40 CFR Part 112 is the EPA Oil Pollution Prevention regulation. It is the federal rule that creates the Spill Prevention, Control, and Countermeasure (SPCC) program, and it is the citation you will see referenced throughout every SPCC plan, inspection finding, and enforcement action. This guide walks through how Part 112 is organized and what each of the sections you are most likely to encounter actually requires, then points to the detailed guides for the topics that need more room.
Common Points of Confusion
How Part 112 Is Organized
Part 112 is divided into four subparts plus a set of appendices. Most facilities spend nearly all their time in Subpart A and Subpart B.
| Subpart | Sections | What it covers |
|---|---|---|
| A | 112.1 - 112.7 | Applicability, definitions, the requirement to prepare and implement a plan, amendments and review, qualified facility provisions, and the general requirements that apply to every SPCC plan. |
| B | 112.8 - 112.11 | Requirements for petroleum and non-petroleum oils, broken out by facility type: onshore facilities, onshore production, drilling and workover, and offshore. |
| C | 112.12 - 112.15 | Parallel requirements for animal fats and oils, greases, fish and marine mammal oils, and vegetable oils. |
| D | 112.20 - 112.21 | Response requirements. This is where Facility Response Plans (FRPs) live, along with response training and drills. Separate from, and additional to, the SPCC plan. |
Section 112.1: Applicability
Section 112.1 sets the boundary of the entire program. A facility is covered when all of the following are true:
- It is non-transportation-related, drilling, producing, gathering, storing, processing, refining, transferring, distributing, using, or consuming oil;
- Its aggregate aboveground oil storage capacity exceeds 1,320 gallons, counting only containers with a capacity of 55 gallons or more, or its completely buried storage capacity exceeds 42,000 gallons; and
- There is a reasonable expectation of a discharge to navigable waters of the United States or adjoining shorelines.
Two details trip facilities up regularly. First, the threshold is based on capacity, not contents: an empty 5,000-gallon tank still counts toward the aggregate. Second, the reasonable-expectation test is evaluated without regard to secondary containment. You cannot argue your way out of applicability by pointing at the dike that would catch the release.
Section 112.3: Requirement to Prepare and Implement a Plan
Section 112.3 establishes that a covered facility must prepare a written SPCC plan and implement it. Implementation is the operative word. A plan that sits in a binder while the inspections it describes are not performed is a violation of 112.3, not merely a paperwork gap.
The section also addresses timing for facilities that come into scope: a new facility must have its plan prepared and implemented before it begins operations. Section 112.3 further requires that a complete copy of the plan be maintained at the facility if the facility is normally attended at least four hours per day, or at the nearest field office if it is not, and that it be available for on-site review by the Regional Administrator during normal working hours.
Sections 112.4 and 112.5: Amendments and Review
112.4 - Amendment by the Regional Administrator
If a facility discharges more than 1,000 gallons of oil into navigable waters in a single event, or discharges more than 42 gallons in each of two events within any twelve-month period, it must submit specified information about the facility and the discharge to the EPA Regional Administrator. The Regional Administrator may then require amendments to the plan.
112.5 - Amendment by the owner or operator
Paragraph (a) requires a technical amendment whenever there is a change in facility design, construction, operation, or maintenance that materially affects the potential for a discharge. Paragraph (b) requires a complete review and evaluation of the plan at least once every five years, with the review documented whether or not it results in changes.
Both types of amendment must be certified by a Professional Engineer unless the facility qualifies for self-certification, and implemented within six months. See SPCC plan review and amendments for the full treatment of what triggers each type and how the timelines run.
Section 112.6: Qualified Facilities
Section 112.6 creates a reduced-burden path for smaller facilities. A qualified facility has aggregate aboveground oil storage capacity of 10,000 gallons or less and a clean recent discharge history (no single discharge over 1,000 gallons and no two discharges over 42 gallons each within any twelve-month period in the three years prior to plan certification). Qualified facilities may self-certify their plan rather than obtaining PE certification.
The section splits qualified facilities into two tiers. A Tier I facility additionally has no individual aboveground container larger than 5,000 gallons, and may complete EPA's Tier I Qualified Facility SPCC Plan Template, published as Appendix G to Part 112, in place of a conventional narrative plan. A Tier II facility meets the qualified facility criteria but has at least one container over 5,000 gallons, so it self-certifies a full-format plan instead.
Section 112.7: General Requirements for All Plans
Section 112.7 is the longest and most frequently cited section in the rule. It applies to every SPCC plan regardless of facility type, and its lettered paragraphs are the ones you will see quoted in inspection findings.
| Paragraph | Requirement |
|---|---|
| 112.7(a) | General plan content: conformance with the rule, a facility diagram, deviations explained, predicted discharge flow direction and volume, and a description of discharge prevention measures. |
| 112.7(c) | General secondary containment. Appropriate containment or diversionary structures sized to contain the most likely discharge until cleanup occurs. |
| 112.7(d) | The impracticability determination. If containment is not practicable, the facility must explain why, conduct periodic integrity and leak testing, and develop a contingency plan. |
| 112.7(e) | Inspections, tests, and records. Written procedures, signed records, and a three-year retention requirement. |
| 112.7(f) | Personnel training and discharge prevention briefings, including designation of a person accountable for discharge prevention. |
| 112.7(g) | Facility security: valve locks, pump controls, lighting, and fencing appropriate to the site. |
| 112.7(h) | Loading and unloading racks, including a containment system sized for the largest compartment of a tank car or truck, and warning systems to prevent drive-away. |
| 112.7(i) | Brittle fracture evaluation for field-constructed aboveground containers after repair, alteration, or a change in service. |
| 112.7(j) | Conformance with applicable state requirements and other effective discharge prevention procedures. |
Section 112.8: Onshore Facilities
Section 112.8 layers facility-specific requirements on top of 112.7 for onshore facilities other than production. Its most-cited paragraphs are:
112.8(b) - Facility drainage
Drainage from diked areas must be restrained, with valves of manual open-and-closed design rather than flapper-type valves that can fail open. Accumulated stormwater must be inspected before release.
112.8(c)(2) - Sized secondary containment
Bulk storage containers require secondary containment sized to hold the capacity of the largest single container plus sufficient freeboard for precipitation. This is the sized containment requirement, and it is stricter than the general containment obligation of 112.7(c). See secondary containment requirements for the calculation.
112.8(c)(6) - Integrity testing
Bulk storage containers must be tested or inspected for integrity on a regular schedule and whenever material repairs are made, combining visual inspection with another testing technique in accordance with industry standards. See the tank integrity testing guide for STI SP001 and API 653.
Frequently Asked Questions
What is 40 CFR Part 112?
40 CFR Part 112 is the EPA Oil Pollution Prevention regulation, promulgated under Section 311 of the Clean Water Act. It establishes the Spill Prevention, Control, and Countermeasure (SPCC) program in Subparts A through C and the Facility Response Plan program in Subpart D. Its purpose is to prevent oil discharges from non-transportation-related facilities from reaching navigable waters of the United States and adjoining shorelines.
What does 40 CFR 112.7 require?
Section 112.7 sets the general requirements that apply to every SPCC plan regardless of facility type. Its lettered paragraphs cover general plan content and the facility diagram in (a), general secondary containment in (c), impracticability determinations in (d), inspections, tests, and three-year record retention in (e), personnel training in (f), facility security in (g), loading and unloading racks in (h), brittle fracture evaluation in (i), and conformance with state requirements in (j).
What is the difference between 112.7(c) and 112.8(c)(2)?
Section 112.7(c) is the general secondary containment requirement: containment appropriate to hold the most likely discharge from an activity such as a transfer operation or a piece of oil-filled equipment. Section 112.8(c)(2) is the sized secondary containment requirement for bulk storage containers, which must hold the capacity of the largest single container plus freeboard for precipitation. Bulk storage containers are held to the stricter sized standard.
Who does 40 CFR 112 apply to?
The rule applies to a non-transportation-related facility that has aggregate aboveground oil storage capacity exceeding 1,320 gallons, counting only containers of 55 gallons or larger, or completely buried storage capacity exceeding 42,000 gallons, and that could reasonably be expected to discharge oil to navigable waters or adjoining shorelines. Capacity governs rather than contents, so an empty container still counts, and the reasonable-expectation test is evaluated without credit for existing secondary containment.
What does 40 CFR 112.5 require?
Section 112.5 governs amendments made by the owner or operator. Paragraph (a) requires a technical amendment whenever a change in facility design, construction, operation, or maintenance materially affects the potential for a discharge. Paragraph (b) requires a complete review and evaluation of the plan at least once every five years, documented whether or not changes result. Amendments must be certified by a Professional Engineer unless the facility qualifies for self-certification, and implemented within six months.
Does 40 CFR 112 require a Facility Response Plan?
Only for facilities that meet the substantial harm criteria. Subpart D of Part 112 establishes the Facility Response Plan requirement, which addresses responding to a worst-case discharge, while the SPCC plan under Subparts A through C addresses preventing and containing one. The two are separate obligations, and a facility that needs an FRP still needs an SPCC plan.
Is an SPCC plan submitted to EPA for approval?
No. An SPCC plan is not a permit and there is no application or approval process. The facility prepares the plan, obtains PE certification or self-certifies where eligible, implements it, and keeps a complete copy available for on-site review. A complete copy must be maintained at the facility if it is normally attended at least four hours per day, or at the nearest field office otherwise.
Where can I read the official text of 40 CFR 112?
The current authoritative text is published on the eCFR at ecfr.gov under Title 40, Chapter I, Subchapter D, Part 112. EPA also maintains plain-language overviews, fact sheets, and the SPCC Guidance for Regional Inspectors on its Oil Spills Prevention and Preparedness Regulations pages. Summaries such as this one are useful for orientation but do not replace the regulatory text.
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