United States
                        Environmental Protection
                        Agency
                                        Office of
                                        Emergency Management
                                        (5104A)
EPA-550-F-06-008
December 2006
www.epa.gov/emergencies
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Option for Qualified Oil-Filled Operational Equipment

In December 2006, EPA amended the SPCC rule to streamline some of the requirements for facilities with
smaller oil storage capacity and specific types of equipment, including the requirements for secondary
containment for oil-filled operational equipment.  Secondary containment for oil-filled operational equipment
may sometimes be impracticable because of design and safety considerations and site configuration. The
revised rule provides an alternative to the general secondary containment requirements for qualified oil-filled
operational equipment.
What is oil-filled operational
equipment?
Oil-filled operational equipment is equipment that
includes an oil storage container (or multiple
containers and associated piping intrinsic to the
operation of the equipment) in which the oil is
present solely to support the function of the
apparatus or the device. It is not considered a bulk
storage container, and does not include oil-filled
manufacturing equipment (flow-through process).
Some examples include, but are not limited to:
hydraulic systems, lubricating systems (e.g., those
for pumps, compressors, and other rotating
equipment including pumpjack lubrication
systems), gear boxes, machining coolant systems,
heat transfer systems, transformers, circuit
breakers, electrical switches, and other systems
containing oil solely to enable the operation of the
device.

Are Generator Sets considered oil-filled
operational  equipment?
No. Generator Sets (Gen Sets) are a combination
of oil-filled operational equipment and a bulk
storage container. Lubrication systems on Gen
Sets may be oil-filled operational equipment, but
bulk storage tanks providing fuel for the generator
typically are not oil-filled operational equipment.

What are the amended requirements
for oil-filled operational equipment?
Instead of providing secondary containment for
qualified oil-filled operational equipment, an owner
or operator may prepare an oil spill contingency
plan and a written commitment of manpower,
equipment,  and materials to quickly control and
remove discharged oil. He/she must also have an

SPCC Rule Amendment  Fact Sheet	
                                         inspection or monitoring program for the equipment
                                         to detect a failure and/or discharge. An individual
                                         impracticability determination for this equipment is
                                         not required.

                                         Am I required to use this option?
                                         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.
                                         What is the qualifying criterion?
                                         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 of oil in each of two discharges to
                                         navigable waters, within any twelve-month period,  in
                                         the three  years prior to the SPCC Plan certification
                                         date, or since becoming subject to 40 CFR part 112
                                         if the facility has  been in operation  for less than
                                         three years.  When determining the applicability of
                                         this criterion, the gallon amount(s)  specified (either
                                         1,000 or 42) refers to the amount of oil that actually
                                         reaches navigable waters or adjoining shorelines,
                                         not the total amount of oil spilled.
                                         Oil discharges that result from natural disasters, acts
                                         of war, or terrorism are not included in the eligibility
                                         determination.

                                         Do I automatically lose eligibility if  the
                                         equipment has an oil discharge?
                                         No. Facilities that choose this alternative and later
                                         have a reportable oil discharge from qualified oil-
                                         filled operational equipment do not automatically
                                         lose eligibility. However, the spill reporting
                                         requirements would apply as well as the reporting

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requirements in the SPCC rule. After receiving a
report of an oil discharge, the EPA Regional
Administrator may determine whether the facility
must amend its SPCC Plan and have it certified by
a Professional Engineer (PE).  Facilities that are
required to amend their SPCC Plan may lose their
eligibility for this alternative, unless they can
demonstrate that  secondary containment is
impracticable.
For more information on spill reporting,  see the "Oil
Discharge Reporting Requirements" Fact Sheet or
refer to the SPCC rule and the Discharge of Oil
regulation, 40 CFR part 110.

What is an oil spill contingency plan?
An oil spill contingency plan is a detailed oil spill
response and removal plan that addresses
controlling, containing, and recovering an oil
discharge in quantities that may be harmful to
navigable waters  or adjoining shorelines.
The elements of the oil spill contingency plan are
outlined in 40 CFR 109.5, and include:
  •  Definition of the authorities, responsibilities,
    and duties of all entities involved in oil
    removal operations;
  •  Procedures for early detection and timely
    notification of an oil discharge;
  •  Assurance that full resource capability is
    known and can be committed following a
    discharge;
  •  Actions for after discovery and notification of a
    discharge;
  •  Procedures to facilitate recovery of damages
    and enforcement measures.
A contingency plan may be a stand-alone plan or
included in an SPCC Plan.

What is included in the written
commitment of resources?
A written commitment of resources ensures that
facilities are able to implement the oil spill
contingency plan  once a discharge has been
detected. An owner/operator must provide a
written commitment of manpower, equipment, and
materials to quickly control and remove any
quantity of oil discharged that may be harmful.
The elements of the written commitment are also
included in 40 CFR 109.5, and ensure that facilities
are able to implement the contingency plan once a
discharge has been detected.

What is required in an inspection or
monitoring program?

SPCC Rule Amendment  Fact Sheet	
An owner or operator must be able to detect a
discharge for a contingency plan to be effective.
Owners/operators who use this alternative are
required to develop an appropriate set of procedures
for inspections or a monitoring program for qualified
oil-filled operational equipment. A written
description of the inspection or monitoring program
must be included in the SPCC Plan. A record of
inspections and tests, signed by the appropriate
supervisor or inspector, must be kept with the SPCC
Plan for three years.

Do these changes apply to oil-filled
manufacturing equipment?
No. The amendment does not change any
requirements for oil-filled manufacturing equipment.
Oil-filled manufacturing equipment remains subject
to the SPCC requirements (including those for
containment), but an  owner/operator may determine
that secondary containment is impracticable and
comply with the alternative measures in section
Can qualified facilities also use the
alternative requirements for qualified
oil-filled operational equipment?
Yes. Facilities that meet the criteria for qualified
facilities and qualified oil-filled operational
equipment may benefit from both  of the alternative
approaches. Since an  impracticability determination
is not necessary for qualified oil-filled operational
equipment, the owner/operator can self-certify the
SPCC Plan and is not required to have a PE
develop the alternative measures to secondary
containment for qualified oil-filled  operational
equipment.
           For More Information
 Read the SPCC rule amendment
 www.epa.gov/oilspill
 Review the Oil Pollution Prevention regulation
 (40 CFR part 112)
 http://www.gpoaccess.gov/cfr/
 Visit the EPA Office of Emergency
 Management Web site
 www.epa.gov/emergencies
 Call the Super-fund, TRI, EPCRA, RMP, and Oil
 Information Center
 (800) 424-9346 or (703) 412-9810
 TDD (800) 553-7672 or (703) 412-3323
 www.epa.gov/superfund/resources/infocenter

      To Report an Oil or Chemical Spill
 Call the National Response Center
 (800) 424-8802 or (202) 267-2675
 TDD (202) 267-4477

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