To prevent the discharge of oil from non-transportation-related onshore and offshore facilities into navigable waters of the United States (or adjoining shorelines), the Environmental Protection Agency (EPA) requires that non-exempt facilities prepare spill prevention, control, and countermeasures (SPCC) plans. The applicable regulations and requirements are found in 40 CFR 112.
A Ready Spill Berm can help meet the SPCC and EPA Regulations. EPA – SPCC regulations on spill prevention, control, and countermeasure help keep the environment protected from oil spills and more. (A Ready Spill Containment Berm is an excellent way to protect our environment)
A Facility Owner/Operator’s Guide to Oil Pollution Prevention
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Under these regulations, the term oil includes any form including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil and oily mixtures. Animal and vegetable oils are also included.
The SPCC rule has streamlined requirements for “qualified facilities” — that is, facilities:
The owner or operator of a “qualified facility” can prepare and self-certify an SPCC Plan rather than have a Professional Engineer (PE) review and certify the Plan.
There are two types of qualified facilities, Tier I and II. To determine if you have a qualified facility, you need to:
|If the facility total aboveground oil storage capacity is 10,000 gallons or less…|
|And…||And the facility has…||Then the facility is a:|
In the three years before the SPCC Plan is certified, the facility has had no discharges to navigable waters or adjoining shorelines as described below:
|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.
Please note: This does not include 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. It is 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.
For more information, please see: Fact Sheet: Is My Facility a “Qualified Facility” under the SPCC Rule? This fact sheet:
If you have a Tier I Qualified Facility, copies of the SPCC Plan template and examples of completed Plan templates are available to assist you in developing your Plan.
Self-certification is an optional alternative to PE certification of the Plan. However, please note that some states do not allow self-certification. You should consult with your state to ensure that SPCC Plan certification is not limited to PEs. A list of State Professional Engineer (PE) licensing board contacts is available.
You can count on a Ready Spill Containment Berm to help keep you in compliance.
Some examples of non-transportation related facilities are: oil refining or storage facilities, waste treatment facilities, oil-well drilling facilities (on-shore and off-shore), loading racks or areas and industrial, commercial, agricultural, or public facilities that store, use, produce, gather, process or consume oil or oil products.
When calculating the oil storage capacity at a facility, the following must be taken into account: tanks, drums, containers, transformers, mobile/portable totes, oil-filled equipment, and pipelines and machinery lines that carry oil. When determining the oil storage capacity, you must use the maximum volume (capacity) not the actual amount of oil that is in the container at any particular time.
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When a professional engineer certifies the spill prevention, control and countermeasures plan, it attests that the engineer is familiar with the requirements of 40 CFR 112, the engineer (or agent) has examined the facility and the plan is acceptable for that facility, the SPCC plan was prepared using good engineering practice (accounting for applicable industry standards) and in accordance with the requirements of 40 CFR 112, and that procedures for inspections and testing have been established.
Not necessarily in some cases facilities may be required to prepare SPCC plans if materials on-site do not meet the definition of oils but there is potential to discharge into navigable waters of the United States. To determine if a facility needs to prepare a plan, contact your regional EPA office.