40 CFR 112: EPA SPCC Rule

Regulatory citation: Clean Water Act; 40 CFR Part 112, Oil Pollution Prevention (SPCC)

What Is EPA's SPCC Rule?

The Spill Prevention, Control, and Countermeasure (SPCC) rule, in 40 CFR Part 112, requires certain facilities that store oil to prepare and implement a plan to prevent oil discharges into navigable waters and adjoining shorelines. "Oil" includes petroleum products such as diesel and gasoline, as well as animal fats and vegetable oils.

Why SPCC Matters

Oil spills can contaminate waterways, harm wildlife and result in costly cleanup and penalties. SPCC applies to many ordinary businesses, such as farms, construction sites, fleet yards and manufacturers, not just refineries.

Core Requirements

1. Determine Applicability

A facility is generally covered if it has an aggregate aboveground oil storage capacity of more than 1,320 U.S. gallons (counting containers of 55 gallons or more) or completely buried storage capacity of more than 42,000 gallons, and could reasonably be expected to discharge oil to navigable waters or adjoining shorelines.

2. Prepare an SPCC Plan

Most plans must be certified by a licensed professional engineer. Qualified facilities with 10,000 gallons or less of aboveground storage that meet other criteria may self-certify their plans.

3. Provide Secondary Containment

Containers and equipment must have appropriate secondary containment, such as dikes, berms or double-walled tanks, to prevent discharged oil from reaching waterways.

4. Inspect, Test and Maintain

Facilities must inspect and test containers and containment according to industry standards and their plan, and keep records.

5. Train Personnel

Oil-handling personnel must be trained on discharge prevention, and facilities must hold discharge prevention briefings at least once a year.

6. Review and Update the Plan

The plan must be reviewed at least once every five years and amended when changes at the facility affect the potential for a discharge.

Common Compliance Approaches

Inventory All Oil Containers

List tanks, drums, generators and oil-filled equipment of 55 gallons or more with their capacities and locations.

Plan for Loading Areas

Tank truck loading and unloading areas often need extra containment and procedures.

Keep Spill Kits Ready

Place stocked spill kits near storage and transfer areas and train staff to use them.

Example: SPCC in Practice

A construction company's equipment yard stores diesel in a 2,000-gallon aboveground tank and several 55-gallon drums of hydraulic oil near a creek. Because total aboveground capacity exceeds 1,320 gallons, the yard needs an SPCC plan. A professional engineer certifies the plan, the tank sits in a containment berm, drums are stored on spill pallets, and staff get an annual discharge prevention briefing.

Related regulations: EPA Industrial Stormwater, EPA release reporting, EPA Hazardous Waste Generators.

Note: This summary reflects federal EPA requirements. Many states run authorized programs with additional or stricter rules. Always check the current regulation text and your state environmental agency's requirements.

Frequently Asked Questions

Who needs an SPCC plan?

Facilities with more than 1,320 gallons of aboveground oil storage capacity (counting containers of 55 gallons or more) or more than 42,000 gallons of completely buried storage, and a reasonable expectation of discharging oil to navigable waters or adjoining shorelines, generally need an SPCC plan.

Does an SPCC plan need a professional engineer?

Most SPCC plans must be certified by a licensed professional engineer. Qualified facilities with 10,000 gallons or less of aboveground storage capacity that meet spill history criteria may self-certify.

How often must an SPCC plan be reviewed?

An SPCC plan must be reviewed at least once every five years, and amended whenever facility changes materially affect the potential for an oil discharge.