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  • When part of a site is sold, what facility ID number is used?

    If a site is divided up as part of a sale and part of the site is kept by the original owner and the remainder is sold or leased, what facility ID is used? The section of the site that is retained by the original owner will keep the original…

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  • Would change in population data require an RMP update?

    As part of the hazard assessment under 40 CFR Part 68, Subpart B, a source is required to estimate in its risk management plan (RMP) the population within a circle that has its center at the process and its radius equal to the distance to the endpoint concentration (40 CFR…

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  • When were RMPs initially required to be submitted?

    When must the risk management plans (RMPs) required under 40 CFR Part 68, Subpart G, initially be submitted? For chemicals currently listed as regulated substances at 40 CFR §68.130, compliance with the risk management program requirements (including submission of RMPs) is required by June 21, 1999, or the date on…

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  • Is the RMP submission date the postmark date or EPA's receipt?

    Initial RMPs must be "submitted" by a certain date, and RMPs must be updated at least every five years from the date of its submission. What constitutes "submission" for purposes of meeting and determining these deadlines - postmarking the RMP or EPA's receipt of the RMP by the due date…

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  • Updating RMP if substance no longer held in excess of threshold quantity

    If a facility had a covered process that was previously subject to the Program 2 or 3 requirements, but no longer holds the regulated substance in excess of the threshold quantity due to a decrease in production or storage, must the facility update its risk management plan (RMP)? If a…

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  • Who should sign the certification statement?

    The owner or operator of a stationary source must submit in the RMP a statement certifying that the RMP is accurate and complete (40 CFR §68.185). Who should sign this certification statement? EPA has not promulgated regulations under 40 CFR Part 68 specifying who must sign the certification statement nor…

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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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  • Do service tanks on service trucks or pickups count in the calculation of the total storage on the farm?

    Yes, you should include fuel tanks mounted on trailers, fuel trucks used exclusively on the farm and tanks in pickups toward the overall threshold of 1,320 gallons. Also, count 55-gallon drums, but don’t count any container smaller than that.

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  • What is an oil spill contingency plan?

    Instead of providing secondary containment for qualified oil-filled operational equipment, an owner or operator may prepare an oil spill contingency plan and a written commitment of manpower, equipment, and materials to quickly control and remove discharged oil. He/she must also have an inspection or monitoring program for the equipment to…

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