Learn the Issues
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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…
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What are the requirements of EPA's Facility Response Plan Rule?
According to OPA, an owner or operator of a “substantial harm” facility must develop and implement an FRP. A “substantial harm” facility is a facility that, because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on navigable waters or…
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SPCC Rule schedules for inspections, tests, and evaluations
The SPCC rule requires inspections, tests, and evaluations of above ground containers (40 CFR §112.8(c)(6)). Does the rule set schedules for how often these need to be conducted? The SPCC Rule does not prescribe a specific frequency or methodology for performing the required inspections, evaluations, and tests for aboveground containers…
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TMDL Report and Approval Documents for North Branch Deerfield River, VT
View supporting documents for North Branch Deerfield River in Vermont.
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Secondary containment requirements for mobile refuelers
What secondary containment requirements apply to mobile refuelers? General secondary containment requirements in §112.7(c) still apply to mobile refuelers at SPCC regulated facilities. General secondary containment should be designed to address the most likely discharge from the container and from oil transfers into or from the mobile refueler. The general…
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What changes did EPA finalize to the SPCC Rule in December 2006?
The revised rule modifies requirements for facilities with smaller oil storage capacity and specific types of oil-filled operating equipment. If a facility has 10,000 gallons or less in aggregate aboveground oil storage capacity and the facility meets the oil discharge history criteria, then an owner/operator of a facility may prepare…
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What is a significant and substantial harm facility?
Some substantial harm facilities may meet the criteria for a significant and substantial harm facility. After you have prepared and submitted your FRP, the RA may determine that your facility has the potential, not just for substantial harm, but for significant and substantial harm. If the RA makes that determination…
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What is considered bulk oil storage capacity?
The revised rule recognizes that oil is sometimes stored in bulk and sometimes used operationally. A bulk storage container is any container storing oil at a facility. Bulk oil storage containers may include, but are not limited to tanks, containers, drums, and mobile or portable totes. Operational use includes oil-filled…