Spill Prevention Control and Countermeasure (SPCC) Plan
Qualified Facilities Applicability
This document explains whether the SPCC rule applies to your
facility; how to certify your SPCC Plan (or Plans); how to determine if you
are eligible to develop a simplified Plan for your facility using a template;
and summarizes the spill prevention measures to include in your Plan.
STEP 1: Is my facility subject to the SPCC rule?
Follow the questions in the flowchart to determine if you must develop an
SPCC Plan:
Is the facility or part of the facility considered non-transportation-
related?
A facility that stores, processes, refines, uses or consumes oil is non-
transportation-related and potentially subject to the SPCC rule. Operations
that are intended to move oil from one facility to another, i.e.,
transportation-related, are not included.
SPCC Rule Applicability Flowchart
[ Is the facility or part of the facility (e.g., complex) considered non- ] Mn
I transportation-related?
YES
t
}
f Is the facility engaged in drilling, producing, gathering, storing, |
I processing, refining, transferring, distributing, using, or consuming oil? I
YES
t
| Could the facility reasonably be expected to discharge oil in quantities j
I that may be harmful into navigable waters or adjoining shorelines? I
Yl
Is the total aggregate capacity of
aboveground storage greater than
1,320 U.S. gallons of oil?
(Do not include the capacities of:
- less than 55-gallon containers,
- permanently closed containers,
- motive power containers, 0
- hot-mix asphalt and hot-mix
asphalt containers,
- single-family residence heating
oil containers
- pesticide application equipment
and related mix containers, or
- containers used exclusively for
treating wastewater)
V J
:s
Is the total aggregate capacity of
completely buried storage greater than
42,000 U.S. gallons of oil?
(Do not include the capacities of:
- completely buried tanks and connected
underground piping, ancillary equipment,
and containment systems subject to all of
the technical requirements of 40 CFR part
R 280 or 281,
- nuclear power generation facility
underground emergency diesel generator
tanks deferred under 40 CFR part 280 and
licensed by and subject to any design and
quality criteria of the Nuclear Regulatory
Commission,
- permanently closed containers, or
- containers used exclusively for treating
wastewater)
^
The facility is
subject to
SPCC Rule
The facility js
not subject
to SPCC Rule
— NO —
J
If the SPCC rule applies to your
facility or farm, you must develop
and implement an SPCC Plan.
The Plan describes oil handling
operations, spill prevention
practices, discharge or drainage
controls, and the personnel,
equipment and resources at the
facility that are used to prevent oil
spills from reaching navigable
waters or adjoining shorelines.
Every SPCC Plan must be prepared
in accordance with good
engineering practices and certified
by a Professional Engineer (PE)
unless you are able to, and choose
to, self-certify the Plan.
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SPCC Qualified Facilities Applicability
Examples of non-transportation-related facilities include:
• Onshore and offshore oil well drilling facilities;
• Onshore and offshore oil production facilities (including separators
and storage facilities);
• Oil refining or storage facilities;
• Industrial, commercial, agricultural, or public facilities using or
storing oil (e.g., farms); and
• Certain waste treatment facilities.
If your facility is non-transportation-related then proceed to the next
question. Otherwise, you are not subject to the SPCC rule.
Is the facility engaged in drilling, producing, gathering, storing,
processing, refining, transferring, distributing, using, or consuming
oil?
If your facility operations include any of the above activities then proceed
to the next question. Otherwise, you are not subject to the SPCC rule.
Could the facility reasonably be expected to discharge oil in
quantities that may be harmful into navigable waters or adjoining
shorelines?
You can determine this by considering the geography and location of your
facility relative to nearby navigable waters (such as streams, creeks and
other waterways). Additionally, you should determine if ditches, gullies,
storm sewers or other drainage systems might transport an oil spill to
nearby streams. Estimate the volume of oil that could be spilled in an
incident and how that oil might drain or flow from your facility and the soil
conditions or geographic features that might affect the flow toward
waterways. Also you may want to consider whether precipitation runoff
could transport oil into navigable waters or adjoining shorelines. You may
not take into account manmade features, such as dikes, equipment, or
other structures that might prevent, contain, hinder, or restrain the flow of
oil. Assume these manmade features are not present when making your
determination.
If you determine that a spill from your facility can reasonably be expected
to flow to a navigable water then proceed to the next question. Otherwise,
you are not subject to the SPCC rule.
Is the total aggregate aboveground oil storage capacity greater than
1,320 gallons of oil; or is the total aggregate capacity of completely
buried storage tanks greater than 42,000 gallons of oil?
Add up the container oil storage capacities and compare your total facility
capacity to the SPCC threshold:
• A total aboveground oil storage capacity greater than 1,320 gallons; or
• A completely buried oil storage capacity greater than 42,000 gallons.
When you begin to add up the capacity of your containers, use the shell
capacity of the container (maximum volume) and not the actual amount of
product stored in the container (operational volume) to determine whether
the SPCC rule applies to you. Count only containers with storage capacity
equal to or greater than 55 gallons.
What types of oil are covered?
Oil of any type and in any form is
covered, including, but not limited
to: petroleum; fuel oil; sludge; oil
refuse; oil mixed with wastes other
than dredged spoil; fats, oils or
greases of animal, fish, or marine
mammal origin; vegetable oils,
including oil from seeds, nuts,
fruits, or kernels; and other oils
and greases, including synthetic
oils and mineral oils.
What is a "harmful quantity"
of discharged oil?
As described in 40 CFR part 110, a
harmful quantity is typically one
that causes a film or sheen on the
water's surface but it includes any
quantity of discharged oil that
violates state water quality
standards, or leaves sludge or
emulsion beneath the surface.
How do I report an oil spill?
You must immediately report oil
spills to navigable waters or
adjoining shorelines to the
National Response Center (NRC)
at 1-800-424-8802 or 1-202-
426-2675.
If you are required to have an SPCC
Plan and the amount of oil spilled
to water is more than 1,000gallons
or more than 42 gallons on two
different occasions within a 12-
month period, thenyou must also
notify your EPA Regional office in
writing.
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SPCC Qualified Facilities Applicability
Examples of containers that count toward the overall facility oil storage
capacity include:
Bulk storage containers: Aboveground storage tanks partially buried
tanks; tanks in vaults; bunkered tanks; and mobile or portable containers
such as drums, totes, non-transportation-related tank trucks, mobile
refuelers; and certain completely buried tanks (also sometimes referred to
as underground storage tanks).
Oil-filled equipment: May include electrical or operating equipment such
as hydraulic systems, lubricating systems (e.g., those for pumps such as
irrigation pumps; compressors and other rotating equipment), gear boxes,
machining coolant systems, heat transfer systems, transformers, circuit
breakers, and electrical switches; or manufacturing equipment such as
process vessels, or other equipment used in the alteration, processing or
refining of petroleum oil and other non-petroleum oils, including animal fats
and vegetable oils.
Some oil containers are exempt1 from the SPCC rule and the capacities of
these containers do not count toward the overall facility storage capacity.
For example, do not count the capacities of:
• Storage containers with a capacity less than 55 gallons;
• Permanently closed containers (this includes new containers that
have not been used yet to store oil);
• Motive power containers (includes gasoline tanks or hydraulic
equipment associated with cars, trucks or heavy equipment);
• Hot-mix asphalt or any hot-mix asphalt container;
• Containers of heating oil used solely at a single-family residence;
• Pesticide application equipment and related mix containers; and
• Underground storage tanks systems subject to all the technical
requirements of 40 CFR 280 or 281
If the total capacity of your aboveground containers is over 1,320 gallons
or the total capacity of your completely buried tanks is over 42,000 gallons,
then your facility is subject to the SPCC rule and you must develop a Plan.
STEP 2: Do I have a Qualified Facility?
The rule provides simplified spill prevention requirements for qualified
facilities. The owner or operator of a qualified facility can self-certify the
facility's SPCC Plan. There are two types of qualified facilities. To
determine if your facility is a qualified facility and what type it is, you'll need
the following information:
• The total capacity of aboveground oil storage containers at the
facility and
• Information on oil spills from the facility for the past three years.
How do I define my facility?
The boundary of a "facility"
depends on site-specific
circumstances. Some factors to
consider when determining the
boundaries of your facility may
include, but are not limited to:
• Ownership, management, and
operation of the buildings,
structures, equipment,
installations, pipes, or pipelines
on the site;
• Similarity in functions,
operational characteristics, and
types of activities occurring at
the site;
• Adjacency; or
• Shared drainage pathways (e.g.,
same receiving water bodies).
Adjacent or non-adjacent parcels,
either leased or owned, may be
considered separate facilities for
SPCC purposes. Containers on
separate parcels (that a facility
owner or operator identifies as
separate facilities based on how
they are operated) do not need to
be added together in determining
whether the applicability threshold
is met.
When should I prepare and
implement an SPCC Plan?
Facilities in operation on or before
August 16,2002, must maintain
and amend their existing Plan by
November 10,2011.
Any facility that started operation
after August 16, 2002, but before
November 10,2011, must prepare
and implement a Plan on or before
November 10,2011.
If your facility was in operation
before August 16, 2002, and you do
not already have a Plan, you must
prepare a Plan now. Do not wait
until November 10, 2011.
1 For a full list of exemptions from the SPCC rule, see 40 CFR part 112.1.
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SPCC Qualified Facilities Applicability
Follow the table to determine if you can self-certify your SPCC Plan:
Qualified Facility Applicability
If the facility total aboveground oil storage capacity is 10,000 gallons or less ...
And...
And the facility has...
Then the facility is a:
Within three years prior to the Plan
certification date, or since becoming subject
to the SPCC rule if in operation for less than
three years, the facility has not had:
• A single discharge of oil to navigable
waters or adjoining shorelines
exceeding 1,000 gallons, or
• Two discharges of oil to navigable
waters or adjoining shorelines each
exceeding 42 gallons within any 12-
month period.
No individual
aboveground oil
containers greater
than 5,000 gallons;
Tier I Qualified Facility:
Complete and self-certify Plan
template (Appendix G to 40 CFR part
112) in lieu of a full PE-certified Plan
or other self-certified SPCC Plan.
Any individual
aboveground oil
container greater than
5,000 gallons;
Tier II Qualified Facility:
Prepare a self-certified Plan in
accordance with all applicable
requirements of §112.7 and subparts
B or C of the rule, in lieu of a PE-
certified Plan.
Qualified Facilities
If your facility meets the criteria described in the table above, and each of your aboveground oil storage
containers has a capacity of 5,000 gallons or less, then your facility is a Tier I Qualified Facility and you
can choose to complete and certify the SPCC Plan template found in Appendix G of the SPCC rule. A
copy of this template can be found on the SPCC page at www.epa.gov/oilspill.
If your facility is not eligible to use the template, you may still qualify to self-certify your SPCC Plan as a
Tier II Qualified Facility. The requirements for a Tier II Qualified Facility Plan are similar to a PE-
certified Plan (i.e., the Plan must follow the requirements of 40 CFR 112.7 and subparts B or C of the
rule; however, the owner or operator certifies the Plan).
An owner/operator that certifies a facility's SPCC Plan attests that he/she is familiar with the SPCC
requirements 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 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;
and
• Management approves the Plan and has committed resources to implement it.
Professional Engineer (PE) Certified SPCC Plans
If your facility does not qualify as either a Tier I or Tier II qualified facility, then you must follow the
requirements of 40 CFR 112.7 and subparts B or C of the rule, and have the SPCC Plan certified by a
PE.
A PE must also be involved when you deviate from any of the SPCC requirements (i.e., either by
providing environmentally equivalent alternatives or a contingency plan instead of secondary
containment). You can still self-certify the SPCC Plan, if your facility is a Tier I or II qualified facility but
the deviation must be certified by a PE.
Not including discharges that are the result of natural disasters, acts of war, or terrorism. When determining the applicability
of this SPCC reporting requirement, 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. EPA considers the entire volume of the
discharge to be oil for the purposes of these reporting requirements.
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SPCC Qualified Facilities Applicability
The facility owner or operator is responsible for preparation of the SPCC
Plan, but it must be certified by a PE who will confirm that:
• The PE is familiar with the requirements of the rule;
• The PE or his agent has visited and examined the facility;
• The SPCC Plan has been prepared in accordance with good
engineering practices, including consideration of applicable
industry standards, and with the requirements of the rule;
• Procedures for required inspections and testing have been
established; and
• The SPCC Plan is adequate for the facility.
STEP 3: How do I prepare and implement my SPCC Plan?
Once you determine that you need an SPCC Plan, and you know how to
certify it, then you need to know what to include in the Plan.
You'll need to include the following information in your SPCC Plan:
• A list of the oil containers at the facility including the contents and
location of each container;
• A brief description of the procedures that you will use to prevent oil
spills. For example, steps you use to transfer fuel from a storage
tank to a vehicle that reduce the possibility of a fuel spill;
• A brief description of the measures you installed to prevent oil from
reaching water;
• A brief description of the measures you will use to contain and
cleanup an oil spill; and
• A list of emergency contacts and first responders.
Include the following spill prevention measures in the SPCC Plan and
implement them at your facility:
• Use containers suitable for the oil stored. For example, use a
container designed for flammable liquids to store gasoline;
• Identify contractors or other local personnel who can help you
clean up an oil spill;
• Provide overfill prevention for your oil storage containers. You
could use a high-level alarm or audible vent;
• Provide effective, sized secondary containment for bulk storage
containers, such as a dike or a remote impoundment. The
containment must be able to hold the full capacity of the container
plus possible rainfall. The dike may be constructed of earth or
concrete. A double-walled tank may also suffice;
• Provide effective, general secondary containment to address the
most likely discharge where you transfer oil to and from containers
and for mobile refuelers, such as fuel nurse tanks mounted on
trucks or trailers. For example, you may use sorbent materials, drip
pans or curbing for these areas; and
• Periodically inspect and test pipes and containers. You should
visually inspect aboveground pipes and inspect aboveground
containers following industry standards. You must "leak test" buried
pipes when they are installed or repaired. Keep a written record of
your inspections.
How and when do I maintain
my SPCC Plan?
Amend and update your SPCC Plan
when changes are made to the
facility, for example, if you add new
storage containers (e.g. tanks) that
are 55 gallons or larger. You must
review your Plan every five years to
include any changes in oil storage
or spill prevention procedures or
equipment at your facility.
Do state engineering
requirements impact SPCC
Plan self-certiflcation?
Some states require a PE to
perform certain functions,
including certifying SPCC Plans.
Check with your state's engineer
licensing board to find out if it
prohibits SPCC Plan self-
certification. If so, you may not be
able to utilize the Tier I and Tier II
options to self-certify your Plan.
Will I always be eligible to
self-certify my SPCC Plan ?
If you increase the oil storage
capacity at your facility above the
10,000gallon threshold, thenyou
will lose your eligibility to self-
certify your SPCC Plan and must
have a PE certify the Plan within 6
months of the change.
However, you do not automatically
lose eligibility if you have an oil
spill to navigable waters or
adjoining shorelines after self-
certifying your SPCC Plan.3
Additional Resources
Spill Prevention, Control, and
Countermeasures (SPCC)
Regulation, 40 CFR part 112, A
Facility Owner/Operator's Guide to
Oil Pollution Prevention, EPA 540-
K-09-001 and the SPCC Guidance
for Regional Inspectors, EPA 550-
B-05-001 explain the applicability
criteria in the rule in more detail.
Following an oil spill(s) reported to EPA, the Regional Administrator may require that the
SPCC Plan be amended in accordance with §112.4(d) and require a PE certification.
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