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40 CFR Part 112 Spill Prevention, Control, and Countermeasure Rule
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What changes did EPA finalize to the SPCC Rule in December 2006?
The revised rule modifies requirements for facilities with smaller oil storage capacity and specific types of oil-filled operating equipment. If a facility has 10,000 gallons or less in aggregate aboveground oil storage capacity and the facility meets the oil discharge history criteria, then an owner/operator of a facility may prepare…
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Eligibility for qualified oil-filled operational equipment in event of a discharge
Does a facility automatically lose eligibility for the option for qualified oil-filled operational equipment if the equipment has an oil discharge? No. Facilities that choose this alternative and later have a reportable oil discharge from qualified oil-filled operational equipment do not automatically lose eligibility. However, the spill reporting requirements would…
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Can qualified facilities also use the alternative requirements for qualified oil-filled operational equipment?
Yes. Facilities that meet the criteria for qualified facilities and qualified oil-filled operational equipment may benefit from both of the alternative approaches. Since an impracticability determination is not necessary for qualified oil-filled operational equipment, the owner/operator can self-certify the SPCC Plan and is not required to have a PE develop…
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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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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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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 are the specifications for bulk storage secondary containment systems?
For purposes of the SPCC requirements, "secondary containment for bulk storage facilities must be constructed to at least provide for the capacity of the largest single tank with sufficient freeboard for precipitation. EPA believes that the proper standard of "sufficient freeboard" to contain precipitation is that amount necessary to contain…
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What are the amended requirements for oil-filled operational equipment?
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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PE certification and applying PE's seal
Except as provided in 40 CFR §112.6 for qualified facilities, a Professional Engineer (PE) must certify a facility’s SPCC Plan. In order to certify an SPCC plan, must a PE apply his seal to the plan, or is the PE’s signature on a certification statement sufficient for SPCC purposes? For…
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What types of oil does the 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 animal, fish, or marine mammal origin; vegetable oils, including oil from seeds, nuts, fruits…
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PE certifying a technical amendment
Except as provided in 40 CFR §112.6 for qualified facilities, a Professional Engineer (PE) must certify all technical amendments to an existing SPCC Plan (§112.5(c)). When certifying a technical change to an existing SPCC Plan, does the PE have to inspect and certify the entire Plan or only the amended…
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Leasing out empty oil storage containers.
A facility leases out empty stationary tanks to other facilities that use the tanks to store oil (e.g., gasoline). The stationary tanks are empty while at the initial facility and eventually leased to other customers to be reused for oil storage. Is the facility that leases out the empty tanks…
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