Spill Prevention, Control and Countermeasure (SPCC) Rule

The Spill Prevention, Control and Countermeasure (SPCC) Rule is the EPA regulation that requires certain facilities storing oil to prevent spills from reaching rivers, lakes, streams and shorelines. Covered facilities must prepare and follow a written SPCC Plan that describes their containers, containment, inspections, training and response procedures. The rule protects waterways, drinking water sources and the communities and wildlife that depend on them.

The SPCC rule reaches far beyond refineries and tank farms. Manufacturing plants, warehouses, fleet yards, construction sites, farms, hospitals, utilities and office campuses with emergency generators can all be covered once their aboveground oil storage passes the federal threshold.

What Is the SPCC Rule?

The SPCC rule is part of EPA's Oil Pollution Prevention regulation at 40 CFR Part 112. EPA first published it in 1973 under Section 311 of the Clean Water Act and finalized major amendments in 2002.

Subpart A sets applicability, plan preparation, reporting and the general requirements for every covered facility. Subparts B and C add specific requirements by oil type, and Subpart D covers Facility Response Plans.

The rule's concept of oil is broad. It is not limited to fuel and lubricants, so used oil, hydraulic fluid, transformer oil and certain non-petroleum oils can all count toward capacity.

Who Must Comply?

Under 112.1(b), the rule applies to non-transportation-related facilities that drill, produce, gather, store, process, refine, transfer, distribute, use or consume oil, and that could reasonably be expected to discharge oil in harmful quantities to navigable waters or adjoining shorelines. The owner or operator judges this from location factors such as distance to water, land contour and drainage, not from manmade structures like dikes.

A facility that meets that test is covered if it has either of the following, based on 112.1(d)(2):

• More than 1,320 U.S. gallons of aggregate aboveground oil storage capacity, counting only containers of 55 gallons or more.
• More than 42,000 U.S. gallons of completely buried storage capacity, excluding tanks regulated under the federal underground storage tank rules in 40 CFR Part 280 or an approved state program.

Capacity is measured by container size, not by how much oil is in it.

Notable exemptions

Section 112.1(d) excludes several items from the rule or from the capacity count, including containers under 55 gallons, permanently closed containers, motive power containers such as a vehicle's own fuel tank, hot-mix asphalt containers, heating oil containers used solely at a single-family residence, pesticide application equipment, milk and milk product containers, and wastewater treatment facilities that are not used to meet Part 112 requirements. Fueling a vehicle at an otherwise covered facility is not exempt, even though the vehicle tank is.

Farms have additional relief under the Water Resources Reform and Development Act of 2014. EPA's fact sheet explains that farms with aggregate aboveground storage of 2,500 gallons or less do not need a plan, and farms between 2,500 and 6,000 gallons are exempt if they have no reportable discharge history. EPA has noted it expects further rulemaking on these farm provisions.

Key Requirements

Prepare and certify an SPCC Plan

Facilities that begin operating today must prepare and implement a plan before they begin operations (oil production facilities have six months). Under 112.3(d), a licensed Professional Engineer must generally review and certify the plan, attesting that they visited the site and that the plan follows good engineering practice.

Qualified facilities can self-certify

Section 112.3(g) creates two tiers of qualified facilities that may self-certify instead of hiring a PE. A facility qualifies if it has 10,000 gallons or less of aggregate aboveground storage and, in the three years before certification, has had no single discharge to water over 1,000 gallons and no two discharges over 42 gallons each within any 12-month period.

• Tier I facilities also have no individual aboveground container larger than 5,000 gallons. They may use the streamlined template in Appendix G of Part 112.
• Tier II facilities have at least one container over 5,000 gallons and prepare a full self-certified plan.

Some states do not allow self-certification, so check state rules first.

General plan contents

Section 112.7 lists what every plan must address, including a facility diagram showing each fixed container, storage areas for mobile and portable containers and transfer areas, the type and capacity of oil in each container, discharge prevention and response procedures, drainage controls, disposal methods and an emergency contact list. Plans must also describe security measures such as access control and securing drain valves.

Secondary containment

Section 112.7(c) requires general containment or diversion, such as dikes, curbing, sumps, berms or sorbents, wherever oil could be discharged. For bulk storage containers, 112.8(c)(2) requires secondary containment sized for the entire capacity of the largest single container plus sufficient freeboard for precipitation. Where containment is impracticable, the plan must explain why and add a contingency plan, a written commitment of manpower, equipment and materials, and periodic integrity and leak testing.

Inspections, Training and Recordkeeping

• Inspections and tests: Under 112.7(e), facilities must follow written inspection and test procedures and keep signed records with the plan for three years. Bulk container integrity testing follows industry standards selected by the plan preparer.
• Training: Under 112.7(f), oil-handling personnel must be trained on equipment operation and maintenance, discharge procedures, applicable pollution control laws, general facility operations and the contents of the plan.
• Briefings: Discharge prevention briefings must be held at least once a year and cover known discharges, failures, malfunctions and new precautions. A designated person must be accountable for discharge prevention.
• Five-year review: Under 112.5(b), the plan must be reviewed at least every five years, with a signed statement documenting whether it will be amended.
• Amendments: A change that materially affects discharge potential, such as adding a tank, requires an amendment within six months, implemented within six months after that.
• Plan location: Keep a complete copy at the facility if it is attended at least four hours a day, otherwise at the nearest field office.

Reporting discharges

Any oil discharge that reaches water or shorelines must be reported immediately to the National Response Center at 1-800-424-8802. Separately, 112.4 requires a written report to the EPA Regional Administrator within 60 days if a facility discharges more than 1,000 gallons in a single event, or more than 42 gallons in each of two events within 12 months. A copy also goes to the state oil pollution agency.

Common Compliance Mistakes

• Undercounting capacity. Drums, totes, generator belly tanks, oil-filled transformers and hydraulic reservoirs of 55 gallons or more all add up.
• Treating the plan as a one-time document. New tanks, relocated drums and changed drainage often require an amendment.
• Missing the five-year review signature. A review that is not documented is hard to prove.
• Undersized or neglected containment. Cracked dikes, open drain valves and rainwater filling a berm reduce available capacity.
• No inspection records. Inspections that are done but not signed and kept for three years do not show compliance.

EPA enforces the rule under the Clean Water Act and can assess civil penalties for each day of violation, with amounts adjusted for inflation each year. Many states also have their own aboveground tank rules.

How to Comply: Step by Step

1. Inventory every oil container of 55 gallons or more, including drums, totes, tanks and oil-filled equipment, and record its capacity.
2. Determine applicability by comparing aggregate capacity to the thresholds and assessing whether a discharge could reach water.
3. Decide who certifies the plan: Tier I template, Tier II self-certified plan or PE-certified plan.
4. Draw the facility diagram and document containers, transfer areas and drainage paths.
5. Provide containment sized to the largest container plus precipitation freeboard, and general containment for transfer areas.
6. Write inspection procedures and checklists and assign who performs them and how often.
7. Train oil handlers and hold an annual briefing, and name the accountable person.
8. Set reminders for the five-year review and for amendments after any physical change.

How SMS360 Helps

SMS360's Compliance Management module gives EHS teams one place to manage SPCC obligations alongside their other environment, health and safety programs. Teams can schedule recurring tank and containment inspections with digital checklists, store the current plan and signed inspection records, and set reminders for annual briefings, the five-year review and amendment deadlines.

When an inspection finds a cracked berm or a leaking valve, the issue can be logged and assigned as a corrective action with a due date and owner, then tracked to closure. Dashboards and mobile access show site leads what is overdue.

Frequently Asked Questions

Does my facility need an SPCC Plan?

You likely need a plan if you store more than 1,320 gallons of oil aboveground in containers of 55 gallons or more, or more than 42,000 gallons in completely buried tanks not covered by the UST rules, and a spill could reasonably reach navigable waters or shorelines. Capacity, not actual volume stored, is what counts. Several container types are exempt under 40 CFR 112.1(d).

Can I write my own SPCC Plan without a Professional Engineer?

Yes, if you are a qualified facility. That means 10,000 gallons or less of aboveground capacity and no reportable discharges of the specified sizes in the previous three years. Tier I facilities, with no container over 5,000 gallons, can use EPA's template, while Tier II facilities write a self-certified plan. Check whether your state permits self-certification.

How often must an SPCC Plan be reviewed?

The plan must be reviewed and evaluated at least once every five years, and the review must be documented with a signed statement. You must also amend the plan within six months whenever a change materially affects the potential for a discharge, such as adding or removing tanks, and implement the change within six months after that.

What is the difference between an SPCC Plan and a Facility Response Plan?

An SPCC Plan focuses on preventing and containing oil discharges and applies to many facilities. A Facility Response Plan, under Subpart D of Part 112, is required only for facilities that could cause substantial harm, such as those transferring oil over water with at least 42,000 gallons of capacity or those storing 1 million gallons or more that meet additional risk criteria.