oEPA COMPLIANCE ADVISORY
EPA Document # 305-F-20-003
OFFICE OF ENFORCEMENT
AND COMPLIANCE ASSURANCE
October 2020
Compliance Concerns Associated with
Increasing Oil Storage
>	Reduced demand and falling oil prices have led to a surplus in oil inventories resulting in owners/operators
considering options for either expanding existing oil storage capacity or establishing new oil storage facilities.
>	EPA recommends that facility owners or operators increasing existing storage capacity and/or creating new oil
storage facilities should ensure the oil is stored in accordance with applicable federal Spill Prevention, Control and
Countermeasure (SPCC) and Facility Response Plan (FRP) requirements.
>	This advisory is designed to help owners and operators of new and existing oil storage facilities achieve and
maintain compliance by better understanding federal regulatory requirements that may apply to their site. The
assistance provided here focuses on Clean Water Act requirements, but other environmental regulatory
requirements may also apply.
Regulation of Oil Storage at Facilities
Oil discharges (spills) have the potential to endanger public health,
devastate natural resources, and disrupt our economy. Environmental
impacts from oil spills are well documented and include impacts to
public drinking water supplies, harm to aquatic plant and animal life and
habitat, and damage to our shorelines, fishing grounds, and recreational
areas and beaches. Additionally, oil spills can result in human health
effects from exposure to the carcinogenic chemicals in certain oils.
The Federal Water Pollution Control Act (FWPCA) of 1972, as
amended, commonly known as the Clean Water Act (CWA), is the
principal federal statute for protecting navigable waters and adjoining
shorelines from pollution (see FWPCA 33 U.S.C. § 1321(b)(3) for full
CWA jurisdictional statement); see also https://www.epa.gov/nwpr.
EPA's oil spill prevention and response program was created under
authorities in Section 311 of the CWA and is summarized briefly below.
What requirements apply to oil storage?
Spill Prevention, Control, and Countermeasure (SPCC) Plans
Expanding oil storage capacity may
require actions to comply with applicable
environmental rules.
Section 311 of the CWA and EPA regulations at 40 C.F.R. Part 112 require certain facilities that could reasonably be
expected to discharge oil in quantities that may be harmful into navigable waters of the United States or adjoining
shorelines to develop and implement SPCC Plans.
The rule requires that SPCC Plans describe 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. The requirements to develop, implement, and revise
the SPCC Plan assist owners and operators in preventing, preparing
for, and responding to oil spills that threaten navigable waters and
adjoining shorelines.
The SPCC rule is generally applicable to a facility if it has an
aggregate aboveground oil storage capacity greater than 1,320 U.S.
gallons or a completely buried storage capacity greater than 42,000
U.S. gallons, and there is a reasonable expectation of an oil discharge
into or upon navigable waters of the U.S. or adjoining shorelines. To
determine if the SPCC rule applies to your facility, visit EPA s SPCC
Applicability website.
How is oil defined?
EPA regulations define oil as "oil of any kind
or in any form, including, but not limited to:
fats, oils, or greases of animal, fish, or
marine mammal origin; vegetable oils,
including oils from seeds, nuts, fruits, or
kernels; and, other oils and greases,
including petroleum, fuel oil, sludge, synthetic
oils, mineral oils, oil refuse, or oil mixed with
wastes other than dredged spoil."
(see 40 C.F.R. Part 112.2)
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Facility Response Plans (FRPs)
The FRP Rule defines who must prepare and submit an FRP
and what must be included in the Plan. See Subpart D of
40 C.F.R. Part 112.20 (and related appendices).
The FRP rule applies to a subset of SPCC facilities, which
are generally those that:
>	Have 42,000 gallons or more of oil storage capacity
and transfer oil over water to or from vessels; or
>	Have 1,000,000 gallons or more of oil storage capacity
and either lack sufficient secondary containment, are
located at a distance such that a discharge from the
facility could cause injury to fish and wildlife and
sensitive environments or shut down a public water
intake, or have experienced a reportable oil spill in an
amount greater than or equal to 10,000 gallons within
the last 5 years.
Additional information on SPCC plans and FRPs is available at EPA's Oil Spills Prevention and Preparedness website.
What are the specific compliance concerns associated with oil storage?
Specific SPCC and FRP compliance concerns under 40 C.F.R. Part 112 include:
>	Existing facilities expanding oil storage capacity by initiating activities, including but not limited to, adding oil
storage containers, storing oil in railcars onsite, bringing Permanently Closed oil containers back into service, or
modifying existing oil containers to change the container's oil storage capacity:
o Facilities must amend their SPCC plans and, if applicable, their FRPs to address the technical changes
associated with the expanded storage capacity,
o Storing oil in railcars onsite may require a facility to amend the facility SPCC plan and, if applicable, also
amend their FRP.
o Recommissioning an oil storage container that is currently "Permanently closed" is typically considered a
technical change and requires a technical amendment to the SPCC plan which must be reviewed and
certified by a Professional Engineer (PE).
o Alterations to an oil storage container which change the container's capacity are typically considered a
technical change and may require a technical amendment to the SPCC plan that generally must be
reviewed and certified by a PE.
o Typically, the technical changes described above, resulting in a PE certified technical amendment of the
plan, must be conducted in accordance with the requirements of 40 C.F.R. Part 112.5 (Amendment of
Spill Prevention, Control, and Countermeasure Plan by owners or operators). Certain smaller facilities
with a capacity of 10,000 U.S. gallons or less and meeting the other requirements for SPCC plan self-
certification may not be required to have PE certifications of technical amendments.
>	New facilities establishing oil storage capacity:
o New oil storage facilities meeting the SPCC rule's applicability provisions must prepare and implement a
SPCC plan before operations begin in accordance with the requirements of 40 C.F.R. Part 112.3.
o If applicable, facilities must develop and submit an FRP to EPA.
o An SPCC plan and, if applicable, an FRP may be required where a new facility is either putting new oil
storage containers into service or establishing railcar oil storage areas where oil will be stored in railcars.
Industrial Stormwater Requirements
Certain facilities that store oil and have stormwater
discharges associated with industrial activity may need
National Pollutant Discharge Elimination System
(NPDES) permit coverage. The facilities required to
have NPDES permit coverage for industrial stormwater
discharges are based on the facility's Standard
Industrial Classification (SIC) code. EPA has
authorized most states to administer the NPDES
stormwater permitting program, and specific permit
requirements may vary by permitting authority.
Construction of new oil storage facilities that disturbs
more than one acre of land may require a construction
stormwater permit.
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What is EPA doing to protect the
environment at oil storage facilities?
EPA uses a variety of tools and strategies to return facilities to
compliance and ensure facilities remain in compliance. These
include:
>	Coordinating with our stakeholders and our Federal,
State, Tribal and local partners.
>	Offering compliance assistance for all facilities,
including those whose practices may have been
impacted by the coronavirus pandemic. Contact the
Call Center at 800-424-9346 or 703-348-5070 for
information on the EPCRA, SPCC and FRP rules.
>	Conducting on-site and off-site compliance monitoring
>	Investigating oil discharge reports where there is a
potential threat to navigable waters and adjoining
shorelines.
>	Initiating enforcement actions when appropriate to
ensure compliance with applicable rules.
EPA's Audit Policy
Regulated entities of any size who voluntarily discover,
promptly disclose, expeditiously correct and take steps to
prevent recurrence of potential violations may be eligible for
a reduction or elimination of any civil penalties that
otherwise might apply. Most violations can be disclosed and
processed via EPA's automated online "eDisclosure" system
(see https://www.epa.gov/compliance/epas-edisclosure'). To
learn more about the EPA's violation disclosure policies,
including conditions for eligibility, please review EPA's Audit
Policy website at https://www.epa.gov/compliance/epas-
audit-policv. Many states also offer incentives for self-
policing; please check with the appropriate state agency for
more information.
More Information
>	EPA's EPCRA. RMP & Oil Information Center (also referred to as "the Call Center") provides information on the
regulatory requirements for EPA's SPCC Rule and FRP Rule as well as other EPA rules. The Call Center can be
reached at 800-424-9346 or 703-348-5070.
>	EPA Oil Spill Prevention Contacts
>	Oil Spills Prevention and Preparedness Regulations Website
>	Basics of SPCC Brief Guide for Facilities
>	The National Response Center (NRQ at 1-800-424-8802
>	Oil Reporting Fact Sheet
>	USEPA National Response System
>	Permitting under the Clean Air Act
>	Environmental Compliance Information for Energy Extraction (ECIEE) Portal
Disclaimer
This Compliance Advisory addresses select provisions of EPA regulatory requirements with a focus on the Clean
Water Act using plain language. Nothing in this Compliance Advisory replaces or revises any EPA regulatory
provision or any other Part of the Code of Federal Regulations, the Federal Register, Clean Air Act, or the Clean
Water Act.
Emergency Planning and Community
Right-to-Know Act (EPCRA)
requirements
The Emergency Planning and Community Right-to-
Know Act (EPCRA') of 1986 was created to help
communities plan for chemical emergencies. It also
requires industry to report on the storage, use and
releases of hazardous substances to federal, state,
tribal and local governments.
Facility owners or operators considering either an
increase in existing oil storage capacity and/or
creation of new oil storage facilities may be subject
to the EPCRA requirements. Hazardous chemicals,
which include crude oil and refined oil products,
typically are subject to EPCRA Sections 311 and
312. Oil storage facility owners and operators may
also be subject to other provisions of EPCRA. An
overview of these provisions can be found in the
EPCRA fact sheet.
Additionally, rail yards that store hazardous
chemicals (including crude oil and refined oil
products) may also be subject to the EPCRA
requirements. Hazardous chemicals present at rail
yards are subject to EPCRA Sections 311 and 312,
if they are not stored incident to transportation and
they are present at the rail yard in amounts equal to
or in excess of the minimum thresholds in 40 C.F.R.
§ 370.10(a). See FAQs for additional information.
For additional information on the reporting
requirements and other information, visit the
EPCRA homepage.
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