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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