Final Action to Amend the Spill Prevention, Control, and Countermeasure (SPCC) Rule
In December 2006, EPA Administrator Stephen L. Johnson signed a final rule to amend the Spill Prevention, Control, and Countermeasure (SPCC) rule at 40 CFR part 112. Proposed in December 2005, the final rule amendments streamline the requirements for the owners/operators of qualified facilities with aboveground oil storage capacities of 10,000 gallons or less and certain containers and equipment regulated under the rule.
Federal Register Notice: Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure Plan Requirements – Amendments; Final Rule (PDF)
This final rule is effective February 26, 2007.
Please Note: Based on questions we have received regarding the text in the Summary of December 2006 SPCC Rule Amendments below, we have added clarifying language, noted in bold text:
- Remove SPCC requirements for animal fats and vegetable oils for certain types of facilities.
Factsheet on Animal Fats and Vegetable Oils
Please Note: A factsheet is now available explaining changes in the regulation of Animal Fats and Vegetable Oils under the SPCC rule.
Spill Prevention, Control, and Countermeasure (SPCC) Rule Amendment: Animal Fats and Vegetable Oils Factsheet | PDF Version (1 p., 34K, About PDF)
Summary of December 2006 SPCC Rule Amendments
-
Qualified Facilities
Qualified Oil-Filled Operational Equipment
Motive Power Containers
Mobile Refuelers
Animal Fats and Vegetable Oils
Extension of Compliance Dates
Fact Sheets
EPA Powerpoint Presentation on New SPCC Rule Amendments (45 pp, 460K, PPT)
Amended SPCC Requirements Finalized in December 2006| PDF Version (2 pp, 50K, About PDF)
Option for Qualified Facilities| PDF Version (2 pp, 40K, About PDF)
Option for Qualified Oil-Filled Operational Equipment | PDF Version (2 pp, 43K, About PDF)
Streamlined Requirements for Mobile Refuelers | PDF Version (2 pp, 36K, About PDF)
Oil Discharge Reporting Requirements: How to Report to the National Response Center and EPA | PDF Version (2 pp, 44K, About PDF)
Information for Farms | PDF Version (2 pp, 53K, About PDF)
Animal Fats and Vegetable Oils | PDF Version (1 pg, 34K, About PDF)
Summary of December 2006 SPCC Rule Amendments
EPA is amending the SPCC Plan requirements of the Oil Pollution Prevention regulation at 40 CFR part 112 to streamline the regulatory requirements for a subset of facilities. These amendments:
- Provide the option to self-certify SPCC Plans in lieu of review and certification by a Professional Engineer for facilities that have an aboveground oil storage capacity of 10,000 gallons or less and meet other qualifying criteria.
- Provide an alternative to the general secondary containment requirement without requiring a determination of impracticability for qualified oil-filled operational equipment.
- Define and exempt particular vehicle fuel tanks and other on-board bulk oil storage containers (called motive power containers).
- Exempt mobile refuelers from the sized secondary containment requirements for bulk storage containers.
- Remove SPCC requirements for animal fats and vegetable oils for certain types of facilities.
- Extend the SPCC compliance dates for farms.
Qualified Facilities
The rule provides an option to allow the owners or operators of facilities with an aboveground oil storage capacity of 10,000 gallons or less, and meet other qualifying criteria, to self-certify their SPCC Plans in lieu of review and certification by a Professional Engineer (PE).
If a facility... | And the facility... | Then an owner/operator of a facility... |
---|---|---|
Has 10,000 gallons or less in aggregate aboveground oil storage capacity | Meets the oil discharge history criteria* |
|
*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 Title 40, Part 112 of the Code of Federal Regulations (CFR) if facility has been in operation for less than three years.
Qualified Oil-Filled Operational Equipment
The revised rule provides an alternative to the general secondary containment requirements for qualified oil-filled operational equipment when a facility meets a single spill history qualifying criterion.
If a facility... | And the equipment... | Then an owner/operator of a facility... |
---|---|---|
Has oil-filled operational equipment | Meets the oil discharge history criteria* |
|
*Equipment is eligible if the facility did not discharge from any oil-filled equipment (1) more than 1,000 U.S. gallons of oil in a single discharge to navigable waters 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 Title 40, Part 112 of the Code of Federal Regulations (CFR) if the facility has been in operation 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.
Motive Power Containers
EPA exempted motive power containers from the SPCC regulations. A motive power container is any onboard bulk storage container used primarily to power the movement of a motor vehicle, or ancillary onboard oil-filled operational equipment. Examples of motive power containers include trucks, automobiles, bulldozers, aircraft, cherry pickers, self-propelled cranes, self-propelled heavy vehicles, and locomotives.
The definition of motive power container does not include:
- Oil drilling or workover equipment, including rigs.
- An onboard bulk storage container which is used to store or transfer oil for further distribution.
Mobile Refuelers
EPA exempted mobile refuelers from the sized secondary containment requirements for bulk storage containers. A mobile refueler is a bulk storage container onboard a vehicle or towed, that is designed or used solely to store and transport fuel for transfer into or from an aircraft, motor vehicle, locomotive, vessel, ground service equipment, or other oil storage container. Mobile refuelers remain subject to the general secondary containment requirements of the rule (40 CFR part 112.7(c)).
Animal Fats and Vegetable Oils
EPA removed the following sections from Subpart C of the SPCC rule because they do not apply to facilities that handle, store, or transport animal fats and vegetable oils:
Section 112.13, Requirements for onshore oil production facilities
Section 112.14, Requirements for onshore oil drilling and workover facilities
Section 112.15, Requirements for offshore oil drilling, production, or workover facilities
Extension of Compliance Dates
What are the compliance dates for facilities other than farms?
A facility (other than a farm) starting operation... | Must... |
---|---|
On or before August 16, 2002 |
Maintain its existing Plan |
After August 16, 2002 through July 1, 2009 |
Amend and implement the Plan no later than July 1, 2009 |
After July 1, 2009 |
Prepare and implement a Plan before beginning operations |
What are the compliance dates for farms?
EPA extended the compliance dates for preparing or amending, and implementing SPCC Plans for farms until the Agency promulgates a rule specifically addressing how farms should be regulated under the SPCC rule. In the rule, EPA defines a farm as “a facility on a tract of land devoted to the production of crops or raising of animals, including fish, which produced and sold, or normally would have produced and sold, $1,000 or more of agricultural products during a year.”
A Farm starting operation… | Must... |
---|---|
On or before August 16, 2002 |
Maintain its existing Plan. |
After August 16, 2002 |
Prepare and implement a Plan when EPA promulgates a rule specific for farms and specifies a compliance date for farms. |
What industry sectors are potentially impacted by these amendments?
Industry Sector | NAICS Code |
---|---|
Oil Production | 211111 |
Farms | 111, 112 |
Electric Utility Plants | 2211 |
Petroleum Refining and Related Industries | 324 |
Chemical Manufacturing | 325 |
Food Manufacturing | 311, 312 |
Manufacturing Facilities Using and Storing Animal Fats and Vegetable Oils (AFVO) | 311, 325 |
Metal Manufacturing | 331, 332 |
Other Manufacturing | 31-33 |
Real Estate Rental and Leasing | 531-533 |
Retail Trade | 441-446, 448, 451-454 |
Contract Construction | 23 |
Wholesale Trade | 42 |
Other Commercial | 492, 541, 551, 561-562 |
Transportation | 481-488 |
Arts, Entertainment & Recreation | 711-713 |
Other Services (Except Public Administration) | 811-813 |
Petroleum Bulk Stations and Terminals | 4247 |
Education | 61 |
Hospitals & Other Health Care | 621, 622 |
Accommodation and Food Service | 721, 722 |
Fuel Oil Dealers | 45431 |
Gasoline Stations | 4471 |
Information Finance and Insurance | 51, 52 |
Mining | 212 |
Warehousing and Storage | 493 |
Religious Organizations | 813110 |
Military Installations | 928110 |
Pipelines | 4861, 48691 |
Government | 92 |
The list of potentially affected entities in the above table may not be exhaustive. The Agency's aim is to provide a guide for readers regarding those entities that potentially could be affected by this action. However, this action may affect other entities not listed in this table. If you have questions regarding the applicability of this action to a particular entity, consult the For More Information section of this page.
For More Information about the Final Rule
For general information, contact the Superfund, TRI, EPCRA, RMP & Oil Information Center at 800-424-9346 or TDD 800-553-7672 (hearing impaired). In the Washington, D.C., metropolitan area, call 703-412-9810 or TDD 703-412-3323.
If the Information Center cannot answer your specific question about the rule, they will forward your question to an EPA staff member who has more detailed information on specific aspects of the rule. EPA staff working on this rule are Vanessa E. Rodriguez (rodriguez.vanessa@epa.gov) at 202-564-7913, or Mark W. Howard (howard.markw@epa.gov) at 202-564-1964, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW, Washington, D.C., 20460-0002, Mail Code 5104A.