Spill Prevention, Control, and Countermeasure (SPCC) Guidance for Regional Inspectors
The SPCC Inspection Checklists in Appendix G of the guidance have been updated to reflect multiple regulatory amendments. These checklists are designed to assist EPA inspectors in conducting a thorough and nationally consistent inspection of a facility’s compliance with the SPCC rule at 40 CFR part 112. We have also added a new SPCC checklist specifically for Tier I Qualified Facilities.
- How do I comment on the Spill Prevention, Control, and Countermeasure (SPCC) Guidance for Regional Inspectors?
- Overview of SPCC Guidance for Regional Inspectors
- Using the Guidance
- Guidance Content
CORRECTION AND UPDATE NOTICE
GUIDANCE DOCUMENT UPDATE: In December 2005, EPA released the SPCC Guidance for Regional Inspectors. The guidance document is intended to assist regional inspectors in reviewing a facility's implementation of the SPCC rule at Title 40, Part 112 of the Code of Federal Regulations (CFR). Since initially publishing the document, EPA has updated certain portions of the document to correct typographical errors and to provide additional clarity, as well as to reflect recent compliance date extensions. This document will be revised again to reflect changes based on the December 2006 finalized amendments to the SPCC rule. This document will be revised to reflect recent regulatory changes.
How do I comment on the Spill Prevention, Control, and Countermeasure (SPCC) Guidance for Regional Inspectors?
To comment on the SPCC Guidance for Regional Inspectors, e-mail us at SPCC.OilSpill@epa.gov. Please include in your message the specific page number or section number that your comments refer to. This is a "living document" which will be continually updated and revised. EPA will not respond to all comments; however, all comments will be reviewed and will be used to inform ongoing revisions to the guidance document.
If you have questions about the guidance please call the Superfund, TRI, EPCRA, RMP and Oil Information hotline. If the hotline is unable to answer your specific questions, your question will be forwarded to an EPA staff member for a response.
On December 2, 2005, EPA released the SPCC Guidance for Regional Inspectors. The guidance document is intended to assist regional inspectors in reviewing a facility's implementation of the Spill Prevention, Control, and Countermeasure (SPCC) rule at 40 CFR part 112 and understanding the rule's applicability, and to help clarify the role of the inspector in the review and evaluation of the performance-based SPCC requirements. The guidance document is also available to owners and operators of facilities that may be subject to the requirements of the SPCC rule and the general public on how EPA intends the SPCC rule to be implemented. The document is designed to provide a consistent national policy on several SPCC-related issues.
The guidance is a living document and will be revised, as necessary, to reflect any relevant future regulatory amendments in a timely manner. Additionally, EPA welcomes comments from the regulated community and the public on the guidance document concurrently with the SPCC proposed rule amendments. This is a “living document” which will be continually updated and revised.
The statutory provisions and EPA regulations described in the guidance document contain legally binding requirements. The guidance document does not substitute for those provisions or regulations, nor is it a regulation itself. In the event of a conflict between the discussion in the document and any statute or regulation, the document would not be controlling. Thus, it does not impose legally binding requirements on EPA or the regulated community, and might not apply to a particular situation based upon the circumstances. The word "should" as used in the Guide is intended solely to recommend or suggest, in contrast to "must" or "shall" which are used when restating regulatory requirements. Similarly, model SPCC Plans in Appendices D, E, and F, as well as examples of SPCC Plan language in the guidance, are provided as suggestions and illustrations only. While the guidance document indicates EPA's strongly preferred approach to assure effective implementation of legal requirements, EPA decisionmakers retain the discretion to adopt approaches on a case-by-case basis that differ from the guidance where appropriate. Any decisions regarding a particular facility will be made based on the statute and regulations.
Interested parties are free to raise questions and objections about the substance of the guidance and the appropriateness of the application of the guidance to a particular situation. The guidance is a living document and may be revised periodically without public notice. The document will be revised, as necessary, to reflect any relevant future regulatory amendments. EPA welcomes public comments on the document at any time and will consider those comments in any future revision of the guidance document.
You will need Adobe Acrobat Reader, available as a free download, to view some of the files on this page. See EPA's PDF page to learn more about PDF, and for a link to the free Acrobat Reader.
The SPCC Guidance for Regional Inspectors is divided into seven main chapters. EPA recommends reading the entire SPCC rule at 40 CFR part 112 and the entire guidance document, however, some individuals may prefer to read select chapters based on their areas of interest. The guidance also includes several appendices, a glossary of terms, and index for the reader's reference. The full guidance document (PDF) (521 pp, 6.6MB) is available for download or individual chapters (PDF) can be accessed below.
Table of Contents (PDF) (14 pp, 36K) as well as a disclaimer, list of EPA Oil Program contacts, and acronyms list.
Chapter 1: Introduction (Version 1.1) (PDF) (13 pp, 287K) discusses the purpose and scope of the 40 CFR part 112, the regulatory history and the July 2002 amendments.
Chapter 2: Applicability of the SPCC Rule (PDF) (28 pp, 78K) clarifies the facilities, activities, and equipment that are regulated under the SPCC rule by providing an in-depth discussion of the applicability criteria and relevant scenarios.
Chapter 3: Environmental Equivalence (PDF) (32 pp, 206K) discusses the use of the environmental equivalence provision, lists the substantive requirements eligible for environmental equivalence, clarifies certain policy areas, provides examples of proper documentation, and describes the role of the EPA inspector in reviewing deviations based on environmental equivalence.
Chapter 4: Secondary Containment and Impracticability Determinations (PDF) (50 pp, 301K) describes the various secondary containment requirements and demonstrates how these requirements apply to specific equipment and activities at an SPCC-regulated facility. This chapter also discusses the impracticability determination provision of the rule, the additional requirements that accompany an impracticability determination, and the documentation needed to support such a determination. The role of the EPA inspector in reviewing and evaluating secondary containment requirements and impracticability determinations is also discussed.
Chapter 5: Oil/Water Separators (PDF) (16 pp, 306K) addresses the applicability of the SPCC rule to various scenarios involving oil/water separators and other equipment.
Chapter 6: Facility Diagrams (PDF) (16 pp, 276K) provides guidelines on the necessary level of detail for facility diagrams included in an SPCC Plan. This chapter also includes example facility diagrams for different types of facilities.
Chapter 7: Inspections, Evaluation, and Testing (Version 1.1) (PDF) (42 pp, 290K) provides an overview of the SPCC inspection, evaluation, and testing requirements, as well as how environmental equivalence may apply for these requirements. The role of the EPA inspector in determining a facility's compliance with the inspection, evaluation, and testing rule requirements and a summary of industry standards, code requirements, and recommended practices that apply to different types of equipment are also discussed.
Appendices: The guidance includes several appendices that provide supplementary information for inspectors.
- Appendix A - Text of CWA 311(j)(1)(c) (PDF) (1 pg, 15K)
- Appendix B - Select Regulations
- Appendix C - Summary of Revised Rule Provisions (PDF) (4 pp, 25K)
- Appendix D - Sample Bulk Storage Facility Plan
- Appendix E - Sample Production Facility Plan
- Appendix F - Sample Contingency Plan
- Appendix G - SPCC Inspection Checklists (Revised checklists now available!)
- Onshore Facilities (excluding production)
PDF version (PDF) (26 pp, 1.6M)
MS Word version (DOC) (26 pp, 5.1M)
Excel version (XLS) (1.7M)
- Onshore Oil Production, Drilling, and Workover Facilities
PDF version (PDF) (26 pp, 1.42M)
MS Word version (DOC) (26 pp, 4.6M)
Excel version (XLS) (1.6M)
- Offshore Oil Production, Drilling, and Workover
PDF version (PDF) (26 pp, 1.7M)
MS Word version (DOC) (26 pp, 5.4M)
Excel version (XLS) (1.9M)
- Tier I Qualified Facility Checklist
PDF version (PDF) (24 pp, 1.4M)
MS Word version (DOC) (17 pp, 4.2M)
Excel version (XLS) (1.6M)
- Onshore Facilities (excluding production)
- Appendix H - Other Policy Documents
- Letter to Melissa Young of Petroleum Marketers Association of America (2001) (PDF) (2 pp, 9K)
- Letter to Daniel Gilligan of Petroleum Marketers Association of America (May 25, 2004) (PDF) (4 pp, 40K)
- Letter to Mr. Chris Early of Safety-Kleen Corporation (July 14, 2004) (PDF) (4 pp, 776K)
- Department of Transportation (DOT)/EPA Memo "Jurisdiction over Breakout Tanks/Bulk Oil Storage Tanks (Containers) at Transportation-Related and Non-Transportation-Related Facilities" (February 4, 2000) (PDF) (14 pp, 230K)
- FRP rule attachments C-I and C-II (PDF) (2 pp, 122K)