Background
The January 10, 1974 Federal Oil Pollution Prevention regulation in 40 CFR Part 112 was intended to prevent oil releases from reaching navigable waterways in the United States or its adjoining shorelines.

The US Environmental Protection Agency (EPA) has been charged with the responsibility of ensuring that all applicable facilities develop, maintain and implement Spill Prevention, Control and Countermeasure (SPCC) Plans. Unlike Oil Spill Contingency Plans that generally address spill cleanup measures in the aftermath of a release, SPCC Plans ensure that facilities put in place containment and other countermeasures that would prevent releases that could potentially reach navigable waters. Several states have developed their own SPCC programs that are more stringent than the EPA SPCC Rule (regulating more types of facilities, regulating liquids other than just oil, having different volume criteria, etc.).

Who is subject to the SPCC Rule?
The SPCC Rule applies to owners or operators of non-transportation-related facilities that:

• Drill, produce, store, process, refine, transfer, distribute, use, or consume oil or oil products; and
• Have aboveground oil storage capacity greater than 1,320 US gallons, or completely buried oil storage capacity greater than 42,000 US gallons; and
• Could reasonably be expected to discharge oil to US navigable waters or adjoining shorelines.

• Containers with a storage capacity less than 55 US gallons of oil.
• Permanently closed containers.
• Motive power containers.
• Wastewater treatment facilities.
• Hot-mix asphalt and hot-mix asphalt containers.
• Residential heating oil containers at single family residences.
• Pesticide application equipment and related mix containers.
• Completely buried storage tanks subject to all the technical requirements of the underground storage tank regulations.
• Intra-facility gathering lines subject to US Department of Transportation’s pipeline regulations.
• Underground oil storage tanks at nuclear power generation facilities.

• A plan review log, documenting that the plan has been reviewed at least every five years.
• Certifications that the facility ownership or management commits to provide the resources needed to implement the plan.
• A professional engineer (PE) certification that the plan is adequate and in conformance with SPCC regulations.
• The “Substantial Harm Criteria Checklist” for the facility, to determine if additional spill prevention planning measures are required, or if an SPCC Plan is considered sufficient.
• A description of the facility, including oil storage, handling, process / piping and security features and their usage.
• A description of the facility fencing, lighting, access control, and other features that contribute to the operational security and vandal resistance of the facility, as applicable.
• Procedures used for inspections of facilities and equipment, including routine and periodic inspections that are provided for oil containing equipment.
• A list all oil storage containers, giving the type of product stored and the capacity of each.
• A description and evaluation of the secondary containment and drainage features of the facility.
• A description of the on-site spill response materials to prevent a release from reaching navigable waters.
• A description of any deviations from the rules, and the measures provided to achieve equivalent environmental protection.
• A description of any other features and procedures that bring the facility into compliance with the rules.
• Predictions of oil flow rates, quantities, and likely direction of travel if a primary containment (tank or piping) should fail.
• A facility diagram or site plan showing items relating to oil storage and the SPCC Plan related features, and showing the direction of travel for likely spills.
• Procedures and contacts for spill response and cleanup.
• Procedures and criteria for reporting spills, including a listing of individuals and agencies to be contacted in the event of a discharge.
• Procedures for disposing of waste following a spill.
• A description of the owner’s training program for employees.
• A cross-reference between the plan and the specific citations within the federal rules in 40 CFR Part 112.