Useful SPCC Reference Material

The SPCC reference material provided on this Web page may help facilities better understand SPCC requirements and EPA's positions on the implementation of the SPCC rule.

Reference material includes:

• 1971 Memoranda of Understanding (MOU) between EPA and the Secretary of Transportation
• 1994 MOU among EPA, Department of Interior (DOI), and Department of Transportation (DOT) on off-shore facilities
• Letters from EPA to the Petroleum Marketers Association of America and to Safety-Kleen Corporation regarding the transportation of oil
• EPA Memoranda regarding aboveground storage tanks, breakout tanks and bulk storage containers, and general guidance on SPCC rule requirements and implementation

EPA will add other SPCC reference material to this Web page as it becomes available.

Memoranda of Understanding

Section 311(j)(1)(C) of the Clean Water Act (CWA), 33 U.S.C. 1251, requires the President to issue regulations establishing procedures, methods, equipment, and other requirements to prevent discharges of oil from vessels and facilities and to contain such discharges. The President has delegated the authority to regulate non-transportation-related onshore facilities under section 311(j)(1)(C) of the Act to the U.S. Environmental Protection Agency (EPA). By Executive Order, the President has delegated similar authority over transportation-related onshore facilities, deepwater ports, and vessels to the U.S. Department of Transportation (DOT), and authority over other offshore facilities, including associated pipelines, to the U.S. Department of the Interior (DOI). A Memorandum of Understanding (MOU) among EPA, DOI, and DOT effective February 3, 1994, has redelegated the responsibility to regulate certain offshore facilities located in and along the Great Lakes, rivers, coastal wetlands, and the Gulf Coast barrier islands from DOI to EPA. The MOU is included as Appendix B to 40 CFR part 112. An MOU between the Secretary of Transportation and the EPA Administrator, dated November 24, 1971 (36 FR 24080), established the definitions of non-transportation-related and transportation-related facilities. The definitions from the 1971 MOU are included as Appendix A to 40 CFR part 112.

• 40 CFR Part 112 Appendix A (58K, 2 pages) - Memorandum of Understanding Between the Secretary of Transportation and the Administrator of the Environmental Protection Agency on Transportation-Related and Non-Transportation-Related Facilities
  
  
• 40 CFR Part 112 Appendix B (50K, 1 page) - Memorandum of Understanding Among the Secretary of the Interior, Secretary of Transportation, and the Administrator of the Environmental Protection Agency on Jurisdictional Responsibilities For Offshore Facilities, Including Pipelines

Letters and EPA Memoranda

• Use of Alternative Secondary Containment Measures Regulated under the Oil Pollution Prevention Regulation -- Memorandum from Marianne Lamont Horinko, Assistant Administrator, Office of Solid Waste and Emergency Response to Oil National Policy Managers, Regions 1-10 (70K, 4 pages) This memorandum amends EPA guidance issued on April 29, 1992 concerning the use of certain double-walled aboveground storage tanks (ASTs) for secondary containment purposes, and clarifies when shop-built double-walled ASTs satisfy the applicable secondary containment requirements in the SPCC rule.
• Jurisdiction Over Breakout Tanks/Bulk Oil Storage Tanks (Containers) at Transportation-Related and Non-Transportation-Related Facilities -- February 4, 2000 Memorandum from Richard B. Felder, Associate Administrator, Office of Pipeline Safety, U.S. Department of Transportation and Stephen D. Luftig, Director, Office of Superfund Remediation Technology Innovation, U.S. Environmental Protection Agency (228K, 14 pages) This memorandum clarifies jurisdictional issues over breakout tanks and bulk storage containers, and establishes mutual goals for the EPA and DOT. Examples of complex facilities (those facilities containing both transportation-related and non-transportation-related components) are provided, with diagrams showing jurisdictional delineations.
• Letter from Steven F. Heare, Acting Deputy Director, Office of Superfund Remediation Technology Innovation to Melissa Young, Esq., Government Affairs Counsel, Petroleum Marketers Association of America (15K, 2 pages) This letter provides guidance on determining when a cargo tank motor vehicle used to transport petroleum products is considered non-transportation-related and subject to SPCC requirements.
• Industry Questions on the Oil Spill Prevention, Control, and Countermeasure Rule -- September 30, 2002 Memorandum from Marianne Lamont Horinko, Assistant Administrator, Office of Solid Waste and Emergency Response to Karen V. Brown, Director, Small Business Division, Small Business Ombudsman (53K, 12 pages) This memorandum provides responses in a "Question and Answer" format to several questions about SPCC rule requirements and implementation posed by the Petroleum Marketers Association of America (PMAA), the Society of Independent Gasoline Marketers Association (SIGMA), the Petroleum Marketers and Convenience Stores of Iowa (PMCI), and the Independent Lubricant Manufacturers Association (ILMA). The memorandum addresses such topics as secondary containment for bulk storage facilities; deviations from rule requirements; fencing requirements; overfill prevention; integrity testing; use of tank trucks for storage; agreements with clean-up contractors; SPCC plan amendments; and other issues.
• July 14, 2000 Letter from David Lopez, Director, Oil Program Center, to Mr. Chris Early, Safety-Kleen Corporation (777K, 4 pages) This letter responds to a number of questions concerning the meaning of "transportation-related" and "non-transportation-related" as they relate to SPCC facilities. Several examples of situations involving rail cars are described, with explanations as to whether or not they would be regulated under the SPCC rule. Another set of questions involve the demonstration of impracticability and contingency plan requirements.