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40 CFR Part 112 applies to far more facilities than think it does - and the determination that it does not apply to you is itself something an inspector will ask to see. Start with the four questions below.
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Is your total aboveground oil storage capacity more than 1,320 US gallons, counting only containers of 55 gallons or more?
Is your completely buried storage capacity more than 42,000 gallons, excluding tanks already regulated under 40 CFR 280/281?
Could a discharge from your facility reasonably be expected to reach navigable waters of the United States or adjoining shorelines?
Is your total aboveground capacity 10,000 gallons or less, with no single discharge over 1,000 gallons and no two discharges over 42 gallons in the past three years?
Screening tool based on the applicability tests in 40 CFR 112.1 and 112.3. It is not a legal determination.
A written capacity calculation for every bulk storage container, with displacement and rainfall accounted for.
A diagram, tank schedule, fluid types, transfer procedures and the discharge pathways to navigable waters.
Written schedules and forms for containers, containment areas and transfer equipment – with records kept three years.
Annual discharge prevention briefings and a named person accountable for discharge prevention.
Notification procedures, contact list, staged equipment and a written sequence for the first hour.
A P.E. seal, unless the facility qualifies as Tier I or Tier II and the owner self-certifies.
| Tier I qualified | Tier II qualified | Full plan | |
|---|---|---|---|
| Aboveground capacity | 10,000 gal or less | 10,000 gal or less | Over 10,000 gal |
| Largest container | 5,000 gal or less | No single-container limit | No limit |
| Discharge history | Clean, 3 years | Clean, 3 years | N/A |
| Plan format | Appendix G template | Self-certified full plan | P.E.-certified plan |
| Who signs | Owner or operator | Owner or operator | Licensed P.E. |
| Environmental equivalence allowed | ✗ | ✗ | ✓ |
Tier tests are applied to the facility as a whole. Any deviation from the standard requirements needs P.E. involvement regardless of tier.
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Yes, containers of 55 gallons and larger count toward the 1,320-gallon aboveground threshold. Anything smaller than 55 gallons is excluded from the count, though it is still oil you are responsible for.
Broader than most operators assume. A roadside ditch that drains to a creek has been held to establish the connection. If a release could travel off your property by any surface route, assume the test is met until an engineer tells you otherwise.
At least every five years, and within six months of any change in facility design, construction, operation or maintenance that materially affects discharge potential. Both reviews are documented in the plan.
Civil penalties under the Clean Water Act, assessed per day of violation. In practice the larger cost is the corrective schedule an inspector imposes and the operational disruption that follows.
No. An FRP is a separate, additional requirement for substantial-harm facilities – generally those over one million gallons or with specific proximity to sensitive environments. A facility can need both.
No. The OCA is not an engineering firm. We publish guidance, run technical review for members and can refer you to P.E.s and member consultants in your region.
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If you operate a facility that stores oil aboveground in containers of 55 gallons or more, and your total storage capacity exceeds 1,320 gallons,…
OCA members can submit a plan for technical review by the committee. We are not a substitute for your engineer - we are the people who have seen where these plans fail in the field.
