Learn the Issues
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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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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 is a complex?
Some facilities must meet the requirements of two or more federal agencies, because they engage in activities that fall under the jurisdiction of those agencies. These agencies include the U.S. Coast Guard, the Department of Transportation's (DOT) Office of Pipeline Safety, and EPA. A 1971 Memorandum of Understanding (MOU) between…
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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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What is a mobile refueler?
A mobile refueler is a bulk storage container onboard a vehicle or being towed that is designed or used solely to store and transport fuel for transfer into or from an aircraft, motor vehicle, locomotive, vessel, ground service equipment, or other oil storage container. Mobile refuelers may be found at…
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What are the FRP recordkeeping requirements?
What FRP recordkeeping requirements must I satisfy? You must maintain the response plan at your facility, along with plan updates reflecting material changes. You must also keep a log of response training drills and exercises. Records of inspections of response equipment must be kept for five years. If you determine…
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For SPCC training purposes, who is considered oil-handling personnel?
Pursuant to 112.7(f)(1), the owner or operator of a facility subject to the SPCC regulations must train oil-handling personnel in the operation and maintenance of equipment, discharge procedure protocols, applicable pollution control laws, rules and regulations, general facility operations and the contents of the facility SPCC Plan. For the purposes…
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Underground Storage Tanks in SPCC Plans
If a gas station that has less than 42,000 gallons completely buried oil storage capacity and no aboveground oil storage capacity installs a new aboveground tank with a capacity greater than 1,320 gallons, must the facility’s Spill Prevention, Control, and Countermeasure (SPCC) Plan address the underground storage tanks (USTs) in…
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Mixture with oil as an additive (e.g., oil-based paint)
SPCC applicability thresholds for aboveground and completely buried oil storage capacities are established in 40 CFR §112.1(d)(2). If a facility has a tank that contains a mixture with oil as an additive, such as oil-based paint, should the entire mixture be counted towards a facility’s threshold capacity? Yes; if a…
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Elements to include in Facility Response Plan
What key elements should I include in my Facility Response Plan? As you prepare your FRP, be sure that your plan includes the following elements: Emergency Response Action Plan (an easily accessible stand-alone section of the overall plan) including the identity of a qualified individual with the authority to implement…
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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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Tier I qualified facility template use under Part 112
In the 2008 Amendments to the SPCC Rule, EPA provided a template for the owner or operator of a Tier I qualified facility to create an SPCC Plan. Does EPA require a Tier I qualified facility to use the template in 40 CFR Part 112, Appendix G? Does EPA allow…
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Ozone Designations Guidance and Data
Ozone designations guidance and data
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How do I determine if my farm could reasonably discharge oil into or upon navigable waters or adjoining shorelines?
You can determine this by considering the geography and location of your farm relative to nearby navigable waters (such as streams, creeks and other waterways). You should consider if ditches, gullies, storm sewers or other drainage systems may transport an oil spill to nearby streams. Estimate the volume of oil…
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Particle Pollution Designations Regulatory Actions
chronological listing of all regulatory actions related to designations for the 2012 fine particle standard
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Are facilities required to use the option for qualified oil-filled operational equipment?
No. This is an alternative way to comply with the SPCC requirements. An owner or operator can choose to comply with the general requirements to provide secondary containment for each piece of oil-filled operational equipment.
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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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Lead Designations - Maryland State Recommendations and EPA Responses
Lead Designations - 2008 Standards. Maryland State Recommendations and EPA Responses, Round 1 and 2
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Lead Designations - Virginia State Recommendations and EPA Responses
Lead Designations - 2008 Standards. Virginia State Recommendations and EPA Responses, Round 1 and 2
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Who is responsible for preparing and submitting an RMP for a leased stationary source?
The "owner or operator" of a stationary source with covered processes is required to comply with the risk management program requirements in 40 CFR Part 68. If a stationary source owner leases the source to an operator, who is responsible for submitting the risk management plan (RMP)? Both the owner…