[Code of Federal Regulations]

[Title 40, Volume 21]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR112.1]



[Page 19-22]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 112_OIL POLLUTION PREVENTION--Table of Contents

 

 Subpart A_Applicability, Definitions, and General Requirements for All 

                    Facilities and All Types of Oils

 

Sec.  112.1  General applicability.









Sec.



 Subpart A_Applicability, Definitions, and General Requirements For All 

                    Facilities and All Types of Oils



112.1 General applicability.

112.2 Definitions.

112.3 Requirement to prepare and implement a Spill Prevention, Control, 

          and Countermeasure Plan.

112.4 Amendment of Spill Prevention, Control, and Countermeasure Plan by 

          Regional Administrator.

112.5 Amendment of Spill Prevention, Control, and Countermeasure Plan by 

          owners or operators.

112.6 [Reserved]

112.7 General requirements for Spill Prevention, Control, and 

          Countermeasure Plans.



Subpart B_Requirements for Petroleum Oils and Non-Petroleum Oils, Except 

 Animal Fats and Oils and Greases, and Fish and Marine Mammal Oils; and 

  Vegetable Oils (Including Oils from Seeds, Nuts, Fruits, and Kernels)



112.8 Spill Prevention, Control, and Countermeasure Plan requirements 

          for onshore facilities (excluding production facilities).

112.9 Spill Prevention, Control, and Countermeasure Plan requirements 

          for onshore oil production facilities.

112.10 Spill Prevention, Control, and Countermeasure Plan requirements 

          for onshore oil drilling and workover facilities.

112.11 Spill Prevention, Control, and Countermeasure Plan requirements 

          for offshore oil drilling, production, or workover facilities.



 Subpart C_Requirements for Animal Fats and Oils and Greases, and Fish 

  and Marine Mammal Oils; and for Vegetable Oils, Including Oils from 

                     Seeds, Nuts, Fruits and Kernels



112.12 Spill Prevention, Control, and Countermeasure Plan requirements 

          for onshore facilities (excluding production facilities).

112.13 Spill Prevention, Control, and Countermeasure Plan requirements 

          for onshore oil production facilities.

112.14 Spill Prevention, Control, and Countermeasure Plan requirements 

          for onshore oil drilling and workover facilities.



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112.15 Spill Prevention, Control, and Countermeasure Plan requirements 

          for offshore oil drilling, production, or workover facilities.



                     Subpart D_Response Requirements



112.20 Facility response plans.

112.21 Facility response training and drills/exercises.



Appendix A to Part 112--Memorandum of Understanding Between the 

          Secretary of Transportation and the Administrator of the 

          Environmental Protection Agency

Appendix B to Part 112--Memorandum of Understanding Among the Secretary 

          of the Interior, Secretary of Transportation, and 

          Administrator of the Environmental Protection Agency

Appendix C to Part 112--Substantial Harm Criteria

Appendix D to Part 112--Determination of a Worst Case Discharge Planning 

          Volume

Appendix E to Part 112--Determination and Evaluation of Required 

          Response Resources for Facility Response Plans

Appendix F to Part 112--Facility-Specific Response Plan



    Authority: 33 U.S.C. 1251 et seq.; 33 U.S.C. 2720; E.O. 12777 

(October 18, 1991), 3 CFR, 1991 Comp., p. 351.



    Source: 38 FR 34165, Dec. 11, 1973, unless otherwise noted.



    Editorial Note: Nomenclature changes to part 112 appear at 65 FR 

40798, June 30, 2000.





    Source: 67 FR 47140, July 17, 2002, unless otherwise noted.





    (a)(1) This part establishes procedures, methods, equipment, and 

other requirements to prevent the discharge of oil from non-

transportation-related onshore and offshore facilities into or upon the 

navigable waters of the United States or adjoining shorelines, or into 

or upon the waters of the contiguous zone, or in connection with 

activities under the Outer Continental Shelf Lands Act or the Deepwater 

Port Act of 1974, or that may affect natural resources belonging to, 

appertaining to, or under the exclusive management authority of the 

United States (including resources under the Magnuson Fishery 

Conservation and Management Act).

    (2) As used in this part, words in the singular also include the 

plural and words in the masculine gender also include the feminine and 

vice versa, as the case may require.

    (b) Except as provided in paragraph (d) of this section, this part 

applies to any owner or operator of a non-transportation-related onshore 

or offshore facility engaged in drilling, producing, gathering, storing, 

processing, refining, transferring, distributing, using, or consuming 

oil and oil products, which due to its location, could reasonably be 

expected to discharge oil in quantities that may be harmful, as 

described in part 110 of this chapter, into or upon the navigable waters 

of the United States or adjoining shorelines, or into or upon the waters 

of the contiguous zone, or in connection with activities under the Outer 

Continental Shelf Lands Act or the Deepwater Port Act of 1974, or that 

may affect natural resources belonging to, appertaining to, or under the 

exclusive management authority of the United States (including resources 

under the Magnuson Fishery Conservation and Management Act) that has oil 

in:

    (1) Any aboveground container;

    (2) Any completely buried tank as defined in Sec.  112.2;

    (3) Any container that is used for standby storage, for seasonal 

storage, or for temporary storage, or not otherwise ``permanently 

closed'' as defined in Sec.  112.2;

    (4) Any ``bunkered tank'' or ``partially buried tank'' as defined in 

Sec.  112.2, or any container in a vault, each of which is considered an 

aboveground storage container for purposes of this part.

    (c) As provided in section 313 of the Clean Water Act (CWA), 

departments, agencies, and instrumentalities of the Federal government 

are subject to this part to the same extent as any person.

    (d) Except as provided in paragraph (f) of this section, this part 

does not apply to:

    (1) The owner or operator of any facility, equipment, or operation 

that is



[[Page 21]]



not subject to the jurisdiction of the Environmental Protection Agency 

(EPA) under section 311(j)(1)(C) of the CWA, as follows:

    (i) Any onshore or offshore facility, that due to its location, 

could not reasonably be expected to have a discharge as described in 

paragraph (b) of this section. This determination must be based solely 

upon consideration of the geographical and location aspects of the 

facility (such as proximity to navigable waters or adjoining shorelines, 

land contour, drainage, etc.) and must exclude consideration of manmade 

features such as dikes, equipment or other structures, which may serve 

to restrain, hinder, contain, or otherwise prevent a discharge as 

described in paragraph (b) of this section.

    (ii) Any equipment, or operation of a vessel or transportation-

related onshore or offshore facility which is subject to the authority 

and control of the U.S. Department of Transportation, as defined in the 

Memorandum of Understanding between the Secretary of Transportation and 

the Administrator of EPA, dated November 24, 1971 (Appendix A of this 

part).

    (iii) Any equipment, or operation of a vessel or onshore or offshore 

facility which is subject to the authority and control of the U.S. 

Department of Transportation or the U.S. Department of the Interior, as 

defined in the Memorandum of Understanding between the Secretary of 

Transportation, the Secretary of the Interior, and the Administrator of 

EPA, dated November 8, 1993 (Appendix B of this part).

    (2) Any facility which, although otherwise subject to the 

jurisdiction of EPA, meets both of the following requirements:

    (i) The completely buried storage capacity of the facility is 42,000 

gallons or less of oil. For purposes of this exemption, the completely 

buried storage capacity of a facility excludes the capacity of a 

completely buried tank, as defined in Sec.  112.2, and connected 

underground piping, underground ancillary equipment, and containment 

systems, that is currently subject to all of the technical requirements 

of part 280 of this chapter or all of the technical requirements of a 

State program approved under part 281 of this chapter. The completely 

buried storage capacity of a facility also excludes the capacity of a 

container that is ``permanently closed,'' as defined in Sec.  112.2.

    (ii) The aggregate aboveground storage capacity of the facility is 

1,320 gallons or less of oil. For purposes of this exemption, only 

containers of oil with a capacity of 55 gallons or greater are counted. 

The aggregate aboveground storage capacity of a facility excludes the 

capacity of a container that is ``permanently closed,'' as defined in 

Sec.  112.2.

    (3) Any offshore oil drilling, production, or workover facility that 

is subject to the notices and regulations of the Minerals Management 

Service, as specified in the Memorandum of Understanding between the 

Secretary of Transportation, the Secretary of the Interior, and the 

Administrator of EPA, dated November 8, 1993 (Appendix B of this part).

    (4) Any completely buried storage tank, as defined in Sec.  112.2, 

and connected underground piping, underground ancillary equipment, and 

containment systems, at any facility, that is subject to all of the 

technical requirements of part 280 of this chapter or a State program 

approved under part 281 of this chapter, except that such a tank must be 

marked on the facility diagram as provided in Sec.  112.7(a)(3), if the 

facility is otherwise subject to this part.

    (5) Any container with a storage capacity of less than 55 gallons of 

oil.

    (6) Any facility or part thereof used exclusively for wastewater 

treatment and not used to satisfy any requirement of this part. The 

production, recovery, or recycling of oil is not wastewater treatment 

for purposes of this paragraph.

    (e) This part establishes requirements for the preparation and 

implementation of Spill Prevention, Control, and Countermeasure (SPCC) 

Plans. SPCC Plans are designed to complement existing laws, regulations, 

rules, standards, policies, and procedures pertaining to safety 

standards, fire prevention, and pollution prevention rules. The purpose 

of an SPCC Plan is to form a comprehensive Federal/State spill 

prevention program



[[Page 22]]



that minimizes the potential for discharges. The SPCC Plan must address 

all relevant spill prevention, control, and countermeasures necessary at 

the specific facility. Compliance with this part does not in any way 

relieve the owner or operator of an onshore or an offshore facility from 

compliance with other Federal, State, or local laws.

    (f) Notwithstanding paragraph (d) of this section, the Regional 

Administrator may require that the owner or operator of any facility 

subject to the jurisdiction of EPA under section 311(j) of the CWA 

prepare and implement an SPCC Plan, or any applicable part, to carry out 

the purposes of the CWA.

    (1) Following a preliminary determination, the Regional 

Administrator must provide a written notice to the owner or operator 

stating the reasons why he must prepare an SPCC Plan, or applicable 

part. The Regional Administrator must send such notice to the owner or 

operator by certified mail or by personal delivery. If the owner or 

operator is a corporation, the Regional Administrator must also mail a 

copy of such notice to the registered agent, if any and if known, of the 

corporation in the State where the facility is located.

    (2) Within 30 days of receipt of such written notice, the owner or 

operator may provide information and data and may consult with the 

Agency about the need to prepare an SPCC Plan, or applicable part.

    (3) Within 30 days following the time under paragraph (b)(2) of this 

section within which the owner or operator may provide information and 

data and consult with the Agency about the need to prepare an SPCC Plan, 

or applicable part, the Regional Administrator must make a final 

determination regarding whether the owner or operator is required to 

prepare and implement an SPCC Plan, or applicable part. The Regional 

Administrator must send the final determination to the owner or operator 

by certified mail or by personal delivery. If the owner or operator is a 

corporation, the Regional Administrator must also mail a copy of the 

final determination to the registered agent, if any and if known, of the 

corporation in the State where the facility is located.

    (4) If the Regional Administrator makes a final determination that 

an SPCC Plan, or applicable part, is necessary, the owner or operator 

must prepare the Plan, or applicable part, within six months of that 

final determination and implement the Plan, or applicable part, as soon 

as possible, but not later than one year after the Regional 

Administrator has made a final determination.

    (5) The owner or operator may appeal a final determination made by 

the Regional Administrator requiring preparation and implementation of 

an SPCC Plan, or applicable part, under this paragraph. The owner or 

operator must make the appeal to the Administrator of EPA within 30 days 

of receipt of the final determination under paragraph (b)(3) of this 

section from the Regional Administrator requiring preparation and/or 

implementation of an SPCC Plan, or applicable part. The owner or 

operator must send a complete copy of the appeal to the Regional 

Administrator at the time he makes the appeal to the Administrator. The 

appeal must contain a clear and concise statement of the issues and 

points of fact in the case. In the appeal, the owner or operator may 

also provide additional information. The additional information may be 

from any person. The Administrator may request additional information 

from the owner or operator. The Administrator must render a decision 

within 60 days of receiving the appeal or additional information 

submitted by the owner or operator and must serve the owner or operator 

with the decision made in the appeal in the manner described in 

paragraph (f)(1) of this section.