Search Frequent Questions

Displaying 1 - 15 of 29 results

• SPCC responsibility for tanks on leased property

  What if I leased some parcels, and there are tanks already present? Am I responsible for these tanks? You could be. If you plan to use these tanks, make sure in your lease agreement, it states who is responsible for these tanks. If the lease does not state who is responsible, you should talk to the

  • Last published: September 17, 2021

• 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

  • Last published: July 12, 2022

• 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

  • Last published: July 12, 2022

• 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 threshold. You

  • Last published: July 12, 2022

• 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 oil and a containment

  • Last published: July 14, 2022

• Ground water pathways related to reasonably expected to discharge

  The SPCC Rule applies to facilities that could reasonably be expected to discharge into navigable waters (40 CFR §112.2(a)). Does a facility need to consider ground water pathways when determining if a discharge of oil could reasonably be expected to reach navigable waters? Owners and operators

  • Last published: July 14, 2022

• Criteria for oil production facilities to be qualified facilities

  Qualified facilities are eligible for streamlined regulatory requirements in 40 CFR §112.6, which include self-certification of SPCC Plans. What criteria do oil production facilities have to meet in order to be considered qualified facilities? Oil production facilities, like all other facilities

  • Last published: July 14, 2022

• 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

  • Last published: July 12, 2022

• 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

  • Last published: July 12, 2022

• Is my farm covered by SPCC?

  For updated information on the WRRDA changes to farm applicability see the new farm fact sheet (PDF).

  • Last published: July 14, 2022

• 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.

  • Last published: July 14, 2022

• Why is EPA finalizing the "Exemption for All Milk and Milk Product Containers, Associated Piping and Appurtenances" proposed rule?

  Milk and milk products are stored and handled uniquely from other oils. Because milk and milk product containers are subject to certain specific construction and sanitation standards and requirements, the Agency believes that compliance with the SPCC requirements is not necessary. Specifically, milk

  • Last published: July 12, 2022

• 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

  • Last published: July 12, 2022

• Why is EPA removing the SPCC compliance date requirements for all milk and milk product containers, associated piping and appurtenances?

  The compliance date for the owner or operator of a facility to comply with the SPCC requirements for these milk and milk product containers was delayed one year from the effective date of a final rule specifically addressing them, or as established by rule. This was to provide time for facilities to

  • Last published: July 14, 2022

• Is there any public health risk created by the Exemption for all Milk and Milk Product Containers, Associated Piping and Appurtenances?

  No. Milk and milk product containers, piping and appurtenances are subject to regulatory standards and requirements for safe human consumption. These standards also serve to prevent discharges to waters of the U.S. Additional information about the exemption for milk and milk product containers

  • Last published: July 14, 2022