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  • Under FRP, what is the definition of a qualified individual?

    The FRP regulations require facilities to prepare an emergency response action plan and identify a qualified individual that has full authority, including contracting authority, to implement removal actions (40 CFR §112.20(h)(i)). What is the definition of a qualified individual? The relevant statute, CWA 311(j)(5)(C)(ii) requires that the plan identify the…

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  • SPCC compliance dates for farms

    What are the Spill Prevention, Control, and Countermeasure (SPCC) compliance dates for farms? On November 22, 2011, EPA amended the date by which certain farms must prepare, or amend, and implement their SPCC Plans to May 10, 2013 to comply with SPCC rule amendments promulgated since July 2002 ( 76…

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  • Are generator sets considered oil-filled operational equipment?

    No. Generator sets (gen sets) are a combination of oil-filled operational equipment and a bulk storage container. Lubrication systems on gen sets may be oil-filled operational equipment, but bulk storage tanks providing fuel for the generator typically are not oil-filled operational equipment.

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  • SPCC change in ownership

    If there is a change in ownership at a facility, can the facility operate under the same SPCC Plan without the certification from a professional engineer (PE)? If no change in procedures has been made, it may still be feasible to operate under the existing SPCC Plan. The information in…

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  • Reporting requirements for oil discharges

    What are the reporting requirements for discharges of oil? If a discharge of oil reaches waters of the United States, it is reportable to the National Response Center under 40 CFR Part 110 , which was established under the authority of the Clean Water Act. Discharges of oil must be…

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  • SPCC Rule regulated oil types

    What types of oil does the Spill Prevention, Control, and Countermeasure (SPCC) Rule address? The term oil means oil of any kind or in any form, including, but not limited to: petroleum; fuel oil; sludge; oil refuse; oil mixed with wastes other than dredged spoil; fats, oils or greases of…

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  • Liability of oil retailers at SPCC regulated farm

    If a farm is out of compliance of Spill Prevention, Control, and Countermeasure (SPCC) regulations and is checked by EPA and/or has a spill, is the retailer that filled the tank liable? No, EPA considers the oil tank owner responsible for lack of compliance.

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  • Does EPA consider it a conflict of interest for a third-party company to assist a group of renewable fuel producers and importers of renewable fuel to help meet the requirements of the re-registration and engineering review pursuant to section 80.1450?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . EPA does not restrict a renewable fuel producer or an importer of renewable fuel from seeking a third-party company to assist them in meeting the re-registration and engineering review requirements pursuant to section 80.1450. The renewable fuel producer…

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  • Will common carriers be required to register their transport trucks as oxygenate blending facilities?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Normally, only the owner of the gasoline produced at an oxygenate blending operation must register as an oxygenate blender. If a common carrier blends gas in trucks that it owns it must meet all of the requirements for…

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  • Is the licensed professional engineer conducting the engineering review required to perform the site visit in person, or can they delegate the site visit to another person who maybe assisting them in the engineering review?

    See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Pursuant to §80.1450(b)(2), all verifications must be performed by the licensed professional engineer conducting the engineering review. This requirement includes conducting the site visits. The licensed professional engineer conducting the engineering review must perform the site visits to…

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  • FRP Site Plans with Varying Storage Contents

    The Facility Response Plan regulations require subject facilities to prepare and maintain a site plan diagram that includes, among other things, the contents of bulk oil storage tanks, drum oil storage areas, and surface impoundments ( 40 CFR Part 112 Appendix F ). When the contents of these storage units…

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  • SPCC Qualified Facilities Substantial Harm Criteria Certification

    Are SPCC qualified facilities required to complete and maintain a copy of the Certification of the Applicability of the Substantial Harm Criteria form located in Appendix C of 40 CFR Part 112? Yes, all SPCC regulated facilities, including qualified facilities, that do not meet the criteria of a substantial harm…

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  • SPCC Training Materials for Production Sector

    Does EPA offer any Spill Prevention, Control, and Countermeasure (SPCC) training materials specifically for the production sector? Yes. EPA has developed a “train-the-trainer” presentation for the production sector. The presentation provides information for organizations to hold trainings on the SPCC rule. The presentation is available in the SPCC Rule: Train-the-Trainer…

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  • Secondary containment calculations in SPCC Plan

    The SPCC regulations in 40 CFR §112.7(c) require facilities to provide appropriate containment or diversionary structures or equipment to prevent discharges as described in §112.1(b). Does a facility's SPCC Plan have to include calculations to demonstrate compliance with the §112.7(c) general secondary containment requirements? EPA does not require facilities to…

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  • What do I need to submit to EPA if I have an oil discharge?

    The owner/operator must provide the following: Name and location of the facility Owner/operator name Maximum storage/handling capacity of the facility and normal daily throughput Corrective actions and countermeasures taken, including descriptions of equipment repairs and replacements Adequate description of the facility, including maps, flow diagrams, and topographical maps, as necessary…

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