Compiled by: Tony Rieck
T.R. Consulting, Inc.
For a list of archived articles go to www.trconsultinggroup.com/safety/archive.html
40 CFR Part 112 Oil Pollution Prevention Regulations – Spill Prevention, Control and Countermeasures (SPCC)
revised July 17, 2002
Oil products are not limited to petroleum products and include vegetable, mineral and animal oils as well as grease and oil from nuts, etc.
General Applicability: These regulations apply to any owner or operator of a non-transportation-related onshore or offshore facility engaged in drilling, producing, storing, processing, refining, transferring, distributing, using or consuming oil products if the facility could cause a discharge of oil in a harmful quantity to Navigable Waterways.
Navigable Waterways is defined to include: all waters that have been, are or could be in the future used for interstate or foreign commerce; all waters subject to the ebb and flow of the tide; all interstate waters and wetlands; all other waters such as intrastate lakes, rivers, streams, intermittent streams, mudflats, prairie potholes, wet meadows, sandflats, wetlands, sloughs, playa lakes, natural ponds that could affect interstate or foreign commerce; etc.; etc.; etc.
Interstate or foreign commerce would include current or potential for future use in recreation, fishing, harvesting shellfish, industrial purposes or other purposes.
Applies to: A) Aboveground containers
B) Completely buried tanks
C) Containers used for temporary, seasonal or standby purposes
D) Bunkered (partially buried) tanks
Non-Applicable to: A) USTs (underground storage tanks) regulated under either 40 CFR part 280 or under State programs approved in accordance with 40 CFR part 281
B) UST sites with system capacity less than or equal to 42,000 gallons and the aboveground storage aggregate capacity of all tanks is less than or equal to 1320 gallons
C) Containers of less than 55 gallons do not count toward aggregate capacity
D) Permanently closed containers
E) Equipment and operations regulated under DOT (Dept. of Transportation)
F) Offshore facilities regulated by the Minerals Management Service
G) Parts of facilities used solely for waste water treatment (recovery, recycling and production operations are not considered a part of waste water treatment).
Applicability Note: USTs that are excluded from inclusion due to their regulation under 40 CFR part 280 or under State programs approved in accordance with 40 CFR part 281 must still appear on site maps for facilities otherwise subject to the requirements of this regulation.
For those facilities that are regulated under this regulation, a compliant SPCC plan must be implemented in accordance with the following schedule:
SPCC Plans must be reviewed and certified by a licensed Professional Engineer.
Plans must be maintained on site and available for review during normal working hours.
SPCC plans must be reviewed at least once every 5 years and amended within 6 months of review. Changes in facility design, operation or maintenance, or construction at a facility require an SPCC plan review.
A release is reportable under this regulation whenever any one spill is greater than 1000 gallons or any two spills greater than 42 gallons occur within any 12 month period.
Some Highlighted Revisions within the Rule: