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 their 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. See New Hampshire Department of Environmental Services (DES).
It is our understanding that New Hampshire requires the submission of the signed certification page of its federal SPCC plan to the New Hampshire DES for certain regulated aboveground storage tank (AST) systems.
Citations
- New Hampshire Rules Section Env-Or 306.02 — Spill prevention control and countermeasure planning
- New Hampshire Revised Statutes Chapter 146-A — Oil discharge or spillage in surface water or groundwater
- Federal regulation 40 CFR 112 — Oil pollution prevention
