SPCC Plan Requirements - Who Needs One and What It Must Include

Overview

A Spill Prevention, Control, and Countermeasure (SPCC) plan is a federal requirement under the Clean Water Act for facilities that store oil and could reasonably discharge to navigable waters. The rule is codified at 40 CFR Part 112.

The purpose of an SPCC plan is straightforward: prevent oil spills from reaching water. The plan documents what oil is stored at the facility, how it is contained, and what procedures are in place to prevent and respond to a discharge.

SPCC plans are not submitted to EPA for approval. They are prepared, kept on-site, and implemented. EPA can request to see the plan during an inspection or after a discharge. If the plan is missing, incomplete, or not being followed, the facility faces penalties regardless of whether a spill has actually occurred.

Who Needs an SPCC Plan

A facility must prepare and implement an SPCC plan if it meets all three of the following criteria:

Non-transportation-related: The facility is a fixed location, not solely engaged in transporting oil (pipelines, rail cars, or trucks in transit are excluded).
Oil storage exceeds the capacity threshold:
- Aggregate aboveground oil storage capacity exceeds 1,320 gallons, OR
- Aggregate completely buried oil storage capacity exceeds 42,000 gallons
Reasonable expectation of discharge: The facility could reasonably be expected to discharge oil in quantities that may be harmful to navigable waters or adjoining shorelines.

What Counts Toward the 1,320-Gallon Threshold

Count the shell capacity (maximum volume, not current fill level) of all aboveground oil storage containers at the facility with individual capacities of 55 gallons or more. This includes:

Aboveground storage tanks (ASTs)
Drums (55-gallon drums and larger)
Totes and intermediate bulk containers (IBCs)
Oil-filled operational equipment (hydraulic systems, transformers) with individual capacities of 55 gallons or more
Mobile or portable containers stored at the facility

Containers smaller than 55 gallons do not count toward the threshold.

What Counts as “Oil”

The SPCC rule defines oil broadly. It includes petroleum-based products (gasoline, diesel, fuel oil, lubricating oil, hydraulic fluid, used oil) as well as non-petroleum oils (vegetable oils, animal fats, synthetic oils). If you store cooking oil, biodiesel, or transformer mineral oil, it counts.

Common Exemptions

The following are exempt from SPCC requirements:

Underground storage tanks regulated under RCRA Subtitle I (in Ohio, these are BUSTR-regulated USTs)
Tanks used exclusively for wastewater treatment
Permanently closed or decommissioned containers
Certain farm operations (separate thresholds apply under 33 U.S.C. 1361)
Some transportation-related containers (highway vehicles in transit, rail cars, pipeline breakout tanks)

SPCC Plan Types

The SPCC rule provides three plan types based on facility size and spill history. The plan type determines whether you need a Professional Engineer (PE) to certify the plan.

Full PE-Certified Plan

Required for any facility that does not qualify as a Tier I or Tier II qualified facility. A licensed Professional Engineer must review and certify the plan after visiting the facility. This is the default for larger facilities or those with a reportable discharge history.

Tier II Qualified Facility (Self-Certified)

A facility qualifies for Tier II self-certification if it meets all of the following:

Aggregate aboveground oil storage capacity of 10,000 gallons or less
No single discharge to navigable waters exceeding 1,000 gallons in the past 3 years
No two discharges to navigable waters each exceeding 42 gallons within any 12-month period in the past 3 years

The owner or operator prepares and self-certifies the plan following all the requirements of 40 CFR 112.7 and the applicable subpart. No PE is required, but the plan must still meet all content requirements.

Tier I Qualified Facility (Template)

A facility qualifies for Tier I if it meets all the Tier II criteria above AND no individual aboveground container exceeds 5,000 gallons. Tier I facilities can use the EPA SPCC Plan template in Appendix G of 40 CFR Part 112 instead of writing a plan from scratch.

Losing Qualified Facility Status

If a qualified facility experiences a discharge exceeding the spill history thresholds (>1,000 gallons single discharge or two >42 gallon discharges in 12 months), it loses qualified facility status and must have the plan PE-certified within six months. Track all spill events carefully.

What the Plan Must Include

Every SPCC plan, regardless of type, must address the following elements per 40 CFR 112.7:

Facility Description and Diagram

Physical layout of the facility with a site diagram
Location, type, contents, and shell capacity of every oil storage container
Transfer stations and connecting piping
Location of nearest navigable waters and the drainage path from the facility
Identification of potential discharge pathways

Spill Predictions and Containment

Discharge predictions for the largest single container and the largest area of aboveground storage
Description of secondary containment for each container and storage area (dikes, berms, curbing, drainage controls)
Secondary containment must hold the volume of the largest single container plus sufficient freeboard for precipitation

Prevention Measures

Operating procedures to prevent discharges during normal operations and transfers
Overfill prevention measures for each container
Inspection and testing schedules for containers, piping, and containment structures
Description of drainage controls (valves, drains, diversion structures)

Personnel and Training

Designation of a person accountable for discharge prevention who reports to facility management
Annual training for all oil-handling personnel covering: equipment operation, discharge procedures, applicable regulations, and the contents of the SPCC plan
Annual discharge prevention briefings highlighting any recent spills or equipment failures

Security

Measures to secure and control access to oil storage, handling, and processing areas
Security for master flow and drain valves
Prevention of unauthorized access to the facility

Emergency Procedures

Emergency contact list (facility personnel, local emergency services, NRC, cleanup contractors)
Response procedures for spills of various sizes
Notification procedures (who to call, in what order, phone numbers)
Available spill response equipment and its location

Secondary Containment

Secondary containment is the core physical requirement of the SPCC rule. The concept is simple: if a tank leaks or ruptures, the secondary containment catches the oil before it reaches water.

Sizing requirement: Secondary containment must be large enough to hold the entire contents of the largest single container in the containment area, plus sufficient freeboard for precipitation. For areas with multiple containers, the containment volume is based on the single largest container, not the total of all containers (though some state programs may have more stringent requirements).

Types of secondary containment:

Dikes and berms around tank farms
Concrete containment walls or curbing
Double-walled tanks
Drainage controls (diversion dikes, retention ponds, sorbent materials)
Remote impoundments

Impracticability: If secondary containment is not practicable for a specific container or area, the PE must explain why in the plan and describe alternative measures (enhanced inspections, integrity testing, spill response procedures). The impracticability determination must be documented and justified.

Inspections and Testing

The plan must establish inspection and testing schedules. At a minimum:

Visual inspections of aboveground containers, piping, and containment structures on a regular schedule (monthly or quarterly is common)
Integrity testing of bulk storage containers according to industry standards (API 653 for large tanks, STI SP001 for smaller tanks). The PE determines the frequency based on container age, condition, and contents.
Valve and piping inspections to verify operability and detect leaks
All inspections must be documented and records retained for at least 3 years

5-Year Review

The SPCC plan must be reviewed and evaluated at least once every 5 years. This is a management review, not just a calendar reminder. The review must evaluate whether the plan is still adequate given any changes in facility operations, oil storage, or regulations.

Document the review with a signed statement: “I have completed review and evaluation of the SPCC Plan for [facility name] on [date], and will [will not] amend the Plan as a result.”

In addition to the 5-year review, the plan must be amended whenever there is:

A change in facility design, construction, operation, or maintenance that affects discharge potential
A discharge that could not have been prevented by the existing plan
Any technical amendment (which must be PE-certified unless the facility qualifies for self-certification)

Amendments must be implemented within 6 months of preparation.

SPCC and BUSTR

In Ohio, underground storage tanks regulated by BUSTR (OAC 1301:7-9) are exempt from the SPCC rule. However, a facility with both aboveground oil storage (subject to SPCC) and underground petroleum tanks (subject to BUSTR) must comply with both programs for their respective containers. The programs have different reporting requirements if a discharge occurs.

Enforcement

SPCC is a federal program. Unlike many environmental programs, it has not been delegated to states. EPA Region 5 (covering Ohio) enforces SPCC directly. State environmental agencies may have their own oil storage requirements in addition to SPCC, but the federal SPCC requirement stands regardless.

Penalties for SPCC violations can be assessed even without a spill occurring. Common violations found during EPA inspections include: no plan on-site, plan not current or not reviewed within 5 years, inadequate secondary containment, no training documentation, and failure to amend the plan after facility changes.

Source

40 CFR Part 112: Oil Pollution Prevention (Spill Prevention, Control, and Countermeasure Rule). Clean Water Act Section 311(j)(1)(C). EPA SPCC Qualified Facility Fact Sheet. Ohio EPA Division of Environmental and Financial Assistance: SPCC Plan Summary.