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  • Criteria for oil production facilities to be qualified facilities

    Qualified facilities are eligible for streamlined regulatory requirements in 40 CFR §112.6, which include self-certification of SPCC Plans. What criteria do oil production facilities have to meet in order to be considered qualified facilities? Oil production facilities, like all other facilities, must meet the criteria in §112.3(g)(1) or (2) to…

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  • Obtaining an RMP ID Number

    How can a facility subject to the Risk Management Plan (RMP) requirements obtain its RMP ID number? The owner or operator of a regulated RMP facility that has already submitted an RMP, may obtain the facility's identification number (RMP ID Number) by contacting the RMP Reporting Center (703-227-7650). An RMP-covered…

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  • Does EPA have enforcement authority for the risk management program regulations?

    Yes. Under §113 of the CAA, the Agency has the authority to bring administrative and judicial actions against violators. Judicial actions can be civil and criminal in nature. Section 113(a)(3) authorizes the Agency to order violators to comply with the risk management program regulations. Under section 113(b), the Agency may…

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  • Criteria for selecting stationary sources to audit

    What criteria will be used to select stationary sources for periodic compliance audits of risk management plans (RMPs) submitted under 40 CFR Part 68, Subpart G? The implementing agency will, according to the regulations at 40 CFR §68.220(b), select stationary sources for audits based on any of the following criteria…

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  • Is there a citizen suit provision applicable to RMP?

    Is there a citizen suit provision applicable to CAA §112 and the risk management program rule? Yes, section 304 of the CAA includes a citizen suit provision for violations of emission standards or limitations promulgated under the Act.

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  • Accessing RMP Data

    Is Risk Management Plan (RMP) data available to the public and, if so, where can it be found? Risk Management Plans (RMPs) prepared and submitted pursuant to CAA section 112(r) are, by statute, available to the public. Members of the general public may obtain RMP data by visiting a designated…

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  • How may state and local rules be more stringent?

    In what ways may state and local rules be more stringent? Does this document ( General Risk Management Program Guidance ) provide guidance on state and local differences? States and localities may impose more detailed requirements, such as requiring more documentation or more frequent reporting, specifying hours of training or…

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  • Underground Storage Tanks in SPCC Plans

    If a gas station that has less than 42,000 gallons completely buried oil storage capacity and no aboveground oil storage capacity installs a new aboveground tank with a capacity greater than 1,320 gallons, must the facility’s Spill Prevention, Control, and Countermeasure (SPCC) Plan address the underground storage tanks (USTs) in…

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  • Container capacity less than 55 gallons

    Do facilities need to consider containers that are less than 55 gallons for applicability under 40 CFR Part 112? No. The third column of page 47066 of the July 17, 2002 Preamble states that "You need only count containers of 55 gallons or greater in the calculation of the regulatory…

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  • How often does a facility need to complete an oil spill response training under the FRP requirements?

    Facilities subject to the Facility Response Plan (FRP) regulations in 40 CFR Part 112, Subpart D are required to develop a facility response training program to train those personnel involved in oil spill response activities (§112.21(b)). How often does a facility need to complete an oil spill response training under…

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  • What is a farm for purposes of the SPCC Rule?

    In the December 2006 amendments to the SPCC Rule, EPA defined a farm as "a facility on a tract of land devoted to the production of crops or raising of animals, including fish, which produced and sold, or normally would have produced and sold, 1,000 or more of agricultural products…

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  • Examples of an agent of a Professional Engineer

    Except as provided in 40 CFR §112.6 for qualified facilities, a Professional Engineer (PE) or an agent of the PE must visit and examine the facility before the PE certifies an SPCC Plan (40 CFR §112.3(d)). What are some examples of an agent of a PE? An agent of a…

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  • Oil-filled equipment capacity

    When counting against the 1,320 aboveground storage capacity threshold, would operational storage of oil (such as in a hydraulic press) be used? Oil which is contained in equipment is required to be factored into the storage capacity for the facility even though the oil may be only used for ancillary…

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  • What is a significant and substantial harm facility?

    Some substantial harm facilities may meet the criteria for a significant and substantial harm facility. After you have prepared and submitted your FRP, the RA may determine that your facility has the potential, not just for substantial harm, but for significant and substantial harm. If the RA makes that determination…

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  • If your farm does not have fuel storage that will flow into US waters by a ditch, river, stream, or lake, do you have to prepare a SPCC Plan?

    No. EPA suggests you use a common sense approach. If one of your oil storage tanks leaks, and the spilled oil would not flow into navigable waters or adjoining shorelines, you do not have to prepare a Plan. Remember that you still have the responsibility to clean up any spilled…

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