The Spill Prevention, Control, and Countermeasure (SPCC) regulation, codified in the U.S. Environmental Protection Agency’s (EPA) 40 Code of Federal Regulations (CFR) Part 112, stems from the Federal Water Pollution Control Act of 1972. Its primary goal is to prevent oil discharges from polluting navigable waterways and adjoining shorelines. To achieve this, the Spill Prevention Control and Countermeasures Regulation (SPCC) regulation requires facilities to implement oil spill prevention, control, and countermeasure practices.
The regulation “establishes procedures, methods, and equipment, and other requirements for equipment to prevent the discharge of oil from non-transportation-related onshore and offshore facilities into or upon the navigable waters of the United States or adjoining shorelines.”
Facilities subject to the Spill Prevention Control and Countermeasures Regulation (SPCC) regulation must develop and implement a Spill Prevention Control and Countermeasures Regulation (SPCC) Plan that outlines measures to prevent oil discharges—such as installing secondary containment around storage tanks—to protect waterways.
The Environmental Protection Agency (EPA) has published the SPCC Guidance for Regional Inspectors which explains the regulation in detail. Rather than repeat that guidance, this document offers a brief overview and highlights aspects not addressed in the Environmental Protection Agency’s (EPA) guidance.
A facility is subject to the Spill Prevention Control and Countermeasures Regulation (SPCC) regulation if it meets all three of the following criteria:
- Has sufficient oil storage capacity,
- Falls under Environmental Protection Agency (EPA) jurisdiction, and
- Presents a reasonable potential for an oil discharge.
The following sections provide additional detail on Spill Prevention Control and Countermeasures Regulation (SPCC) applicability.
28.1.1 Adequate Oil Storage Capacity Criteria
A facility meets the adequate oil storage capacity criterion if it has either of the following:
- More than 1,320 gallons of total aboveground oil storage, or
- More than 42,000 gallons of total underground oil storage.
When calculating total oil storage capacity, include all containers with a capacity of 55 gallons or more, such as tanks, transformers, drums, and hydraulic or lubricating oil reservoirs.
The definition of “oil” is discussed in more detail in Section 28.6.
28.1.2 Environmental Protection Agency (EPA) Jurisdiction Criteria
The second Spill Prevention Control and Countermeasures Regulation (SPCC) criterion is that the facility must fall under the jurisdiction of the Environmental Protection Agency (EPA) – not the Department of Transportation (DOT). Oil storage, transfer, and processing activities that occur within the boundaries of a facility are typically regulated by the Environmental Protection Agency (EPA) and therefore subject to the SP Spill Prevention Control and Countermeasures Regulation (SPCC) regulation.
28.1.3 Reasonable Spill Expectation Criteria
The third and final SPCC applicability criterion is whether there is a reasonable expectation that an oil spill could reach a waterway. When making this determination, man-made structures designed to contain spills (such as berms and dikes) are not considered, while structures that could aid the flow of oil to a waterway (such as drainage ditches and storm drains) are taken into account.
The concept of reasonable spill expectation is discussed in more detail in Section 28.4.