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Spill Prevention, Control and Countermeasure Act
Effective Date: October 31, 2007.


Driven by the EPA’s Federal Water Pollution Control Act, this ruling is designed to prevent oil discharges.

Background of the SPCC Act

The Act was originally drafted in 1973. It was revised and strengthened in August of 2002. One significant change was to state that “users” of oil must comply. The regulation now reads that " facilities that drill, produce, gather, store, use, process, refine, transfer, distribute or consume oil and oil products" must comply. Gasoline and diesel are considered “oil products” and are regulated by SPCC.

Who must comply?

Facilities with total, above-ground, oil storage capacity (not actual gallons on site) of greater than 1,320 gallons. Storage capacity includes fixed tanks as well as fuel tanks on operating equipment. Storage containers that are 55-gallons and greater are used to calculate total capacity. Facilities with below-ground storage capacity of greater than 42,000 gallons must also comply.

What are the basics of an SPCC Plan?

The SPCC Plan must address all relevant spill prevention, control and countermeasures necessary to minimize the potential for oil discharge. One requirement is to provide appropriate containment and/or diversionary structures, i.e. dikes, berms or retaining walls, to prevent a discharge. A means of secondary containment sufficient to contain the capacity of the largest single compartment or container with sufficient freeboard to contain precipitation is mandated. Products that seal drains or divert spills from drains, as well as sorbents, are considered “control” or “countermeasures”.

How do I comply?

The document is found in the Federal Register; Federal Tank Truck Regs, July 17, 2002. You can find it at http://www.epa.gov/fedrgstr/EPAFR-CONTENTS/2002/July/Day-17/contents.htm.
(Scroll down to the paragraph entitled “Water Programs: Oil pollution prevention and response; non-transportation-related onshore and offshore facilities”.)

Click here for more information on SPCC

DOT 49 CFR 173.3© Salvage Drums. Packages of hazardous materials that are damaged, defective, or found leaking and hazardous materials that have spilled or leaked (including used sorbents) may be placed into a metal or plastic removable head drum that is compatible with the lading and shipped for repackaging or disposal under the following conditions:

1. Drums must be a UN 1A2, 1B2, 1N2 or 1II2 tested and marked for Packing Group III or higher performance standards for liquids or solids and meet a leakproof test of 3 psi.
2. Each drum shall be provided when necessary with sufficient cushioning and absorption material to prevent excessive movement of the damaged package and eliminate the presence of any free liquid at the time the salvage drum is closed.
3. Each drum shall be marked with the proper shipping name of the material inside the packaging and the name and address of the consignee. In addition, the drum shall be marked “Salvage Drum.�? (Note: an “Overpack�? is not a Salvage Drum, unless it meets the requirements of 1, above.)
4. Each drum shall be labeled as prescribed for the respective material.
5. The shipper shall prepare shipping papers in accordance with subpart C of Part 172.

EPA 40 CFR 264.173 (1995) Management of Containers. A container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste. A container holding hazardous waste must not be opened, handled, or stored in a manner which may rupture the container or cause it to leak.

EPA 40 CFR 264.175 Containment of Containers Containing Free Liquid. A containment system must be designed and operated as follows:

1. The containment unit must underlie the containers and must be free of cracks or gaps and be sufficiently impervious to contain leaks, spills and accumulated precipitation.
2. The base of the containment unit must be sloped or designed to drain and remove liquids resulting from leaks, spills or precipitation, unless the containers are elevated or otherwise protected from contact with accumulated liquids.
3. The containment system must have sufficient capacity to contain 10% of the volume of containers or the volume of the largest container, whichever is greater.

EPA 40 CFR 264.177 and EPA 40 CFR 265.177 Special Containment Requirements for Incompatible Wastes. A storage container that is holding a hazardous waste that is incompatible with any waste or other materials stored nearby in other containers, piles, open tanks, or surface impoundments must be separated from the other materials or protected from them by means of a dike, berm or other containment device.

EPA 40 CFR 264.1086 and EPA 40 CFR 265.1087 Closed Container Regulations (Federal Register 12/6/94) Containers which store hazardous waste must have a cover which operates with no detectable organic emissions when all container openings, (e.g., lids, bungs, hatches, etc.) are secured in a closed, sealed position.

Each container opening shall be maintained in a closed, sealed position at all times that hazardous waste is in the container except when it is necessary to use the opening to:

Uniform Fire Code (UFC) 79.406 when used as a substitute for spill control, drainage control and secondary containment as set forth in section 79.405, containment pallets shall comply with the following:

1. A liquid-tight sump accessible for visual inspection shall be provided.
2. The sump shall be designed to contain not less than 66 gallons.
3. Exposed surfaces shall be compatible with the material stored
4. Containment pallets shall be protected to prevent collection of rain water within the sump


New York State Chemical Bulk Storage Regulation Section 599.17C – Secondary Containment for Transfer Stations.

© Secondary containment for transfers. (1) Transfer of hazardous substances must take place within a transfer station which is equipped with a permanently installed secondary containment system.

(2) This containment system must:

(i) be capable of collecting leaks and spills which are likely to occur during the transfer including leaks or spills from connections, couplings, vents, pumps and valves, hose failure or overturning of a container. Open-ended fill lines must be located with the secondary containment system; (ii) be designed and constructed with a permeability rate to the substance(s) transferred of less than 1 × 10-6 cm/sec. Properly designed concrete which has water stops on all seams and is compatible with the substance(s) stored or other equivalent or superior material satisfies this requirement; (iii) be designed, installed, and operated to prevent any migration of hazardous substances, components of hazardous substances or degraded products, out of the system to the soil, groundwater, or surface waters before cleanup occurs. The system does not have to be designed to contain the gaseous component of a spill; (iv) be constructed, coated, or lined with materials that are compatible with the substances to be transferred and the environment. The system must have sufficient strength and thickness to withstand wear, hydrostatic forces, frost heaving and weathering. It must support without failure, any vehicle brought into the transfer station, and must have a foundation which prevents failure due to settlement, compression, or uplift; (v) be equipped with a sump and either a manually controlled pump or siphon, manually controlled dike valve, or any other manually controlled drainage system to permit the drainage of liquids resulting from leaks, spills, and precipitation. Control of the pump, siphon or valve must be possible from outside of the diked area. All drainage systems must be locked in a closed position when a transfer of a hazardous substance is in progress. Spilled or leaked substances must be removed from the containment system within twenty-four (24) hours; and (vi) contain the volume of any leak or spill likely to occur at the transfer station.

(3) Stormwater must be pumped from slop tanks and catch tanks to allow for the containment of the volume required by subdivision 599.17©(2)(vi) above.


A Stormwater Pollution Prevention Plan (SWPPP) is basically an erosion, sediment and waste chemical control plan. It is up to the permit holder to decide what types of Best Management Practices (BMPs) to use at a given site, but the company/municipality/contractor must comply with the permit requirement.

SWPPPs will typically include:

What are the Permit Requirements?

Permit holders are required to develop, implement and enforce a stormwater management program to:

What are Baseline BMPs?

What are Advanced BMPs?

Partial List of Industries Requiring a Stormwater Pollution Prevention Plan

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