The following is the text of the U.S.
Environmental Protection Agency's Spill
Prevention, Control and Countermeasure (SPCC)
regulations (40 CFR §§112.1-112.15)
reflecting the revisions issued by EPA July
17, 2002 (67 FR 47041) and amended April 17,
2003 (68 FR 18890).
Title 40 —Protection of Environment;
Revised as of July 2002.
Chapter 1—Environmental
Protection Agency
Subchapter D—Water Programs
Part 112—Oil Pollution Prevention
Authority: 33 U.S.C. 1251 et seq.; 33
U.S.C 2720; E.O. 12777 (October 18, 1991), 3
CFR, 1991 Comp., p. 351.
SUBPART A - Applicability,
Definitions, and General Requirements for
all Facilities and all Types of Oils
Sec.
112.1 General
applicability.
112.2 Definitions.
112.3 Requirement to
prepare and implement a Spill Prevention,
Control, and Countermeasure Plan.
112.4 Amendment of
Spill Prevention, Control, and
Countermeasure Plan by Regional
Administrator.
112.5 Amendment of
Spill Prevention, Control, and
Countermeasure Plan by owners or operators.
112.6 [Reserved].
112.7 General
requirements for Spill Prevention, Control,
and Countermeasure Plans.
§112.1 General
applicability.
(a)(1) This part establishes procedures,
methods, equipment, and other requirements
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, or into or upon the
waters of the contiguous zone, or in
connection with activities under the Outer
Continental Shelf Lands Act or the Deepwater
Port Act of 1974, or that may affect natural
resources belonging to, appertaining to, or
under the exclusive management authority of
the United States (including resources under
the Magnuson Fishery Conservation and
Management Act).
(2) As used in this part, words in the
singular also include the plural and words
in the masculine gender also include the
feminine and vice versa, as the case may
require.
(b) Except as provided in paragraph (d)
of this section, this part applies to any
owner or operator of a
non-transportation-related onshore or
offshore facility engaged in drilling,
producing, gathering, storing, processing,
refining, transferring, distributing, using,
or consuming oil and oil products, which due
to its location, could reasonably be
expected to discharge oil in quantities that
may be harmful, as described in part 110 of
this chapter, into or upon the navigable
waters of the United States or adjoining
shorelines, or into or upon the waters of
the contiguous zone, or in connection with
activities under the Outer Continental Shelf
Lands Act or the Deepwater Port Act of 1974,
or that may affect natural resources
belonging to, appertaining to, or under the
exclusive management authority of the United
States (including resources under the
Magnuson Fishery Conservation and Management
Act) that has oil in:
(1) Any aboveground container;
(2) Any completely buried tank as defined
in §112.2;
(3) Any container that is used for
standby storage, for seasonal storage, or
for temporary storage, or not otherwise
"permanently closed" as defined in
§112.2;
(4) Any "bunkered tank" or "partially
buried tank" as defined in
§112.2, or any container in a vault,
each of which is considered an aboveground
storage container for purposes of this part.
(c) As provided in section 313 of the
Clean Water Act (CWA), departments,
agencies, and instrumentalities of the
Federal government are subject to these
regulations to the same extent as any
person.
(d) Except as provided in paragraph (f)
of this section, this part does not apply
to:
(1) The owner or operator of any
facility, equipment, or operation that is
not subject to the jurisdiction of the
Environmental Protection Agency (EPA) under
section 311(j)(1)(C) of the CWA, as follows:
(i) Any onshore or offshore facility,
that due to its location, could not
reasonably be expected to have a discharge
as described in §112.1(b).
This determination must be based solely upon
consideration of the geographical and
location aspects of the facility (such as
proximity to navigable waters or adjoining
shorelines, land contour, drainage, etc.)
and must exclude consideration of manmade
features such as dikes, equipment or other
structures, which may serve to restrain,
hinder, contain, or otherwise prevent a
discharge as described in paragraph (b) of
this section.
(ii) Any equipment, or operation of a
vessel or transportation-related onshore or
offshore facility which is subject to the
authority and control of the U.S. Department
of Transportation, as defined in the
Memorandum of Understanding between the
Secretary of Transportation and the
Administrator of EPA, dated November 24,
1971 (Appendix A of this part).
(iii) Any equipment, or operation of a
vessel or onshore or offshore facility which
is subject to the authority and control of
the U.S. Department of Transportation or the
U.S. Department of the Interior, as defined
in the Memorandum of Understanding between
the Secretary of Transportation, the
Secretary of the Interior, and the
Administrator of EPA, dated November 8, 1993
(Appendix B of this part).
(2) Any facility which, although
otherwise subject to the jurisdiction of
EPA, meets both of the following
requirements:
(i) The completely buried storage
capacity of the facility is 42,000 gallons
or less of oil. For purposes of this
exemption, the completely buried storage
capacity of a facility excludes the capacity
of a completely buried tank, as defined in
§112.2, and connected
underground piping, underground ancillary
equipment, and containment systems, that is
currently subject to all of the technical
requirements of part 280 of this chapter or
all of the technical requirements of a State
program approved under part 281 of this
chapter. The completely buried storage
capacity of a facility also excludes the
capacity of a container that is "permanently
closed," as defined in
§112.2.
(ii) The aggregate aboveground storage
capacity of the facility is 1,320 gallons or
less of oil. For purposes of this exemption,
only containers of oil with a capacity of 55
gallons or greater are counted. The
aggregate aboveground storage capacity of a
facility excludes the capacity of a
container that is "permanently closed," as
defined in §112.2.
(3) Any offshore oil drilling,
production, or workover facility that is
subject to the notices and regulations of
the Minerals Management Service, as
specified in the Memorandum of Understanding
between the Secretary of Transportation, the
Secretary of the Interior, and the
Administrator of EPA, dated November 8, 1993
(Appendix B of this part).
(4) Any completely buried storage tank,
as defined in §112.2,
and connected underground piping,
underground ancillary equipment, and
containment systems, at any facility, that
is subject to all of the technical
requirements of part 280 of this chapter or
a State program approved under part 281 of
this chapter, except that such a tank must
be marked on the facility diagram as
provided in §112.7(a)(3),
if the facility is otherwise subject to this
part.
(5) Any container with a storage capacity
of less than 55 gallons of oil.
(6) Any facility or part thereof used
exclusively for wastewater treatment and not
used to satisfy any requirement of this
part. The production, recovery, or recycling
of oil is not wastewater treatment for
purposes of this paragraph.
(e) This part establishes requirements
for the preparation and implementation of
Spill Prevention, Control, and
Countermeasure (SPCC) Plans. SPCC Plans are
designed to complement existing laws,
regulations, rules, standards, policies, and
procedures pertaining to safety standards,
fire prevention, and pollution prevention
rules. The purpose of an SPCC Plan is to
form a comprehensive Federal/State spill
prevention program that minimizes the
potential for discharges. The SPCC Plan must
address all relevant spill prevention,
control, and countermeasures necessary at
the specific facility. Compliance with this
part does not in any way relieve the owner
or operator of an onshore or an offshore
facility from compliance with other Federal,
State, or local laws.
(f) Notwithstanding paragraph (d) of this
section, the Regional Administrator may
require that the owner or operator of any
facility subject to the jurisdiction of EPA
under section 311(j) of the CWA prepare and
implement an SPCC Plan, or any applicable
part, to carry out the purposes of the CWA.
(1) Following a preliminary
determination, the Regional Administrator
must provide a written notice to the owner
or operator stating the reasons why he must
prepare an SPCC Plan, or applicable part.
The Regional Administrator must send such
notice to the owner or operator by certified
mail or by personal delivery. If the owner
or operator is a corporation, the Regional
Administrator must also mail a copy of such
notice to the registered agent, if any and
if known, of the corporation in the State
where the facility is located.
(2) Within 30 days of receipt of such
written notice, the owner or operator may
provide information and data and may consult
with the Agency about the need to prepare an
SPCC Plan, or applicable part.
(3) Within 30 days following the time
under paragraph (2) of this section within
which the owner or operator may provide
information and data and consult with the
Agency about the need to prepare an SPCC
Plan, or applicable part, the Regional
Administrator must make a final
determination regarding whether the owner or
operator is required to prepare and
implement an SPCC Plan, or applicable part.
The Regional Administrator must send the
final determination to the owner or operator
by certified mail or by personal delivery.
If the owner or operator is a corporation,
the Regional Administrator must also mail a
copy of the final determination to the
registered agent, if any and if known, of
the corporation in the State where the
facility is located.
(4) If the Regional Administrator makes a
final determination that an SPCC Plan, or
applicable part, is necessary, the owner or
operator must prepare the Plan, or
applicable part, within six months of that
final determination and implement the Plan,
or applicable part, as soon as possible, but
not later than one year after the Regional
Administrator has made a final
determination.
(5) The owner or operator may appeal a
final determination made by the Regional
Administrator requiring preparation and
implementation of an SPCC Plan, or
applicable part, under this paragraph. The
owner or operator must make the appeal to
the Administrator of EPA within 30 days of
receipt of the final determination under
paragraph (3) of this section from the
Regional Administrator requiring preparation
and/or implementation of an SPCC Plan, or
applicable part. The owner or operator must
send a complete copy of the appeal to the
Regional Administrator at the time he makes
the appeal to the Administrator. The appeal
must contain a clear and concise statement
of the issues and points of fact in the
case. In the appeal, the owner or operator
may also provide additional information. The
additional information may be from any
person. The Administrator may request
additional information from the owner or
operator. The Administrator must render a
decision within 60 days of receiving the
appeal or additional information submitted
by the owner or operator and must serve the
owner or operator with the decision made in
the appeal in the manner described in
paragraph (f)(1) of this section.
§112.2
Definitions.
For the purposes of this part :
Adverse weather means weather
conditions that make it difficult for
response equipment and personnel to clean up
or remove spilled oil, and that must be
considered when identifying response systems
and equipment in a response plan for the
applicable operating environment. Factors to
consider include significant wave height as
specified in Appendix E to this part (as
appropriate), ice conditions, temperatures,
weather-related visibility, and currents
within the area in which the systems or
equipment is intended to function.
Alteration means any work on a
container involving cutting, burning,
welding, or heating operations that changes
the physical dimensions or configuration of
the container.
Animal fat means a non-petroleum
oil, fat, or grease of animal, fish, or
marine mammal origin.
Breakout tank means a container
used to relieve surges in an oil pipeline
system or to receive and store oil
transported by a pipeline for reinjection
and continued transportation by pipeline.
Bulk storage container means any
container used to store oil. These
containers are used for purposes including,
but not limited to, the storage of oil prior
to use, while being used, or prior to
further distribution in commerce. Oil-filled
electrical, operating, or manufacturing
equipment is not a bulk storage container.
Bunkered tank means a container
constructed or placed in the ground by
cutting the earth and re-covering the
container in a manner that breaks the
surrounding natural grade, or that lies
above grade, and is covered with earth,
sand, gravel, asphalt, or other material. A
bunkered tank is considered an aboveground
storage container for purposes of this part.
Completely buried tank means any
container completely below grade and covered
with earth, sand, gravel, asphalt, or other
material. Containers in vaults, bunkered
tanks, or partially buried tanks are
considered aboveground storage containers
for purposes of this part.
Complex means a facility
possessing a combination of
transportation-related and
non-transportation-related components that
is subject to the jurisdiction of more than
one Federal agency under section 311(j) of
the CWA.
Contiguous zone means the zone
established by the United States under
Article 24 of the Convention of the
Territorial Sea and Contiguous Zone, that is
contiguous to the territorial sea and that
extends nine miles seaward from the outer
limit of the territorial area.
Contract or other approved means
means:
(1) A written contractual agreement with
an oil spill removal organization that
identifies and ensures the availability of
the necessary personnel and equipment within
appropriate response times; and/or
(2) A written certification by the owner
or operator that the necessary personnel and
equipment resources, owned or operated by
the facility owner or operator, are
available to respond to a discharge within
appropriate response times; and/or
(3) Active membership in a local or
regional oil spill removal organization that
has identified and ensures adequate access
through such membership to necessary
personnel and equipment to respond to a
discharge within appropriate response times
in the specified geographic area; and/or
(4) Any other specific arrangement
approved by the Regional Administrator upon
request of the owner or operator.
Discharge includes, but is not
limited to, any spilling, leaking, pumping,
pouring, emitting, emptying, or dumping of
oil, but excludes discharges in compliance
with a permit under section 402 of the CWA;
discharges resulting from circumstances
identified, reviewed, and made a part of the
public record with respect to a permit
issued or modified under section 402 of the
CWA, and subject to a condition in such
permit; or continuous or anticipated
intermittent discharges from a point source,
identified in a permit or permit application
under section 402 of the CWA, that are
caused by events occurring within the scope
of relevant operating or treatment systems.
For purposes of this part, the term
discharge shall not include any
discharge of oil that is authorized by a
permit issued under section 13 of the River
and Harbor Act of 1899 (33 U.S.C. 407).
Facility means any mobile or
fixed, onshore or offshore building,
structure, installation, equipment, pipe, or
pipeline (other than a vessel or a public
vessel) used in oil well drilling
operations, oil production, oil refining,
oil storage, oil gathering, oil processing,
oil transfer, oil distribution, and waste
treatment, or in which oil is used, as
described in Appendix A to this part. The
boundaries of a facility depend on several
site-specific factors, including, but not
limited to, the ownership or operation of
buildings, structures, and equipment on the
same site and the types of activity at the
site.
Fish and wildlife and sensitive
environments means areas that may be
identified by their legal designation or by
evaluations of Area Committees (for
planning) or members of the Federal On-Scene
Coordinator's spill response structure
(during responses). These areas may include
wetlands, National and State parks, critical
habitats for endangered or threatened
species, wilderness and natural resource
areas, marine sanctuaries and estuarine
reserves, conservation areas, preserves,
wildlife areas, wildlife refuges, wild and
scenic rivers, recreational areas, national
forests, Federal and State lands that are
research national areas, heritage program
areas, land trust areas, and historical and
archaeological sites and parks. These areas
may also include unique habitats such as
aquaculture sites and agricultural surface
water intakes, bird nesting areas, critical
biological resource areas, designated
migratory routes, and designated seasonal
habitats.
Injury means a measurable adverse
change, either long- or short-term, in the
chemical or physical quality or the
viability of a natural resource resulting
either directly or indirectly from exposure
to a discharge, or exposure to a product of
reactions resulting from a discharge.
Maximum extent practicable means
within the limitations used to determine oil
spill planning resources and response times
for on-water recovery, shoreline protection,
and cleanup for worst case discharges from
onshore non-transportation-related
facilities in adverse weather. It includes
the planned capability to respond to a worst
case discharge in adverse weather, as
contained in a response plan that meets the
requirements in §112.20 or in a specific
plan approved by the Regional Administrator.
Navigable waters means the waters
of the United States, including the
territorial seas. The term includes:
(1) All waters that are currently used,
were used in the past, or may be susceptible
to use in interstate or foreign commerce,
including all waters subject to the ebb and
flow of the tide;
(2) All interstate waters, including
interstate wetlands;
(3) All other waters such as intrastate
lakes, rivers, streams (including
intermittent streams), mudflats, sandflats,
wetlands, sloughs, prairie potholes, wet
meadows, playa lakes, or natural ponds, the
use, degradation, or destruction of which
could affect interstate or foreign commerce
including any such waters:
(i) That are or could be used by
interstate or foreign travelers for
recreational or other purposes; or
(ii) From which fish or shellfish are or
could be taken and sold in interstate or
foreign commerce; or,
(iii) That are or could be used for
industrial purposes by industries in
interstate commerce;
(4) All impoundments of waters otherwise
defined as waters of the United States under
this section;
(5) Tributaries of waters identified in
paragraphs (1) through (4) of this
definition;
(6) The territorial sea; and
(7) Wetlands adjacent to waters (other
than waters that are themselves wetlands)
identified in paragraphs (1) through (6) of
this definition.
Waste treatment systems, including
treatment ponds or lagoons designed to meet
the requirements of the CWA (other than
cooling ponds which also meet the criteria
of this definition) are not waters of the
United States. Navigable waters do not
include prior converted cropland.
Notwithstanding the determination of an
area's status as prior converted cropland by
any other Federal agency, for the purposes
of the CWA, the final authority regarding
CWA jurisdiction remains with EPA.
Non-petroleum oil means oil of any
kind that is not petroleum-based, including
but not limited to: Fats, oils, and greases
of animal, fish, or marine mammal origin;
and vegetable oils, including oils from
seeds, nuts, fruits, and kernels.
Offshore facility means any
facility of any kind (other than a vessel or
public vessel) located in, on, or under any
of the navigable waters of the United
States, and any facility of any kind that is
subject to the jurisdiction of the United
States and is located in, on, or under any
other waters.
Oil means oil of any kind or in
any form, including, but not limited to:
fats, oils, or greases of animal, fish, or
marine mammal origin; vegetable oils,
including oils from seeds, nuts, fruits, or
kernels; and, other oils and greases,
including petroleum, fuel oil, sludge,
synthetic oils, mineral oils, oil refuse, or
oil mixed with wastes other than dredged
spoil.
Oil Spill Removal Organization
means an entity that provides oil spill
response resources, and includes any
for-profit or not-for-profit contractor,
cooperative, or in-house response resources
that have been established in a geographic
area to provide required response resources.
Onshore facility means any
facility of any kind located in, on, or
under any land within the United States,
other than submerged lands.
Owner or operator means any person
owning or operating an onshore facility or
an offshore facility, and in the case of any
abandoned offshore facility, the person who
owned or operated or maintained the facility
immediately prior to such abandonment.
Partially buried tank means a
storage container that is partially inserted
or constructed in the ground, but not
entirely below grade, and not completely
covered with earth, sand, gravel, asphalt,
or other material. A partially buried tank
is considered an aboveground storage
container for purposes of this part.
Permanently closed means any
container or facility for which:
(1) All liquid and sludge has been
removed from each container and connecting
line; and
(2) All connecting lines and piping have
been disconnected from the container and
blanked off, all valves (except for
ventilation valves) have been closed and
locked, and conspicuous signs have been
posted on each container stating that it is
a permanently closed container and noting
the date of closure.
Person includes an individual,
firm, corporation, association, or
partnership.
Petroleum oil means petroleum in
any form, including but not limited to crude
oil, fuel oil, mineral oil, sludge, oil
refuse, and refined products.
Production facility means all
structures (including but not limited to
wells, platforms, or storage facilities),
piping (including but not limited to
flowlines or gathering lines), or equipment
(including but not limited to workover
equipment, separation equipment, or
auxiliary non-transportation-related
equipment) used in the production,
extraction, recovery, lifting,
stabilization, separation or treating of
oil, or associated storage or measurement,
and located in a single geographical oil or
gas field operated by a single operator.
Regional Administrator means the
Regional Administrator of the Environmental
Protection Agency, in and for the Region in
which the facility is located.
Repair means any work necessary to
maintain or restore a container to a
condition suitable for safe operation, other
than that necessary for ordinary, day-to-day
maintenance to maintain the functional
integrity of the container and that does not
weaken the container.
Spill Prevention, Control, and
Countermeasure Plan; SPCC Plan, or Plan
means the document required by
§112.3 that details the
equipment, workforce, procedures, and steps
to prevent, control, and provide adequate
countermeasures to a discharge.
Storage capacity of a container
means the shell capacity of the container.
Transportation-related and
non-transportation-related, as applied
to an onshore or offshore facility, are
defined in the Memorandum of Understanding
between the Secretary of Transportation and
the Administrator of the Environmental
Protection Agency, dated November 24, 1971,
(Appendix A of this part).
United States means the States,
the District of Columbia, the Commonwealth
of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, Guam, American
Samoa, the U.S. Virgin Islands, and the
Pacific Island Governments.
Vegetable oil means a
non-petroleum oil or fat of vegetable
origin, including but not limited to oils
and fats derived from plant seeds, nuts,
fruits, and kernels.
Vessel means every description of
watercraft or other artificial contrivance
used, or capable of being used, as a means
of transportation on water, other than a
public vessel.
Wetlands means those areas that
are inundated or saturated by surface or
groundwater at a frequency or duration
sufficient to support, and that under normal
circumstances do support, a prevalence of
vegetation typically adapted for life in
saturated soil conditions. Wetlands
generally include playa lakes, swamps,
marshes, bogs, and similar areas such as
sloughs, prairie potholes, wet meadows,
prairie river overflows, mudflats, and
natural ponds.
Worst case discharge for an
onshore non-transportation-related facility
means the largest foreseeable discharge in
adverse weather conditions as determined
using the worksheets in Appendix D to this
part.
§112.3 Requirement
to prepare and implement a Spill Prevention,
Control, and Countermeasure Plan.
The owner or operator of an onshore or
offshore facility subject to this section
must prepare a Spill Prevention, Control,
and Countermeasure Plan (hereafter "SPCC
Plan" or "Plan)," in writing, and in
accordance with §112.7,
and any other applicable section of this
part.
(a) If your onshore or offshore facility
was in operation on or before August 16,
2002, you must maintain your Plan, but must
amend it, if necessary to ensure compliance
with this part, on or before August 17,
2004, and must implement the amended Plan as
soon as possible, but not later than
February 18, 2005. If your onshore or
offshore facility becomes operational after
August 16, 2002, through February 18, 2005,
and could reasonably be expected to have a
discharge as described in
§112.1(b), you must prepare a Plan on or
before February 18, 2005, and fully
implement it as soon as possible, but not
later than February 18, 2005.
(b) If you are the owner or operator of
an onshore or offshore facility that becomes
operational after February 18, 2005, and
could reasonably be expected to have a
discharge as described in
§112.1(b), you must prepare and
implement a Plan before you begin
operations.
(c) If you are the owner or operator of
an onshore or offshore mobile facility, such
as an onshore drilling or workover rig,
barge mounted offshore drilling or workover
rig, or portable fueling facility, you must
prepare, implement, and maintain a facility
Plan as required by this section. This
provision does not require that you prepare
a new Plan each time you move the facility
to a new site. The Plan may be a general
plan. When you move the mobile or portable
facility, you must locate and install it
using the discharge prevention practices
outlined in the Plan for the facility. You
may not operate a mobile or portable
facility subject to this regulation unless
you have implemented the Plan. The Plan is
applicable only while the facility is in a
fixed (non-transportation) operating mode.
(d) A licensed Professional Engineer must
review and certify a Plan for it to be
effective to satisfy the requirements of
this part.
(1) By means of this certification the
Professional Engineer attests:
(i) That he is familiar with the
requirements of this part ;
(ii) That he or his agent has visited and
examined the facility;
(iii) That the Plan has been prepared in
accordance with good engineering practice,
including consideration of applicable
industry standards, and with the
requirements of this part;
(iv) That procedures for required
inspections and testing have been
established;
and
(v) That the Plan is adequate for the
facility.
(2) Such certification shall in no way
relieve the owner or operator of a facility
of his duty to prepare and fully implement
such Plan in accordance with the
requirements of this part.
(e) If you are the owner or operator of a
facility for which a Plan is required under
this section, you must:
(1) Maintain a complete copy of the Plan
at the facility if the facility is normally
attended at least four hours per day, or at
the nearest field office if the facility is
not so attended, and
(2) Have the Plan available to the
Regional Administrator for on-site review
during normal working hours.
(f) Extension of time. (1) The
Regional Administrator may authorize an
extension of time for the preparation and
full implementation of a Plan, or any
amendment thereto, beyond the time permitted
for the preparation, implementation, or
amendment of a Plan under this part, when he
finds that the owner or operator of a
facility subject to this section, cannot
fully comply with the requirements as a
result of either nonavailability of
qualified personnel, or delays in
construction or equipment delivery beyond
the control and without the fault of such
owner or operator or his agents or
employees.
(2) If you are an owner or operator
seeking an extension of time under paragraph
(f)(1) of this section, you may submit a
written extension request to the Regional
Administrator. Your request must include:
(i) A full explanation of the cause for
any such delay and the specific aspects of
the Plan affected by the delay;
(ii) A full discussion of actions being
taken or contemplated to minimize or
mitigate such delay; and
(iii) A proposed time schedule for the
implementation of any corrective actions
being taken or contemplated, including
interim dates for completion of tests or
studies, installation and operation of any
necessary equipment, or other preventive
measures. In addition you may present
additional oral or written statements in
support of your extension request.
(3) The submission of a written extension
request under paragraph (f)(2) of this
section does not relieve you of your
obligation to comply with the requirements
of this part. The Regional Administrator may
request a copy of your Plan to evaluate the
extension request. When the Regional
Administrator authorizes an extension of
time for particular equipment or other
specific aspects of the Plan, such extension
does not affect your obligation to comply
with the requirements related to other
equipment or other specific aspects of the
Plan for which the Regional Administrator
has not expressly authorized an extension.
§112.4 Amendment
of Spill Prevention, Control, and
Countermeasure Plan by Regional
Administrator.
If you are the owner or operator of a
facility subject to this part, you must:
(a) Notwithstanding compliance with
§112.3, whenever your
facility has discharged more than 1,000 U.S.
gallons of oil in a single discharge as
described in §112.1(b),
or discharged more than 42 U.S. gallons of
oil in each of two discharges as described
in §112.1(b), occurring
within any twelve month period, submit the
following information to the Regional
Administrator within 60 days from the time
the facility becomes subject to this
section:
(1) Name of the facility;
(2) Your name;
(3) Location of the facility;
(4) Maximum storage or handling capacity
of the facility and normal daily throughput;
(5) Corrective action and countermeasures
you have taken, including a description of
equipment repairs and replacements;
(6) An adequate description of the
facility, including maps, flow diagrams, and
topographical maps, as necessary;
(7) The cause of such discharge as
described in §112.1(b),
including a failure analysis of the system
or subsystem in which the failure occurred;
(8) Additional preventive measures you
have taken or contemplated to minimize the
possibility of recurrence; and
(9) Such other information as the
Regional Administrator may reasonably
require pertinent to the Plan or discharge.
(b) Take no action under
§112.4 until that section applies to
your facility. Section
112.4 does not apply until the
expiration of the time permitted for the
initial preparation and implementation of
the Plan under §112.3,
but not including any amendments to the
Plan.
(c) Send to the appropriate agency or
agencies in charge of oil pollution control
activities in the State in which the
facility is located a complete copy of all
information you provided to the Regional
Administrator under paragraph (a) of this
section. Upon receipt of the information
such State agency or agencies may conduct a
review and make recommendations to the
Regional Administrator as to further
procedures, methods, equipment, and other
requirements necessary to prevent and to
contain discharges from your facility.
(d) Amend your Plan, if after review by
the Regional Administrator of the
information you submit under paragraph (a)
of this section, or submission of
information to EPA by the State agency under
paragraph (c) of this section, or after
on-site review of your Plan, the Regional
Administrator requires that you do so. The
Regional Administrator may require you to
amend your Plan if he finds that it does not
meet the requirements of this part or that
amendment is necessary to prevent and
contain discharges from your facility.
(e) Act in accordance with this paragraph
when the Regional Administrator proposes by
certified mail or by personal delivery that
you amend your SPCC Plan. If the owner or
operator is a corporation, he must also
notify by mail the registered agent of such
corporation, if any and if known, in the
State in which the facility is located. The
Regional Administrator must specify the
terms of such proposed amendment. Within 30
days from receipt of such notice, you may
submit written information, views, and
arguments on the proposed amendment. After
considering all relevant material presented,
the Regional Administrator must either
notify you of any amendment required or
rescind the notice. You must amend your Plan
as required within 30 days after such
notice, unless the Regional Administrator,
for good cause, specifies another effective
date. You must implement the amended Plan as
soon as possible, but not later than six
months after you amend your Plan, unless the
Regional Administrator specifies another
date.
(f) If you appeal a decision made by the
Regional Administrator requiring an
amendment to an SPCC Plan, send the appeal
to the EPA Administrator in writing within
30 days of receipt of the notice from the
Regional Administrator requiring the
amendment under paragraph (e) of this
section. You must send a complete copy of
the appeal to the Regional Administrator at
the time you make the appeal. The appeal
must contain a clear and concise statement
of the issues and points of fact in the
case. It may also contain additional
information from you, or from any other
person. The EPA Administrator may request
additional information from you, or from any
other person. The EPA Administrator must
render a decision within 60 days of
receiving the appeal and must notify you of
his decision.
§112.5 Amendment
of Spill Prevention Control, and
Countermeasure Plan by owners or operators.
If you are the owner or operator of a
facility subject to this part, you must:
(a) Amend the SPCC Plan for your facility
in accordance with the general requirements
in §112.7, and with any
specific section of this part applicable to
your facility, when there is a change in the
facility design, construction, operation, or
maintenance that materially affects its
potential for a discharge as described in
§112.1(b). Examples of
changes that may require amendment of the
Plan include, but are not limited to:
commissioning or decommissioning containers;
replacement, reconstruction, or movement of
containers; reconstruction, replacement, or
installation of piping systems; construction
or demolition that might alter secondary
containment structures; changes of product
or service; or revision of standard
operation or maintenance procedures at a
facility. An amendment made under this
section must be prepared within six months,
and implemented as soon as possible, but not
later than six months following preparation
of the amendment.
(b) Notwithstanding compliance with
paragraph (a) of this section, complete a
review and evaluation of the SPCC Plan at
least once every five years from the date
your facility becomes subject to this part;
or, if your facility was in operation on or
before August 16, 2002, five years from the
date your last review was required under
this part. As a result of this review and
evaluation, you must amend your SPCC Plan
within six months of the review to include
more effective prevention and control
technology if the technology has been
field-proven at the time of the review and
will significantly reduce the likelihood of
a discharge as described in
§112.1(b) from the facility. You must
implement any amendment as soon as possible,
but not later than six months following
preparation of any amendment. You must
document your completion of the review and
evaluation, and must sign a statement as to
whether you will amend the Plan, either at
the beginning or end of the Plan or in a log
or an appendix to the Plan. The following
words will suffice, "I have completed review
and evaluation of the SPCC Plan for (name of
facility) on (date), and will (will not)
amend the Plan as a result."
(c) Have a Professional Engineer certify
any technical amendment to your Plan in
accordance with §112.3(d).
§112.6 [Reserved]
§112.7 General
requirements for Spill Prevention, Control,
and Countermeasure Plans.
If you are the owner or operator of a
facility subject to this part you must
prepare a Plan in accordance with good
engineering practices. The Plan must have
the full approval of management at a level
of authority to commit the necessary
resources to fully implement the Plan. You
must prepare the Plan in writing. If you do
not follow the sequence specified in this
section for the Plan, you must prepare an
equivalent Plan acceptable to the Regional
Administrator that meets all of the
applicable requirements listed in this part,
and you must supplement it with a section
cross-referencing the location of
requirements listed in this part and the
equivalent requirements in the other
prevention plan. If the Plan calls for
additional facilities or procedures,
methods, or equipment not yet fully
operational, you must discuss these items in
separate paragraphs, and must explain
separately the details of installation and
operational start-up. As detailed elsewhere
in this section, you must also:
(a)(1) Include a discussion of your
facility's conformance with the requirements
listed in this part.
(2) Comply with all applicable
requirements listed in this part. Your Plan
may deviate from the requirements in
paragraphs (g), (h)(2) and (3), and (i) of
this section and the requirements in
subparts B and C, except the secondary
containment requirements in paragraphs (c)
and (h)(1) of this section, and §§112.8(c)(2),
112.8(c)(11),
112.9(c)(2),
112.10(c),
112.12(c)(2),
112.12(c)(11),
112.13(c)(2), and
112.14(c), where
applicable to a specific facility, if you
provide equivalent environmental protection
by some other means of spill prevention,
control, or countermeasure. Where your Plan
does not conform to the applicable
requirements in paragraphs (g), (h)(2) and
(3), and (i) of this section, or the
requirements of subparts B, and C, except
the secondary containment requirements in
paragraphs (c) and (h)(1) of this section,
and §§112.8(c)(2),
112.8(c)(11),
112.9(c)(2),
112.10(c),
112.12(c)(2),
112.12(c)(11),
112.13(c)(2), and
112.14(c), you must
state the reasons for nonconformance in your
Plan and describe in detail alternate
methods and how you will achieve equivalent
environmental protection. If the Regional
Administrator determines that the measures
described in your Plan do not provide
equivalent environmental protection, he may
require that you amend your Plan, following
the procedures in §112.4(d)
and (e).
(3) Describe in your Plan the physical
layout of the facility and include a
facility diagram, which must mark the
location and contents of each container. The
facility diagram must include completely
buried tanks that are otherwise exempted
from the requirements of this part under
§112.1(d)(4). The
facility diagram must also include all
transfer stations and connecting pipes. You
must also address in your Plan:
(i) The type of oil in each container and
its storage capacity;
(ii) Discharge prevention measures
including procedures for routine handling of
products (loading, unloading, and facility
transfers, etc.);
(iii) Discharge or drainage controls such
as secondary containment around containers
and other structures, equipment, and
procedures for the control of a discharge;
(iv) Countermeasures for discharge
discovery, response, and cleanup (both the
facility's capability and those that might
be required of a contractor);
(v) Methods of disposal of recovered
materials in accordance with applicable
legal requirements; and
(vi) Contact list and phone numbers for
the facility response coordinator, National
Response Center, cleanup contractors with
whom you have an agreement for response, and
all appropriate Federal, State, and local
agencies who must be contacted in case of a
discharge as described in
§112.1(b).
(4) Unless you have submitted a response
plan under §112.20, provide information and
procedures in your Plan to enable a person
reporting a discharge as described in
§112.1(b) to relate
information on the exact address or location
and phone number of the facility; the date
and time of the discharge, the type of
material discharged; estimates of the total
quantity discharged; estimates of the
quantity discharged as described in
§112.1(b); the source
of the discharge; a description of all
affected media; the cause of the discharge;
any damages or injuries caused by the
discharge; actions being used to stop,
remove, and mitigate the effects of the
discharge; whether an evacuation may be
needed; and, the names of individuals and/or
organizations who have also been contacted.
(5) Unless you have submitted a response
plan under §112.20, organize portions of the
Plan describing procedures you will use when
a discharge occurs in a way that will make
them readily usable in an emergency, and
include appropriate supporting material as
appendices.
(b) Where experience indicates a
reasonable potential for equipment failure
(such as loading or unloading equipment,
tank overflow, rupture, or leakage, or any
other equipment known to be a source of a
discharge), include in your Plan a
prediction of the direction, rate of flow,
and total quantity of oil which could be
discharged from the facility as a result of
each type of major equipment failure.
(c) Provide appropriate containment
and/or diversionary structures or equipment
to prevent a discharge as described in
§112.1(b). The entire
containment system, including walls and
floor, must be capable of containing oil and
must be constructed so that any discharge
from a primary containment system, such as a
tank or pipe, will not escape the
containment system before cleanup occurs. At
a minimum, you must use one of the following
prevention systems or its equivalent:
(1) For onshore facilities:
(i) Dikes, berms, or retaining walls
sufficiently impervious to contain oil;
(ii) Curbing;
(iii) Culverting, gutters, or other
drainage systems;
(iv) Weirs, booms, or other barriers;
(v) Spill diversion ponds;
(vi) Retention ponds; or
(vii) Sorbent materials.
(2) For offshore facilities:
(i) Curbing or drip pans; or
(ii) Sumps and collection systems.
(d) If you determine that the
installation of any of the structures or
pieces of equipment listed in paragraphs (c)
and (h)(1) of this section, and §§112.8(c)(2),
112.8(c)(11),
112.9(c)(2),
112.10(c),
112.12(c)(2),
112.12(c)(11),
112.13(c)(2), and
112.14(c) to prevent a
discharge as described in
§112.1(b) from any onshore or offshore
facility is not practicable, you must
clearly explain in your Plan why such
measures are not practicable; for bulk
storage containers, conduct both periodic
integrity testing of the containers and
periodic integrity and leak testing of the
valves and piping; and, unless you have
submitted a response plan under §112.20,
provide in your Plan the following:
(1) An oil spill contingency plan
following the provisions of part 109 of this
chapter.
(2) A written commitment of manpower,
equipment, and materials required to
expeditiously control and remove any
quantity of oil discharged that may be
harmful.
(e) Inspections, tests, and records.
Conduct inspections and tests required by
this part in accordance with written
procedures that you or the certifying
engineer develop for the facility. You must
keep these written procedures and a record
of the inspections and tests, signed by the
appropriate supervisor or inspector, with
the SPCC Plan for a period of three years.
Records of inspections and tests kept under
usual and customary business practices will
suffice for purposes of this paragraph.
(f) Personnel, training, and discharge
prevention procedures. (1) At a minimum,
train your oil-handling personnel in the
operation and maintenance of equipment to
prevent discharges; discharge procedure
protocols; applicable pollution control
laws, rules, and regulations; general
facility operations; and, the contents of
the facility SPCC Plan.
(2) Designate a person at each applicable
facility who is accountable for discharge
prevention and who reports to facility
management.
(3) Schedule and conduct discharge
prevention briefings for your oil-handling
personnel at least once a year to assure
adequate understanding of the SPCC Plan for
that facility. Such briefings must highlight
and describe known discharges as described
in §112.1(b) or
failures, malfunctioning components, and any
recently developed precautionary measures.
(g) Security (excluding oil production
facilities). (1) Fully fence each
facility handling, processing, or storing
oil, and lock and/or guard entrance gates
when the facility is not in production or is
unattended.
(2) Ensure that the master flow and drain
valves and any other valves permitting
direct outward flow of the container's
contents to the surface have adequate
security measures so that they remain in the
closed position when in non-operating or
non-standby status.
(3) Lock the starter control on each oil
pump in the "off" position and locate it at
a site accessible only to authorized
personnel when the pump is in a
non-operating or non-standby status.
(4) Securely cap or blank-flange the
loading/unloading connections of oil
pipelines or facility piping when not in
service or when in standby service for an
extended time. This security practice also
applies to piping that is emptied of liquid
content either by draining or by inert gas
pressure.
(5) Provide facility lighting
commensurate with the type and location of
the facility that will assist in the:
(i) Discovery of discharges occurring
during hours of darkness, both by operating
personnel, if present, and by non-operating
personnel (the general public, local police,
etc.); and
(ii) Prevention of discharges occurring
through acts of vandalism.
(h) Facility tank car and tank truck
loading/unloading rack (excluding offshore
facilities). (1) Where loading/unloading
area drainage does not flow into a catchment
basin or treatment facility designed to
handle discharges, use a quick drainage
system for tank car or tank truck loading
and unloading areas. You must design any
containment system to hold at least the
maximum capacity of any single compartment
of a tank car or tank truck loaded or
unloaded at the facility.
(2) Provide an interlocked warning light
or physical barrier system, warning signs,
wheel chocks, or vehicle break interlock
system in loading/unloading areas to prevent
vehicles from departing before complete
disconnection of flexible or fixed oil
transfer lines.
(3) Prior to filling and departure of any
tank car or tank truck, closely inspect for
discharges the lowermost drain and all
outlets of such vehicles, and if necessary,
ensure that they are tightened, adjusted, or
replaced to prevent liquid discharge while
in transit.
(i) If a field-constructed aboveground
container undergoes a repair, alteration,
reconstruction, or a change in service that
might affect the risk of a discharge or
failure due to brittle fracture or other
catastrophe, or has discharged oil or failed
due to brittle fracture failure or other
catastrophe, evaluate the container for risk
of discharge or failure due to brittle
fracture or other catastrophe, and as
necessary, take appropriate action.
(j) In addition to the minimal prevention
standards listed under this section, include
in your Plan a complete discussion of
conformance with the applicable requirements
and other effective discharge prevention and
containment procedures listed in this part
or any applicable more stringent State
rules, regulations, and guidelines.
SUBPART B - Requirements for Petroleum
Oils and Non-petroleum Oils, Except Animal
Fats and Oils and Greases, and Fish and
Marine Mammal Oils; and Vegetable Oils
(Including Oils from Seeds, Nuts, Fruits,
and Kernels).
Sec.
112.8 Spill Prevention,
Control, and Countermeasure Plan
requirements for onshore facilities
(excluding production facilities).
112.9 Spill Prevention,
Control, and Countermeasure Plan
requirements for onshore oil production
facilities.
112.10 Spill
Prevention, Control, and Countermeasure Plan
requirements for onshore oil drilling and
workover facilities.
112.11 Spill
Prevention, Control, and Countermeasure Plan
requirements for offshore oil drilling,
production, or workover facilities.
§112.8 Spill
Prevention, Control, and Countermeasure Plan
requirements for onshore facilities
(excluding production facilities).
If you are the owner or operator of an
onshore facility (excluding a production
facility), you must:
(a) Meet the general requirements for the
Plan listed under §112.7,
and the specific discharge prevention and
containment procedures listed in this
section.
(b) Facility drainage. (1)
Restrain drainage from diked storage areas
by valves to prevent a discharge into the
drainage system or facility effluent
treatment system, except where facility
systems are designed to control such
discharge. You may empty diked areas by
pumps or ejectors; however, you must
manually activate these pumps or ejectors
and must inspect the condition of the
accumulation before starting, to ensure no
oil will be discharged.
(2) Use valves of manual, open-and-closed
design, for the drainage of diked areas. You
may not use flapper-type drain valves to
drain diked areas. If your facility drainage
drains directly into a watercourse and not
into an on-site wastewater treatment plant,
you must inspect and may drain
uncontaminated retained stormwater, as
provided in paragraphs (c)(3)(ii), (iii),
and (iv) of this section.
(3) Design facility drainage systems from
undiked areas with a potential for a
discharge (such as where piping is located
outside containment walls or where tank
truck discharges may occur outside the
loading area) to flow into ponds, lagoons,
or catchment basins designed to retain oil
or return it to the facility. You must not
locate catchment basins in areas subject to
periodic flooding.
(4) If facility drainage is not
engineered as in paragraph (b)(3) of this
section, equip the final discharge of all
ditches inside the facility with a diversion
system that would, in the event of an
uncontrolled discharge, retain oil in the
facility.
(5) Where drainage waters are treated in
more than one treatment unit and such
treatment is continuous, and pump transfer
is needed, provide two "lift" pumps and
permanently install at least one of the
pumps. Whatever techniques you use, you must
engineer facility drainage systems to
prevent a discharge as described in
§112.1(b) in case there
is an equipment failure or human error at
the facility.
(c) Bulk storage containers. (1)
Not use a container for the storage of oil
unless its material and construction are
compatible with the material stored and
conditions of storage such as pressure and
temperature.
(2) Construct all bulk storage container
installations so that you provide a
secondary means of containment for the
entire capacity of the largest single
container and sufficient freeboard to
contain precipitation. You must ensure that
diked areas are sufficiently impervious to
contain discharged oil. Dikes, containment
curbs, and pits are commonly employed for
this purpose. You may also use an
alternative system consisting of a drainage
trench enclosure that must be arranged so
that any discharge will terminate and be
safely confined in a facility catchment
basin or holding pond.
(3) Not allow drainage of uncontaminated
rainwater from the diked area into a storm
drain or discharge of an effluent into an
open watercourse, lake, or pond, bypassing
the facility treatment system unless you:
(i) Normally keep the bypass valve sealed
closed.
(ii) Inspect the retained rainwater to
ensure that its presence will not cause a
discharge as described in
§112.1(b).
(iii) Open the bypass valve and reseal it
following drainage under responsible
supervision; and
(iv) Keep adequate records of such
events, for example, any records required
under permits issued in accordance with
§§122.41(j)(2) and 122.41(m)(3) of this
chapter.
(4) Protect any completely buried
metallic storage tank installed on or after
January 10, 1974 from corrosion by coatings
or cathodic protection compatible with local
soil conditions. You must regularly leak
test such completely buried metallic storage
tanks.
(5) Not use partially buried or bunkered
metallic tanks for the storage of oil,
unless you protect the buried section of the
tank from corrosion. You must protect
partially buried and bunkered tanks from
corrosion by coatings or cathodic protection
compatible with local soil conditions.
(6) Test each aboveground container for
integrity on a regular schedule, and
whenever you make material repairs. The
frequency of and type of testing must take
into account container size and design (such
as floating roof, skid-mounted, elevated, or
partially buried). You must combine visual
inspection with another testing technique
such as hydrostatic testing, radiographic
testing, ultrasonic testing, acoustic
emissions testing, or another system of
non-destructive shell testing. You must keep
comparison records and you must also inspect
the container's supports and foundations. In
addition, you must frequently inspect the
outside of the container for signs of
deterioration, discharges, or accumulation
of oil inside diked areas. Records of
inspections and tests kept under usual and
customary business practices will suffice
for purposes of this paragraph.
(7) Control leakage through defective
internal heating coils by monitoring the
steam return and exhaust lines for
contamination from internal heating coils
that discharge into an open watercourse, or
pass the steam return or exhaust lines
through a settling tank, skimmer, or other
separation or retention system.
(8) Engineer or update each container
installation in accordance with good
engineering practice to avoid discharges.
You must provide at least one of the
following devices:
(i) High liquid level alarms with an
audible or visual signal at a constantly
attended operation or surveillance station.
In smaller facilities an audible air vent
may suffice.
(ii) High liquid level pump cutoff
devices set to stop flow at a predetermined
container content level.
(iii) Direct audible or code signal
communication between the container gauger
and the pumping station.
(iv) A fast response system for
determining the liquid level of each bulk
storage container such as digital computers,
telepulse, or direct vision gauges. If you
use this alternative, a person must be
present to monitor gauges and the overall
filling of bulk storage containers.
(v) You must regularly test liquid level
sensing devices to ensure proper operation.
(9) Observe effluent treatment facilities
frequently enough to detect possible system
upsets that could cause a discharge as
described in §112.1(b).
(10) Promptly correct visible discharges
which result in a loss of oil from the
container, including but not limited to
seams, gaskets, piping, pumps, valves,
rivets, and bolts. You must promptly remove
any accumulations of oil in diked areas.
(11) Position or locate mobile or
portable oil storage containers to prevent a
discharge as described in
§112.1(b). You must furnish a secondary
means of containment, such as a dike or
catchment basin, sufficient to contain the
capacity of the largest single compartment
or container with sufficient freeboard to
contain precipitation.
(d) Facility transfer operations,
pumping, and facility process. (1)
Provide buried piping that is installed or
replaced on or after August 16, 2002, with a
protective wrapping and coating. You must
also cathodically protect such buried piping
installations or otherwise satisfy the
corrosion protection standards for piping in
part 280 of this chapter or a State program
approved under part 281 of this chapter. If
a section of buried line is exposed for any
reason, you must carefully inspect it for
deterioration. If you find corrosion damage,
you must undertake additional examination
and corrective action as indicated by the
magnitude of the damage.
(2) Cap or blank-flange the terminal
connection at the transfer point and mark it
as to origin when piping is not in service
or is in standby service for an extended
time.
(3) Properly design pipe supports to
minimize abrasion and corrosion and allow
for expansion and contraction.
(4) Regularly inspect all aboveground
valves, piping, and appurtenances. During
the inspection you must assess the general
condition of items, such as flange joints,
expansion joints, valve glands and bodies,
catch pans, pipeline supports, locking of
valves, and metal surfaces. You must also
conduct integrity and leak testing of buried
piping at the time of installation,
modification, construction, relocation, or
replacement.
(5) Warn all vehicles entering the
facility to be sure that no vehicle will
endanger aboveground piping or other oil
transfer operations.
§112.9 Spill
Prevention, Control, and Countermeasure Plan
requirements for onshore oil production
facilities.
If you are the owner or operator of an
onshore production facility, you must:
(a) Meet the general requirements for the
Plan listed under §112.7,
and the specific discharge prevention and
containment procedures listed under this
section.
(b) Oil production facility drainage. (1)
At tank batteries and separation and
treating areas where there is a reasonable
possibility of a discharge as described in
§112.1(b), close and
seal at all times drains of dikes or drains
of equivalent measures required under
§112.7(c)(1), except
when draining uncontaminated rainwater.
Prior to drainage, you must inspect the
diked area and take action as provided in
§112.8(c)(3)(ii),
(iii), and (iv). You must remove accumulated
oil on the rainwater and return it to
storage or dispose of it in accordance with
legally approved methods.
(2) Inspect at regularly scheduled
intervals field drainage systems (such as
drainage ditches or road ditches), and oil
traps, sumps, or skimmers, for an
accumulation of oil that may have resulted
from any small discharge. You must promptly
remove any accumulations of oil.
(c) Oil production facility bulk
storage containers. (1) Not use a
container for the storage of oil unless its
material and construction are compatible
with the material stored and the conditions
of storage.
(2) Provide all tank battery, separation,
and treating facility installations with a
secondary means of containment for the
entire capacity of the largest single
container and sufficient freeboard to
contain precipitation. You must safely
confine drainage from undiked areas in a
catchment basin or holding pond.
(3) Periodically and upon a regular
schedule visually inspect each container of
oil for deterioration and maintenance needs,
including the foundation and support of each
container that is on or above the surface of
the ground.
(4) Engineer or update new and old tank
battery installations in accordance with
good engineering practice to prevent
discharges. You must provide at least one of
the following:
(i) Container capacity adequate to assure
that a container will not overfill if a
pumper/gauger is delayed in making regularly
scheduled rounds.
(ii) Overflow equalizing lines between
containers so that a full container can
overflow to an adjacent container.
(iii) Vacuum protection adequate to
prevent container collapse during a pipeline
run or other transfer of oil from the
container.
(iv) High level sensors to generate and
transmit an alarm signal to the computer
where the facility is subject to a computer
production control system.
(d) Facility transfer operations, oil
production facility. (1) Periodically
and upon a regular schedule inspect all
aboveground valves and piping associated
with transfer operations for the general
condition of flange joints, valve glands and
bodies, drip pans, pipe supports, pumping
well polish rod stuffing boxes, bleeder and
gauge valves, and other such items.
(2) Inspect saltwater (oil field brine)
disposal facilities often, particularly
following a sudden change in atmospheric
temperature, to detect possible system
upsets capable of causing a discharge.
(3) Have a program of flowline
maintenance to prevent discharges from each
flowline.
§112.10 Spill
Prevention, Control, and Countermeasure Plan
requirements for onshore oil drilling and
workover facilities.
If you are the owner or operator of an
onshore oil drilling and workover facility,
you must:
(a) Meet the general requirements listed
under §112.7, and also
meet the specific discharge prevention and
containment procedures listed under this
section.
(b) Position or locate mobile drilling or
workover equipment so as to prevent a
discharge as described in
§112.1(b).
(c) Provide catchment basins or diversion
structures to intercept and contain
discharges of fuel, crude oil, or oily
drilling fluids.
(d) Install a blowout prevention (BOP)
assembly and well control system before
drilling below any casing string or during
workover operations. The BOP assembly and
well control system must be capable of
controlling any well-head pressure that may
be encountered while that BOP assembly and
well control system are on the well.
§112.11 Spill
Prevention, Control, and Countermeasure Plan
requirements for offshore oil drilling,
production, or workover facilities.
If you are the owner or operator of an
offshore oil drilling, production, or
workover facility, you must:
(a) Meet the general requirements listed
under §112.7, and also
meet the specific discharge prevention and
containment procedures listed under this
section.
(b) Use oil drainage collection equipment
to prevent and control small oil discharges
around pumps, glands, valves, flanges,
expansion joints, hoses, drain lines,
separators, treaters, tanks, and associated
equipment. You must control and direct
facility drains toward a central collection
sump to prevent the facility from having a
discharge as described in
§112.1(b). Where drains and sumps are
not practicable, you must remove oil
contained in collection equipment as often
as necessary to prevent overflow.
(c) For facilities employing a sump
system, provide adequately sized sump and
drains and make available a spare pump to
remove liquid from the sump and assure that
oil does not escape. You must employ a
regularly scheduled preventive maintenance
inspection and testing program to assure
reliable operation of the liquid removal
system and pump start-up device. Redundant
automatic sump pumps and control devices may
be required on some installations.
(d) At facilities with areas where
separators and treaters are equipped with
dump valves which predominantly fail in the
closed position and where pollution risk is
high, specially equip the facility to
prevent the discharge of oil. You must
prevent the discharge of oil by:
(1) Extending the flare line to a diked
area if the separator is near shore;
(2) Equipping the separator with a high
liquid level sensor that will automatically
shut in wells producing to the separator; or
(3) Installing parallel redundant dump
valves.
(e) Equip atmospheric storage or surge
containers with high liquid level sensing
devices that activate an alarm or control
the flow, or otherwise prevent discharges.
(f) Equip pressure containers with high
and low pressure sensing devices that
activate an alarm or control the flow.
(g) Equip containers with suitable
corrosion protection.
(h) Prepare and maintain at the facility
a written procedure within the Plan for
inspecting and testing pollution prevention
equipment and systems.
(i) Conduct testing and inspection of the
pollution prevention equipment and systems
at the facility on a scheduled periodic
basis, commensurate with the complexity,
conditions, and circumstances of the
facility and any other appropriate
regulations. You must use simulated
discharges for testing and inspecting human
and equipment pollution control and
countermeasure systems.
(j) Describe in detailed records surface
and subsurface well shut-in valves and
devices in use at the facility for each well
sufficiently to determine their method of
activation or control, such as pressure
differential, change in fluid or flow
conditions, combination of pressure and
flow, manual or remote control mechanisms.
(k) Install a BOP assembly and well
control system during workover operations
and before drilling below any casing string.
The BOP assembly and well control system
must be capable of controlling any well-head
pressure that may be encountered while the
BOP assembly and well control system are on
the well.
(l) Equip all manifolds (headers) with
check valves on individual flowlines.
(m) Equip the flowline with a high
pressure sensing device and shut-in valve at
the wellhead if the shut-in well pressure is
greater than the working pressure of the
flowline and manifold valves up to and
including the header valves. Alternatively
you may provide a pressure relief system for
flowlines.
(n) Protect all piping appurtenant to the
facility from corrosion, such as with
protective coatings or cathodic protection.
(o) Adequately protect sub-marine piping
appurtenant to the facility against
environmental stresses and other activities
such as fishing operations.
(p) Maintain sub-marine piping
appurtenant to the facility in good
operating condition at all times. You must
periodically and according to a schedule
inspect or test such piping for failures.
You must document and keep a record of such
inspections or tests at the facility.
SUBPART C - Requirements for Animal
Fats and Oils and Greases, and Fish and
Marine Mammal Oils; and for Vegetable Oils,
including Oils from Seeds, Nuts, Fruits, and
Kernels.
Sec.
112.12 Spill
Prevention, Control, and Countermeasure Plan
requirements for onshore facilities
(excluding production facilities).
112.13 Spill
Prevention, Control, and Countermeasure Plan
requirements for onshore oil production
facilities.
112.14 Spill
Prevention, Control, and Countermeasure Plan
requirements for onshore oil drilling and
workover facilities.
112.15 Spill
Prevention, Control, and Countermeasure Plan
requirements for offshore oil drilling,
production, or workover facilities.
§112.12 Spill
Prevention, Control, and Countermeasure Plan
requirements for onshore facilities
(excluding production facilities).
If you are the owner or operator of an
onshore facility (excluding a production
facility), you must:
(a) Meet the general requirements for the
Plan listed under §112.7,
and the specific discharge prevention and
containment procedures listed in this
section.
(b) Facility drainage. (1)
Restrain drainage from diked storage areas
by valves to prevent a discharge into the
drainage system or facility effluent
treatment system, except where facility
systems are designed to control such
discharge. You may empty diked areas by
pumps or ejectors; however, you must
manually activate these pumps or ejectors
and must inspect the condition of the
accumulation before starting, to ensure no
oil will be discharged.
(2) Use valves of manual, open-and-closed
design, for the drainage of diked areas. You
may not use flapper-type drain valves to
drain diked areas. If your facility drainage
drains directly into a watercourse and not
into an on-site wastewater treatment plant,
you must inspect and may drain
uncontaminated retained stormwater, subject
to the requirements of paragraphs
(c)(3)(ii), (iii), and (iv) of this section.
(3) Design facility drainage systems from
undiked areas with a potential for a
discharge (such as where piping is located
outside containment walls or where tank
truck discharges may occur outside the
loading area) to flow into ponds, lagoons,
or catchment basins designed to retain oil
or return it to the facility. You must not
locate catchment basins in areas subject to
periodic flooding.
(4) If facility drainage is not
engineered as in paragraph (b)(3) of this
section, equip the final discharge of all
ditches inside the facility with a diversion
system that would, in the event of an
uncontrolled discharge, retain oil in the
facility.
(5) Where drainage waters are treated in
more than one treatment unit and such
treatment is continuous, and pump transfer
is needed, provide two "lift" pumps and
permanently install at least one of the
pumps. Whatever techniques you use, you must
engineer facility drainage systems to
prevent a discharge as described in
§112.1(b) in case there
is an equipment failure or human error at
the facility.
(c) Bulk storage containers. (1)
Not use a container for the storage of oil
unless its material and construction are
compatible with the material stored and
conditions of storage such as pressure and
temperature.
(2) Construct all bulk storage container
installations so that you provide a
secondary means of containment for the
entire capacity of the largest single
container and sufficient freeboard to
contain precipitation. You must ensure that
diked areas are sufficiently impervious to
contain discharged oil. Dikes, containment
curbs, and pits are commonly employed for
this purpose. You may also use an
alternative system consisting of a drainage
trench enclosure that must be arranged so
that any discharge will terminate and be
safely confined in a facility catchment
basin or holding pond.
(3) Not allow drainage of uncontaminated
rainwater from the diked area into a storm
drain or discharge of an effluent into an
open watercourse, lake, or pond, bypassing
the facility treatment system unless you:
(i) Normally keep the bypass valve sealed
closed.
(ii) Inspect the retained rainwater to
ensure that its presence will not cause a
discharge as described in
§112.1(b).
(iii) Open the bypass valve and reseal it
following drainage under responsible
supervision; and
(iv) Keep adequate records of such
events, for example, any records required
under permits issued in accordance with
§§122.41(j)(2) and 122.41(m)(3) of this
chapter.
(4) Protect any completely buried
metallic storage tank installed on or after
January 10, 1974 from corrosion by coatings
or cathodic protection compatible with local
soil conditions. You must regularly leak
test such completely buried metallic storage
tanks.
(5) Not use partially buried or bunkered
metallic tanks for the storage of oil,
unless you protect the buried section of the
tank from corrosion. You must protect
partially buried and bunkered tanks from
corrosion by coatings or cathodic protection
compatible with local soil conditions.
(6) Test each aboveground container for
integrity on a regular schedule, and
whenever you make material repairs. The
frequency of and type of testing must take
into account container size and design (such
as floating roof, skid-mounted, elevated, or
partially buried). You must combine visual
inspection with another testing technique
such as hydrostatic testing, radiographic
testing, ultrasonic testing, acoustic
emissions testing, or another system of
non-destructive shell testing. You must keep
comparison records and you must also inspect
the container's supports and foundations. In
addition, you must frequently inspect the
outside of the container for signs of
deterioration, discharges, or accumulation
of oil inside diked areas. Records of
inspections and tests kept under usual and
customary business practices will suffice
for purposes of this paragraph.
(7) Control leakage through defective
internal heating coils by monitoring the
steam return and exhaust lines for
contamination from internal heating coils
that discharge into an open watercourse, or
pass the steam return or exhaust lines
through a settling tank, skimmer, or other
separation or retention system.
(8) Engineer or update each container
installation in accordance with good
engineering practice to avoid discharges.
You must provide at least one of the
following devices:
(i) High liquid level alarms with an
audible or visual signal at a constantly
attended operation or surveillance station.
In smaller facilities an audible air vent
may suffice.
(ii) High liquid level pump cutoff
devices set to stop flow at a predetermined
container content level.
(iii) Direct audible or code signal
communication between the container gauger
and the pumping station.
(iv) A fast response system for
determining the liquid level of each bulk
storage container such as digital computers,
telepulse, or direct vision gauges. If you
use this alternative, a person must be
present to monitor gauges and the overall
filling of bulk storage containers.
(v) You must regularly test liquid level
sensing devices to ensure proper operation.
(9) Observe effluent treatment facilities
frequently enough to detect possible system
upsets that could cause a discharge as
described in §112.1(b).
(10) Promptly correct visible discharges
which result in a loss of oil from the
container, including but not limited to
seams, gaskets, piping, pumps, valves,
rivets, and bolts. You must promptly remove
any accumulations of oil in diked areas.
(11) Position or locate mobile or
portable oil storage containers to prevent a
discharge as described in
§112.1(b). You must furnish a secondary
means of containment, such as a dike or
catchment basin, sufficient to contain the
capacity of the largest single compartment
or container with sufficient freeboard to
contain precipitation.
(d) Facility transfer operations,
pumping, and facility process. (1)
Provide buried piping that is installed or
replaced on or after August 16, 2002, with a
protective wrapping and coating. You must
also cathodically protect such buried piping
installations or otherwise satisfy the
corrosion protection standards for piping in
part 280 of this chapter or a State program
approved under part 281 of this chapter. If
a section of buried line is exposed for any
reason, you must carefully inspect it for
deterioration. If you find corrosion damage,
you must undertake additional examination
and corrective action as indicated by the
magnitude of the damage.
(2) Cap or blank-flange the terminal
connection at the transfer point and mark it
as to origin when piping is not in service
or is in standby service for an extended
time.
(3) Properly design pipe supports to
minimize abrasion and corrosion and allow
for expansion and contraction.
(4) Regularly inspect all aboveground
valves, piping, and appurtenances. During
the inspection you must assess the general
condition of items, such as flange joints,
expansion joints, valve glands and bodies,
catch pans, pipeline supports, locking of
valves, and metal surfaces. You must also
conduct integrity and leak testing of buried
piping at the time of installation,
modification, construction, relocation, or
replacement.
(5) Warn all vehicles entering the
facility to be sure that no vehicle will
endanger aboveground piping or other oil
transfer operations.
§112.13 Spill
Prevention, Control, and Countermeasure Plan
requirements for onshore oil production
facilities.
If you are the owner or operator of an
onshore production facility, you must:
(a) Meet the general requirements for the
Plan listed under §112.7,
and the specific discharge prevention and
containment procedures listed under this
section.
(b) Oil production facility drainage.
(1) At tank batteries and separation and
treating areas where there is a reasonable
possibility of a discharge as described in
§112.1(b), close and
seal at all times drains of dikes or drains
of equivalent measures required under
§112.7(c)(1), except
when draining uncontaminated rainwater.
Prior to drainage, you must inspect the
diked area and take action as provided in
§112.12(c)(3)(ii),
(iii), and (iv). You must remove accumulated
oil on the rainwater and return it to
storage or dispose of it in accordance with
legally approved methods.
(2) Inspect at regularly scheduled
intervals field drainage systems (such as
drainage ditches or road ditches), and oil
traps, sumps, or skimmers, for an
accumulation of oil that may have resulted
from any small discharge. You must promptly
remove any accumulations of oil.
(c) Oil production facility bulk
storage containers. (1) Not use a
container for the storage of oil unless its
material and construction are compatible
with the material stored and the conditions
of storage.
(2) Provide all tank battery, separation,
and treating facility installations with a
secondary means of containment for the
entire capacity of the largest single
container and sufficient freeboard to
contain precipitation. You must safely
confine drainage from undiked areas in a
catchment basin or holding pond.
(3) Periodically and upon a regular
schedule visually inspect each container of
oil for deterioration and maintenance needs,
including the foundation and support of each
container that is on or above the surface of
the ground.
(4) Engineer or update new and old tank
battery installations in accordance with
good engineering practice to prevent
discharges. You must provide at least one of
the following:
(i) Container capacity adequate to assure
that a container will not overfill if a
pumper/gauger is delayed in making regularly
scheduled rounds.
(ii) Overflow equalizing lines between
containers so that a full container can
overflow to an adjacent container.
(iii) Vacuum protection adequate to
prevent container collapse during a pipeline
run or other transfer of oil from the
container.
(iv) High level sensors to generate and
transmit an alarm signal to the computer
where the facility is subject to a computer
production control system.
(d) Facility transfer operations, oil
production facility. (1) Periodically
and upon a regular schedule inspect all
aboveground valves and piping associated
with transfer operations for the general
condition of flange joints, valve glands and
bodies, drip pans, pipe supports, pumping
well polish rod stuffing boxes, bleeder and
gauge valves, and other such items.
(2) Inspect saltwater (oil field brine)
disposal facilities often, particularly
following a sudden change in atmospheric
temperature, to detect possible system
upsets capable of causing a discharge.
(3) Have a program of flowline
maintenance to prevent discharges from each
flowline.
§112.14 Spill
Prevention, Control, and Countermeasure Plan
requirements for onshore oil drilling and
workover facilities.
If you are the owner or operator of an
onshore oil drilling and workover facility,
you must:
(a) Meet the general requirements listed
under §112.7, and also
meet the specific discharge prevention and
containment procedures listed under this
section.
(b) Position or locate mobile drilling or
workover equipment so as to prevent a
discharge as described in
§112.1(b).
(c) Provide catchment basins or diversion
structures to intercept and contain
discharges of fuel, crude oil, or oily
drilling fluids.
(d) Install a blowout prevention (BOP)
assembly and well control system before
drilling below any casing string or during
workover operations. The BOP assembly and
well control system must be capable of
controlling any well-head pressure that may
be encountered while that BOP assembly and
well control system are on the well.
§112.15 Spill
Prevention, Control, and Countermeasure Plan
requirements for offshore oil drilling,
production, or workover facilities.
If you are the owner or operator of an
offshore oil drilling, production, or
workover facility, you must:
(a) Meet the general requirements listed
under §112.7, and also
meet the specific discharge prevention and
containment procedures listed under this
section.
(b) Use oil drainage collection equipment
to prevent and control small oil discharges
around pumps, glands, valves, flanges,
expansion joints, hoses, drain lines,
separators, treaters, tanks, and associated
equipment. You must control and direct
facility drains toward a central collection
sump to prevent the facility from having a
discharge as described in
§112.1(b). Where drains and sumps are
not practicable, you must remove oil
contained in collection equipment as often
as necessary to prevent overflow.
(c) For facilities employing a sump
system, provide adequately sized sump and
drains and make available a spare pump to
remove liquid from the sump and assure that
oil does not escape. You must employ a
regularly scheduled preventive maintenance
inspection and testing program to assure
reliable operation of the liquid removal
system and pump start-up device. Redundant
automatic sump pumps and control devices may
be required on some installations.
(d) At facilities with areas where
separators and treaters are equipped with
dump valves which predominantly fail in the
closed position and where pollution risk is
high, specially equip the facility to
prevent the discharge of oil. You must
prevent the discharge of oil by:
(1) Extending the flare line to a diked
area if the separator is near shore;
(2) Equipping the separator with a high
liquid level sensor that will automatically
shut in wells producing to the separator; or
(3) Installing parallel redundant dump
valves.
(e) Equip atmospheric storage or surge
containers with high liquid level sensing
devices that activate an alarm or control
the flow, or otherwise prevent discharges.
(f) Equip pressure containers with high
and low pressure sensing devices that
activate an alarm or control the flow.
(g) Equip containers with suitable
corrosion protection.
(h) Prepare and maintain at the facility
a written procedure within the Plan for
inspecting and testing pollution prevention
equipment and systems.
(i) Conduct testing and inspection of the
pollution prevention equipment and systems
at the facility on a scheduled periodic
basis, commensurate with the complexity,
conditions, and circumstances of the
facility and any other appropriate
regulations. You must use simulated
discharges for testing and inspecting human
and equipment pollution control and
countermeasure systems.
(j) Describe in detailed records surface
and subsurface well shut-in valves and
devices in use at the facility for each well
sufficiently to determine their method of
activation or control, such as pressure
differential, change in fluid or flow
conditions, combination of pressure and
flow, manual or remote control mechanisms.
(k) Install a BOP assembly and well
control system during workover operations
and before drilling below any casing string.
The BOP assembly and well control system
must be capable of controlling any well-head
pressure that may be encountered while that
BOP assembly and well control system are on
the well.
(l) Equip all manifolds (headers) with
check valves on individual flowlines.
(m) Equip the flowline with a high
pressure sensing device and shut-in valve at
the wellhead if the shut-in well pressure is
greater than the working pressure of the
flowline and manifold valves up to and
including the header valves. Alternatively
you may provide a pressure relief system for
flowlines.
(n) Protect all piping appurtenant to the
facility from corrosion, such as with
protective coatings or cathodic protection.
(o) Adequately protect sub-marine piping
appurtenant to the facility against
environmental stresses and other activities
such as fishing operations.
(p) Maintain sub-marine piping
appurtenant to the facility in good
operating condition at all times. You must
periodically and according to a schedule
inspect or test such piping for failures.
You must document and keep a record of such
inspections or tests at the facility.
SUBPART D - Response Requirements
Sec.
112.20 Facility response plans.
112.21 Facility response training and
drills/exercises.
