United States
Environmental Protection
Agency
Office of
Emergency Management
(5104A)
EPA-550-F-06-009
December 2006
www.epa.gov/emergencies
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Amended SPCC Requirements Finalized in December 2006
In December 2006, EPA amended the SPCC rule to streamline some of the requirements for the regulated
community. As part of the Oil Pollution Prevention regulation, the SPCC rule outlines requirements for
prevention of, preparedness for, and response to oil discharges. Regulated facilities must develop and
implement SPCC Plans that establish procedures and equipment requirements to help prevent oil
discharges from reaching navigable waters or adjoining shorelines.
What changes did EPA finalize in December 2006?
The revised rule modifies requirements for facilities with smaller oil storage capacity and specific types of oil-
filled operating equipment.
Alternative for facilities that store or handle 10,000 gallons or less of oil
If a facility...
Has 10,000 gallons
or less in
aggregate
aboveground oil
storage capacity
And the facility...
Meets the oil
discharge history
criteria described
below
Then an owner/operator of a facility...
• May prepare a self-certified SPCC Plan instead of one
reviewed and certified by a Professional Engineer (PE)
• May meet tailored facility security and tank integrity
inspection requirements without PE certification
• May prepare a plan which includes PE-certified
environmentally equivalent measures or impracticability
determinations that would require PE certification for only
the portions dealing with environmental equivalence and
impracticability determinations. The remaining portions of
the plan could be self-certified by the facility
owner/operator.
Alternative for oil-filled operational equipment
If a facility...
Has oil-filled
operational
equipment
And the equipment
Meets the oil
discharge history
criteria described
below
Then an owner/operator of a facility...
• May implement an inspection and monitoring program,
develop an oil spill contingency plan, and provide a written
commitment of resources to control and remove oil
discharged, for qualified equipment in lieu of secondary
containment for the oil-filled operational equipment
• Does not need to make an impracticability determination
for each piece of equipment
To use these alternatives a facility (or its equipment) must meet requirements for its reportable discharge
history. The facility must not have had (1) a single discharge of oil to navigable waters exceeding 1,000
U.S. gallons or (2) two discharges of oil to navigable waters each exceeding 42 U.S. gallons 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 operating for less than three years. Eligibility for the oil-filled operational equipment
alternative is determined by the discharge history from the equipment, not the entire facility.
SPCC Rule Amendments Fact Sheet
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The December 2006 rule included several other revisions:
• Motive power containers (e.g., automotive or truck fuel tanks) are exempt from the SPCC rule.
• Mobile refuelers are exempt from specific sized secondary containment requirements.
• Certain requirements for animal fats and vegetable oils were removed and reserved.
Who is subject to the SPCC rule?
The SPCC rule applies to owners or operators of non-transportation-related facilities that:
• Drill, produce, store, process, refine, transfer, distribute, use, or consume oil or oil products, and
• Could reasonably be expected to discharge oil to U.S. navigable waters or adjoining shorelines.
Facilities are subject to the rule if they meet at least one of the following capacity thresholds:
• Aboveground oil storage capacity greater than 1,320 gallons, or completely buried oil storage capacity
greater than 42,000 gallons.
The following are exempt from the rule:
• Completely buried storage tanks subject to all • Wastewater treatment facilities
the technical requirements of the underground . permanently closed containers
storage tank regulations
„ ., .,,,.,-• Motive power containers (see above)
• Containers with a storage capacity less than 55
gallons of oil
What are the compliance dates?
A facility (other than a farm)
starting operation...
On or before August 16, 2002
After August 16, 2002 through
October 31, 2007
After October 31, 2007
Most-
Maintain its existing Plan
Amend and implement the Plan no later than October 31, 2007*
Prepare and implement a Plan
Prepare and implement a Plan
no later than October 31 , 2007*
before beginning operations*
* In December 2006, EPA proposed to extend the date for owners and operators of facilities (with the
exception of farms) to either (1) prepare and implement a new SPCC Plan; or (2) amend an existing SPCC
Plan and implement the amended Plan until July 1, 2009. Because EPA has not yet finalized that
rulemaking, the current compliance date is October 31, 2007.
Farms starting operation...
On or before August 16, 2002
After August 16, 2002
Most-
Maintain its existing Plan
Amend and implement the Plan when EPA promulgates a rule
specific for farms and specifies a compliance date for farms
Prepare and implement a Plan when EPA promulgates a rule
specific for farms and specifies a compliance date for farms
Does EPA plan to make additional changes to the rule?
EPA is considering additional streamlined and tailored regulatory modifications or guidance for certain
types of facilities and equipment. For example, EPA is exploring potential options for an additional
subset of qualified facilities, facilities handling animal fats and vegetable oils, issues relating to farms,
and specific issues relating to the exploration and production industry.
SPCC Rule Amendments Fact Sheet
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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 Superfund, 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
SPCC Rule Amendments Fact Sheet
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