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Who is the governing agency?

The Oil Spill Program is administered through EPA headquarters and the 10 EPA Regions.

How does the EPA establish it regulatory guidelines?

The governing regulations are derived from Title 40 of the Code of Federal Regulations, Part 112, (40 CFR 112) incorporating revisions proposed in 1991, 1993, and 1997. This rule became effective on August 16, 2002

What is the objective of the EPA's Oil Pollution Prevention regulation?

Establish a guideline for applicable facilities to prevent oil spills from reaching the navigable waters of the U.S. or our adjoining shorelines.

What facilities are regulated under the Oil Pollution Prevention regulation?

The rules apply to:

1. Owners or operators of certain facilities that drill, produce, gather, store, process, refine, transfer, distribute, use, or consume oil.
2. The regulation applies to non-transportation-related facilities.
3. Facilities with a total aboveground (i.e., not completely buried) oil storage capacity greater than 1,320 gallons.
4. Facilities due to their location can reasonably be expected to discharge oil into navigable waters of the U.S. or adjoining shorelines.

What is the EPA’s definition of an Oil?

For the purpose of a SPCC Plan, it includes oils of any kind and in any form, and includes both petroleum oils and non-petroleum oils. Petroleum oils may include, but are not limited to, gasoline, diesel, kerosene, other petroleum fuels, fuel oil, sludge, waste oil, and oil mixed with wastes other than dredged spoil. Non-petroleum oils can include silicone and mineral-based oils, and animal and vegetable oils.

What types of facilities are considered “Non-transportation” related?

Non-transportation related facilities refer to all fixed facilities, including support equipment, but excluding certain pipelines, railroad tank cars en route, transport trucks en route, and equipment associated with the transfer of bulk oil to or from water transportation vessels.

The term also includes mobile or portable facilities, such as drilling or work-over rigs, production facilities, and portable fueling facilities while in a fixed, operating mode.

What waterways fall under the requirements of requirements of the EPA’s SPCC Plan?

The geographical make-up and the facility location determine if a waterway has the potential of receiving the spill discharge into its waters. Determination is primarily done on a regional basis.

Any facility in the State of California is considered to be able to reasonably discharge oil into a navigable water or adjoining shorelines.

How is the storage capacity calculated?

SPCC Plans apply to facilities with an aggregate aboveground storage capacity for oil in excess of 1,320 gallons. When calculating the oil storage capacity you need to consider the storage volume for all aboveground containers that have a 55 gallon capacity and greater. This does include partially buried tanks.

Excluded in the storage capacity are permanently closed tanks (per 40 CFR part 112.2), tanks that meet all the requirements of an Underground Storage Tank (per 40 CFR part 280 or part 281), parts of a facility used exclusively for waste water treatment and not used to satisfy any requirement of 40 CFR part 112 (the production, recovery, or recycling of oil is not considered wastewater treatment).

Also excluded is the operational capacity of oil. The operational capacity refers to oil-filled electric equipment and manufacturing equipment.

How often will you need to update your SPCC Plan?

The SPCC Plan is to be reviewed and re-certified by a professional engineer every five years or sooner should the facility or the operations be altered in way that impacts the storage, containment, or spill prevention.

What do the SPCC regulations require a facility to do?

1. All regulated facilities must have a fully prepared SPCC Plan, certified by a licensed professional engineer.
2. The facilities must implement the Plan, including carrying out the spill prevention and control measures established for the type of facility or operations, such as measures for containing a spill (e.g., berms).
3. If the facility cannot implement containment measures
a. The facility must demonstrate that secondary containment is impracticable
b. Conduct periodic integrity and leak testing of bulk containers and associated valves and piping
c. Develop and incorporate a strong spill contingency plan into the SPCC Plan
d. Provide a written commitment of manpower, equipment, and materials required to quickly remove any quantity of oil discharged that may be harmful.
e. In addition, facility owners or operators must conduct employee training on the contents of the SPCC Plan.

When are the SPCC Plans required to be completed?

Facilities that become operational between August 17, 2002 and February 18, 2005 must prepare and implement an SPCC Plan by February 18, 2005. Facilities that become operational after February 18, 2005, must prepare and implement a Plan before beginning operations.

Information Source: United States Environmental Protection Agency.