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Oil Pollution Prevention Regulation 40 CFR Part 112

This article provides a summary of the Oil Pollution Prevention Regulation (40 CFR Part 112), including the Spill Prevention, Control, and Countermeasure (SPCC) and Facility Response Plan (FRP) requirements. It also highlights common violations and the support services provided by the US EPA.

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Oil Pollution Prevention Regulation 40 CFR Part 112

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  1. Oil Pollution Prevention Regulation40 CFR Part 112 Spill Prevention, Control, and Countermeasure (SPCC)Facility Response Plan (FRP) Region 3, Oil & Prevention BranchChemical Safety, Security and Transportation Workshop August 24, 2017

  2. Rule Summary • The Oil Pollution Prevention regulation was originally published in 1973 under the authority of §311 of the Clean Water Act. • Sets requirements for the prevention of, preparedness for, and response to oil discharges at specific non-transportation-related facilities. • Goal: prevent oil from reaching navigable waters and adjoining shorelines, and contain discharges of oil. U.S. Environmental Protection Agency

  3. Oil Regulations • 40 CFR Part 112 - Oil Pollution Prevention Regulation • Specifies requirements for the prevention of, preparedness for and response to oil discharges • Spill Prevention, Control and Countermeasure (SPCC) • Facility Response Plans (FRP) • 40 CFR Part 110 – Discharge of Oil (sheen rule) • Prohibition of oil discharge • Reporting requirements • Establishes harmful quantity U.S. Environmental Protection Agency

  4. SPCC Applicability • Drills, produces, gathers, stores, processes, refines, transfers, distributes, uses or consumes oil and/or oil product; and • Is non-transportation related (i.e. facility is not exclusively covered by DOI or DOT); and • Reasonable expectation oil discharge can reach navigable waters or adjoining shorelines; and • Meets capacity thresholds • Aboveground storage > 1,320 gallons; or • Completely buried storage > 42,000 gallons U.S. Environmental Protection Agency

  5. Examples of Covered Oils... U.S. Environmental Protection Agency

  6. SPCC Requirement Overview • Prepare and implement a certified SPCC Plan • Use containers suitable for the oil stored within • Oil-handling personnel training • Tank inspection and integrity testing program • Recordkeeping • Secondary containment (general & sized) • Security • Tank overfill protection U.S. Environmental Protection Agency

  7. FRP Applicability • The facility transfers oil over water to or from vessels AND has a total oil storage capacity ≥ 42,000 gallons, OR • The facility has a total oil storage capacity ≥ 1 million gallons, AND at least one of the following is true: • secondary containment is not large enough to contain the capacity of the largest aboveground tank plus sufficient freeboard for precipitation. • located at a distance such that a discharge could cause injury to fish and wildlife and sensitive environments. • located such that a discharge would shut down a public drinking water intake. • had a reportable discharge ≥ 10,000 gallons in the past 5 years. U.S. Environmental Protection Agency

  8. FRP Key Elements • Identify a qualified individual to implement removal actions and require immediate communication between that person and the appropriate federal authorities and responders; • Identify and ensure availability of resources to remove a worst-case discharge; • Describe and implement training, testing, unannounced drills, and response actions at the facility; • Be updated periodically and submitted to EPA. U.S. Environmental Protection Agency

  9. Government Initiated Unannounced Exercise (GIUE) • Demonstrate a facility’s ability to respond to a small discharge (2,100 gallons to water) • Notifications • Containment • Equipment available within 1 hour • Recovery • Equipment available within 2 hours U.S. Environmental Protection Agency

  10. Common SPCC Violations • No SPCC Plan • SPCC Plan not implemented • Inspection, training, and/or drainage records not kept • Inadequate pipe supports • Inadequate or no secondary containment • Poor housekeeping • Statutory max penalty range = approx. $18K-45K per day/per violation U.S. Environmental Protection Agency

  11. Common FRP Violations • FRP not revised at least every 5 years • FRP revisions not submitted to EPA • Exercises/Drill program not implemented • Failure to demonstrate proper response can be conducted in a timely manner during a GIUE • Statutory max penalty range = approx. $18K-45K per day/per violation U.S. Environmental Protection Agency

  12. US EPA Support Services Oil Information Center 1-800-424-9346 (Outside DC) 1-703-348-5070 (DC area) 10:00 am - 5:00 pm (EST) Monday – Friday Closed Federal Holidays U.S. Environmental Protection Agency

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