Bureau of Safety and Environmental Enforcement (BSEE). Any offshore oil drilling, production, or workover facility that is subject to the notices and regulations of the BSEE, as specified in the Memorandum of Understanding between DOT, DOI, and EPA, dated November 8, 1993, is exempt from SPCC planning requirements.
Containers of de minimus sizes. Any container with a storage capacity of less than 55 gal of oil does not have to be counted toward the 1,320-gal planning threshold for Aboveground Storage Tanks (ASTs).
Motive power containers that are used to power trucks, cars, bulldozers and, other heavy equipment are exempt from SPCC standards as long as they are not used for the transfer or further distribution of oil. The exemption for motive power containers does not include drilling equipment. Motive power containers are defined differently from mobile refuelers, which are not exempt from SPCC regulations.
Hot-mix asphalt. All hot-mix asphalt and hot-mix asphalt containers are exempted from SPCC regulation.
Heating oil. Containers used for heating oil used solely at a single family residence are exempt from SPCC requirements.
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Pesticides. Any pesticide application equipment or related mix containers are exempt from SPCC regulations.
Intrafacility gathering lines. Intrafacility gathering lines subject to the regulatory requirements of 49 CFR 192 or 49 CFR 195 are exempt, except that a line’s location must be marked “exempt” on the facility diagram if the facility is otherwise subject to SPCC regulations.
Milk and milk product containers. Any milk and milk product container and associated piping and appurtenances are exempt from SPCC regulations.
Completely buried storage tanks. Any completely buried storage tank and connected underground piping, underground ancillary equipment, and containment systems subject to all of the technical requirements of 40 CFR 280 or 281 are exempt. In addition, any underground oil storage tanks including below-grade vaulted tanks that supply emergency diesel generators at a nuclear power generation facility licensed by the Nuclear Regulatory Commission (NRC) are exempted. However, any exempted tanks must be marked on the facility diagram if the facility is otherwise subject to SPCC regulations.
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Gas Station FAQ
Image: pumping gas
EPA published the following FAQ regarding completely buried storage tanks.
Gas stations typically are not subject to the SPCC Rule because completely buried storage tanks subject to 40 CFR Part 280 or 281 are exempt per §112.1(d)(4). However, a gas station would be subject to the SPCC Rule if it has more than 1,320 gallons of oil in aggregate above ground storage capacity (e.g., aboveground storage tanks containing gasoline or used motor oil). If a gas station is subject to the SPCC Rule because of its aboveground storage capacity, what requirements, if any, must the fuel pumps or dispensers connected to underground storage tanks (USTs) meet to be in compliance with the SPCC Rule?
Transfer areas, such as areas containing dispensers or other oil transfer equipment, associated with exempted USTs at an otherwise regulated SPCC facility are subject to the secondary containment requirements in §112.7(c). A transfer operation is one in which oil is moved from or into some form of transportation, storage, equipment, or other device, into or from some other or similar form of transportation, such as a pipeline, truck, tank car, or other storage, equipment, or device. Areas where oil is transferred but no loading or unloading rack is present are subject to §112.7(c), and thus appropriate containment and/or diversionary structures are required, which may include active containment such as response action or sorbent deployment. EPA does not require specifically-sized containment for transfer areas; however, containment size must be based on good engineering practice (§112.3(d)).
Note: BLR will be attending the American Petroleum Institute’s 2012 Storage Tank Conference and Expo on October 23-25. This year the conference will be all things storage tanks and feature a half-day session on SPCC 101. See the full list of sessions and exhibitors.
