SPCC plan template › Tier I vs Tier II SPCC plan
Tier I vs Tier II SPCC plan: which one can you sign?
Both tiers are "qualified facilities": 10,000 gallons or less of aboveground oil and no reportable spill in three years, so the owner may certify the plan instead of an engineer. The difference is one container. If none holds more than 5,000 gallons, you're Tier I and may sign EPA's template. If any does, you're Tier II and must write a full plan.
The three plans side by side
| Tier I | Tier II | PE-certified | |
|---|---|---|---|
| Aboveground total | 10,000 gal or less | 10,000 gal or less | Any |
| Largest container | 5,000 gal or less | At least one over 5,000 gal | Any |
| Spill history (3 years) | None reportable | None reportable | Any |
| Format | EPA's Appendix G template, or an equivalent plan with a cross-reference section | Full plan meeting 112.7 and subpart B or C | Full plan |
| Who certifies | Owner or operator | Owner or operator, plus a PE for any deviation or impracticability section | A licensed PE after a site visit |
| May include an "environmentally equivalent" alternative to a rule? | No | Only if a PE certifies that section | Yes, with reasons |
| May declare containment impracticable? | No | Only if a PE certifies that section | Yes, with a contingency plan |
| Containment sizing | Largest container plus room for rain, at every bulk container except mobile refuelers | Same rule (112.8(c)(2) and (c)(11)) | Same rule |
What "reportable spill history" means
You qualify only if, in the three years before you sign (or since the facility became subject to the rule, if that's shorter), it had no single discharge of more than 1,000 gallons and no two discharges of more than 42 gallons each within any 12 months. Two details trip people up. First, the gallons are what reached water or a shoreline, not the total spilled: 500 gallons on a gravel pad that never left the site doesn't count. Second, discharges caused by natural disasters, acts of war or terrorism are excluded. EPA explains both on its qualified facility page.
Tier I: what you're signing
A Tier I owner who completes EPA's template certifies eight things under 112.6(a)(1), including that you are familiar with 40 CFR 112, that you visited and examined the facility, that you set up inspection and testing procedures to industry standards, that you'll fully implement the plan, and that management has committed the money to do it. The template already contains every requirement a Tier I site must meet, a shorter list than the full rule (no facility diagram, for one), with three of them simplified:
- Failure analysis. Predict the direction and total quantity of oil each major equipment failure could release (the full rule also asks for rate of flow).
- Containment. Every bulk storage container, portable ones included (mobile refuelers excepted), sits in containment that holds the largest single container plus precipitation.
- Overfill prevention. Each container has a system or a written procedure to prevent overfills, described in the plan and tested regularly, instead of choosing from the full rule's list of alarm types.
You don't have to use the template. A Tier I site may instead write a Tier II-style plan or have a PE certify a full plan. But if you self-certify in any format other than EPA's template, the plan must include a section cross-referencing where each rule requirement is met.
Tier II: a full plan without the engineer
A Tier II owner signs the same kind of eight-point certification, but the plan itself must meet all of 112.7 and the subpart for the oil you store (subpart B for petroleum and most oils, subpart C for animal fats and vegetable oils). There's no federal form. California's Office of the State Fire Marshal offers a Tier II template built on EPA's Tier I layout, and general templates such as Ecesis's give you the section structure.
The limit is judgment calls. If your plan says some rule doesn't fit and you'll achieve "equivalent environmental protection" another way (112.7(a)(2)), or that building containment around something is impracticable (112.7(d)), a licensed PE must review and certify that section in writing, after the PE or an agent visits the site. The rest of the plan stays self-certified.
Three facilities sorted
Equipment yard: two 2,000-gallon diesel tanks and twenty 55-gallon drums.
(2 × 2,000) + (20 × 55) = 4,000 + 1,100 = 5,100 gal; largest 2,000 gal
Under 10,000 total, nothing over 5,000, no spills: Tier I. EPA's template works.
Fleet fueling site: one 6,000-gallon diesel tank, one 1,000-gallon gasoline tank and ten drums.
6,000 + 1,000 + (10 × 55) = 7,550 gal; largest 6,000 gal
Under 10,000 total but one container over 5,000: Tier II. Full self-certified plan.
Asphalt contractor: an 8,000-gallon diesel tank and a 4,000-gallon fuel oil tank.
8,000 + 4,000 = 12,000 gal
Over 10,000: PE-certified plan (for a non-farm site), however clean the record.
When you outgrow your tier
Adding a tank is a technical amendment, which you self-certify the same way as the plan. But if the change pushes a Tier I site over 5,000 gallons in one container or 10,000 in total, then within six months of preparing the amendment you must switch to a Tier II plan (if you still qualify) or a PE-certified plan. A Tier II site that goes over 10,000 gallons has six months from the change to get a PE-certified plan in place. If a PE certified part of a Tier II plan and the change touches that part, the PE re-certifies it (112.6(a)(2) and (b)(2)).
Check before you sign
- Your state: EPA notes that some states limit SPCC certification to PEs.
- Your count: shell capacity, every container of 55 gallons or more, oil-filled equipment included (see who needs an SPCC plan).
- Your records: three years of spills that reached water, if any.
If you'd rather start from a filled-in draft than a blank form, ePlan drafts Tier I and Tier II plans from your address and tank list; you still review and sign it, and it doesn't write the sections only a PE may certify. What each route costs is in how much an SPCC plan costs.
Questions
Can a Tier I facility use a Tier II plan?
Yes. Under 112.6(a)(1) a Tier I owner may complete EPA's template, write a plan that meets the Tier II requirements, or have a PE certify a full plan.
Is there an SPCC plan template for Tier II?
Not from EPA. California's Office of the State Fire Marshal offers one based on the CalCUPA Forum's APSA working group template; otherwise a Tier II plan is written to 40 CFR 112.7 and subpart B or C.
What happens if my facility outgrows its tier?
If a new or bigger container pushes it past the capacity limits, you have six months to move to the right plan: Tier II if you still qualify, otherwise a PE-certified plan. A reportable spill is different: it counts against qualifying the next time you certify the plan or an amendment.