SPCC Plan Requirements (40 CFR Part 112)
Last reviewed · By Chad Griffith
An SPCC (Spill Prevention, Control, and Countermeasure) Plan is required under EPA's Oil Pollution Prevention regulation, 40 CFR Part 112, for any onshore facility with aggregate aboveground oil storage capacity exceeding 1,320 US gallons or completely buried storage capacity exceeding 42,000 US gallons that could reasonably be expected to discharge oil to navigable waters or adjoining shorelines. The plan must be reviewed at least every 5 years and amended within 6 months of any material change. Facilities qualify for one of three SPCC tiers based on storage capacity and discharge history.
Who Must Have an SPCC Plan
Per 40 CFR 112.1, any non-transportation-related onshore or offshore facility engaged in drilling, producing, gathering, storing, processing, refining, transferring, distributing, using, or consuming oil or oil products must have an SPCC plan if: aggregate aboveground oil storage capacity exceeds 1,320 US gallons OR total buried oil storage capacity exceeds 42,000 US gallons, AND the facility could reasonably be expected to discharge oil to navigable waters or adjoining shorelines. Containers under 55 gallons capacity are excluded from aggregation. Permanently closed containers don't count toward thresholds.
Tier I Qualified Facility (Streamlined SPCC)
Per 40 CFR 112.6, Tier I qualified facilities can self-certify their plan if: aggregate aboveground oil storage capacity is 10,000 US gallons or less AND no individual aboveground oil storage container has capacity greater than 5,000 US gallons AND no oil discharges in three years exceeded 1,000 gallons in a single discharge or 42 gallons in two discharges within any 12-month period. Tier I facilities use a simplified SPCC plan template provided by EPA.
Tier II Qualified Facility
Tier II qualified facilities have aggregate aboveground oil storage capacity of 10,000 US gallons or less but have at least one container with capacity over 5,000 US gallons. Tier II facilities can self-certify but must use a more detailed plan than Tier I and meet all standard SPCC operational requirements (inspection schedule, training, integrity testing, secondary containment, and so on).
Full SPCC (PE Certification)
Facilities not qualifying for Tier I or Tier II self-certification must have their SPCC plan certified by a licensed Professional Engineer (PE). PE certification requires the engineer to: be familiar with the requirements of 40 CFR Part 112 and EPA guidance, examine the facility, attest that the plan has been prepared in accordance with good engineering practice, and certify that procedures for inspection, testing, response, and prevention follow good engineering practice. PE certification triggers regulatory liability for the engineer.
5-Year Review and Amendments
Per 40 CFR 112.5, the plan must be reviewed at least once every 5 years and amended within 6 months of any change that materially affects the facility's potential for discharge. The 5-year review must include consideration of more effective prevention and control technology and result in either a written statement that no amendment is required or amendments to the plan. Amendment triggers include: addition or removal of containers, changes in product stored, modifications to secondary containment, and significant facility modifications.
Frequently Asked Questions
What is the SPCC threshold?
1,320 US gallons aggregate aboveground oil storage capacity OR 42,000 US gallons completely buried oil storage capacity. Containers under 55 gallons are excluded from aggregation. The threshold applies to total storage capacity at the facility, not the actual amount stored at a given time.
What inspection records must be retained?
Per 40 CFR 112.7, inspection records on the schedule specified in the plan (typically monthly for tank visual inspection, periodic for integrity testing) must be retained for 3 years. Other required records: training records, spill incident reports, oil-handling personnel training records, and any plan amendments with dates and approving signatures. Records must be available for EPA inspection.
Does an SPCC plan need to address a single facility or all locations?
An SPCC plan addresses a single facility — typically defined as a contiguous area under common ownership and operation. Multi-location operators with separate facilities each need their own SPCC plan, though plans for similar facilities may share standardized elements. Each facility must independently meet the threshold to require a plan.
What happens if there's an oil discharge?
Discharges to navigable waters trigger reporting requirements: immediate notification to the National Response Center (1-800-424-8802), notification to the EPA Regional Administrator within 60 days for discharges over 1,000 gallons in a single event or two discharges totaling over 42 gallons in 12 months, and amendment of the SPCC plan within 6 months. Civil penalties under the Clean Water Act for unpermitted oil discharges can exceed $25,000 per day per violation.
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