Learn the Issues
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Certifying RMP process at higher program level
If a process qualifies as Program Level 1, can a facility designate it as a Program Level 2 or 3 in their Risk Management Plan? No. The owner or operator of a stationary source with a process eligible for Program 1 must certify their Program 1 designation in their Risk…
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How might determining impracticability under §112.7(d) affect a facility's FRP requirements under Part 112 Subpart D?
Pursuant to 40 CFR §112.7(d), if a facility owner or operator finds that secondary containment methods are not practicable, the SPCC Rule allows for alternative modes of protection to prevent and contain oil discharges if additional requirements are met. How might determining impracticability under §112.7(d) affect a facility’s FRP requirements…
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Visit and examination requirements for SPCC self-certification
Pursuant to 40 CFR §112.6, the owner or operator of a facility that meets the criteria in §112.3(g) for either a Tier I or Tier II qualified facility may self-certify the facility's SPCC Plan. As part of the self-certification, the owner or operator must certify that he or she has…
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Determining frequency of coordination activities
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)). Are stationary sources responsible for determining if coordination activities should occur more often than annually? Ultimate responsibility…
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Definition of Ambient Temperature for EPCRA 312 Reporting
The Tier II Hazardous Chemical Inventory form, used to meet annual EPCRA section 312 reporting requirements, requires facility owners or operators to note whether reported hazardous chemicals are present at, above, or below ambient temperature. What is meant by ambient temperature? Ambient temperature means that the material is stored in…
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Do service tanks on service trucks or pickups count in the calculation of the total storage on the farm?
Yes, you should include fuel tanks mounted on trailers, fuel trucks used exclusively on the farm and tanks in pickups toward the overall threshold of 1,320 gallons. Also, count 55-gallon drums, but don’t count any container smaller than that.
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What is an oil spill contingency plan?
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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How did EPA amend the requirements for animal fats and vegetable oils in 2006?
In December 2006, EPA removed the following SPCC requirements for the following specific types of animal fat and vegetable oil facilities: Requirements for onshore oil production facilities (Section 112.13) Requirements for onshore oil drilling and workover facilities (Section 112.14) Requirements for offshore oil drilling, production, or workover facilities (Section 112.15)…
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What happens after a facility submits the information about an oil discharge to EPA?
The EPA Regional Administrator will review the information submitted by the facility and may require a facility to submit and amend its SPCC Plan. Facilities and equipment that qualified for the new streamlined requirements may lose eligibility for those options as determined by the Regional Administrator. A state agency may…
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Who is subject to the Discharge of Oil regulation?
Any person in charge of a vessel or of an onshore or offshore facility is subject to the reporting requirements of the Discharge of Oil regulation if it discharges a harmful quantity of oil to U.S. navigable waters, adjoining shorelines, or the contiguous zone, or in connection with activities under…
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Under FRP, what is the definition of a qualified individual?
The FRP regulations require facilities to prepare an emergency response action plan and identify a qualified individual that has full authority, including contracting authority, to implement removal actions (40 CFR §112.20(h)(i)). What is the definition of a qualified individual? The relevant statute, CWA 311(j)(5)(C)(ii) requires that the plan identify the…
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Is my farm covered by SPCC?
For updated information on the WRRDA changes to farm applicability see the new farm fact sheet (PDF) .
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When could active containment measures be appropriate for mobile refuelers?
Active containment measures require deployment or other specific action by the owner or operator. For discharges that occur only during manned activities, such as transfers, an active measure may be appropriate, as long as the measure can contain the volume and rate of oil, is properly constructed, and is deployed…
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When is a mobile refueler subject to SPCC requirements?
According to a 1971 Memorandum of Understanding between the Department of Transportation (DOT) and the Environmental Protection Agency, EPA regulates non-transportation-related facilities and DOT regulates transportation-related facilities: • Mobile refuelers that operate solely within the confines of a non-transportation-related facility subject to the SPCC rule must comply with the general…
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Are generator sets considered oil-filled operational equipment?
No. Generator sets (gen sets) are a combination of oil-filled operational equipment and a bulk storage container. Lubrication systems on gen sets may be oil-filled operational equipment, but bulk storage tanks providing fuel for the generator typically are not oil-filled operational equipment.
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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.