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  • SPCC responsibility for tanks on leased property

    What if I leased some parcels, and there are tanks already present? Am I responsible for these tanks? You could be. If you plan to use these tanks, make sure in your lease agreement, it states who is responsible for these tanks. If the lease does not state who is…

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  • Are agricultural facilities subject to the risk management program requirements?

    Are agricultural facilities potentially subject to the risk management program requirements in 40 CFR Part 68? Yes. Although there is one specific exemption from the provisions of 40 CFR Part 68 for ammonia held by a farmer for use as an agricultural nutrient (40 CFR §68.125), there is no general…

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  • Mobile fuel tanker as a facility

    Is a non-transportation related mobile fuel tanker with more than 55 gallons located near a 55 gallon drum storage area considered a facility? Perhaps. "Facility" is defined in Part 112 to mean "any mobile or fixed, onshore or offshore building, structure, installation, equipment, pipe, or pipeline (other than a vessel…

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  • What does "control of the same person" mean?

    Control of the same person refers to corporate control, not site management. If two divisions of a corporation operate at the same site, even if each operation is managed separately, they will count as one source provided the other criteria are met because they are under control of the same…

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  • How are thresholds for regulated toxic substances in mixtures determined?

    Formaldehyde is listed as a regulated substance under 40 CFR 68.130 with the qualifier "(solution)." When determining whether a threshold amount of this substance exists in a process, should a person consider the weight of the entire solution, or simply the amount of formaldehyde in the solution? How are thresholds…

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  • Qualifier "solution" in the listing for formaldehyde

    Formaldehyde is listed in 40 CFR 68.130 with the qualifier "solution." Does the qualifier refer only to mixtures of formaldehyde and water, or does it apply to any liquid mixture containing formaldehyde? Formaldehyde (CAS No. 50-0-0) is listed with the qualifier "solution" because pure formaldehyde has a tendency to polymerize…

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  • Part 68 regulations compared to other CAA provisions

    Do the risk management program regulations at 40 CFR Part 68 place additional requirements on stationary sources that are currently in compliance with all other provisions of the Clean Air Act (CAA)? Yes. Owners and operators of stationary sources who meet the applicability criteria at 40 CFR §68.10 must comply…

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  • Why do the risk management program regulations only apply to stationary sources?

    Why have transportation activities been exempted from compliance with the risk management program regulations at 40 CFR Part 68? Why do these regulations apply only to stationary sources? While EPA agrees that industry, local planners, and first responders need to recognize the public safety hazards associated with transportation, the Clean…

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  • SPCC requirements for transfer areas associated with exempt USTs

    Gas stations typically are not subject to the SPCC Rule because completely buried storage tanks subject to 40 CFR Part 280 or 281 are exempt per §112.1(d)(4). However, a gas station would be subject to the SPCC Rule if it has more than 1,320 gallons of oil in aggregate above…

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  • How do I determine if my farm could reasonably discharge oil into or upon navigable waters or adjoining shorelines?

    You can determine this by considering the geography and location of your farm relative to nearby navigable waters (such as streams, creeks and other waterways). You should consider if ditches, gullies, storm sewers or other drainage systems may transport an oil spill to nearby streams. Estimate the volume of oil…

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  • Mixture with oil as an additive (e.g., oil-based paint)

    SPCC applicability thresholds for aboveground and completely buried oil storage capacities are established in 40 CFR §112.1(d)(2). If a facility has a tank that contains a mixture with oil as an additive, such as oil-based paint, should the entire mixture be counted towards a facility’s threshold capacity? Yes; if a…

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  • SPCC Rule schedules for inspections, tests, and evaluations

    The SPCC rule requires inspections, tests, and evaluations of above ground containers (40 CFR §112.8(c)(6)). Does the rule set schedules for how often these need to be conducted? The SPCC Rule does not prescribe a specific frequency or methodology for performing the required inspections, evaluations, and tests for aboveground containers…

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  • Do the changes in the 2006 Amendments apply to oil-filled manufacturing equipment?

    No. The amendment does not change any requirements for oil-filled manufacturing equipment. Oil-filled manufacturing equipment remains subject to the SPCC requirements (including those for containment), but an owner/operator may determine that secondary containment is impracticable and comply with the alternative measures in section 112.7(d).

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  • Availability of electronic SPCC Plan template

    Part 112, Appendix G to prepare an SPCC Plan. Is the Tier I qualified facility SPCC Plan template available in an electronic version? EPA has made available electronic versions of the Tier I qualified facility Plan template to help the owner or operator of a Tier I qualified facility develop…

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  • What is a field-constructed container?

    What are the types of containers or equipment containing oil reservoirs that would be considered field-constructed containers and thus subject to the brittle fracture evaluation of 40 CFR §112.7(i)? As found in the Preamble language provided on page 47112 of the July 17, 2002 SPCC final rule, EPA provides a…

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