	Introduction

The Environmental Protection Agency's (EPA's) Spill Prevention, Control, and Countermeasure (SPCC) regulations include requirements for certain facilities to prevent, prepare for, and respond to discharges of oil and oil products—defined broadly—that may reach U.S. navigable waters or adjoining shorelines. In recent years, the SPCC program has received considerable interest from Congress. Most of this interest has involved the SPCC program's applicability to farms. Because farms may store oil onsite for agricultural equipment use, they may be subject to the SPCC regulations if the oil storage capacity exceeds regulatory thresholds. SPCC Regulations—Background

		Statutory Authority

The Federal Water Pollution Control Act Amendments of 1970 included a provision directing the President to promulgate oil spill prevention and response regulations. Among other obligations, SPCC regulations require secondary containment (e.g., dikes or berms) for certain oil-storage units. EPA made changes and clarifications to the SPCC regulations in 2002. For most types of facilities subject to SPCC requirements, the deadline for complying with the changes made in 2002 was November 10, 2011. However, a subsequent EPA rulemaking extended this compliance date for farms to May 10, 2013. The applicability of SPCC regulations to farms garnered considerable attention in recent Congresses. WRRDA 2014

On June 10, 2014, the President signed the Water Resources Reform and Development Act (WRRDA) of 2014 ( P.L. 113-121 ). Section 1048 of the act altered the applicability of the SPCC to farms. Selected changes include the following:
Farms with an aggregate aboveground storage capacity of less than 2,500 gallons are not subject to SPCC regulations (compared to 1,320 gallons for other facilities); Farms with an aggregate aboveground storage capacity of less than 6,000 gallons (or a to-be-determined lower threshold, discussed below) and no reportable discharge history are not subject to SPCC regulations; Farms with an aggregate aboveground storage capacity of less than 20,000 gallons (the prior threshold was 10,000 gallons), no individual storage tank greater than 10,000 gallons, and no reportable discharge history may self-certify their SPCC plan in lieu of hiring a professional engineer for certification; and Farms can exclude oil containers on separate parcels with capacities less than 1,000 gallons when determining aggregate storage capacity. WRRDA directed EPA to determine whether the interim 6,000 gallon threshold (mentioned above) should be decreased (to not less than 2,500 gallons) based on a significant risk of an oil discharge to water. EPA released the SPCC threshold study in June 2015. According to the regulatory agenda, EPA was scheduled to release a proposed rule regarding this change in August 2016, with a final rule scheduled for December 2016. As of the date of this report, EPA has not published a proposed rule. WIIN 2016

On December 16, 2016, the President signed the Water Infrastructure Improvements for the Nation Act (WIIN, P.L. 114-322 ). WIIN provisions build upon the changes made in WRRDA 2014. In particular, the SPCC regulations would not apply to farm containers on separate parcels with (1) an individual storage capacity of 1,000 gallons or less, and (2) an aggregate storage capacity of 2,500 gallons or less. Under WRRDA, smaller containers (i.e., 1,000 gallons or less) would not be counted toward an aggregate storage capacity, but these containers were still subject to any relevant SPCC regulations. Pursuant to the above WIIN provision, smaller containers would not be counted toward a farm's aggregate storage capacity or covered by SPCC regulations even if the farm's aggregate storage capacity breached regulatory thresholds.
In 1970, Congress enacted legislation directing the President to promulgate oil spill prevention and response regulations. President Nixon delegated this presidential authority to the Environmental Protection Agency (EPA) in 1970. In 1973, EPA issued Spill Prevention, Control, and Countermeasure (SPCC) regulations that require certain facilities to prevent, prepare for, and respond to oil discharges that may reach navigable waters of the United States or adjoining shorelines.
In general, a facility must prepare an SPCC plan if the facility has an aboveground aggregate oil storage capacity greater than 1,320 gallons or a completely buried oil storage capacity greater than 42,000 gallons. Among other obligations, SPCC regulations require secondary containment (e.g., dikes or berms) for certain oil-storage units. A licensed professional engineer must certify the plan, although some facilities—depending on storage capacity and spill history—may be able to self-certify.
In recent years, the SPCC regulations have received considerable interest from Congress. Most of this interest has involved the applicability of SPCC regulations to farms, which may be subject to the SPCC regulations for oil stored onsite for agricultural equipment use. Farms account for approximately 25% of SPCC regulated entities, second only to oil and gas production facilities.
In 2002, EPA issued a final rule that made changes and clarifications to its SPCC regulations. For most types of facilities subject to SPCC requirements, the compliance deadline was November 10, 2011. However, EPA extended this compliance date for farms to May 10, 2013.
The 2013 compliance date generated considerable attention in the 113th Congress. On June 10, 2014, the President signed the Water Resources Reform and Development Act (WRRDA) of 2014 (P.L. 113-121). The act altered the applicability of the SPCC regulations to farms. Two key changes include
1. farms with an aggregate aboveground oil storage capacity less than 2,500 gallons are not subject to SPCC regulations; and 2. farms with an aggregate aboveground oil storage capacity less than 6,000 gallons (or an alternate threshold determined by EPA) and no reportable discharge history are not subject to SPCC regulations.
WRRDA directed EPA to conduct a study to determine whether the interim 6,000 gallon threshold should be decreased (to not less than 2,500 gallons) based on a significant risk of an oil discharge to water. In June 2015, EPA concluded that the appropriate threshold should be 2,500 gallons instead of 6,000 gallons. According to the regulatory agenda, EPA was scheduled to release a proposed rule regarding this change in August 2016, with a final rule scheduled for December 2016. As of the date of this report, EPA has not published a proposed rule.
On December 16, 2016, the President signed the Water Infrastructure Improvements for the Nation Act (WIIN, P.L. 114-322). WIIN provisions build upon the changes made in WRRDA. In particular, the SPCC regulations would not apply to farm containers on separate parcels with (1) an individual storage capacity of 1,000 gallons or less, and (2) an aggregate storage capacity of 2,500 gallons or less.
Under WRRDA, smaller containers (i.e., 1,000 gallons or less) would not be counted toward an aggregate storage capacity, but these containers were still subject to any relevant SPCC regulations. Pursuant to the WIIN provision, smaller containers would not be counted toward a farm's aggregate storage capacity or covered by SPCC regulations even if the farm's aggregate storage capacity breached regulatory thresholds.