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• Secondary containment for oil-filled operation equipment under SPCC

  On December 26, 2006, EPA provided an optional alternative to the general secondary containment requirements in 40 CFR §112.7(c) for qualified oil-filled operational equipment ( 71 FR 77266 ). Because the alternative is optional, an owner or operator could choose to comply with the existing SPCC requirements to provide general…

  • Last published: June 13, 2024

• Since asbestos was banned, do I need to be worried about products on the market today containing asbestos?

  On March 28, 2024, EPA issued a final rule prohibiting all ongoing uses of chrysotile asbestos, the only form of asbestos still manufactured (including imported), processed and distributed in the U.S. The final rule prohibitions are by specific use and phased-in over a period of months to several years, depending…

  • Last published: May 1, 2024

• 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…

  • Last published: May 31, 2024

• 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).

  • Last published: May 31, 2024

• 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…

  • Last published: June 5, 2024

• Secondary containment requirements for mobile refuelers

  What secondary containment requirements apply to mobile refuelers? General secondary containment requirements in §112.7(c) still apply to mobile refuelers at SPCC regulated facilities. General secondary containment should be designed to address the most likely discharge from the container and from oil transfers into or from the mobile refueler. The general…

  • Last published: June 5, 2024

• In a situation where an importer leases tankage from another company, e.g., from a for-hire terminal, who must register such import facility, the company that owns the terminal, the importer that leases the tankage, or both?

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Under § 80.2(r), an importer is defined as "a person who imports gasoline or gasoline blending stocks or components from a foreign country into the United States...." Accordingly, it is the importer of the gasoline, and not the…

  • Last published: August 2, 2024

• If my fuel is already registered with the Fuels and Fuel Additives program under 40 CFR Part 79, do I still need to register with the RFS2 program under 40 CFR Part 80?

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Yes. Even if your fuel or fuel additive is already registered under 40 CFR Part 79, there are additional registration requirements for parties regulated under the RFS2 program, as specified in 40 CFR 80.1450.

  • Last published: August 2, 2024

• Once I register my fuel for the RFS2 program under §80.1450, do I still need to register my fuel under 40 CFR Part 79?

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Yes. Renewable fuels intended for use or used in motor vehicles are required to be registered under 40 CFR part 79 prior to any introduction into commerce. Manufacturers of renewable fuels and fuel additives not registered under part…

  • Last published: August 2, 2024

• 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…

  • Last published: May 31, 2024

• 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…

  • Last published: May 31, 2024

• 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…

  • Last published: August 2, 2024

• 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…

  • Last published: August 2, 2024

• 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…

  • Last published: August 2, 2024

• 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…

  • Last published: May 31, 2024