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Spill Prevention, Control and Countermeasure Plans

What is a Spill Prevention, Control and Countermeasure (SPCC) Plan?

An SPCC plan is a written document that describes measures one has taken to prevent, contain and clean up oil spills. The term oil includes gasoline, diesel, heating oil, and solvents. All SPCC plans must be certified by a professional engineer.

Who needs an SPCC Plan?

* Reflects changes made to this rule effective August 16, 2002.

Any boating facility that has

an aggregate aboveground petroleum storage capacity greater than 1,320 gallons must have a Spill Prevention, Control and Countermeasure plan.

Are SPCC plans required by law?

Yes, SPCC plans are required by federal regulation 40 CFR 112 which is implemented by the U.S. Environmental Protection Agency.

Can I prepare my own SPCC plan?

Any facility operator may draft his or her own SPCC plan. The plan must be certified by a professional engineer, however.

What counts toward storage capacity?

Storage capacity includes the capacity of all containers such as tanks, portable tanks, transformers, 55-gallon drums, etc. The capacity of any empty containers that may be used to store oil and are not permanently taken out of service are also counted in a facility's total storage capacity. Containers less than 55 gallons are exempt from the scope of these rules as of August 16, 2002.

Does the term oil include vegetable oil, transformer oil, and other non-petroleum based oil?

Yes. Oil is defined in 40 CFR 112.2 as oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes other than dredge spoil. This definition has been interpreted to include vegetable oil, mineral oil, transformer and other oils.

Who do I give the SPCC plan to?

A copy of the entire SPCC plan must be maintained at the marina if the facility is normally attended at least four hours per day, or at the nearest field office if the facility is not so attended.

Since a boating facility must be in compliance with all applicable laws and regulations in order to be certified as a Maryland Clean Marina, any facility wishing to be recognized as a Clean Marina and that is subject to the SPCC requirements must submit a copy of its SPCC plan to the Clean Marina office.

The SPCC plan is not required to be filed with the U.S. EPA, but a copy must be available for on-site review by the regional administrator during normal working hours. The SPCC plan must be submitted to the U.S. EPA Region III regional administrator and the Maryland Department of the Environment along with the other information specified in 40 CFR 112.4 if either of the following occurs:
the facility discharges more than 1,000 U.S. gallons of oil into or upon the navigable waters of the United States or adjoining shorelines in a single event, or

the facility discharges oil in excess of 42 gallons in two spill events within any twelve month period.

How often must I review the SPCC plan?

The facility owner or operator must review the SPCC plan at least every five years. These reviews must be documented.

When do I have to update the SPCC plan?

The SPCC regulation requires the owner or operator to amend the plan whenever there is a change in facility design, construction, operation, or maintenance that materially affects the facility's potential to discharge oil. Such amendments must be fully implemented not later than six months after the change occurs. All amendments must be certified by a registered professional engineer.

Related Information
SPCC Information
SPCC Contingency Plan
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