Do I need an SPCC plan?
You need an SPCC plan if you store more than 1,320 gallons of oil aboveground, counting only containers of 55 gallons or more, and a spill from your site could reasonably reach a creek, river, lake, wetland, or ditch that drains to one. Farms get higher thresholds.
That comes from the federal Spill Prevention, Control, and Countermeasure (SPCC) rule, 40 CFR Part 112 (eCFR). A second trigger covers completely buried storage over 42,000 gallons, but buried tanks already regulated as underground storage tanks don't count toward it.
Two details trip people up right away:
- It's about capacity, not how much is in the tank. A 1,000-gallon tank that's half full counts as 1,000 gallons. The rule defines storage capacity as the container's shell capacity (40 CFR 112.2).
- "Oil" means more than fuel. Diesel, gasoline, motor and hydraulic oil, used oil, and even vegetable oils and animal fats all count (40 CFR 112.2).
Check your site
Answer five questions. This covers the federal rule for aboveground storage only. Read the steps below to count your capacity correctly.
Step 1: Add up your aboveground capacity
List every container that holds oil and is 55 gallons or bigger, and add up the sizes stamped on them. Under 55 gallons doesn't count (40 CFR 112.1(d)(5)).
| Counts toward the total | Doesn't count |
|---|---|
| Fuel tanks, skid tanks, and transfer tanks | Containers under 55 gallons |
| Drums and totes of motor oil, hydraulic oil, or grease | A vehicle's or tractor's own fuel tank ("motive power container") |
| Used oil tanks and drums | Tanks that are permanently closed: emptied, lines disconnected and blanked off, and posted with a closure sign |
| Fuel trailers, nurse tanks, and fuel trucks used on your own site (EPA farm FAQ) | Heating oil tanks used only at a single-family home |
| Tanks you only fill seasonally or keep on standby | Pesticide application equipment and mix containers |
| Milk containers; hot-mix asphalt | |
| Buried tanks already regulated as underground storage tanks |
Sources: 40 CFR 112.1(b) and (d), 40 CFR 112.2.
Example. A contractor's yard has a 1,000-gallon diesel tank, a 500-gallon gasoline tank, a 275-gallon used oil tank, and two 55-gallon drums of hydraulic oil. That's 1,885 gallons. Even if every tank is half empty, it's over 1,320, so the yard moves on to Step 2.
Step 2: Could a spill reach water?
If your total is over the threshold, the plan is required only if a spill could reasonably reach "navigable waters or adjoining shorelines." In practice, that includes creeks, rivers, lakes, and wetlands, and ditches or storm drains that lead to them.
- You make the call, based on location. EPA says the owner decides using things like distance to water, the slope of the land, and how the site drains (EPA: SPCC basics).
- Ignore your containment when you decide. The question is where oil would go if it got out, not whether your dike would hold it (EPA: SPCC basics).
- Write it down. Documenting the decision isn't required, but EPA recommends it. If you decide a spill couldn't reach water, you don't need a plan, but you still have to clean up any spill (EPA farm FAQ).
Farms: higher thresholds
A 2014 law, the Water Resources Reform and Development Act (WRRDA), gave farms their own, higher thresholds. A farm here means land used to grow crops or raise animals, including fish, that sold or would normally sell at least $1,000 of agricultural products a year (40 CFR 112.2).
| Farm's aggregate aboveground capacity | What's required |
|---|---|
| Under 2,500 gallons | No SPCC plan |
| 2,500 to 6,000 gallons, no reportable discharge history | No SPCC plan |
| Over 6,000 and under 20,000 gallons, no single tank over 10,000 gallons, no reportable discharge history | Plan required; the farmer can self-certify it |
| Any tank over 10,000 gallons, 20,000 gallons or more total, or a reportable discharge history | Plan certified by a Professional Engineer |
Source: EPA: SPCC Program, Farms and WRRDA.
Farms can also leave out:
- Containers of 1,000 gallons or less on separate parcels
- Containers holding animal feed ingredients approved for livestock feed
- The same exclusions everyone gets: home heating oil, pesticide application equipment, milk containers, and buried tanks under UST rules
Source: EPA WRRDA fact sheet.
EPA also says storage is figured separately for central fueling and for each parcel, tract, or field, rather than adding up every location you farm (EPA farm FAQ). Fuel trailers and trucks used only on the farm still count (EPA farm FAQ).
"Reportable discharge history" means a single spill of more than 1,000 gallons to water, or two spills of more than 42 gallons each within any 12 months, during the three years before you certify the plan. Spills caused by natural disasters, war, or terrorism don't count (40 CFR 112.3(g)).
These numbers could change. The farm thresholds come from the 2014 law, not the regulation text. EPA's 2015 study recommended dropping the 6,000-gallon tier and using 2,500 gallons for farms (EPA farm study), but we found no final rule making that change. Going the other way, the House passed the PERMIT Act (H.R. 3898) in December 2025, which would raise the farm thresholds, including 20,000 to 42,000 gallons and 2,500 to 3,000 (House Report 119-180; Beveridge & Diamond). As of our last check, it hadn't passed the Senate (Legislate). This guide will be updated if either changes.
Which kind of plan you need
If you need a plan and have 10,000 gallons or less with no reportable spill history, you can usually write and certify it yourself. EPA calls these "qualified facilities" (40 CFR 112.3(g)).
| Non-farm site | Plan type |
|---|---|
| 10,000 gallons or less, no container over 5,000 gallons, no spill history | Tier I: fill in and self-certify EPA's template |
| 10,000 gallons or less, a container over 5,000 gallons, no spill history | Tier II: write a full plan and self-certify it |
| Over 10,000 gallons, or a reportable spill history | A licensed Professional Engineer reviews and certifies the plan |
The Tier I template is Appendix G of the rule (40 CFR 112.6(a)), and the engineer requirement is in 40 CFR 112.3(d). Any site can choose an engineer-certified plan even if it qualifies to self-certify (EPA: SPCC basics).
What the plan has to cover
An SPCC plan isn't just paperwork. It describes the equipment and routines that keep oil in the tank, and you have to actually follow it. The main pieces for a typical tank site:
| Requirement | What it means in practice | Rule |
|---|---|---|
| Secondary containment | A dike, berm, double-wall tank, or similar that holds the entire contents of the largest container, plus room for rain | 112.8(c)(2) |
| Containment where you transfer fuel | Spill protection sized for a likely spill at fill points, loading areas, and mobile refuelers | EPA basics |
| Overfill prevention | At least one of: a high-level alarm, a high-level pump cutoff, direct communication between whoever is gauging and whoever is pumping, or a fast-response level gauge someone watches during the fill | 112.8(c)(8) |
| Inspections | Inspect or test each tank on a regular schedule using an industry standard, check supports and foundations, and keep records | 112.8(c)(6) |
| Fix leaks | Promptly fix visible leaks from seams, gaskets, piping, pumps, and valves, and remove oil that collects in the dike | 112.8(c)(10) |
| Training | Train the people who handle oil, name one person accountable for spill prevention, and hold a spill prevention briefing at least once a year | 112.7(f) |
| Keep it on site | Keep a full copy at the site if it's normally attended at least four hours a day | 112.3(e) |
| Keep it current | Amend the plan within six months of a change that affects spill risk, such as adding a tank, and put the change in place within six months after that. Review the whole plan at least once every five years | 112.5 |
Tier I sites using EPA's template can meet some of these in simpler ways, such as alternative overfill and containment measures spelled out in the rule (40 CFR 112.6(a)(3)).
Your state may add its own rules
The SPCC rule is federal and enforced by EPA, but many states have their own tank rules on top of it, and some apply even when you don't need a federal plan. EPA can't hand the SPCC program itself to a state (South Dakota DANR), so state rules are a separate layer. A few examples:
| State | What's different |
|---|---|
| California | Covers farms that store at least 1,320 gallons of petroleum aboveground, no matter how far they are from water. Covered farms file an annual tank facility statement, and farms under the conditional exemption must inspect tanks daily (CAL FIRE OSFM). |
| Minnesota | Commercial aboveground tanks of 500 gallons or more must be reported to the state pollution control agency. Farm tanks are listed as exempt (MPCA). |
| Michigan | The state's Part 5 spill rules require a Pollution Incident Prevention Plan for regulated amounts of oil. A site with an SPCC plan and no other regulated materials doesn't need a separate one for oil, but must hand over its SPCC plan within 30 days if the state or local officials ask (Michigan DEQ). |
Your state environmental agency, state fire marshal, and local fire department may also have rules on tank placement, setbacks, and permits. Check with them before installing a new tank.
Common mistakes
- Counting gallons in the tank instead of tank size. The rule uses shell capacity (40 CFR 112.2).
- Forgetting the small stuff. Drums, totes, used oil tanks, and fuel trailers all count once they're 55 gallons or bigger.
- Assuming the fuel supplier handles it. EPA holds the tank owner or operator responsible, not the company that fills the tank (EPA farm FAQ).
- Writing a plan and filing it away. The plan only counts if you follow it: inspections, training, containment, and keeping it on site.
- Not updating after a change. Adding a tank or changing piping can mean amending the plan within six months (40 CFR 112.5).
FAQ
Do I send my SPCC plan to EPA?
No. You keep it at the site if it's attended at least four hours a day, and make it available if EPA asks to review it (40 CFR 112.3(e)). Some states, such as Michigan, can also ask for a copy.
Does a double-walled tank mean I don't need a plan?
No. A double-walled tank still counts toward your capacity. It can help meet the containment requirement, but the rest of the plan still applies.
Can I write the plan myself?
If you have 10,000 gallons or less, no single container over 5,000 gallons, and no reportable spill history, you can use EPA's Tier I template and sign it yourself (40 CFR 112.6). Farms between 6,000 and 20,000 gallons with no tank over 10,000 gallons and no spill history can also self-certify (EPA WRRDA fact sheet).
Does vegetable oil count?
Yes. Vegetable oils and animal fats count as oil under the rule (40 CFR 112.2).
Sources
- 40 CFR Part 112, full text (eCFR)
- 40 CFR 112.1, applicability and exemptions (Cornell LII)
- 40 CFR 112.2, definitions (Cornell LII)
- EPA: SPCC Program, Farms and the Water Resources Reform and Development Act (2015)
- EPA: Oil Storage on U.S. Farms, WRRDA study (2015)
- EPA: SPCC rule basics
- EPA: Tier I vs. Tier II qualified facilities
- EPA: SPCC frequently asked questions for farms
- U.S. House Report 119-180, PERMIT Act (2025)
- Beveridge & Diamond: House approves Clean Water Act reforms
- South Dakota DANR: SPCC for farm tanks
- CAL FIRE OSFM: APSA for farms
- Minnesota Pollution Control Agency: Aboveground storage tank systems
- Michigan DEQ: Part 5 rules and oil storage
This guide is general information, not legal advice. For a specific site, check with EPA's regional office, your state environmental agency, or a Professional Engineer familiar with SPCC.