United States
Environmental Protection
Agency
Office of
Emergency Management
(5104A)
EPA-550-F-06-005
December 2006
www.epa.gov/emergencies
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Option for Qualified Facilities that Store or Handle 10,000 Gallons or Less of Oil
In December 2006, EPA amended the SPCC rule to streamline some of the requirements for facilities
with smaller oil storage capacity and for specific types of equipment. The revised rule provides an
option for "qualified facilities" to prepare a self-certified SPCC Plan instead of one that is reviewed and
certified by a Professional Engineer (PE). These facilities may also use newly revised facility security
and tank integrity inspection requirements that are tailored for qualified facilities without PE certification.
What is a "qualified facility"?
A qualified facility is a facility with a limited oil
storage capacity that is eligible for streamlined
regulatory requirements. A facility must meet
two conditions to take advantage of the
qualified facilities option.
First, the facility must have 10,000 gallons or
less in aggregate aboveground oil storage
capacity. Second, 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, for 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 this
qualification determination.
What option is now available for
qualified facilities?
An owner/operator of a qualified facility may
choose to self-certify the facility's SPCC Plan
and Plan amendments instead of having the
SPCC Plan reviewed and certified by a licensed
SPCC Rule Amendment Fact Sheet
PE and may take advantage of other tailored
requirements.
Do I automatically lose eligibility if
the facility has an oil discharge?
No. Facilities that choose this alternative and
then have an NRC reportable oil discharge after
self-certifying the SPCC Plan do not
automatically lose eligibility. If the oil discharge
reaches navigable waters, the spill reporting
requirements apply as well as the reporting
requirements of 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 PE. Facilities that are required to
amend their SPCC Plan are no longer eligible
for the self-certification option.
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 does self-certification include?
An owner/operator that certifies a facility's
SPCC Plan attests that he/she is familiar with
the requirements of 40 CFR part 112 and has
visited and examined the facility. The
owner/operator also certifies that:
• The Plan has been prepared in
accordance with accepted and sound
industry practices and standards and
with the rule requirements
• Procedures for required inspections and
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testing have been established
• The Plan is being fully implemented
• The facility meets the qualifying criteria
• The Plan does not deviate from rule
requirements except as allowed and as
certified by a PE
• Management approves the Plan and
has committed resources to implement it
Am I required to use this option?
No. Self-certification and the streamlined
requirements are an alternative means of
complying with SPCC requirements. An owner
or operator can choose to prepare an SPCC
Plan in accordance with the current SPCC rule
requirements, including having the Plan
certified by a PE.
Can a self-certified SPCC Plan include
environmentally equivalent measures
or impracticability determinations?
Yes. However, an owner/operator that self-
certifies an SPCC Plan may not include
alternative methods that provide environmental
equivalence in the Plan unless each alternate
method has been reviewed and certified by a
PE. Similarly, an owner/operator who self-
certifies an SPCC Plan may not include any
determinations that secondary containment is
impracticable unless the determination and
alternative Plan provisions are reviewed and
certified by a PE.
Can technical amendments be self-
certified?
Yes. Qualified facilities may self-certify
technical amendments to elements of the Plan
that are allowed to be self-certified in the first
instance. Technical amendments to
environmentally equivalent measures or that
involve impracticability determinations must be
certified by a PE.
What integrity testing requirements
apply to qualified facilities?
The rule requires owners/operators of qualified
facilities to test and inspect each aboveground
container for integrity on a regular schedule and
whenever material repairs are made. Where
there are applicable industry standards, it
allows qualified facilities the flexibility to
determine, in accordance with industry
standards, the appropriate qualifications for
personnel performing tests and inspections, as
well as the frequency and type of testing and
inspections that take into account container
size, configuration, and design.
What security requirements apply to
qualified facilities?
Instead of complying with the current security
provisions, qualified facilities may describe how
the facility controls access to certain areas and
secures equipment to prevent acts of vandalism
and assist in the discovery of oil discharges.
Can qualified facilities also use the
alternative requirements for oil-filled
operational equipment?
Yes. Facilities that meet the criteria for qualified
facilities and qualified oil-filled operational
equipment may benefit from both alternative
approaches. Since an impracticability
determination is not necessary for qualified oil-
filled operational equipment, the owner or
operator can self-certify his/her SPCC Plan and
is not required to have a PE develop the
alternative measures in lieu of secondary
containment for qualified oil-filled operational
equipment.
SPCC Rule Amendment 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 Amendment Fact Sheet
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