40 CFR § 112.1 — General applicability of SPCC oil pollution prevention regulations
40 CFR — Environment · EPA
40 CFR 112 is the EPA's Spill Prevention, Control, and Countermeasure (SPCC) rule for oil pollution prevention. Applies to facilities with >1,320 gallons aboveground OR >42,000 gallons underground oil storage capacity that could reach navigable waters in a discharge. Required: SPCC Plan developed and certified, secondary containment for tanks, monthly visual inspections, employee training, and recordkeeping. Tiered approach: Tier I (qualifying small facilities, ≤10,000 gallons total) can self-certify; larger facilities require PE-certified plans. Common in manufacturing, transportation hubs, fuel distributors, marinas, and any operation with oil-fueled equipment.
Regulation summary
40 CFR Part 112 applies to non-transportation-related facilities that store, use, or transfer oil and could reasonably be expected to discharge oil into navigable waters or adjoining shorelines. Applicability triggers: aggregate aboveground storage capacity >1,320 gallons OR total underground storage capacity >42,000 gallons. Covered facilities must develop, implement, and maintain a Spill Prevention, Control, and Countermeasure (SPCC) Plan addressing facility design, secondary containment, inspections, training, and recordkeeping.
Who must comply
Any non-transportation-related facility (manufacturing, warehousing, marinas, agriculture, etc.) with: (1) aggregate aboveground oil storage capacity >1,320 gallons, OR (2) total underground oil storage capacity >42,000 gallons, AND (3) a reasonable potential for oil discharge to navigable waters or adjoining shorelines. Oil includes petroleum, vegetable oils, animal fats, and synthetic oils. Transportation-related facilities (typically governed by DOT, not EPA) are excluded.
What happens if violated
EPA civil penalties under the Clean Water Act Section 311: up to $99,681 per day per violation (indexed for inflation). Penalties for actual oil discharges to navigable waters separate and significantly higher. Criminal penalties possible for knowing or willful violations. State penalties parallel federal in many states.
Implementation checklist
- Inventory all oil storage on-site (aboveground + underground, all containers ≥55 gallons).
- Determine applicability — apply the 1,320 gallon AGT / 42,000 gallon UGT thresholds.
- Assess potential to discharge to navigable waters.
- Determine Tier I (self-certification) vs Tier II (PE certification) eligibility.
- Develop SPCC Plan addressing all 40 CFR 112.7 elements (facility diagram, secondary containment, inspections, training, etc.).
- Install secondary containment for tanks (typically 110% of largest tank).
- Implement monthly visual inspections — documented.
- Train employees on oil handling, spill response, and SPCC procedures.
- Maintain SPCC Plan on-site, accessible to facility personnel and inspectors.
- Amend the Plan whenever there's a material change to the facility.
- Coordinate with the state agency for state-specific requirements.
Common misinterpretations
- Misinterpretation: 'Diesel for forklifts isn't covered.' Reality: 'Oil' under 40 CFR 112 includes ALL oils — petroleum, vegetable, animal fats, synthetic. Diesel fuel for forklifts, gasoline for vehicles, hydraulic oil, lubricating oil — all count toward applicability thresholds.
- Misinterpretation: 'We're rural — not navigable waters.' Reality: 'Navigable waters' under SPCC includes streams, ditches, intermittent waterways, drainage that could reach navigable waters. The reasonable-potential standard is broad. Few inland facilities can credibly claim no potential reach.
- Misinterpretation: 'Tier I self-certification is permanent.' Reality: Tier I plans must be reviewed and amended whenever there's a material change to the facility. Major modifications require updating the plan and re-certifying.
- Misinterpretation: 'A PE has to certify all SPCC plans.' Reality: Tier I plans (qualifying facilities ≤10,000 gallons total aboveground oil storage, no individual aboveground container >5,000 gallons, no discharge history) can be SELF-CERTIFIED by the owner-operator. Tier II and larger facilities require Professional Engineer certification.
Frequently asked questions
What facilities need an SPCC plan?
Non-transportation-related facilities with: aggregate aboveground oil storage capacity >1,320 gallons OR underground storage capacity >42,000 gallons, AND a reasonable potential to discharge oil to navigable waters. Includes manufacturers, warehouses, marinas, agriculture, fuel distributors, and any operation with substantial oil storage.
What's the difference between Tier I and Tier II SPCC plans?
Tier I = qualifying small facilities (≤10,000 gallons aggregate aboveground oil capacity, no individual aboveground container >5,000 gallons, no significant discharge history). Tier I plans can be SELF-CERTIFIED using EPA's template. Tier II = facilities exceeding Tier I thresholds. Tier II plans require Professional Engineer (PE) certification.
What does 'oil' include?
All oils — petroleum (gasoline, diesel, motor oil, hydraulic oil), vegetable oils, animal fats, synthetic oils. Cooking oils used in food production are included. Mineral oils used in electrical equipment included.
What is secondary containment?
Engineered barriers (berms, dikes, double-walled tanks, drainage systems) capable of containing oil from tank failures. SPCC typically requires containment for at least 110% of the largest single tank volume in the bermed area. Multiple-tank bermed areas require containment sufficient for the largest tank plus precipitation.
How often must I review my SPCC plan?
Reviewed and amended whenever there is a material change to the facility (new tanks, removed tanks, change in commodity, facility expansion). Periodic technical reviews every 5 years recommended even without material changes. Recertification by a PE typically required after material changes for Tier II plans.
Are there state SPCC programs?
Many states have parallel or more restrictive oil pollution prevention programs. EPA federal SPCC is the floor; states can add requirements. Always check state environmental agency requirements in addition to federal 40 CFR 112.
Cross-references: 40 CFR 112.3 · 40 CFR 112.6 · 40 CFR 112.7 · 40 CFR 112.8
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