a result, heating fuel underground storage tanks may need to be included in an SPCC Plan. |
Preparation and Amendment
SPCC Plans must be reviewed and certified by a licensed Professional Engineer.
A copy of the Plan must be maintained at the facility or property where oil is stored or the nearest attended facility if the storage area is not normally attended at least four hours per working day.
SPCC Plans must be amended within six months whenever there is a change in facility design, construction, operation, or maintenance, which affects potential for oil discharge. The plan must be reviewed and recertified every five years.
Elements of a SPCC Plan
The SPCC Plan should address the following three areas:
- Operating procedures that prevent oil spills
- Control measures installed to prevent a spill from reaching navigable waters
- Countermeasures to contain, clean up, and mitigate the effects of an oil spill that reaches navigable waters
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