This Oil Pollution Prevention regulation establishes requirements for facilities to prevent oil spills from reaching the navigable waters of the U.S. or adjoining shorelines. The rule applies to owners or operators of certain facilities that drill, produce, gather, store, process, refine, transfer, distribute, use, or consume oil. The text of the regulation is found at 40 CFR part 112.

What facilities are regulated under the Oil Pollution Prevention regulation?

The Oil Pollution Prevention regulation applies to non-transportation-related facilities with a total aboveground (i.e., not completely buried) oil storage capacity of greater than 1,320 gallons, or total completely buried oil storage capacity greater than 42,000 gallons. The Oil Pollution Prevention regulation apply specifically to a facility's storage capacity, regardless of whether the tank(s) is completely filled. In addition to the storage capacity criteria, a facility is regulated if due to its location the facility could reasonably be expected to discharge oil into navigable waters of the U.S. or adjoining shorelines.

What types of facilities are considered non-transportation-related?

Non-transportation-related facilities refer to all fixed facilities, including support equipment, but excluding certain pipelines, railroad tank cars en route, transport trucks en route, and equipment associated with the transfer of bulk oil to or from water transportation vessels. The term also includes mobile or portable facilities, such as drilling or workover rigs, production facilities, and portable fueling facilities while in a fixed, operating mode.

What does the Oil Pollution Prevention regulation require a facility to do?

The Oil Pollution Prevention regulation requires that all regulated facilities have a fully prepared and implemented Spill Prevention, Control, and Countermeasure, or SPCC Plan. The SPCC Plan must be certified by a licensed professional engineer. Facilities must implement the Plan, including carrying out the spill prevention and control measures established for the type of facility or operations, such as measures for containing a spill (e.g., berms). In the event that a facility cannot implement containment measures, the facility must demonstrate that secondary containment is impracticable; conduct periodic integrity and leak testing of bulk containers and associated valves and piping; develop and incorporate a strong spill contingency plan into the SPCC Plan; and provide a written commitment of manpower, equipment, and materials required to quickly remove any quantity of oil discharged that may be harmful. In addition, facility owners or operators must conduct employee training on the contents of the SPCC Plan. Facilities that become operational between August 17, 2002 and August 18, 2006 must prepare and implement an SPCC Plan by August 18, 2006. Facilities that become operational after August 18, 2006, must prepare and implement a Plan before beginning operations.