Spill prevention, control, and countermeasures (SPCC) - New York

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 York State Department of Environmental Conservation.

It is our understanding that New York state requires that the SPCC Plan be certified by a New York state Professional Engineer unless the facility is qualified to self-certify its plan. Also, the New York State DEC requires that applications for a license for a major oil storage facility (MOSF) include the SPCC plan.