Solid Waste and Emergency Response (5305W)
EPA540-K-03-008
OSWER9205.5-19A
Training Module
Introduction to:
Oil Pollution
Prevention
Regulation and the
Oil Pollution Act of
1990
United States
Environmental Protection
Agency
March 2003
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DISCLAIMER
This document was developed by Booz Allen Hamilton under contract 68-W-01-020 to EPA.
It is intended to be used as a training tool for Call Center specialists and does not represent a
statement of EPA policy.
The information in this document is not by any means a complete representation of EPA s
regulations or policies. This document is used only in the capacity of the Call Center training and
is not used as a reference tool on Call Center calls. The Call Center revises and updates this
document as regulatory program areas change.
The information in this document may not necessarily reflect the current position of the Agency.
This document is not intended and cannot be relied upon to create any rights, substantive or
procedural, enforceable by any party in litigation with the United States.
RCRA, Superfund & EPCRA Call Center Phone Numbers:
National toll-free (outside of DC area) (800) 424-9346
Local number (within DC area) (703) 412-9810
National toll-free for the hearing impaired (TDD) (800) 553-7672
The Call Center is open from 9 am to 5 pm Eastern Time,
Monday through Friday, except for federal holidays.
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OIL POLLUTION PREVENTION REGULATION AND THE
OIL POLLUTION ACT OF 1990
CONTENTS
1. Introduction 1
2. Oil Program History 3
2.1 Statutory History 3
2.2 Regulatory History 3
3. Oil Spill Program 5
3.1 Spill Prevention and Preparedness 5
3.2 Response 9
3.3 Cleanup Liability 14
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OPA/SPCC - 1
1. INTRODUCTION
Billions of gallons of oil currently stored in the United States and shipped across its waters pose
a serious threat to the environment. Oil spills can damage plants and animals in the fresh water
and marine environment; in fact, a single pint of oil released into the water can cover one acre of
water surface area and seriously damage an aquatic habitat. Birds, fish, and other wildlife can
lose necessary food sources and habitat. Economic effects can be drastic as well, harming
commercial fisheries and contributing to decreased recreation and tourism revenues. Populations
that depend on marine resources as part of their traditional, subsistence culture also can be
drastically affected. Congress has therefore enacted several laws mandating oil pollution
prevention efforts.
The Federal Water Pollution Control Act of 1972 (Clean Water Act) mandated regulations for
the prevention of oil spills into the navigable waters and adjoining shorelines of the United
States. The federal oil spill prevention regulations, known as the spill prevention, control, and
countermeasure (SPCC) regulations, were promulgated on December 11, 1973 (38 FR 34164).
The SPCC regulations provide a basic framework for operational procedures, containment
requirements, and response needs of certain facilities that might release oil into navigable waters.
Despite the implementation of the SPCC regulations and other federal pollution prevention
requirements, problems with oil spills continued to increase, culminating in a devastating oil
discharge into Alaska's Prince William Sound in 1989 from the Exxon Valdez. In response to
this discharge and other major oil spills, Congress enacted the Oil Pollution Act of 1990 (OPA).
OPA expanded EPA's planning and spill prevention activities and improved its preparedness and
response capabilities by stipulating that tank vessels, offshore oil facilities, and certain onshore
facilities are required to submit response plans designed to ensure that sufficient personnel and
equipment are available to respond to and mitigate a worst-case oil discharge. The response
plans focus on response activities and must be consistent with other statutes and regulations,
including the Superfund Amendments and Reauthorization Act (SARA) Title III (also known as
the Emergency Planning and Community Right-to-Know Act (EPCRA)) and the National
Contingency Plan (NCP).
Aside from facility-specific requirements to mitigate oil spills, the federal government has
established a coordinated network of officials to respond to oil spills by providing technical
support and response equipment, as needed. Reportable releases of oil into navigable waters
must be reported to the National Response Center, at which time federal authorities will
determine the appropriate response.
The goal of this module is to explain the purpose, scope, and reporting requirements of EPA's oil
pollution prevention regulations. After you have completed this module, you will be able to:
• Identify the major objectives of the Oil Pollution Act of 1990;
• Identify those facilities required to prepare SPCC Plans;
• Identify those facilities required to prepare and submit Facility Response Plans;
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Call Center training purposes.
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2 - OPA/SPCC
Explain an owner or operator's notification obligations for a discharge of a harmful
quantity of oil into navigable waters; and
Explain the scope of the Oil Spill Liability Trust Fund.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Call Center training purposes.
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OPA/SPCC - 3
2. OIL PROGRAM HISTORY
The Oil Program has a long history of protective requirements that are directed toward
preventing water pollution. Originating in 1973, the SPCC regulations were promulgated prior
to any other Call Center program area. Therefore, the Oil Program, with its associated protective
and often preemptive requirements, represents the oldest pollution prevention regulation within
the Call Center's purview. In order to provide additional detail and background on this
continually developing program, statutory and regulatory histories are provided below.
2.1 STATUTORY HISTORY
Oil pollution prevention regulation originated in 1899 with the Rivers and Harbors Act, the goal
of which was to protect the navigability of commercial waters. In 1948, the Federal Water
Pollution Control Act provided the first funds for constructing publicly owned treatment works
(POTWs), that treat municipal wastewater prior to its discharge into the environment. The
Water Quality Act of 1965 established interstate water quality standards, requiring that each
water body achieve or maintain specific water quality standards.
The Clean Water Act (CWA) of 1972 established a technology-based approach to maintaining
water quality. This Act prohibits discharges without a permit and allows permitted discharges to
release only limited amounts of chemicals into navigable waters. As a result of the CWA, most
point source discharges were successfully controlled, and the quality of the nation's waters
generally remained stable or improved slightly. The CWA sets the framework for a
comprehensive program for water pollution control. The major objectives of the CWA include
eliminating pollutant discharges to navigable waters, attaining water quality standards that
provide for the protection offish, shellfish, and wildlife, and providing federal financial
assistance for the construction of POTWs.
Section 311 of the CWA specifically prohibits discharges of oil or hazardous substances into or
upon the navigable waters or adjoining shorelines of the United States, or the waters of the
contiguous zone. In fact, CWA §31 l(j)0) requires the President to issue oil spill prevention
regulations. Through an executive order, the President delegated the authority to regulate non-
transportation-related onshore and offshore facilities to EPA, and the authority to regulate
transportation-related onshore and offshore facilities to the United States Coast Guard (USCG),
which currently operates under the authority of the U.S. Department of Transportation (DOT).
2.2 REGULATORY HISTORY
On December 11, 1973, EPA promulgated the SPCC regulations, codifying them in 40 CFR Part
112 (38 FR 34164; December 11, 1973). They were amended on August 29, 1974, to establish
EPA's policy on civil penalties for violation of the CWA §311 requirements (39 FR 31602).
They were again amended on March 26, 1976 to clarify the applicability criteria and the
requirements for a written SPCC Plan and specify procedures for developing SPCC Plans for
mobile facilities (41 FR 12567). Additional substantive and clarifying changes to the SPCC
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Call Center training purposes.
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4 - OPA/SPCC
regulations were proposed on October 22, 1991 (56 FR 54612), February 17, 1993 (58 FR 8824),
and December 2, 1997 (62 FR 63812). Many of the revisions proposed by the 1991, 1993, and
1997 Federal Register publications were finalized as proposed or with modifications on July 17,
2002 (67 FR 47042).
The timeline for preparing and implementing an SPCC Plan is based on when a facility becomes
operational. As originally promulgated on July 17, 2002, all SPCC plans were to have been
amended by February 17, 2003 with changes implemented by August 18, 2003. On January 9,
2003, EPA published an interim final rule extending these dates by 60 days, to April 17, 2003,
and October 18, 2003, respectively (68 FR 1348). EPA issued this interim rule in conjunction
with a proposed rule to extend the dates for amendment and implementation by one year to
February 17, 2004, and August 18, 2004, respectively (68 FR 1352). As of March 2003, the
proposed rule regarding further extension of the deadline had not yet been finalized.
In addition to spill prevention plan regulations, EPA has promulgated response plan regulations.
On July 1, 1994, EPA finalized the FRP regulations, requiring owners and operators of certain
facilities to prepare and submit an oil discharge response plan to the Regional Administrator
(RA) (56 FR_34070). Like the SPCC regulations, the FRP regulations are codified in Part 112.
The Edible Oil Regulatory Reform Act, which was signed into law on November 20, 1995
required federal agencies to consider the various property differences and environmental effects
between non-petroleum oils and petroleum oils. As a result, EPA clarified that animal fats and
vegetable oils do not markedly differ from petroleum oils in properties or environmental effects
and published a rulemaking establishing regulatory language to more specifically address non-
petroleum oils. (65 FR 40776; June 30, 2000).
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Call Center training purposes.
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OPA/SPCC - 5
3. OIL SPILL PROGRAM
EPA's Oil Spill Program strives to limit damage done by oil spills through regulations designed
to address a facility's preparedness and its ability to prevent and respond to an oil discharge.
EPA's spill prevention, control, and countermeasure regulations address these issues by
establishing requirements for spill prevention plans. The FRP regulations put an even greater
focus on response efforts by establishing requirements for a plan to respond to a worst-case oil
discharge event. Additionally, EPA strives to limit the damage done by oil spills through
regulations requiring the immediate notification of a discharge of a harmful quantity of oil. This
section of the module will provide a brief overview of the SPCC, FRP, and oil discharge
notification regulations, as well as an introduction to the oil spill liability trust fund and the
statutory provisions for identifying responsible parties.
3.1 SPILL PREVENTION AND PREPAREDNESS
Under the authority of CWA §31 l(j), EPA promulgated regulations requiring certain non-
transportation-related facilities to take specific measures to prevent and prepare for oil spills into
navigable waters and adjoining shorelines. These regulations, codified in 40 CFR §§112.1
through 112.15, are known as the spill prevention, control, and countermeasure (SPCC)
regulations. A facility subject these regulations must develop and implement an SPCC Plan that
is certified by a registered Professional Engineer (PE) and maintained at the facility.
The SPCC regulations aim to: (1) prevent oil discharges through the implementation of sound
operating procedures, such as inspections and personnel training requirements; (2) prevent oil
discharges from reaching navigable waters or adjoining shorelines by requiring measures such as
secondary containment and integrity testing for aboveground containers; and (3) prepare
facilities to respond to an oil discharge event.
APPLICABILITY
A facility owner or operator must only consider oil when determining whether the facility is
subject to the SPCC requirements. Oil means oil of any kind or in any form, including but not
limited to: fats, oils, or greases of animal, fish, or marine mammal origin; vegetable oils,
including those derived from plant seeds, nuts, fruits and kernels; and other oils and greases,
including petroleum, fuel oil, sludge, synthetic oils, mineral oils, oil refuse, or oil mixed with
wastes other than dredged spoil (§112.2). Examples of substances that EPA considers oil
include kerosene, diesel fuel, coconut oil, and asphaltic cement.
Not all facilities that store or use oil are required to comply with the SPCC regulations; the
regulations only apply to a facility that is non-transportation-related, can reasonably be expected
to discharge oil in harmful quantities into the navigable waters of the United States or its
adjoining shorelines, and has an oil storage capacity above a specific threshold.
A non-transportation-related facility can be a fixed or mobile facility involved in oil
production, refining, storage, or well-drilling. Industrial, commercial, agricultural, or public
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Call Center training purposes.
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6 - OPA/SPCC
facilities that use and store oil, waste treatment facilities, loading equipment, and vehicles
transporting oil within the facility are examples of non-transportation-related facilities. In
certain cases, pipeline systems, terminal facilities, highway vehicles, and railroad cars are
considered transportation-related. To clarify the distinction between non-transportation-related
facilities regulated by EPA and transportation-related facilities regulated by DOT, the Secretary
of Transportation and the Administrator of EPA signed a Memorandum of Understanding
(MOU) on November 24, 1971 (36 FR 24080).
The determination as to whether a facility can be reasonably expected to discharge oil into or
upon the navigable waters of the United States or its adjoining shorelines is based solely upon
the facility's geographic location. Manmade features such as dikes, equipment, or other
structures that may serve to restrain, hinder, contain, or prevent a discharge of oil are not part of
this determination (§112. l(d)(i)). Two terms inherent to the accurate assessment of whether a
facility meets this criterion are "navigable waters" and "harmful quantity." Navigable waters
are the waters of the United States, including the territorial seas. The term includes all interstate
waters and any intrastate waters, the use, degradation, or destruction of which could affect
interstate or foreign commerce. Examples include streams (including intermittent streams),
wetlands, lakes, natural ponds, and rivers (§112.2). Generally speaking, navigable waters
consists of all natural surface waters in the United States. A harmful quantity is an amount of
oil that when discharged violates applicable water quality standards, causes a film or sheen on
the surface of the water or adjoining shorelines, or causes a sludge or emulsion to be deposited
beneath the surface of the water (§110.3).
Finally, only facilities that have an aggregate aboveground oil storage capacity greater than
1,320 gallons, or an underground oil storage capacity greater than 42,000 gallons, meet the oil
storage capacity threshold (§112.1(d)(2)). The shell capacity of both containers used to store oil
and oil-filled operational equipment are considered in a facility's oil storage capacity calculation.
The shell capacity is the amount of oil that a container is designed to hold (67 FR 47042, 47081;
July 17, 2002). Nonetheless, EPA has provided certain exclusions that limit the types of
containers subject to Part 112, including a facility's oil storage capacity calculations. First, all
containers with an oil storage capacity less than 55 gallons are exempt from Part 112
(§112.1(d)(5)). Second, completely buried storage tanks subject to the requirements in Parts 280
or 281 for underground storage tanks are also exempt from Part 112 (§112.1(d)(4)).1 Third,
wastewater treatment facilities, and parts thereof, are not subject to the SPCC regulations when
used exclusively for wastewater treatment (§112. l(d)(6)). Finally, a facility's oil storage
capacity does not include the capacity of permanently closed containers (§112. l(d)(2)(ii)).
Figure 1 illustrates the SPCC applicability criteria.
1 Exempted completely buried storage tanks, however, must be included on the facility diagram (§ 112. l(d)(4)).
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Call Center training purposes.
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OPA/SPCC - 7
Figure 1
SPCC Applicability
Could the facility reasonably be
expected to have harmful discharge
of oil to navigable waters?
NO
YES
Is the facility transportation-related?
SPCC Plan
Not Required
NO
YES
Does the facility have a non-exempt
underground buried storage capacity
of greater than 42,000 gallons, or a
non-exempt aboveground storage
capacity greater than 1,320 gallons?
YES
SPCC Plan
Required
NO
SPCC Plan
Not Required
SPCC REQUIREMENTS
All facilities that meet the applicability criteria discussed in the previous section are subject to
the SPCC requirements and must prepare a written SPCC Plan in accordance with good
engineering practices. The Plan must include a discussion of the facility's compliance with each
of the applicable requirements listed in §§112.7 through 112.15. Deviation from certain
requirements is permissible when equivalent environmental protection is provided by some other
means of spill prevention, control, or countermeasure (§112.7(a)(2)).
Section 112.7 outlines the general requirements for all SPCC-regulated facilities, including the
following:
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Call Center training purposes.
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! - OPA/SPCC
. Preparation of a facility diagram (§ 112.7(a)(3))
. Facility-wide containment or diversionary structures (§112.7(c))
Inspections and recordkeeping requirements (§112.7(e))
. Personnel training requirements (§112.7(f))
. Facility-wide security measures (§112.7(g)).
Sections 112.8 through 112.15 contain requirements that are applicable only to specific types of
facilities. For example, §112.8 identifies the requirements for facility drainage, bulk storage
containers, and underground piping at onshore facilities not associated with oil production. The
four facility types delineated in the SPCC regulations are the following:
Onshore facilities not associated with oil production (§§112.8 and 112.12)
Onshore oil production facilities (§§112.9 and 112.13)
. Onshore oil drilling and workover facilities (§§112.10 and 112.14)
. Offshore oil drilling, production, or workover facilities (§§112.11 and 112.15).
The requirements in §§112.8 through 112.11 address all oils except animal and vegetable oils,
while those in §§112.12 through 112.15 address only animal and vegetable oils.
Once an SPCC Plan is complete, it does not need to be submitted to EPA. The Plan must,
however, be maintained at the facility and available to the Regional Administrator (RA) for on-
site review during normal working hours (§112.3(e)). The Plan must also be certified by a PE,
signifying that the PE is familiar with the facility, that the PE or his agent has visited the facility,
that the Plan was prepared in accordance with good engineering practices, that procedures for
inspections and testing have been established, and that the Plan is adequate for the facility
(§112.3(d)). Although a Plan does not need to be submitted to EPA, a facility must provide a
report to EPA and state regulators after a discharge of more than 1,000 gallons as described in
§112. l(b), or after two such discharge events, both greater than 42 gallons and within 12 months
of each other. The report submitted must include detailed information about the facility and the
discharge(s), as specified in §112.4(a). After reviewing the information, the EPA Regional
Administrator may require an amendment to the SPCC Plan (§112.4).
Amending an SPCC Plan can be as simple as changing a contact name, but it may also be more
complicated. A PE must certify technical amendments that require the application of good
engineering practices, but non-technical changes do not require PE certification. Non-technical
changes include any changes that do not materially affect the facility's potential to discharge oil.
Product changes, if the new product is compatible with conditions in the existing container and
secondary containment, and contact list changes are examples of non-technical changes. A PE
should certify an amendment if the facility owner or operator is not sure whether the change is
technical or non-technical (67 FR 47042, 47093; July 17, 2002).
A facility owner or operator may identify the need for an amendment after conducting a five-
year review. Pursuant to §112.5(b), the owner or operator of the facility must complete a review
and evaluation of the Plan at least once every five years, the completion of which must be
documented in the Plan with a signed statement indicating whether the Plan will be amended.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Call Center training purposes.
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OPA/SPCC - 9
3.2 RESPONSE
Adequate response to an oil discharge event requires careful planning and organization on a
national level. The federal response system, collectively known as the National Response
System, involves collaboration between the parties responsible for the oil spill, and federal, state,
and local authorities. EPA has also established regulations requiring certain high-risk facilities
to develop site-specific response plans. The following section will focus on these response
aspects of EPA's oil pollution prevention regulations.
NATIONAL RESPONSE SYSTEM
The federal government organizes responses to major oil spills through a system called the
National Response System. Established under the NCP, the National Response System is a
network of individuals and teams of local, state, and federal agencies that combine their
expertise and resources to ensure that oil spill control and cleanup activities are timely, efficient,
and pose minimal threat to human health and the environment. The three major components of
the National Response System are On-Scene Coordinators (OSCs), Regional Response Teams
(RRTs), and the National Response Team (NRT).
OSCs represent the first line of action in response to an oil discharge event; they are the federal
officials responsible for directing response actions and coordinating all other efforts, at the scene
of a discharge or spill, including the efforts of local and private response agencies. Additionally,
the OSC is responsible for overseeing the development of the Area Contingency Plan (ACP) in
their area of responsibility. Section 300.120 establishes the designation and responsibilities of
OSCs.
RRTs are the next line of defense; OSCs can look to RRTs for additional federal support and
resources when responding to an oil discharge event. RRTs are responsible for oil discharge
preparedness and response at a regional level, and are comprised of federal officials and state
and local representatives. There are 13 RRTs, each representing a geographical region in the
United States. The responsibilities of RRTs are codified in §300.115.
Finally, the NRT is the highest level of federal response. It is an interagency group co-chaired
by EPA and USCG, responsible for the management of oil spill response actions. Regulations
establishing the role and responsibilities of the NRT are found in §300.110. Figure 2
demonstrates federal response to oil discharge events and illustrates the role of the National
Response Team.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Call Center training purposes.
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10 - OPA/SPCC
Figure 2
Federal Response Protocol
Incident
Occurs
I
Notification
National Response
Center
OSC/RPM
Notification
Federal
Assistance
Required?
NO
State/Local/RP
Response
National
Response
Team
Regional
Response
Team
I YES
OSC/RPM
State, RP
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Call Center training purposes.
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OPA/SPCC-11
NCP PRODUCT SCHEDULE
Section 31 l(d)(2) of the CWA as amended by §4201 (a) of OP A mandates that EPA maintain a
list of dispersants, chemicals, and other substances that can be used to respond to an oil
discharge. Regulations for the implementation of this list, the NCP Product Schedule, were
promulgated and codified in 40 CFR Part 300, Subpart J on September 15, 1994 (59 FR 47384).
Products on the NCP Product Schedule are grouped into the following categories: dispersants,
surface washing agents, surface collecting agents, bioremediation agents, burning agents,
sorbents, miscellaneous oil spill control agents, and mixed products. The regulations explain
how the NCP Product Schedule is used and detail criteria for listing products on the schedule.
The listing of a product does not mean that EPA has approved the product, it simply signifies
that certain data submission requirements for the product have been satisfied. Members of the
National Response System may use the NCP Product Schedule to assess information on a
particular response agent and authorize the use of that product to respond to an oil discharge.
FACILITY RESPONSE PLANS (FRPs)
Among the amendments made by OPA to CWA §31 l(j), Congress directed the President to issue
regulations requiring owners or operators of tank vessels, offshore facilities, and certain onshore
facilities to prepare and submit Facility Response Plans (FRPs). The FRP regulations were
promulgated in Part 112 on July 1, 1994 (59 FR 34070). Unlike the SPCC Plan, an FRP must be
prepared and submitted to the RA, and under certain circumstances that are discussed later in this
module, the FRP must also be approved by the RA. The owner or operator of a newly
constructed or newly regulated facility covered by the rule must submit its FRP prior to the start
of its operations. The owner or operator of an existing facility that becomes subject to the FRP
regulations because of a change in operations must submit its FRP prior to implementing the
change.
The members of the regulated community subject to the FRP requirements comprise a subset of
the regulated community subject to the SPCC requirements. All SPCC regulated facilities that
can be reasonably expected to cause substantial harm to the environment by discharging oil into
or upon the navigable waters or adjoining shorelines of the United States are subject to the FRP
provisions (§112.20(a)). Section 112.20(f)(l) sets forth the criteria a facility owners or operators
must use to determine whether their facility poses substantial harm to the environment. The are
two criteria for making this determination: either (i) the facility transfers oil over water and has a
total oil storage capacity greater than or equal to 42,000 gallons, or (ii) the facility has a total oil
storage capacity of one million gallons and one the following is true: there is not sufficient
secondary containment for each aboveground storage area, the facility is located such that a
discharge of oil could harm sensitive environments, the facility is located such that discharge of
oil would shut down a public drinking water intake, or the facility has had a reportable oil
discharge within the last five years in an amount greater than or equal to 10,000 gallons. These
criteria are outlined in Figure 3.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Call Center training purposes.
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12 - OPA/SPCC
Figure 3
Substantial Harm Criteria (§112.20(f)(l))
(1) The facility transfers oil over water to or from vessels and has a total storage
capacity greaterthan or equal to 42,000 gallons;
OR
(2) The facility's total oil storage capacity is greater than or equal to 1 million gallons,
and one or
i
The facility
more of the following is true:
r V ^
does not
have sufficient
secondary
containment for each
aboveground storage
area, including
adequate freeboard
to allow for
precipitation;
The facility is located
such that a discharge
from the facility could
cause injury to fish
and wildlife and
sensitive
environments;
r ^
The facility has had a
reportable
spill
greater than or equal
to 10,000 gallons
within the
years;
ast 5
r
The facility is located
such that
a discharge
would shut down
operations at a public
drinking water intake.
An owner or operator may determine that a facility does not pose substantial harm to the
environment based on the criteria discussed above, but that does not necessarily mean that an
FRP is not required for that facility; the RA has the discretion to use additional criteria to
classify the facility as a substantial harm facility. To make this determination, the RA may
consider the type of transfer operations at a facility, a facility's spill history, and other site-
specific characteristics and environmental factors (§112.20(f)(2)).
Many facilities do not meet the substantial harm criteria and thus do not need to submit an FRP.
All owners or operators must, however, complete and maintain at the facility a certification form
indicating that the facility does not meet the substantial harm criteria (§112.20(e)). An owner or
operator can use the certification form found in Part 112, Appendix C, or a comparable
alternative form (§112.20(e)). In contrast, if a facility does meet the SPCC applicability criteria
and the substantial harm criteria, its FRP must be prepared and submitted to the RA. Once
submitted, the RA will review the FRP to determine whether the facility should be further
classified as a "significant and substantial harm" facility. The owner or operator of a significant
and substantial harm facility must not only prepare and submit an FRP, but that FRP must be
approved by the RA. When classifying a facility as a significant and substantial harm facility,
the RA will consider the substantial harm criteria in §112.20(f)(2), as well as additional criteria
identified in §112.20(f)(3). These additional criteria take into consideration a facility's spill
history, its proximity to navigable waters, the age of its oil storage tanks, and other facility- and
region-specific factors such as local impacts on public health. Figure 4 shows the requirements
for different categories of facilities.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Call Center training purposes.
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OPA/SPCC - 13
Substantial
Harm Facility
NO
No Submisson
of FRP Except
at RA Discretion
Figure 4
Significant and Substantial Harm
YES
Submit
FRP
Significant and
Substantial
Harm
NO
No Approval
Necessary
YES
RA
Approval
All FRPs must be consistent with the requirements of the NCP and applicable area contingency
plans, and local emergency plans developed by local emergency planning committees under
EPCRA §303 (112.20(g)(l)). Unless an equivalent response plan has been prepared to meet
state or federal requirements, the FRP submitted to the RA must follow the format of the model
response plan in Part 112, Appendix F (§112.20(h)). If an alternative response plan is followed,
that plan must have an emergency response plan as identified in §112.20(h), supplemented with
the following elements, as identified in §§112.20(h)(2) through 112.20(h)(10) and Part 112,
Appendix F:
• Facility information
• Emergency response information
• Hazard evaluation
• Discharge scenarios
• Discharge detection methods
• Plan implementation procedures
• Facility self-inspection practices
Training and meeting logs
• Site diagrams
• Description of security measures.
RELEASE NOTIFICATION
Section 31 l(b)(3) of the CWA stipulates notification is required when a "harmful quantity" of oil
is discharged into the navigable waters or adjoining shorelines of the United States. Pursuant to
CWA §31 l(b)(3), release notification regulations for discharges of oil were codified in Part 110
(52 FR 10719; April 2, 1987). Section 110.3 clarifies that a discharge of a harmful quantity of
oil is one that violates applicable water quality standards, causes a film or sheen upon or
discoloration of the surface of the water or adjoining shorelines, or causes sludge or emulsion to
be deposited beneath the surface of the water or upon the adjoining shorelines. Any person in
charge of a facility or vessel must notify the National Response Center as soon as he or she has
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Call Center training purposes.
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14 - OPA/SPCC
knowledge of a discharge of oil from that facility or vessel in a harmful quantity amount
(§110.6).
Additionally, on September 15, 1994, EPA codified revisions to the NCP in §300.300 that
included discovery and notification regulations for discharges of oil (59 FR 47384). These
revisions clarify that a discharge of oil may be discovered by a report from the person in charge
of a vessel or facility, a deliberate search by patrols, a random or incidental observation by
government agencies or the public, or other sources. The notification provisions of this section
require any person, upon the discovery of a discharge of oil, to notify the NRC. The NRC must
then promptly notify the OSC, who must notify the appropriate state agency of any states that
may be affected by the discharge.
3.3 CLEANUP LIABILITY
The CWA liability provisions, as amended by OP A, provide EPA the authority to require a
responsible party to pay for cleanup and compensate for lost or damaged natural resources.
Since EPA has limited funding for the cleanup of oil, it is important that EPA receive
compensation and recovery of funds they use when responding to oil discharge events.
OP A §1002 specifically outlines the costs for which a responsible party (RP) can be held liable,
including removal costs and the costs of other actions taken to mitigate damage to public health
and welfare. Additionally, an RP can be held liable for damages such as real or personal
property damages, the costs of assessing natural resource damages, loss of profits or earning
capacity, and the net cost of additional public services provided during or after removal actions.
Similar to liability under the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA), OPA liability is judicially interpreted as both strict and joint and
several. Strict liability is the assessment of legal responsibility without regard to fault or
diligence. Joint and several liability means that any entity considered an RP can be held liable
for the entire cleanup, regardless of his or her contribution to the discharge.
THE OIL SPILL LIABILITY TRUST FUND
In the event of an oil discharge, EPA prefers to have RPs finance the cleanup of their own oil
discharges. When the RP is unknown or refuses to pay, the Oil Spill Liability Trust Fund ("the
Fund") can cover removal costs and/or damages that are not recovered from that RP. The
emergency response portion of the Fund is administered by the USCG's National Pollution
Funds Center (NPFC).
The Fund can provide up to $1 billion for any one oil pollution incident, including up to $500
million for the initiation of natural resource damage assessments and claims in connection with
any single incident (Internal Revenue Code, as amended by OPA; 26 USC §9509). OPA §1012
delineates the allowable uses of the Fund, including:
• Payment of costs assumed by states for removal actions conducted in a manner consistent
with the NCP;
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Call Center training purposes.
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• Payments to federal, state and Native American tribe trustees to carry out natural
resource damage assessments and restorations in a manner consistent with the NCP;
• Payment of claims for uncompensated removal costs and damages; and
• Research and development and other specific appropriations.
The primary source of revenue for the Fund was a five cents per barrel tax on imported and
domestic oil. This tax expired on December 31, 1994. Current revenue sources for the Fund
include interest on the Fund, cost recovery from the parties responsible for discharges, and fines
or civil penalties collected from RPs.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Call Center training purposes.
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