The SPCC rule applies to facilities with the potential to discharge “oil” in quantities that may be harmful to navigable waters and adjoining shorelines. The SPCC rule’s definition of oil originated from the Clean Water Act (CWA). Section 311(a)(1) of the CWA defines oil as, “oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.” Petroleum oils include crude and refined petroleum products, asphalt, gasoline, fuel oils, mineral oils, naphtha, sludge, oil refuse, and oil mixed with wastes other than dredged spoil (67 FR 47075).
The below text is an excerpt from the SPCC rule:
§112.2 Oil means oil of any kind or in any form, included, but not limited to: fats, oils, or greases of animal, fish, or marine mammal origin; vegetable oils, including oils from seeds, nuts, fruits, or kernels; and, other oils and greases, including petroleum, fuel oil, sludge, synthetic oils, mineral oils, oil refuse, or oil mixed with wastes other than dredged spoil.
Refer to 40 CFR part 112 for the full text of the rule.
The U.S. Coast Guard (USCG) compiled a list of substances it considers oil (see below), based on the CWA definition. The list is available on the USCG website. Note, however, that the USCG list is not comprehensive and does not define “oil” for purposes of 40 CFR part 112. EPA may determine that a substance, chemical, material, or mixture is an oil even if it is not on the USCG list. For more information see EPA’s Guidance.
This USGC list of oils is organized alphabetically into several subgroups. This list in not a complete list of oils regulated under 40 CFR part 112, rather a list of chemicals that are considered oil by the U.S. Coast Guard. Crude oil and refined petroleum products are among the most familiar types of oils. Petroleum and fuel oil are specifically named in the Clean Water Act (CWA) definition of oil. Edible animal and vegetable oils and other oils of animal or vegetable origin have historically been considered CWA oils.
Other non-petroleum oils are substances that have the properties and behavior of traditional oils and have historically been considered to be oils. Lube-oil additives are included in the list of oils because they may be shipped or stored in an oil medium. Some substances that have not been considered oils historically may be added to this list in the future if they are determined to have oil-like characteristics.
If you have a question about whether a commodity that does not appear on this list is regulated as an oil, please call Mr. Patrick Keffler, CG-ENG-5, at 202-372-1424.
Kyle CoutureAMERICAN SpiralWeld Pipe Co. LLC