If a gas station is subject to the SPCC requirements because of its aboveground storage capacity, must the fuel pumps or dispensers connected to underground storage tanks meet to be in compliance?

Gas stations typically are not subject to the Spill Prevention, Control, and Countermeasure (SPCC) requirements because completely buried storage tanks subject to 40 CFR 280 or 281 are exempt per 40 CFR 112.1(d)(4). However, a gas station would be subject to the SPCC requirements if it has more than 1,320 gallons of oil in aggregate aboveground storage capacity (e.g., aboveground storage tanks containing gasoline or used motor oil).

Transfer areas, such as areas containing dispensers or other oil transfer equipment, associated with exempted USTs at an otherwise regulated SPCC facility are subject to the secondary containment requirements in 112.7(c). A transfer operation is one in which oil is moved from or into some form of transportation, storage, equipment, or other device, into or from some other or similar form of transportation, such as a pipeline, truck, tank car, or other storage, equipment, or device. Areas where oil is transferred but no loading or unloading rack is present are subject to 112.7(c), and thus appropriate containment and/or diversionary structures are required, which may include active containment such as response action or sorbent deployment. EPA does not require specifically-sized containment for transfer areas; however, containment size must be based on good engineering practice (see 112.3(d)).