Learn the Issues
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Container capacity less than 55 gallons
Do facilities need to consider containers that are less than 55 gallons for applicability under 40 CFR Part 112? No. The third column of page 47066 of the July 17, 2002 Preamble states that "You need only count containers of 55 gallons or greater in the calculation of the regulatory…
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Can a containment wall be constructed out of concrete blocks?
Yes. SPCC regulations do not mandate design specifications, rather, they are performance based. Therefore, a containment wall may be of any construction type, material, or design, assuming it meets the performance standards and requirements of Part 112. Regional offices can help determine whether individual containment equipment meets the performance standards…
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PE certification and applying PE's seal
Except as provided in 40 CFR §112.6 for qualified facilities, a Professional Engineer (PE) must certify a facility’s SPCC Plan. In order to certify an SPCC plan, must a PE apply his seal to the plan, or is the PE’s signature on a certification statement sufficient for SPCC purposes? For…
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Does a product or substance have to create a sheen to be subject to SPCC?
The SPCC general applicability in 40 CFR §112.1(b) refers to a discharge of oil in quantities that may be harmful, as described in Part 110. Part 110 is often referred to as the sheen rule. Does a product or substance have to create a sheen to be subject to SPCC…
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Oil-filled equipment capacity
When counting against the 1,320 aboveground storage capacity threshold, would operational storage of oil (such as in a hydraulic press) be used? Oil which is contained in equipment is required to be factored into the storage capacity for the facility even though the oil may be only used for ancillary…
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Regulated facilities reasonably expected to discharge oil
How do I determine if my facility could reasonably discharge oil into or upon navigable waters or adjoining shorelines? This determination is based solely upon a consideration of the geographical and locational aspects of the facility. The location of the facility must be considered in relation to streams, ponds and…
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Who is regulated by the SPCC Rule?
Before a facility is subject to the SPCC Rule, it must meet three criteria: 1) it must be non-transportation-related; 2) it must have an aggregate aboveground storage capacity greater than 1,320 gallons or a completely buried storage capacity greater than 42,000 gallons; and 3) there must be a reasonable expectation…
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How are animal fat and vegetable oil defined in the SPCC Rule?
Animal fat means a non-petroleum oil, fat, or grease of animal, fish, or marine mammal origin. Vegetable oil means a non-petroleum oil or fat of vegetable origin, including but not limited to oils and fats derived from plant seeds, nuts, fruits, and kernels.
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What is a farm for purposes of the SPCC Rule?
In the December 2006 amendments to the SPCC Rule, EPA defined a farm as "a facility on a tract of land devoted to the production of crops or raising of animals, including fish, which produced and sold, or normally would have produced and sold, 1,000 or more of agricultural products…
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Are mobile refuelers exempt from integrity testing requirements?
Pursuant to 40 CFR §112.8(c)(2), mobile refuelers are exempt from the secondary containment requirements for bulk storage containers. Are mobile refuelers also exempt from the requirements for integrity testing in §112.8(c)(6)? Since mobile refuelers are mobile or portable bulk storage containers, the other provisions of §112.8(c) still apply. Therefore, mobile…
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Can qualified facilities also use the alternative requirements for qualified oil-filled operational equipment?
Yes. Facilities that meet the criteria for qualified facilities and qualified oil-filled operational equipment may benefit from both of the alternative approaches. Since an impracticability determination is not necessary for qualified oil-filled operational equipment, the owner/operator can self-certify the SPCC Plan and is not required to have a PE develop…
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Do the changes in the 2006 Amendments apply to oil-filled manufacturing equipment?
No. The amendment does not change any requirements for oil-filled manufacturing equipment. Oil-filled manufacturing equipment remains subject to the SPCC requirements (including those for containment), but an owner/operator may determine that secondary containment is impracticable and comply with the alternative measures in section 112.7(d).
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Qualifying criterion for qualified oil-filled operational equipment
What is the qualifying criterion for the option for qualified oil-filled operational equipment? Equipment is eligible if the facility did not discharge from any oil-filled operational equipment (1) more than 1,000 U.S. gallons of oil in a single discharge to navigable waters, or (2) discharge more than 42 U.S. gallons…
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Secondary containment calculations in SPCC Plan
The SPCC regulations in 40 CFR §112.7(c) require facilities to provide appropriate containment or diversionary structures or equipment to prevent discharges as described in §112.1(b). Does a facility's SPCC Plan have to include calculations to demonstrate compliance with the §112.7(c) general secondary containment requirements? EPA does not require facilities to…
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What are the specifications for bulk storage secondary containment systems?
For purposes of the SPCC requirements, "secondary containment for bulk storage facilities must be constructed to at least provide for the capacity of the largest single tank with sufficient freeboard for precipitation. EPA believes that the proper standard of "sufficient freeboard" to contain precipitation is that amount necessary to contain…
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What are the amended requirements 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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Facility classification as "substantial harm facility"
How do I know if my facility may be classified as a substantial harm facility? The flowchart of criteria for substantial harm (see Attachment C-1, Appendix C to 40 CFR Part 112) shows the questions you must answer to determine if your facility can be classified as a substantial harm…
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What are the oil discharge reporting requirements in the SPCC Rule?
Any facility owner/operator who is subject to the SPCC Rule must comply with the reporting requirements found in §112.4. A discharge must be reported to the EPA Regional Administrator (RA) when there is a discharge of: More than 1,000 U.S. gallons of oil in a single discharge to navigable waters…
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What do I need to submit to EPA if I have an oil discharge?
The owner/operator must provide the following: Name and location of the facility Owner/operator name Maximum storage/handling capacity of the facility and normal daily throughput Corrective actions and countermeasures taken, including descriptions of equipment repairs and replacements Adequate description of the facility, including maps, flow diagrams, and topographical maps, as necessary…
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SPCC requirements for transfer areas associated with exempt USTs
Gas stations typically are not subject to the SPCC Rule because completely buried storage tanks subject to 40 CFR Part 280 or 281 are exempt per §112.1(d)(4). However, a gas station would be subject to the SPCC Rule if it has more than 1,320 gallons of oil in aggregate above…