Learn the Issues
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How do the changes in the 2006 Amendments apply to mobile refuelers?
Mobile refuelers are now exempt from the following sized secondary containment provisions that still apply to all other bulk storage containers and mobile/portable bulk storage containers: • Sections 112.8(c)(2) and (11) for petroleum oils • Sections 112.12(c)(2) and (11) for animal fats and vegetable oils These provisions previously required sized…
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No Supplier Notification Requirements for Tier II Chemical Inventory Reporting
Under EPCRA Section 313, suppliers are required to notify customers that their mixtures or trade name products contain a TRI chemical. Are there similar supplier notification requirements for Tier II chemical inventory reporting under EPCRA Section 312? There is no supplier notification requirement for Tier II chemical inventory reporting. However…
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SPCC change in ownership
If there is a change in ownership at a facility, can the facility operate under the same SPCC Plan without the certification from a professional engineer (PE)? If no change in procedures has been made, it may still be feasible to operate under the existing SPCC Plan. The information in…
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Remote coordination with local authorities
The Risk Management Program regulations require owners and operators of stationary sources to coordinate their response needs annually, or more frequently if necessary, with local emergency planning and response organizations (40 CFR §68.93(a)). If a stationary source is in a remote location and in-person annual coordination is deemed impractical, can…
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When must I report an oil discharge to NRC?
Any person in charge of a vessel or an onshore or offshore facility must notify the National Response Center (NRC) immediately after he or she has knowledge of the discharge.
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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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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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Criteria for significant and substantial harm facility designation
How do I know if my facility is a significant and substantial harm facility? Your facility may be a significant and substantial harm facility if it meets the over water transfer criterion, has a total oil storage capacity of one million gallons or more, and meets one or more of…
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Inspection or monitoring program requirements when using alternative secondary containment for oil-filled operational equipment
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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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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If your farm does not have fuel storage that will flow into US waters by a ditch, river, stream, or lake, do you have to prepare a SPCC Plan?
No. EPA suggests you use a common sense approach. If one of your oil storage tanks leaks, and the spilled oil would not flow into navigable waters or adjoining shorelines, you do not have to prepare a Plan. Remember that you still have the responsibility to clean up any spilled…
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Applicability of EPCRA 311 Exemptions To Extremely Hazardous Substances
The definition of a hazardous chemical under EPCRA Section 311 outlines exempted chemicals that are therefore not subject to material safety data sheet (MSDS) reporting or Tier II chemical inventory reporting. Do the exemptions from the definition of hazardous chemical also apply to extremely hazardous substances (EHSs)? EHSs are a…
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PE certifying a technical amendment
Except as provided in 40 CFR §112.6 for qualified facilities, a Professional Engineer (PE) must certify all technical amendments to an existing SPCC Plan (§112.5(c)). When certifying a technical change to an existing SPCC Plan, does the PE have to inspect and certify the entire Plan or only the amended…
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New owner using existing RMP
If a Risk Management Plan (RMP) facility is sold to a new owner, does the new owner have to develop a whole new RMP? Or can they use the existing RMP? No, a facility does not complete a new RMP as the facility keeps the original EPA Facility ID number…
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PE certification for an FRP if an SPCC impracticability determination is made
If the owner or operator of a facility subject to the SPCC regulations determines that the installation of any of the specified secondary containment structures or equipment is not practicable and accordingly provides in the facility’s SPCC Plan an oil spill contingency plan following the provisions of 40 CFR Part…
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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 oil-filled operational equipment?
Oil-filled operational equipment is equipment that includes an oil storage container (or multiple containers and associated piping intrinsic to the operation of the equipment) in which the oil is present solely to support the function of the apparatus or the device. It is not considered a bulk storage container, and…
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Purpose of Oil Pollution Prevention regulation
What is the purpose of the Oil Pollution Prevention regulation? When oil spills into navigable waters or onto adjoining shorelines, it can have harmful impacts on the environment, human health, and economic activity. EPA issued the Oil Pollution Prevention regulation to prevent oil spills and to assure that oil facility…
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What information do I need to report for an oil discharge?
The National Response Center (NRC) will ask a caller to provide as much information about the incident as possible including: • Name, organization, and telephone number • Name and address of the party responsible for the incident • Date and time of the incident • Location of the incident •…
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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…