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Each state manages spill prevention control and countermeasures differently. Use the chart below to determine if additional requirements apply to your operations.
State comparison
State
Adherence to Federal Regulations
State Regulatory Citation(s)
Administering State Agency
Summary of State Requirements
Alabama
Yes
None
N/A
N/A
Alaska
No
18 AAC 75 Article 4 and AS 46.04
Alaska Department of Environmental Conservation
Federal EPA and the State of Alaska have separate regulations for oil discharge prevention and contingency plans. One plan may be developed containing regulatory components of both governments and submitted to both state and federal regulatory agencies to meet applicable regulations.
Arizona
Yes
None
N/A
N/A
Arkansas
Yes
None
N/A
N/A
California
Yes
None
N/A
N/A
Colorado
Yes
None
N/A
N/A
Connecticut
Yes
None
N/A
N/A
Delaware
Yes
None
N/A
N/A
District of Columbia
Yes
None
N/A
N/A
Florida
Yes
None
N/A
N/A
Georgia
Yes
None
N/A
N/A
Hawaii
Yes
None
N/A
N/A
Idaho
Yes
None
N/A
N/A
Illinois
Yes
None
N/A
N/A
Indiana
Yes
None
N/A
N/A
Iowa
Yes
None
N/A
N/A
Kansas
Yes
None
N/A
N/A
Kentucky
No
400 KAR 4:140(15); 401 KAR 5:015 and :037
Kentucky Energy and Environment Cabinet Department for Environmental Protection (DEP) Division of Water
Kentucky has additional standards specific to exploration for and extraction of oil and gas (Section 15). Kentucky requires a professional engineer licensed in the state to certify an SPCC Plan.
Louisiana
Yes
None
N/A
N/A
Maine
No
Chapter 692; 38 MRSA §570-K(5); 38 MRSA §§1391-1399; 32 MRSA §1351
Maine Department of Environmental Protection
Professional engineers that certify SPCC Plans in the state of Maine must be certified in the state.
Maryland
Yes
None
N/A
N/A
Massachusetts
No
Massachusetts General Laws (MGL) Chapter 21E, Sections 1-19
Massachusetts Department of Environmental Protection
Owners of facilities that generate, store, collect, transport, treat, dispose, use, reuse, and/or recycle hazardous waste in Massachusetts must develop a contingency plan. If the owner or operator has already prepared a federal SPCC plan, they need only to add to the federal plan whatever information is necessary to comply with the state requirements.
Michigan
No
Michigan Administrative Code r. 324.2001 to .2009
Michigan Department of Environment, Great Lakes, and Energy
Michigan requires that specific facilities develop and implement a Pollution Incident Prevention Plan (PIPP).
Minnesota
No
Minnesota Statutes Chapter 115E
Minnesota Pollution Control Agency
Minnesota has developed its own version of the federal SPCC plan. Facilities in Minnesota must maintain both the federal SPCC plan and the state plan. See Minnesota Statutes 115E.
Mississippi
Yes
None
N/A
N/A
Missouri
Yes
None
N/A
N/A
Montana
No
None
N/A
N/A
Nebraska
Yes
None
N/A
N/A
Nevada
Yes
None
N/A
N/A
New Hampshire
No
NH Regs Env-Or 306.02 RSA 146-A
New Hampshire Department of Environmental Services
New Hampshire requires the submission of federal SPCC plans to the New Hampshire Department of Environmental Services (DES) for specific regulated aboveground storage tank (AST) systems. The state has also established secondary containment, inspection, and operating requirements for ASTs. See Env-Or 306.02.
The owner of a qualified facility may prepare and implement an SPCC Plan for the facility that is not prepared or approved, or certified, by a professional engineer.
New Jersey
No
NJSA 58:10-23
New Jersey Department of Environmental Protection
Owners or operators of a major facility or a transmission pipeline must submit to the New Jersey Department of Environmental Protection a discharge prevention, control, and countermeasure (DPCC) plan reviewed and certified by a professional engineer.
Owners or operators of a major facility or transmission pipeline must submit to the New Jersey Department of Environmental Protection a discharge response, cleanup, and removal contingency plan, attested to by the owner or operator, who shall certify the maximum emergency response capability at the major facility or transmission pipeline, that the trained personnel and response equipment as specified in the contingency plan are available or are at the disposal for the major facility or transmission pipeline, that the equipment is in good repair, and that the contingency plan is consistent with applicable local, regional, and State emergency response plans.
New Mexico
Yes
None
N/A
N/A
New York
No
NYCLS Article 12
NYS Department of Environmental Conservation
Federal EPA and New York require that every SPCC Plan be prepared in accordance with good engineering practices and certified by a NYS Professional Engineer unless the facility is qualified to self-certify their plan as a “Tier I” or “Tier II” facility. The NYS Department of Environmental Conservation (NYSDEC) requires that SPCC plans prepared in accordance with the federal program be submitted along with applications for a license for a Major Oil Storage Facility. NYSDEC does not, however, have any laws or regulations that are more stringent than EPA’s rules for self-certifying SPCC plans.
North Carolina
Yes
None
N/A
N/A
North Dakota
Yes
None
N/A
N/A
Ohio
Yes
None
N/A
N/A
Oklahoma
Yes
None
N/A
N/A
Oregon
No
OAR Chapter 340, Division 141
Oregon Department of Environmental Quality (DEQ) Water Quality Division
Oregon has requirements that may be more stringent than the federal plan. At a minimum, plans must meet the plan content criteria specified in OAR 340-141-0140 and meet the planning standards in 340-141-0150.
Pennsylvania
No
PA Storage Tank & Spill Prevention Act 25 Pa. Code Chapters 78.55 and 91.34
Pennsylvania Department of Environmental Protection (DEP)
Pennsylvania has state requirements for a Preparedness, Prevention and Contingency (PPC) plan. In general, any manufacturing or commercial installation which has the potential for causing accidental pollution of air, land, or water or for causing endangerment of public health and safety through accidental release of toxic, hazardous, or other polluting materials must develop, maintain, and implement a PPC plan.
Rhode Island
No
250 RICR 140-25-2
Rhode Island Department of Environmental Management (DEM)
In addition to the federal SPCC requirements, Rhode Island requires state-specific spill prevention and emergency plans for oil reception facilities, oil terminals, and any outdoor storage tanks.
South Carolina
Yes
None
N/A
N/A
South Dakota
Yes
None
N/A
N/A
Tennessee
Yes
None
N/A
N/A
Texas
No
TAC Title 30, Chapter 327 Texas Natural Resources Code Chapter 40
Texas Commission on Environmental Quality (TCEQ)
Texas has some state-specific spill prevention plan requirements in addition to the federal SPCC requirements.
Utah
Yes
None
N/A
N/A
Vermont
Yes
None
N/A
N/A
Virginia
No
9 VAC 25-91-170
Virginia Department of Environmental Quality (DEQ)
Virginia requires an oil discharge contingency plan (ODCP) for aboveground storage tank (AST) facilities.
Washington
No
WAC 173-180-600 to -670 and WAC 173-182
Washington Department of Ecology (WDOE)
Washington has its own state-specific oil spill prevention plan regulations requiring refineries and marine oil-handling terminals - known as Class 1 facilities - to prepare oil spill prevention plans that evaluate a facility’s risk of spilling oil and propose measures for reducing or eliminating these risks. See WAC 173-180-600 to -670. Washington has state-specific oil spill contingency plan regulations at WAC 173-182.
West Virginia
Yes
None
N/A
N/A
Wisconsin
Yes
None
N/A
N/A
Wyoming
No
Wyoming Statutes 35-11 Article 16 Wyoming Administrative Rules, Dept. of Environmental Quality (020), Voluntary Remediation Program (0012)
Wyoming Department of Enviornmental Quality (DEQ)
Wyoming has a voluntary remediation program (VRP). If the owner/operator of a facility wants to enter their facility into the VRP, they must implement a pollution prevention plan in accordance with the requirements in the state’s Pollution Prevention Plan Requirements at the time of a contaminant release in order to be considered for eligibility into the VRP.