General spcc requirements—40 cfr 112.7
112.3(a) For drilling, production or workover facilities, including mobile or portable facilities, that are offshore or have an offshore component; or facilities required to have and submit a FRP:
• In operation on or prior to November 10, 2010: Plan prepared and/or amended and fully implemented by November 10, 2010
• Facilities beginning operation after November 10, 2010:
o Plan prepared and fully implemented before drilling and workover facilities begin operations; or
o Plan prepared and fully implemented within six months after oil production facilities begin operations
For all other drilling, production or workover facilities, including mobile or portable facilities:
• In operation on or prior to November 10, 2011: Plan prepared and/or amended and fully implemented by November 10, 2011
• Facilities beginning operation after November 10, 2011:
o Plan prepared and fully implemented before drilling and workover facilities begin operations; or
o Plan prepared and fully implemented within six months after oil production facilities begin operations
112.3(d) Plan is certified by a registered Professional Engineer (PE)
and includes statements that the PE attests:
• PE is familiar with the requirements of 40 CFR part 112
• PE or agent has visited and examined the facility
• Plan is prepared in accordance with good engineering practice including consideration of applicable industry standards and the requirements of 40 CFR part 112
• Procedures for required inspections and testing have been established
• Plan is adequate for the facility
• For produced water containers subject to 112.9(c)(6), any procedure to minimize the amount of free-phase oil is designed to reduce the accumulation of free-phase oil and the procedures and frequency for required inspections, maintenance and testing have been established and are described in the Plan, if applicable
Profesionnal Engineer Name:
112.3(e)(1) Plan is available onsite if attended at least 4 hours per day. If facility is unattended, Plan is available at the nearest field office. (Please note nearest field office contact information)
112.4(a),(c) Has the facility discharged more than 1,000 U.S. gallons of oil in a single reportable discharge or more than 42 U.S. gallons in each of two reportable discharges in any 12-month period?
• Was information submitted to the RA as required in §112.4(a)?
• Was information submitted to the appropriate agency or agencies in charge of oil pollution control activities in the State in which the facility is located§112.4(c)
• Date(s) and volume(s) of reportable discharges(s) under this section:
• Were the discharges reported to the NRC?
112.4(d),(e) Have changes required by the RA been implemented in the Plan and/or facility?
112.5(a) Has there been a change at the facility that materially affects the potential for a discharge described in §112.1(b)?
• Was the Plan amended within six months of the change?
• Were amendments implemented within six months of any Plan amendment?
112.5(b) Review and evaluation of the Plan completed at least once every 5 years?
Following Plan review, was Plan amended within six months to include more effective prevention and control technology that has been field-proven to significantly reduce the likelihood of a discharge described in §112.1(b)?
Amendments implemented within six months of any Plan amendment?
Five year Plan review and evaluation documented?
112.5(c) Professional Engineer certification of any technical Plan amendments in accordance with all applicable requirements of §112.3(d) [Except for self-certified Plans]
Profesionnal Engineer Name:
Reason for amendment:
Management approval at a level of authority to commit the necessary resources to fully implement the Plan
Plan follows sequence of the rule or is an equivalent Plan meeting all applicable rule requirements and includes a cross-reference of provisions
If Plan calls for facilities, procedures, methods, or equipment not yet fully operational, details of their installation and start-up are discussed (Note: Relevant for inspection evaluation and testing baselines.)
112.7(a)(2) The Plan includes deviations from the requirements of §§112.7(g), (h)(2) and (3), and (i) and applicable subparts B and C of the rule, except the secondary containment requirements in §§112.7(c) and (h)(1), 112.9(c)(2), 112.9(d)(3), and 112.10(c)
• The Plan states reasons for nonconformance
• Alternative measures described in detail and provide equivalent environmental protection (Note: Inspector should document if the environmental equivalence is implemented in the field, in accordance with the Plan’s description)
112.7(a)(3) Plan describes physical layout of facility and includes a diagram that identifies:
• Location and contents of all regulated fixed oil storage containers
• Storage areas where mobile or portable containers are located
• Completely buried tanks otherwise exempt from the SPCC requirements (marked as “exempt”)
• Transfer stations
• Connecting pipes, including intra-facility gathering lines that are otherwise exempt from the requirements of this part under §112.1(d)(11)
Plan addresses each of the following:
(i) For each fixed container, type of oil and storage capacity (see Attachment A of this checklist). For mobile or portable containers, type of oil and storage capacity for each container or an estimate of the potential number of mobile or portable containers, the types of oil, and anticipated storage capacities
(ii) Discharge prevention measures, including procedures for routine handling of products (loading, unloading, and facility transfers, etc.)
(iii) Discharge or drainage controls, such as secondary containment around containers, and other structures, equipment, and procedures for the control of a discharge
(iv) Countermeasures for discharge discovery, response, and cleanup (both facility’s and contractor’s resources)
(v) Methods of disposal of recovered materials in accordance with applicable legal requirements
(vi) Contact list and phone numbers for the facility response coordinator, National Response Center, cleanup contractors with an agreement for response , and all Federal, State, and local agencies who must be contacted in the case of a discharge as described in §112.1(b)
112.7(a)(4) Does not apply if the facility has submitted an FRP under §112.20: Yes No NA
• Plan includes information and procedures that enable a person reporting an oil discharge as described in §112.1(b) to relate information on the:
• Exact address or location and phone number of the facility;
• Date and time of the discharge;
• Type of material discharged;
• Estimates of the total quantity discharged;
• Estimates of the quantity discharged as described in §112.1(b);
• Source of the discharge;
• Description of all affected media;
• Cause of the discharge;
• Damages or injuries caused by the discharge;
• Actions being used to stop, remove, and mitigate the effects of the discharge;
• Whether an evacuation may be needed; and
• Names of individuals and/or organizations who have also been contacted.
112.7(a)(5) Does not apply if the facility has submitted a FRP under §112.20: Plan organized so that portions describing procedures to be used when a discharge occurs will be readily usable in an emergency
112.7(b) Plan includes a prediction of the direction, rate of flow, and total quantity of oil that could be discharged for each type of major equipment failure where experience indicates a reasonable potential for equipment failure
112.7(c) Appropriate containment and/or diversionary structures or equipment are provided to prevent a discharge as described in §112.1(b), except as provided in §112.7(k) of this section for certain qualified operational equipment and §112.9(d)(3) for certain flowlines and intra-facility gathering lines at an oil production facility. The entire containment system, including walls and floors, are capable of containing oil and are constructed to prevent escape of a discharge from the containment system before cleanup occurs. The method, design, and capacity for secondary containment address the typical failure mode and the most likely quantity of oil that would be discharged. See Attachment A of this checklist.
For onshore facilities, one of the following or its equivalent:
• Dikes, berms, or retaining walls sufficiently impervious to contain oil,
• Curbing or drip pans,
• Sumps and collection systems,
• Culverting, gutters or other drainage systems,
• Weirs, booms or other barriers,
• Spill diversion ponds,
• Retention ponds, or
• Sorbent materials.
Identify which of the following are present at the facility and if appropriate containment and/or diversionary structures or equipment are provided as described above:
Bulk storage containers
Oil-filled operational equipment (as defined in 112.2)
Other oil-filled equipment (i.e., manufacturing equipment)
Piping and related appurtenances
Mobile refuelers of non-transportation-related tank cars
Transfer areas, equipment and activities
Identify any other equipment or activities that are not listed above
112.7(d) Secondary containment for one (or more) of the following provisions is determined to be impracticable:
General secondary containment §112.7(c)
Loading/unloading rack §112.7(h)(1)
Bulk storage containers §§112.8(c)(2)/112.12(c)(2)
Mobile/portable containers §§112.8(c)(11)/112.12(c)(11)
Yes to any of the secondary containments above?
• The impracticability of secondary containment is clearly demonstrated and described in the Plan
• For bulk storage containers, periodic integrity testing of containers and integrity and leak testing of the associated valves and piping is conducted
(Does not apply if the facility has submitted a FRP under §112.20):
• Contingency Plan following the provisions of 40 CFR part 109 is provided (see Attachment C of this checklist) AND
• Written commitment of manpower, equipment, and materials required to expeditiously control and remove any quantity of oil discharged that may be harmful
112.7(e) Inspections and tests conducted in accordance with written procedures
Record of inspections or tests signed by supervisor or inspector
Kept with Plan for at least 3 years (see Attachment B of this checklist)
112.7(f) Personnel, training, and oil discharge prevention procedures
(1) Training of oil-handling personnel in operation and maintenance of equipment to prevent discharges; discharge procedure protocols; applicable pollution control laws, rules, and regulations; general facility operations; and contents of SPCC Plan
(2) Person designated as accountable for discharge prevention at the facility and reports to facility management
(3) Discharge prevention briefings conducted at least once a year for oil handling personnel to assure adequate understanding of the Plan. Briefings highlight and describe known discharges as described in §112.1(b) or failures, malfunctioning components, and any recently developed precautionary measures
112.7(h) Tank car and tank truck loading/unloading rack is present at the facility
Loading/unloading rack means a fixed structure (such as a platform, gangway) necessary for loading or unloading a tank truck or tank car, which is located at a facility subject to the requirements of this part. A loading/unloading rack includes a loading or unloading arm, and may include any combination of the following: piping assemblages, valves, pumps, shut-off devices, overfill sensors, or personnel safety devices.
(1) Does loading/unloading rack drainage flow to catchment basin or treatment facility designed to handle discharges or use a quick drainage system?
Containment system holds at least the maximum capacity of the largest single compartment of a tank car/truck loaded/unloaded at the facility
(2) An interlocked warning light or physical barriers, warning signs, wheel chocks, or vehicle brake interlock system in the area adjacent to the loading or unloading rack to prevent vehicles from departing before complete disconnection of flexible or fixed oil transfer lines
(3) Lower-most drains and all outlets on tank cars/trucks inspected prior to filling/departure, and, if necessary ensure that they are tightened, adjusted, or replaced to prevent liquid discharge while in transit
112.7(i) Brittle fracture evaluation of field-constructed aboveground containers is conducted after tank repair, alteration, reconstruction, or change in service that might affect the risk of a discharge or after a discharge/failure due to brittle fracture or other catastrophe, and appropriate action taken as necessary (applies to only field-constructed aboveground containers in production service, drilling, and workover service)
112.7(j) Discussion of conformance with applicable more stringent State rules, regulations, and guidelines and other effective discharge prevention and containment procedures listed in 40 CFR part 112
112.7(k) Qualified oil-filled operational equipment is present at the facility?
Oil-filled operational equipment means equipment that includes an oil storage container (or multiple containers) in which the oil is present solely to support the function of the apparatus or the device. Oil-filled operational equipment is not considered a bulk storage container, and does not include oil-filled manufacturing equipment (flow-through process). Examples of oil-filled operational equipment include, but are not limited to, hydraulic systems, lubricating systems (e.g. , those for pumps, compressors and other rotating equipment, including pumpjack lubrication systems), gear boxes, machining coolant systems, heat transfer systems, transformers, circuit breakers, electrical switches, and other systems containing oil solely to enable the operation of the device.
Secondary Containment provided in accordance with 112.7(c)
Alternative measure described below (confirm eligibility)
112.7(k) Qualified Oil-Filled Operational Equipment
• Has a single reportable discharge as described in §112.1(b) from any oil-filled operational equipment exceeding 1,000 U.S. gallons occurred within the three years prior to Plan certification date?
• Have two reportable discharges as described in §112.1(b) from any oil-filled operational equipment each exceeding 42 U.S. gallons occurred within any 12-month period within the three years prior to Plan certification date?
If YES for either, secondary containment in accordance with §112.7(c) is required
• Facility procedure for inspections or monitoring program to detect equipment failure and/or a discharge is established and documented
Does not apply if the facility has submitted a FRP under §112.20:
• Contingency plan following 40 CFR part 109 (see Attachment C of this checklist) is provided in Plan AND
• Written commitment of manpower, equipment, and materials required to expeditiously control and remove any quantity of oil discharged that may be harmful is provided in Plan
Onshore oil production facilities—40 cfr 112.9
(1) At tank batteries, separation and treating areas where there is a reasonable possibility of a discharge as described in §112.1(b), drains for dikes or equivalent measures are closed and sealed except when draining uncontaminated rainwater. Accumulated oil on the rainwater is removed and then returned to storage or disposed of in accordance with legally approved methods. Prior to drainage, diked area inspected and action taken as provided below:
• 112.8(c)(3)(ii) - Retained rainwater is inspected to ensure that its presence will not cause a discharge as described in §112.1(b)
• 112.8(c)(3)(iii) - Bypass valve opened and resealed under responsible supervision
• 112.8(c)(3)(iv) - Adequate records of drainage are kept; for example, records required under permits issued in accordance with §122.41(j)(2) and (m)(3)
(2) Field drainage systems (e.g., drainage ditches or road ditches) and oil traps, sumps, or skimmers inspected at regularly scheduled intervals for oil, and accumulations of oil promptly removed
Bulk storage container means any container used to store oil. These containers are used for purposes including, but not limited to, the storage of oil prior to use, while being used, or prior to further distribution in commerce. Oil-filled electrical, operating, or manufacturing equipment is not a bulk storage container.
(1) Containers materials and construction are compatible with material stored and conditions of storage such as pressure and temperature
(2) Except as allowed for flow-through process vessels in §112.9(c)(5) and produced water containers in §112.9(c)(6), secondary containment provided for all tank battery, separation and treating facilities sized to hold the capacity of largest single container and sufficient freeboard for precipitation.
Drainage from undiked area safely confined in a catchment basin or holding pond.
(3) Except as allowed for flow-through process vessels in §112.9(c)(5) and produced water containers in §112.9(c)(6), periodically and upon a regular schedule, visually inspect containers for deterioration and maintenance needs, including foundation and supports of each container on or above the surface of the ground
New and old tank batteries engineered/updated in accordance with good engineering practices to prevent discharges including at least one of the following:
• Adequate container capacity to prevent overfill if a pumper/gauger is delayed in making regularly scheduled rounds;
• Overflow equalizing lines between containers so that a full container can overflow to an adjacent container;
• Adequate vacuum protection to prevent container collapse; or
• High level sensors to generate and transmit an alarm to the computer where the facility is subject to a computer production control system
(5) Flow-through Process Vessels. Alternate requirements in lieu of sized secondary containment required in (c)(2) and requirements in (c)(3) above for facilities with flow-through process vessels:
(i) Flow-through process vessels and associated components (e.g. dump valves) are periodically and on a regular schedule visually inspected and/or tested for leaks, corrosion, or other conditions that could lead to a discharge as described in §112.1(b)
(ii) Corrective actions or repairs have been made to flow-through process vessels and any associated components as indicated by regularly scheduled visual inspections, tests, or evidence of an oil discharge
(iii) Oil removed or other actions initiated to promptly stabilize and remediate any accumulation of oil discharges associated with the produced water container
(iv) All flow-through process vessels comply with §§112.9(c)(2) and (c)(3) within six months of any flow-through process vessel discharge of more than 1,000 U.S. gallons of oil in a single discharge as described in §112.1(b) or discharges of more than 42 U.S. gallons of oil in each of two discharges as described in §112.1(b) within any twelve month period.
(6) Produced Water Containers. Alternate requirements in lieu of sized secondary containment required in (c)(2) and requirements in (c)(3) above for facilities with produced water containers:
(i) A procedure is implemented on a regular schedule for each produced water container that is designed to separate the free-phase oil that accumulates on the surface of the produced water.
• A description is included in the Plan of the procedures, frequency, and amount of free-phase oil expected to be maintained inside the container;
• PE certifies in accordance with §112.3(d)(1)(vi);
• Records of such events are maintained in accordance with §112.7(e).
If this procedure is not implemented as described in the Plan or no records are maintained, then facility owner/operator must comply with §112.9(c)(2) and (c)(3).
(ii) Each produced water container and associated piping is visually inspected, on a regular basis, for leaks, corrosion, or other conditions that could lead to a discharge as described in §112.1(b) in accordance with good engineering practice.
(iii) Corrective action or necessary repairs were made to any produced water container and associated piping as indicated by regularly scheduled visual inspections, tests, or evidence of an oil discharge.
(iv) Oil removed or other actions initiated to promptly stabilize and remediate any accumulation of oil discharges associated with the produced water container.
(v) All produced water containers comply with §§112.9(c)(2) and (c)(3) within six months of any produced water container discharge of more than 1,000 U.S. gallons of oil in a single discharge as described in §112.1(b) or discharges of more than 42 U.S. gallons of oil in each of two discharges as described in §112.1(b) within any twelve month period.14
(1) All aboveground valves and piping associated with transfer operations are inspected periodically and upon a regular schedule to determine their general condition. Include the general condition of flange joints, valve glands and bodies, drip pans, pipe supports, pumping well polish rod stuffing boxes, bleeder and gauge valves, and other such items
(2) Saltwater (oil field brine) disposal facilities inspected often to detect possible system upsets capable of causing a discharge, particularly following a sudden change in atmospheric temperature
(3) If flowlines and intra-facility gathering lines are not provided with secondary containment in accordance with §112.7(c) and the facility is not required to submit an FRP under §112.20, then the SPCC Plan includes:
(i) • An oil spill contingency plan following the provisions of 40 CFR part 109
(ii) • A written commitment of manpower, equipment, and materials required to expeditiously control and remove any quantity of oil discharged that might be harmful
(4) A flowline/intra-facility gathering line maintenance program to prevent discharges is prepared and implemented and includes the following procedures:
(i) Flowlines and intra-facility gathering lines and associated valves and equipment are compatible with the type of production fluids, their potential corrosivity, volume, and pressure, and other conditions expected in the operational environment
(ii) Flowlines and intra-facility gathering lines and associated appurtenances are visually inspected and/or tested on a periodic and regular schedule for leaks, oil discharges, corrosion, or other conditions that could lead to a discharge as described in §112.1(b).
If flowlines and intra-facility gathering lines are not provided with secondary containment in accordance with §112.7(c), the frequency and type of testing allows for the implementation of a contingency plan as described under 40 CFR 109 or an FRP submitted under §112.20
(iii) Repairs or other corrective actions are made to any flowlines and intra-facility gathering lines and associated appurtenances as indicated by regularly scheduled visual inspections, tests, or evidence of a discharge
(iv) Oil removed or other actions initiated to promptly stabilize and remediate any accumulations of oil discharges associated with the flowlines, intra-facility gathering lines, and associated appurtenances
Onshore oil drilling and workover facilities—40 cfr 112.10
112.10(b) Mobile drilling or workover equipment is positioned or located to prevent a discharge as described in §112.1(b)
112.10(c) Catchment basins or diversion structures are provided to intercept and contain discharges of fuel, crude oil, or oily drilling fluids
112.10(d) Blowout prevention (BOP) assembly and well control system installed before drilling below any casing string or during workover operations. BOP assembly and well control system is capable of controlling any well-head pressure that may be encountered while on the well