Environmental Insights

The U.S. Environmental Protection Agency (EPA) says oil spills endanger public health, impact drinking water, devastate natural resources, and disrupt the economy. To address these risks, the agency published the Spill Prevention, Control, and Countermeasure (SPCC) rule in 1973 to prevent oil discharges into navigable waters or adjoining shorelines and to contain those discharges if they occur.

You can find the rule in the Code of Federal Regulations at 40 CFR 112 Subparts A to C and related appendices. It’s part of EPA’s Oil Pollution Prevention standard and authorized by the Clean Water Act. See section 311(j)(1)(C) of the Act, codified at 33 U.S.C. 1321(j)(1)(C).

What types of oil are covered?

The term oil means oil of any kind or in any form, including, but not limited to:

The U.S. Coast Guard (USCG) has published a “List of Petroleum and Non-petroleum Oils.” (Find it at tinyurl.com/mvsavcr8.) You may use the list as a guide when determining if a particular substance is an oil. However, for purposes of SPCC, the USCG list is not comprehensive and does not include all oils that are subject to Part 112.

What facilities are covered by the SPCC Rule?

You don’t have to be in the oil industry to fall under the SPCC rule. The rule applies in a variety of industries, such as the oil/gas extraction and refining, mining, agriculture, utilities, construction, manufacturing, wholesale trade, retail, transportation, pipeline, warehousing, education, healthcare, recreation, accommodation, food service, and other service sectors.

Specifically, Part 112 covers your facility if it:

• Is a non-transportation-related facility;
• Stores, transfers, uses, or consumes oil or oil products, such as diesel fuel, gasoline, lube oil, hydraulic oil, adjuvant oil, crop oil, vegetable oil, and animal fat;
• Could reasonably be expected to discharge oil in quantities that may be harmful into or upon navigable waters of the U.S., adjoining shorelines, or other waters listed at 112.1; and
• Has an aggregate of:
  • Aboveground oil storage capacity greater than 1,320 gallons (only count containers with 55 gallons or greater storage capacity); OR
  • Completely buried oil storage capacity greater than 42,000 gallons (do not count completely buried tanks subject to and compliant with EPA/state underground storage tank requirements at 40 CFR 280 or 281).
    

Be sure to review the exemptions listed at 40 CFR 112.1(d). 

What factors affect SPCC applicability?

Your facility would be covered only if it could “reasonably be expected to discharge oil in quantities that may be harmful.” A discharge amount is a harmful quantity if it:

• Causes a sheen or discoloration on the surface of the water or adjoining shorelines,
• Causes a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines, or
• Violates applicable water quality standards.

When determining applicability and the expectation to discharge, you must also consider the geographical and locational aspects of the facility, such as:

• The location of the facility in relation to a stream, ditch, gully, or storm sewer;
• The distance to navigable waters;
• The volume of material likely to be spilled;
• Worst-case weather conditions;
• Drainage patterns and land contours; and
• Soil conditions.

Other factors to consider include:

• Past discharges of oil from your facility or a neighboring facility;
• Onsite conduits to navigable waters such as sewers, groundwater pathways, or precipitation runoff; and
• The quantity and nature of the oil stored.

What’s required for SPCC compliance?

If your facility meets the applicability criteria, it must comply with the SPCC rule by:

• Developing and implementing a written SPCC plan using good engineering practices; and
• Preventing oil spills such as by
  • Using suitable containers,
  • Employing overfill prevention,
  • Providing secondary containment,
  • Periodically inspecting and testing pipes and containers, and
  • Training oil-handling personnel; and
• Reporting oil discharges to EPA in writing within 60 days (and sending a copy to your state) if the discharges exceed the reportable amounts listed at 112.4 and reach navigable waters or adjoining shorelines.

What’s required in a written SPCC plan?

Preparation of the SPCC plan is the responsibility of your facility owner or operator. A facility that meets the eligibility criteria for a qualified facility may self-certify the plan. If your facility does not meet the eligibility criteria, the plan must be certified by a licensed professional engineer (PE).

Key SPCC plan elements include:

What’s the key to remember about the SPCC Rule?

The SPCC rule at 40 CFR 112 is designed to protect the public and the environment from potential harmful effects of oil discharges. If covered by the rule, your facility must develop and implement an SPCC plan, take preventive steps, and report qualifying discharges. Depending on your facility’s eligibility status, your plan may need to be certified by a licensed PE.