Spill Prevention Control and Countermeasures (SPCC) state comparison

Originally published in 1973 under the authority of section 311 of the Clean Water Act and 33 U.S.C. 1321(j)(1)(C), the Oil Pollution Prevention regulation at EPA 40 CFR 112 sets forth requirements for the prevention of, preparedness for, and response to oil discharges at specific non-transportation-related facilities. The regulation is intended to prevent oil from reaching navigable waters and adjoining shorelines, and to contain discharges of oil.

Part 112 requires covered facilities to develop and implement spill prevention, control, and countermeasure (SPCC) plans and establishes procedures, methods, and equipment requirements in subparts A, B, and C and appendices A, B, C, and G. Unlike some other federal environmental programs, the Clean Water Act does not authorize EPA to delegate the SPCC program implementation or enforcement to state, local, or tribal representatives.

Therefore, any state, territory, local, or tribal laws and regulations on oil spill prevention, control, and countermeasure cannot preempt federal SPCC requirements. Put another way, covered facilities in all U.S. locations must meet federal SPCC regulations. States, territories, localities, and tribes may, however, add other and/or more stringent requirements in those jurisdictions. To be compliant with all authorities having jurisdiction, it is important to check with your state, territory, local, or tribal agencies for more information.