Although more than 600,000 facilities are subject to EPA’s SPCC regulations, there are certain facilities, and portions of facilities, that are exempt from the SPCC requirements. Do any of these apply to you?
You are out of EPA jurisdiction. The owner or operator of any facility, equipment, or operation that is not subject to the jurisdiction of EPA under the Clean Water Act (CWA) is exempt as follows:
1. Any onshore or offshore facility that, because of its location, could not reasonably be expected to have a discharge. The determination must be based solely on consideration of the geographical aspects of the facility and proximity to navigable waters or adjoining shorelines. The consideration must exclude man-made features, such as dikes, equipment, or other structures, which may serve to restrain, hinder, contain, or otherwise prevent a discharge.
EPA’s SPCC regulation affects over 630,000 facilities. Is yours one? Download your EHS Essentials Kit—SPCC Plan Compliance now for all the tools you need to be in compliance. Download Now
2. Department of Transportation (DOT) and the Department of the Interior (DOI) projects and facilities, including any equipment, or operation of a vessel or transportation-related onshore or offshore facility that is subject to the authority of DOT, as defined in the Memorandum of Understanding between the Secretary of Transportation and the Administrator of EPA, dated November 24, 1971 (see 40CFR 112, Appendix A).
3. Any equipment, or operation of a vessel or onshore or offshore facility that is subject to the authority of DOT or the DOI, defined in the Memorandum of Understanding between DOT, the Secretary of the Interior, and EPA, dated November 8, 1993 (see 40 CFR 112, Appendix B).
Don’t risk an EPA fine! Stay in compliance with our EHS Essentials Kit—SPCC Plan Compliance. Download now for instant access to comprehensive checklists, common violations, training materials, forms, and more. Download Now
Storage tanks. Any facility that, although otherwise subject to the jurisdiction of EPA, meets both of the following requirements is exempt from SPCC planning requirements:
1. The completely buried storage capacity of the facility is 42,000 gal or less of oil. The completely buried storage capacity of a facility excludes the capacity of a container that is “permanently closed,” and the capacity of intrafacility gathering lines subject to the requirements of 49 CFR 192 or 40 CFR 195. The capacity of underground oil storage tanks that supply emergency diesel generators at nuclear power generation facilities licensed by the Nuclear Regulatory Commission is also exempt.
2. The total aboveground storage capacity of the facility is 1,320 gal or less of oil. For purposes of this exemption, only containers of oil with a capacity of 55 gal or greater are counted. The total aboveground storage capacity of a facility excludes the capacity of a container that is “permanently closed,” the capacity of a “motive power container,” the capacity of hot-mix asphalt or any hot-mix asphalt container, the capacity of a container for heating oil used solely at a single family residence, the capacity of pesticide application equipment and related mix containers, and the capacity of pesticide application equipment and related mix containers.
See tomorrow’s Advisor for more types of facilities that are exempt from SPCC regs.