• Part 112 is the primary regulation that the EPA uses to establish requirements for oil-producing facilities to help prevent harmful discharges of oil and to respond quickly and appropriately to protect waterways if spills do happen.

Promulgated on December 11, 1973, Part 112 is called “Oil Pollution Prevention.” The regulation was mandated by the Federal Water Pollution Control Act (FWPCA) of 1972 (also called the Clean Water Act (CWA)) for the prevention of oil spills into navigable waters and adjoining shorelines of the U.S. Unlike some other federal environmental programs, the CWA does not authorize the Environmental Protection Agency (EPA) to delegate the Oil Pollution Prevention Program implementation or enforcement to state, local, or tribal representatives. Therefore, it is entirely implemented and enforced by federal EPA.

SPCC rule

Subparts A through C of Part 112 are often referred to as the spill prevention, control, and countermeasure regulations, or simply the “SPCC rule.” Focusing primarily on facility-related oil spill prevention, preparedness, and response, the SPCC rule is designed to protect public health, public welfare, and the environment from potential harmful effects of oil discharges to navigable waters or adjoining shorelines. The rule requires certain facilities (that could reasonably be expected to discharge oil in quantities that may be harmful into navigable waters of the U.S. or adjoining shorelines) to develop and implement SPCC Plans. The written plans ensure that these facilities put in place containment, controls, and countermeasures that will prevent oil discharges. The requirements to develop, implement, and revise the SPCC Plan, as well as train employees to carry it out, allow facility owners and operators to achieve the goal of preventing, preparing for, and responding to oil discharges that threaten navigable waters and adjoining shorelines.

Facility response plans

Part 112 also includes requirements for facility response plans (FRPs) that address oil discharge preparedness requirements for a subset of SPCC-regulated facilities. These requirements define who must prepare and submit an FRP and what must be included in the plan. The regulations, often referred to as the “FRP rule,” are found in Subpart D of Part 112 (and related appendices). The FRP rule applies to a subset of SPCC facilities, which are those that:

• Have 42,000 gallons or more of oil storage capacity and transfer oil over water to or from vessels; or
• The facility has a total oil storage capacity of one million gallons (or more) and one the following is true:
  • There is not sufficient secondary containment for each aboveground storage area;
  • The facility is located such that a discharge of oil could harm fish, wildlife, and sensitive environments;
  • The facility is located such that discharge of oil would shut down a public drinking water intake; or
  • The facility has had a reportable oil discharge within the last five years in an amount greater than or equal to 10,000 gallons.