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  • When could active containment measures be appropriate for mobile refuelers?

    Active containment measures require deployment or other specific action by the owner or operator. For discharges that occur only during manned activities, such as transfers, an active measure may be appropriate, as long as the measure can contain the volume and rate of oil, is properly constructed, and is deployed…

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  • How did EPA amend the requirements for animal fats and vegetable oils in 2006?

    In December 2006, EPA removed the following SPCC requirements for the following specific types of animal fat and vegetable oil facilities: Requirements for onshore oil production facilities (Section 112.13) Requirements for onshore oil drilling and workover facilities (Section 112.14) Requirements for offshore oil drilling, production, or workover facilities (Section 112.15)…

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  • Amounts of regulated substances in a delivery truck's tank

    My stationary source has a process that contains a maximum of 4,000 lbs. of a regulated substance that has a 5,000 lb. threshold quantity. When the level of the regulated substance in the process reaches 1,000 lbs., a delivery truck comes on site and connects to the process to replenish…

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  • Are chemicals in a tank car exempt from threshold determinations under 40 CFR Part 68?

    The definition of stationary source does not apply to transportation, including storage incident to transportation (40 CFR Section 68.3). Are chemicals in a tank car (e.g., tanker truck or rail car) therefore exempt from threshold determination? The chemicals in the tank car are exempt only if the tank car is…

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  • Rainwater in containment system of SPCC regulated farm

    What do I do with rainwater that accumulates in my containment system for a farm regulated by the Spill Prevention, Control, and Countermeasure (SPCC) rule? Check the rainwater for any oil, and if no oil is present, this can be released. If there is oil in the water, this water…

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  • Are motor fuels exempt from threshold determination?

    Are motor fuels (e.g., gasoline and diesel fuel) exempt from threshold determination? EPA provided a specific exemption from threshold determination for regulated flammable substances in gasoline used as fuel for internal combustion engines. This exemption applies solely to gasoline. However, there is a general exemption from threshold determination for regulated…

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  • Are the risk management program requirements applicable to federal facilities?

    Yes. The requirements at 40 CFR Part 68 are applicable to an owner or operator of a stationary source that has more than a threshold quantity of a regulated substance in a process (40 CFR §68.10(a)). The definition of stationary source includes buildings, structures, equipment, installations, or substance emitting stationary…

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  • Amounts of chlorine present in sodium hypochlorite

    Must the amount of chlorine present in sodium hypochlorite be considered when determining whether a process is subject to the Risk Management Program regulations in 40 CFR Part 68? No. The risk management program regulations apply only to processes that contain more than a threshold quantity of one of the…

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  • Is replacing a process tank considered a modification?

    If an RMP covered facility replaces a storage tank that is a covered process with a new tank containing the same regulated substance, is this considered to be a modification of an existing process, or a new process? Assuming the new tank contains the same substance and occupies the same…

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  • Did the Risk Management Program final rule affect the List Rule?

    Did the Risk Management Program final rule ( 61 FR 31668 ; June 20, 1996) change or affect the January 31, 1994, List of Regulated Substances and Threshold Quantities final rule (59 FR 4478; January 31, 1994)? No. The Risk Management Program final rule did not alter the 1994 "List…

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  • Is underground storage included in the definition of a process?

    Would underground storage of a regulated substance listed at 40 CFR §68.130 subject a stationary source owner or operator to the risk management program regulations? If more than a threshold quantity of a regulated substance is present in a process at a stationary source, the owner or operator of that…

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  • Are all milk farms and milk producers exempt from the SPCC Rule?

    The exemption is for all milk and milk product containers, piping and appurtenances, but does not exempt containers that store other oils, such as petroleum oil at dairies, milk producers and milk product manufacturing facilities. These facilities will not have to account for, or address the exempt milk and milk…

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  • Difference between an SPCC Tier I and Tier II qualified facility

    In the SPCC regulations in 40 CFR Part 112, what is the difference between a Tier I and Tier II qualified facility? How did EPA establish the multi-tiered approach for qualified facilities? A Tier II qualified facility is one that has an aggregate aboveground oil storage capacity of 10,000 U.S…

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  • What is a wellhead protection area and how can a facility determine if it is located in one?

    Pursuant to 40 CFR §112.20, a facility that could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters or adjoining shorelines must prepare and submit a Facility Response Plan (FRP). Section 112.20(h)(2) and Part 112, Appendix F, Section 1.2 require…

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  • What is the general duty clause?

    What is the general duty clause under CAA §112(r)(1)? The CAA general duty clause directs owners and operators of stationary sources to identify hazards that may result from accidental releases, to design and maintain a safe facility, and to minimize the consequences of releases when they occur.

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