Regulations

Electrical Generator Regulations

KEYWORDS: SPCC Plan Loading/UnloadingKEYWORDS: Containment Fuel/Oil Loading/Unloading
Agency Number INDEX Item Web PDF
ABOUT THIS LIST » ABOUT THIS LISTKEYWORDS: General
WELCOME! . . .
This is a select list of regulations and accompanying excerpts that govern generators, generator accessories (such as auxiliary fuel tanks, piping, monitoring, etc.), the facilities or enclosures that house them, the areas around them where fuel tank trucks (refuelers) park while transferring (loading/unloading) fuel to the generators or auxiliary tanks (usually aboveground diesel fuel tanks), generator engine emissions, inspection, testing, maintenance, training, recordkeeping, and agency required permits and documentation.

Purpose
This list has been specifically programmed to make it easier to:

  1. Search regulations.
  2. Read regulations.
  3. Guide others to them over the phone.
  4. Send links that will take others directly to specific item in the list.
  5. VIEW:  HOW
Intent
Our intent is solely to assist students and professionals in searching and reading regulations that apply to electrical power, power generation, uninteruptable power systems, and data systems they serve. It is not to circumvent regulatory agencies or profit from distributing public information.

Accuracy
With the exception of Added Formatting (see below), we have made every attempt to input any excerpted regulation exactly as they are written in the public government source. However, we provide no guarantee of that. Before making any decision or taking any action based on any regulation excerpted, indicated, or referenced, it is strongly recommended that you carefully read and study the original language at its source. Applicable links are provided in most cases.

Added Formatting
Power & Data has added text formatting as follows:

  1. {curly brackets} Indicate text prepared, added, or inserted by Power & Data. Text inside these brackets is not in the source text. Text inside these brackets represents Power & Data's opinion, interpretation, or other information or direction that might be helpful to the viewer. Readers should not rely on them and are strongly advised to make their own determinations and interpretations.
  2. Highlighting has been added to call attention to specific language. The source text is not highlighted.
  3. Underlining has also been added to call attention to specific language. The source text is not underlined.
  4. Complete number has been provided to avoid confusion and give a better sense of where you're at in the numbering hierarchy.
  5. Indentation has been added to give a sense of place and make it easier to differentiate levels.
KEYWORDS: General
Here are 5 methods for searching this table of regulations. You can search by:

  1. Regulation Numbers - To find the regulation number you are looking for scroll up and down the table using the table scroll bar on the right (not the page scroll bar).
  2. Index Numbers [###] - Use the INDEX dropdown menu to find regulations by the index number in box brackets. We established these numbers to add order to the table and make the regulations easier to reference and cross reference. Selecting an item in the dropdown menu will scroll the table to it.
  3. Titles Sorted Alphabetically- Use the ALPHA dropdown menu to find a regulation title that best fits your needs. Selecting an item in the dropdown menu will scroll the table to it.
  4. Keywords We Pre-established - Select a keyword in the KEYWORDS dropdown menu. The table will filter-to regulations that are associated with it, not to matching words in them. Note: We associated the pre-established keywords with applicable regulations by embeding the keywords in the code. For this reason you may not see the actual words in the filtered items. To undo the filter click on "KEYWORDS" or "ALL" in the dropdown menu. To undo hilite, click on the Clear Hilite button.
  5. Keywords You Enter - Enter letters in the ENTER box. The table will filter-to and hilite the letters you enter. To undo the filter you must delete all letters in the box. To undo hilite, click on the Clear Hilite button.
Click the SPEEDNAV  button above to learn about tools that will make your navigation much faster.KEYWORDS: General
CODE of FEDERAL REGULATIONS (CFR) »Code of Federal Regulations (CFR)page---KEYWORDS: General
The Code of Federal Regulations (CFR) annual edition is the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government.


  • NOTE-1: See link above for a complete listing of all federal regulations.
  • NOTE-2: The regulations herein were extracted from the year 2013 listing at the link above and does not include any regulations added in the year 2014 and beyond.
  • NOTE-3: e-CFR is a less official version of the Code of Regulations, but is a bit easier to navigate and read than the xml and pdf versions.
  • NOTE-4: ABOUT CODE OF FEDERAL REGULATIONS explains how the CFR is organized.
  • NOTE-5: See diagram above to understand the CFR Numbering System.KEYWORDS: General
CFR29 [9]TITLE 29: Laborpage---KEYWORDS: General Fuel Tanks Fuel/Oil Engines SPCC Plans Emissions Containment Leak Detection
KEYWORDS: General Fuel Tanks Fuel/Oil Engines SPCC Plans Emissions Containment Leak Detection
CFR29.B [10]Subtitle B: Regulations Relating to LaborxmlpdfKEYWORDS: General Fuel Tanks Fuel/Oil Engines SPCC Plans Emissions Containment Leak Detection
KEYWORDS: General Fuel Tanks Fuel/Oil Engines SPCC Plans Emissions Containment Leak Detection
CFR29.B.17 [11]Chapter 17: Occupational Safety and Health Administration (OSHA)xmlpdfKEYWORDS: General Fuel Tanks Fuel/Oil Engines SPCC Plans Emissions Containment Leak Detection
KEYWORDS: General Fuel Tanks Fuel/Oil Engines SPCC Plans Emissions Containment Leak Detection
CFR29.B.17._.1910 [12]Part 1910: Occupational Safety & Health StandardsxmlpdfKEYWORDS: General
KEYWORDS: General
CFR29.B.17._.1910.H [13]SubPart H: Hazardous MaterialsxmlpdfKEYWORDS: Fuel Tanks
Subpart H—Hazardous Materials

Authority:
Sections 4, 6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657);

Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), or 5-2007 (72 FR 31159), 4-2010 (75 FR 55355) or 1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.

Sections 1910.103, 1910.106 through 1910.111, and 1910.119, 1910.120, and 1910.122 through 1910.126 also issued under 29 CFR part 1911.

Section 1910.119 also issued under Section 304, Clean Air Act Amendments of 1990 (Pub. L. 101-549), reprinted at 29 U.S.C.A. 655 Note.

Section 1910.120 also issued under Section 126, Superfund Amendments and Reauthorization Act of 1986 as amended (29 U.S.C.A. 655 Note), and 5 U.S.C. 553.KEYWORDS: Fuel Tanks
CFR29.B.17._.1910.H._.106 [14]Section 106: Flammable LiquidsxmlpdfKEYWORDS: Fuel Tanks
This Section applies to fuel tanks that contain flamable liquids, which includes diesel fuel used by generators.KEYWORDS: Fuel Tanks
CFR29.B.17._.1910.H._.106.(a)(2) [15]Atmospheric Tank  (definition)xmlpdfKEYWORDS: Fuel Tanks Definitions
Atmospheric Tank shall mean a storage tank which has been designed to operate at pressures from atmospheric through 0.5 p.s.i.g.KEYWORDS: Fuel Tanks Definitions
CFR29.B.17._.1910.H._.106.(a)(6) [16]Boilover  (definition)xmlpdfKEYWORDS: Fuel Tanks Definitions
Boilover shall mean the expulsion of crude oil (or certain other liquids) from a burning tank. The light fractions of the crude oil burnoff producing a heat wave in the residue, which on reaching a water strata may result in the expulsion of a portion of the contents of the tank in the form of froth.KEYWORDS: Fuel Tanks Definitions
CFR29.B.17._.1910.H._.106.(a)(14) [17]Liquid Flashpoint  (definition)xmlpdfKEYWORDS: Fuel Tanks Definitions
(i) For a liquid which has a viscosity of less than 45 SUS at 100 °F (37.8 °C), does not contain suspended solids, and does not have a tendency to form a surface film while under test, the procedure specified in the Standard Method of Test for Flashpoint by Tag Closed Tester (ASTM D-56-70), which is incorporated by reference as specified in § 1910.6, or an equivalent test method as defined in Appendix B to § 1910.1200—Physical Hazard Criteria, shall be used.


(ii) For a liquid which has a viscosity of 45 SUS or more at 100 °F (37.8 °C), or contains suspended solids, or has a tendency to form a surface film while under test, the Standard Method of Test for Flashpoint by Pensky-Martens Closed Tester (ASTM D-93-71) or an equivalent method as defined by Appendix B to § 1910.1200—Physical Hazard Criteria, shall be used except that the methods specified in Note 1 to section 1.1 of ASTM D-93-71 may be used for the respective materials specified in the Note. The preceding ASTM standard is incorporated by reference as specified in § 1910.6.


(iii) For a liquid that is a mixture of compounds that have different volatilities and flashpoints, its flashpoint shall be determined by using the procedure specified in paragraph (a)(14)(i) or (ii) of this section on the liquid in the form it is shipped.
(iv) Organic peroxides, which undergo autoaccelerating thermal decomposition, are excluded from any of the flashpoint determination methods specified in this subparagraph.


{Also see Flash Point}KEYWORDS: Fuel Tanks Definitions
CFR29.B.17._.1910.H._.106.(a)(15) [18]Hotel  (definition)xmlpdfKEYWORDS: Fuel Tanks Definitions
Hotel shall mean buildings or groups of buildings under the same management in which there are sleeping accommodations for hire, primarily used by transients who are lodged with or without meals including but not limited to inns, clubs, motels, and apartment hotels.KEYWORDS: Fuel Tanks Definitions
CFR29.B.17._.1910.H._.106.(a)(16) [19]Institutional  (definition)xmlpdfKEYWORDS: Fuel Tanks Definitions
Institutional Occupancy shall mean the occupancy or use of a building or structure or any portion thereof by persons harbored or detained to receive medical, charitable or other care or treatment, or by persons involuntarily detained.KEYWORDS: Fuel Tanks Definitions
CFR29.B.17._.1910.H._.106.(a)(17) [20]Liquid  (definition)xmlpdfKEYWORDS: Fuel Tanks Definitions
Liquid shall mean, for the purpose of this section, any material which has a fluidity greater than that of 300 penetration asphalt when tested in accordance with ASTM Test for Penetration for Bituminous Materials, D-5-65, which is incorporated by reference as specified in § 1910.6.KEYWORDS: Fuel Tanks Definitions
CFR29.B.17._.1910.H._.106.(a)(19) [21]Flammable and Combustible Liquids (CFR)  (definition)xmlpdfKEYWORDS: Fuel Tanks Definitions
Flammable Liquid means any liquid having a flashpoint at or below 199.4 °F (93 °C). Flammable liquids are divided into four categories as follows:

(i) Category 1 shall include liquids having flashpoints below 73.4 °F (23 °C) and having a boiling point at or below 95 °F (35 °C).

(ii) Category 2 shall include liquids having flashpoints below 73.4 °F (23 °C) and having a boiling point above 95 °F (35 °C).

(iii) Category 3 shall include liquids having flashpoints at or above 73.4 °F (23 °C) and at or below 140 °F (60 °C). When a Category 3 liquid with a flashpoint at or above 100 °F (37.8 °C) is heated for use to within 30 °F (16.7 °C) of its flashpoint, it shall be handled in accordance with the requirements for a Category 3 liquid with a flashpoint below 100 °F (37.8 °C).

(iv) Category 4 shall include liquids having flashpoints above 140 °F (60 °C) and at or below 199.4 °F (93 °C). When a Category 4 flammable liquid is heated for use to within 30 °F (16.7 °C) of its flashpoint, it shall be handled in accordance with the requirements for a Category 3 liquid with a flashpoint at or above 100 °F (37.8 °C).

(v) When liquid with a flashpoint greater than 199.4 °F (93 °C) is heated for use to within 30 °F (16.7 °C) of its flashpoint, it shall be handled in accordance with the requirements for a Category 4 flammable liquid.


[P&E NOTE: The National Fire Protection Association's definition of Flammable Liquids differs from the CFR. It defines it as any liquid having a flash point below 100°F. For more see Flamable and Combustible Liquids (NFPA).

{Also see Flash Point}KEYWORDS: Fuel Tanks Definitions
CFR29.B.17._.1910.H._.106.(a)(19)(i) [22]Category 1 Flammable Liquid  (definition)xmlpdfKEYWORDS: Fuel Tanks Definitions
Flammable Liquid

Category 1 shall include liquids having flashpoints below 73.4 °F (23 °C) and having a boiling point at or below 95 °F (35 °C).

{Also see Flash Point}KEYWORDS: Fuel Tanks Definitions
CFR29.B.17._.1910.H._.106.(a)(19)(ii) [23]Category 2 Flammable Liquid  (definition)xmlpdfKEYWORDS: Fuel Tanks Definitions
Flammable Liquid

Category 2 shall include liquids having flashpoints below 73.4 °F (23 °C) and having a boiling point above 95 °F (35 °C).

{Also see Flash Point}KEYWORDS: Fuel Tanks Definitions
CFR29.B.17._.1910.H._.106.(a)(19)(ii) [24]Category 3 Flammable Liquid  (definition)xmlpdfKEYWORDS: Fuel Tanks Definitions
Flammable Liquid

Category 3 shall include liquids having flashpoints at or above 73.4 °F (23 °C) and at or below 140 °F (60 °C). When a Category 3 liquid with a flashpoint at or above 100 °F (37.8 °C) is heated for use to within 30 °F (16.7 °C) of its flashpoint, it shall be handled in accordance with the requirements for a Category 3 liquid with a flashpoint below 100 °F (37.8 °C).

{Also see Flash Point}KEYWORDS: Fuel Tanks Definitions
CFR29.B.17._.1910.H._.106.(a)(19)(iv) [25]Category 4 Flammable Liquid  (definition)xmlpdfKEYWORDS: Fuel Tanks Definitions
Flammable Liquid

Category 4 shall include liquids having flashpoints above 140 °F (60 °C) and at or below 199.4 °F (93 °C). When a Category 4 flammable liquid is heated for use to within 30 °F (16.7 °C) of its flashpoint, it shall be handled in accordance with the requirements for a Category 3 liquid with a flashpoint at or above 100 °F (37.8 °C).
(v) When liquid with a flashpoint greater than 199.4 °F (93 °C) is heated for use to within 30 °F (16.7 °C) of its flashpoint, it shall be handled in accordance with the requirements for a Category 4 flammable liquid.

{Also see Flash Point}KEYWORDS: Fuel Tanks Definitions
CFR29.B.17._.1910.H._.106.(a)(21) [26]Low-pressure Tank  (definition)xmlpdfKEYWORDS: Fuel Tanks Definitions
Low-pressure Tank shall mean a storage tank which has been designed to operate at pressures above 0.5 p.s.i.g. but not more than 15 p.s.i.g.KEYWORDS: Fuel Tanks Definitions
CFR29.B.17._.1910.H._.106.(a)(23) [27]Mercantile Occupancy  (definition)xmlpdfKEYWORDS: Fuel Tanks Definitions
Mercantile Occupancy shall mean the occupancy or use of a building or structure or any portion thereof for the displaying, selling, or buying of goods, wares, or merchandise.KEYWORDS: Fuel Tanks Definitions
CFR29.B.17._.1910.H._.106.(a)(24) [28]Office Occupancy  (definition)xmlpdfKEYWORDS: Fuel Tanks Definitions
Office Occupancy shall mean the occupancy or use of a building or structure or any portion thereof for the transaction of business, or the rendering or receiving of professional services.KEYWORDS: Fuel Tanks Definitions
CFR29.B.17._.1910.H._.106.(a)(25) [29]Portable Tank  (definition)xmlpdfKEYWORDS: Fuel Tanks Definitions
Portable Tank shall mean a closed container having a liquid capacity over 60 U.S. gallons and not intended for fixed installation.KEYWORDS: Fuel Tanks Definitions
CFR29.B.17._.1910.H._.106.(a)(26) [30]Pressure Vessel  (definition)xmlpdfKEYWORDS: Fuel Tanks Definitions
Pressure Vessel shall mean a storage tank or vessel which has been designed to operate at pressures above 15 p.s.i.g.KEYWORDS: Fuel Tanks Definitions
CFR29.B.17._.1910.H._.106.(a)(27) [31]Protection from Exposure  (definition)xmlpdfKEYWORDS: Fuel Tanks Definitions
Protection from Exposure shall mean adequate fire protection for structures on property adjacent to tanks, where there are employees of the establishment.KEYWORDS: Fuel Tanks Definitions
CFR29.B.17._.1910.H._.106.(a)(30) [32]Vapor Pressure  (definition)xmlpdfKEYWORDS: Fuel Tanks Definitions
Vapor Pressure shall mean the pressure, measured in pounds per square inch (absolute) exerted by a volatile liquid as determined by the "Standard Method of Test for Vapor Pressure of Petroleum Products (Reid Method)," American Society for Testing and Materials ASTM D323-68, which is incorporated by reference as specified in § 1910.6.KEYWORDS: Fuel Tanks Definitions
CFR29.B.17._.1910.H._.106.(a)(31) [33]Ventilation  (definition)xmlpdfKEYWORDS: Fuel Tanks Definitions
Ventilation as specified in this section is for the prevention of fire and explosion. It is considered adequate if it is sufficient to prevent accumulation of significant quantities of vapor-air mixtures in concentration over one-fourth of the lower flammable limit.KEYWORDS: Fuel Tanks Definitions
CFR29.B.17._.1910.H._.106.(a)(32) [34]Storage  (definition)xmlpdfKEYWORDS: Fuel Tanks Definitions
Storage: Flammable liquids shall be stored in a tank or in a container that complies with paragraph (d)(2) of this section.KEYWORDS: Fuel Tanks Definitions
CFR29.B.17._.1910.H._.106.(a)(33) [35]Barrel  (definition)xmlpdfKEYWORDS: Fuel Tanks Definitions
Barrel shall mean a volume of 42 U.S. gallons.KEYWORDS: Fuel Tanks Definitions
CFR29.B.17._.1910.H._.106.(a)(34) [36]Container  (definition)xmlpdfKEYWORDS: Fuel Tanks Definitions
Container shall mean any can, barrel, or drum.KEYWORDS: Fuel Tanks Definitions
CFR29.B.17._.1910.H._.106.(b)(1)(iii)(b) [37]Underground Tanks Used AbovegroundxmlpdfKEYWORDS: Fuel Tanks
Tanks designed for underground service not exceeding 2,500 gallons capacity may be used aboveground.KEYWORDS: Fuel Tanks
CFR29.B.17._.1910.H._.106.(b)(1)(iii)(c) [38]Low Pressure Tank UsexmlpdfKEYWORDS: Fuel Tanks
Low-pressure tanks and pressure vessels may be used as atmospheric tanks.KEYWORDS: Fuel Tanks
CFR29.B.17._.1910.H._.106.(b)(1)(iii)(d) [39]Atmospheric Tank UsexmlpdfKEYWORDS: Fuel Tanks
Atmospheric tanks shall not be used for the storage of a flammable liquid at a temperature at or above its boiling point.KEYWORDS: Fuel Tanks
CFR29.B.17._.1910.H._.106.(b)(1)(iv) [40]Low Pressure Tank Operating PressurexmlpdfKEYWORDS: Fuel Tanks
Low pressure tanks.
(a) The normal operating pressure of the tank shall not exceed the design pressure of the tank.

(b) Low-pressure tanks shall be built in accordance with acceptable standards of design. Low-pressure tanks may be built in accordance with the following consensus standards that are incorporated by reference as specified in § 1910.6:
(1) American Petroleum Institute Standard No. 620. Recommended Rules for the Design and Construction.

(2) The principles of the Code for Unfired Pressure Vessels, Section VIII of the ASME Boiler and Pressure Vessels Code, 1968.
(c) Atmospheric tanks built according to Underwriters' Laboratories, Inc., requirements in subdivision (iii)(a) of and shall be limited to 2.5 p.s.i.g. under emergency venting conditions. This paragraph may be used for operating pressures not exceeding 1 p.s.i.g.

(d) Pressure vessels may be used as low-pressure tanks.
KEYWORDS: Fuel Tanks
CFR29.B.17._.1910.H._.106.(b)(2) [41]Installation of Outside AbovegroundxmlpdfKEYWORDS: Fuel Tanks
Installation of outside aboveground tanks.
(i) [Reserved]

(ii) Spacing (shell-to-shell) between aboveground tanks.

(a) The distance between any two flammable liquid storage tanks shall not be less than 3 feet.

(b) Except as provided in paragraph (b)(2)(ii)(c) of this section, the distance between any two adjacent tanks shall not be less than one-sixth the sum of their diameters. When the diameter of one tank is less than one-half the diameter of the adjacent tank, the distance between the two tanks shall not be less than one-half the diameter of the smaller tank.

(c) Where crude petroleum in conjunction with production facilities are located in noncongested areas and have capacities not exceeding 126,000 gallons (3,000 barrels), the distance between such tanks shall not be less than 3 feet.

(d) Where unstable flammable liquids are stored, the distance between such tanks shall not be less than one-half the sum of their diameters.

(e) When tanks are compacted in three or more rows or in an irregular pattern, greater spacing or other means shall be provided so that inside tanks are accessible for firefighting purposes.

(f) The minimum separation between a liquefied petroleum gas container and a flammable liquid storage tank shall be 20 feet, except in the case of flammable liquid tanks operating at pressures exceeding 2.5 p.s.i.g. or equipped with emergency venting which will permit pressures to exceed 2.5 p.s.i.g. in which case the provisions of subdivisions (a) and (b) of this subdivision shall apply. Suitable means shall be taken to prevent the accumulation of flammable liquids under adjacent liquefied petroleum gas containers such as by diversion curbs or grading. When flammable liquid storage tanks are within a diked area, the liquefied petroleum gas containers shall be outside the diked area and at least 10 feet away from the centerline of the wall of the diked area. The foregoing provisions shall not apply when liquefied petroleum gas containers of 125 gallons or less capacity are installed adjacent to fuel oil supply tanks of 550 gallons or less capacity.
KEYWORDS: Fuel Tanks
CFR29.B.17._.1910.H._.106.(b)(2)(ii) [42]Tank Spacing (Shell-to-Shell)xmlpdfKEYWORDS: Fuel Tanks
(ii) Spacing (shell-to-shell) between aboveground tanks.

(a) The distance between any two flammable liquid storage tanks shall not be less than 3 feet.

(b) Except as provided in paragraph (b)(2)(ii)(c) of this section, the distance between any two adjacent tanks shall not be less than one-sixth the sum of their diameters. When the diameter of one tank is less than one-half the diameter of the adjacent tank, the distance between the two tanks shall not be less than one-half the diameter of the smaller tank.

(c) Where crude petroleum in conjunction with production facilities are located in noncongested areas and have capacities not exceeding 126,000 gallons (3,000 barrels), the distance between such tanks shall not be less than 3 feet.

(d) Where unstable flammable liquids are stored, the distance between such tanks shall not be less than one-half the sum of their diameters.

(e) When tanks are compacted in three or more rows or in an irregular pattern, greater spacing or other means shall be provided so that inside tanks are accessible for firefighting purposes.

(f) The minimum separation between a liquefied petroleum gas container and a flammable liquid storage tank shall be 20 feet, except in the case of flammable liquid tanks operating at pressures exceeding 2.5 p.s.i.g. or equipped with emergency venting which will permit pressures to exceed 2.5 p.s.i.g. in which case the provisions of subdivisions (a) and (b) of this subdivision shall apply. Suitable means shall be taken to prevent the accumulation of flammable liquids under adjacent liquefied petroleum gas containers such as by diversion curbs or grading. When flammable liquid storage tanks are within a diked area, the liquefied petroleum gas containers shall be outside the diked area and at least 10 feet away from the centerline of the wall of the diked area. The foregoing provisions shall not apply when liquefied petroleum gas containers of 125 gallons or less capacity are installed adjacent to fuel oil supply tanks of 550 gallons or less capacity.
KEYWORDS: Fuel Tanks
CFR29.B.17._.1910.H._.106.(b)(2)(iv) [43]Normal VentingxmlpdfKEYWORDS: Fuel Tanks Venting
(iv) Normal venting for aboveground tanks.

(a) Atmospheric storage tanks shall be adequately vented to prevent the development of vacuum or pressure sufficient to distort the roof of a cone roof tank or exceeding the design pressure in the case of other atmospheric tanks, as a result of filling or emptying, and atmospheric temperature changes.

(b) Normal vents shall be sized either in accordance with:
(1) The American Petroleum Institute Standard 2000 (1968), Venting Atmospheric and Low-Pressure Storage Tanks, which is incorporated by reference as specified in § 1910.6; or

(2) other accepted standard; or
(3) shall be at least as large as the filling or withdrawal connection, whichever is larger but in no case less than 11/4 inch nominal inside diameter.
(c) Low-pressure tanks and pressure vessels shall be adequately vented to prevent development of pressure or vacuum, as a result of filling or emptying and atmospheric temperature changes, from exceeding the design pressure of the tank or vessel. Protection shall also be provided to prevent overpressure from any pump discharging into the tank or vessel when the pump discharge pressure can exceed the design pressure of the tank or vessel.

(d) If any tank or pressure vessel has more than one fill or withdrawal connection and simultaneous filling or withdrawal can be made, the vent size shall be based on the maximum anticipated simultaneous flow.

(e) Unless the vent is designed to limit the internal pressure 2.5 p.s.i. or less, the outlet of vents and vent drains shall be arranged to discharge in such a manner as to prevent localized overheating of any part of the tank in the event vapors from such vents are ignited.

(f):
(1) Tanks and pressure vessels storing Category 1 flammable liquids shall be equipped with venting devices which shall be normally closed except when venting to pressure or vacuum conditions. Tanks and pressure vessels storing Category 2 flammable liquids and Category 3 flammable liquids with a flashpoint below 100 °F (37.8 °C) shall be equipped with venting devices which shall be normally closed except when venting under pressure or vacuum conditions, or with approved flame arresters.

(2) Exemption: Tanks of 3,000 bbls (barrels). capacity or less containing crude petroleum in crude-producing areas and outside aboveground atmospheric tanks under 1,000 gallons capacity containing other than Category 1 flammable liquids may have open vents. (See paragraph (b)(2)(vi)(b) of this section.)

(g) Flame arresters or venting devices required in paragraph (b)(2)(iv)(f) of this section may be omitted for Category 2 flammable liquids and Category 3 flammable liquids with a flashpoint below 100 °F (37.8 °C) where conditions are such that their use may, in case of obstruction, result in tank damage.
KEYWORDS: Fuel Tanks Venting
CFR29.B.17._.1910.H._.106.(b)(2)(iv)(a) [44]Normal Venting- AtmosphericxmlpdfKEYWORDS: Fuel Tanks Venting
Atmospheric storage tanks shall be adequately vented to prevent the development of vacuum or pressure sufficient to distort the roof of a cone roof tank or exceeding the design pressure in the case of other atmospheric tanks, as a result of filling or emptying, and atmospheric temperature changes.KEYWORDS: Fuel Tanks Venting
CFR29.B.17._.1910.H._.106.(b)(2)(iv)(b) [45]Normal Venting- SizingxmlpdfKEYWORDS: Fuel Tanks Venting
Normal vents shall be sized either in accordance with:

(1) The American Petroleum Institute Standard 2000 (1968), Venting Atmospheric and Low-Pressure Storage Tanks, which is incorporated by reference as specified in § 1910.6; or

(2) other accepted standard; or (3) shall be at least as large as the filling or withdrawal connection, whichever is larger but in no case less than 11/4 inch nominal inside diameter.
KEYWORDS: Fuel Tanks Venting
CFR29.B.17._.1910.H._.106.(b)(2)(iv)(c) [46]Normal Venting- Prevent Pressure VacuumxmlpdfKEYWORDS: Fuel Tanks Venting
Low-pressure tanks and pressure vessels shall be adequately vented to prevent development of pressure or vacuum, as a result of filling or emptying and atmospheric temperature changes, from exceeding the design pressure of the tank or vessel. Protection shall also be provided to prevent overpressure from any pump discharging into the tank or vessel when the pump discharge pressure can exceed the design pressure of the tank or vessel.KEYWORDS: Fuel Tanks Venting
CFR29.B.17._.1910.H._.106.(b)(2)(iv)(c) [47]Normal Venting- Prevent Fueling OverpressurexmlpdfKEYWORDS: Fuel Tanks Venting
Low-pressure tanks and pressure vessels shall be adequately vented to prevent development of pressure or vacuum, as a result of filling or emptying and atmospheric temperature changes, from exceeding the design pressure of the tank or vessel. Protection shall also be provided to prevent overpressure from any pump discharging into the tank or vessel when the pump discharge pressure can exceed the design pressure of the tank or vessel.KEYWORDS: Fuel Tanks Venting
CFR29.B.17._.1910.H._.106.(b)(2)(iv)(d) [48]Normal Venting- Simultaneous InputxmlpdfKEYWORDS: Fuel Tanks Venting
If any tank or pressure vessel has more than one fill or withdrawal connection and simultaneous filling or withdrawal can be made, the vent size shall be based on the maximum anticipated simultaneous flow.KEYWORDS: Fuel Tanks Venting
CFR29.B.17._.1910.H._.106.(b)(2)(iv)(d) [49]Normal Venting- Prevent Localized OverheatingxmlpdfKEYWORDS: Fuel Tanks Venting
Unless the vent is designed to limit the internal pressure 2.5 p.s.i. or less, the outlet of vents and vent drains shall be arranged to discharge in such a manner as to prevent localized overheating of any part of the tank in the event vapors from such vents are ignited.KEYWORDS: Fuel Tanks Venting
CFR29.B.17._.1910.H._.106.(b)(2)(v) [50]Emergency VentsxmlpdfKEYWORDS: Fuel Tanks Venting
Emergency relief venting for fire exposure for aboveground tanks.

(a) Every aboveground storage tank shall have some form of construction or device that will relieve excessive internal pressure caused by exposure fires.

(b) In a vertical tank the construction referred to in subdivision (a) of this subdivision may take the form of a floating roof, lifter roof, a weak roof-to-shell seam, or other approved pressure relieving construction. The weak roof-to-shell seam shall be constructed to fail preferential to any other seam.

(c) Where entire dependence for emergency relief is placed upon pressure relieving devices, the total venting capacity of both normal and emergency vents shall be enough to prevent rupture of the shell or bottom of the tank if vertical, or of the shell or heads if horizontal. If unstable liquids are stored, the effects of heat or gas resulting from polymerization, decomposition, condensation, or self-reactivity shall be taken into account. The total capacity of both normal and emergency venting devices shall be not less than that derived from Table H-10 except as provided in subdivision (e) or (f) of this subdivision. Such device may be a self-closing manhole cover, or one using long bolts that permit the cover to lift under internal pressure, or an additional or larger relief valve or valves. The wetted area of the tank shall be calculated on the basis of 55 percent of the total exposed area of a sphere or spheroid, 75 percent of the total exposed area of a horizontal tank and the first 30 feet above grade of the exposed shell area of a vertical tank.

(d) For tanks and storage vessels designed for pressure over 1 p.s.i.g., the total rate of venting shall be determined in accordance with Table H-10, except that when the exposed wetted area of the surface is greater than 2,800 square feet, the total rate of venting shall be calculated by the following formula:
CFH = 1,107A 0.82
WHERE;
CFH = VENTING REQUIREMENT, IN CUBIC FEET OF FREE AIR PER HOUR.
A = EXPOSED WETTED SURFACE, IN SQUARE FEET.
Note: The foregoing formula is based on Q=21,000A 0.82.
(e) The total emergency relief venting capacity for any specific stable liquid may be determined by the following formula:
V = 1337 ÷ L√M
V = CUBIC FEET OF FREE AIR PER HOUR FROM TABLE H-10.
L = LATENT HEAT OF VAPORIZATION OF SPECIFIC LIQUID IN B.T.U. PER POUND.
M = MOLECULAR WEIGHT OF SPECIFIC LIQUIDS.
(f) The required airflow rate of subdivision (c) or (e) of this subdivision may be multiplied by the appropriate factor listed in the following schedule when protection is provided as indicated. Only one factor may be used for any one tank.
0.5 FOR DRAINAGE IN ACCORDANCE WITH SUBDIVISION (VII)(B) OF THIS SUBPARAGRAPH FOR TANKS OVER 200 SQUARE FEET OF WETTED AREA.
0.3 FOR APPROVED WATER SPRAY.
0.3 FOR APPROVED INSULATION.
0.15 FOR APPROVED WATER SPRAY WITH APPROVED INSULATION.
(g) The outlet of all vents and vent drains on tanks equipped with emergency venting to permit pressures exceeding 2.5 p.s.i.g. shall be arranged to discharge in such a way as to prevent localized overheating of any part of the tank, in the event vapors from such vents are ignited.

(h) Each commercial tank venting device shall have stamped on it the opening pressure, the pressure at which the valve reaches the full open position, and the flow capacity at the latter pressure, expressed in cubic feet per hour of air at 60 °F. and at a pressure of 14.7 p.s.i.a.

KEYWORDS: Fuel Tanks Venting
CFR29.B.17._.1910.H._.106.(b)(2)(v) [51]Emergency Vents- Relieve Internal PressurexmlpdfKEYWORDS: Fuel Tanks Venting
Every aboveground storage tank shall have some form of construction or device that will relieve excessive internal pressure caused by exposure fires.KEYWORDS: Fuel Tanks Venting
CFR29.B.17._.1910.H._.106.(b)(2)(v)(d) [52]Emergency Vents- Rate CalculationxmlpdfKEYWORDS: Fuel Tanks Venting
For tanks and storage vessels designed for pressure over 1 p.s.i.g., the total rate of venting shall be determined in accordance with Table H-10, except that when the exposed wetted area of the surface is greater than 2,800 square feet, the total rate of venting shall be calculated by the following formula:
CFH = 1,107A 0.82
WHERE;
CFH = VENTING REQUIREMENT, IN CUBIC FEET OF FREE AIR PER HOUR.
A = EXPOSED WETTED SURFACE, IN SQUARE FEET.
Note: The foregoing formula is based on Q=21,000A 0.82.
KEYWORDS: Fuel Tanks Venting
CFR29.B.17._.1910.H._.106.(b)(2)(v)(e) [53]Emergency Vents- Capacity CalculationxmlpdfKEYWORDS: Fuel Tanks Venting
The total emergency relief venting capacity for any specific stable liquid may be determined by the following formula:
V = 1337 ÷ L√M
V = CUBIC FEET OF FREE AIR PER HOUR FROM TABLE H-10.
L = LATENT HEAT OF VAPORIZATION OF SPECIFIC LIQUID IN B.T.U. PER POUND.
M = MOLECULAR WEIGHT OF SPECIFIC LIQUIDS.
KEYWORDS: Fuel Tanks Venting
CFR29.B.17._.1910.H._.106.(b)(2)(v)(f) [54]Emergency Vents- Air Flow RatexmlpdfKEYWORDS: Fuel Tanks Venting
The required airflow rate of subdivision (c) or (e) of this subdivision may be multiplied by the appropriate factor listed in the following schedule when protection is provided as indicated. Only one factor may be used for any one tank.
0.5 FOR DRAINAGE IN ACCORDANCE WITH SUBDIVISION (VII)(B) OF THIS SUBPARAGRAPH FOR TANKS OVER 200 SQUARE FEET OF WETTED AREA.
0.3 FOR APPROVED WATER SPRAY.
0.3 FOR APPROVED INSULATION.
0.15 FOR APPROVED WATER SPRAY WITH APPROVED INSULATION.
KEYWORDS: Fuel Tanks Venting
CFR29.B.17._.1910.H._.106.(b)(2)(vi) [55]Vent PipingxmlpdfKEYWORDS: Fuel Tanks Venting
Vent piping for aboveground tanks.
(a) Vent piping shall be constructed in accordance with paragraph (c) of this section.

(b) Where vent pipe outlets for tanks storing Category 1 or 2 flammable liquids, or Category 3 flammable liquids with a flashpoint below 100 °F (37.8 °C), are adjacent to buildings or public ways, they shall be located so that the vapors are released at a safe point outside of buildings and not less than 12 feet above the adjacent ground level. In order to aid their dispersion, vapors shall be discharged upward or horizontally away from closely adjacent walls. Vent outlets shall be located so that flammable vapors will not be trapped by eaves or other obstructions and shall be at least five feet from building openings.

(c) When tank vent piping is manifolded, pipe sizes shall be such as to discharge, within the pressure limitations of the system, the vapors they may be required to handle when manifolded tanks are subject to the same fire exposure.
KEYWORDS: Fuel Tanks Venting
CFR29.B.17._.1910.H._.106.(b)(2)(vi)(b) [56]Vent Piping- OutletsxmlpdfKEYWORDS: Fuel Tanks Venting
Where vent pipe outlets for tanks storing Category 1 or 2 flammable liquids, or Category 3 flammable liquids with a flashpoint below 100 °F (37.8 °C), are adjacent to buildings or public ways, they shall be located so that the vapors are released at a safe point outside of buildings and not less than 12 feet above the adjacent ground level. In order to aid their dispersion, vapors shall be discharged upward or horizontally away from closely adjacent walls. Vent outlets shall be located so that flammable vapors will not be trapped by eaves or other obstructions and shall be at least five feet from building openings.KEYWORDS: Fuel Tanks Venting
CFR29.B.17._.1910.H._.106.(b)(2)(vi)(b) [57]Vent Piping- LocationxmlpdfKEYWORDS: Fuel Tanks Venting
Vent outlets shall be located so that flammable vapors will not be trapped by eaves or other obstructions and shall be at least five feet from building openings.KEYWORDS: Fuel Tanks Venting
CFR29.B.17._.1910.H._.106.(b)(2)(vi)(c) [58]Vent Piping- ManifoldedxmlpdfKEYWORDS: Fuel Tanks Venting
When tank vent piping is manifolded, pipe sizes shall be such as to discharge, within the pressure limitations of the system, the vapors they may be required to handle when manifolded tanks are subject to the same fire exposure.KEYWORDS: Fuel Tanks Venting
CFR29.B.17._.1910.H._.106.(b)(2)(vii) [59]Drainage, Dikes, and WallsxmlpdfKEYWORDS: Containment Fuel Tanks
Drainage, dikes, and walls for aboveground tanks—

(a) Drainage and diked areas. The area surrounding a tank or a group of tanks shall be provided with drainage as in subdivision (b) of this subdivision, or shall be diked as provided in subdivision (c) of this subdivision, to prevent accidental discharge of liquid from endangering adjoining property or reaching waterways.

(b) Drainage. Where protection of adjoining property or waterways is by means of a natural or manmade drainage system, such systems shall comply with the following:
(1) [Reserved]

(2) The drainage system shall terminate in vacant land or other area or in an impounding basin having a capacity not smaller than that of the largest tank served. This termination area and the route of the drainage system shall be so located that, if the flammable liquids in the drainage system are ignited, the fire will not seriously expose tanks or adjoining property.
(c) Diked areas. Where protection of adjoining property or waterways is accomplished by retaining the liquid around the tank by means of a dike, the volume of the diked area shall comply with the following requirements:
(1) Except as provided in subdivision (2) of this subdivision, the volumetric capacity of the diked area shall not be less than the greatest amount of liquid that can be released from the largest tank within the diked area, assuming a full tank. The capacity of the diked area enclosing more than one tank shall be calculated by deducting the volume of the tanks other than the largest tank below the height of the dike.

(2) For a tank or group of tanks with fixed roofs containing crude petroleum with boilover characteristics, the volumetric capacity of the diked area shall be not less than the capacity of the largest tank served by the enclosure, assuming a full tank. The capacity of the diked enclosure shall be calculated by deducting the volume below the height of the dike of all tanks within the enclosure.

(3) Walls of the diked area shall be of earth, steel, concrete or solid masonry designed to be liquidtight and to withstand a full hydrostatic head. Earthen walls 3 feet or more in height shall have a flat section at the top not less than 2 feet wide. The slope of an earthen wall shall be consistent with the angle of repose of the material of which the wall is constructed.

(4) The walls of the diked area shall be restricted to an average height of 6 feet above interior grade.

(5) [Reserved]

(6) No loose combustible material, empty or full drum or barrel, shall be permitted within the diked area.
KEYWORDS: Containment Fuel Tanks
CFR29.B.17._.1910.H._.106.(b)(2)(vii)(a) [60]Area Surrounding TanksxmlpdfKEYWORDS: Containment Fuel Tanks
Drainage and diked areas. The area surrounding a tank or a group of tanks shall be provided with drainage as in subdivision (b) of this subdivision, or shall be diked as provided in subdivision (c) of this subdivision, to prevent accidental discharge of liquid from endangering adjoining property or reaching waterways.KEYWORDS: Containment Fuel Tanks
CFR29.B.17._.1910.H._.106.(b)(2)(vii)(b) [61]DrainagexmlpdfKEYWORDS: Containment Fuel Tanks
Drainage. Where protection of adjoining property or waterways is by means of a natural or manmade drainage system, such systems shall comply with the following:
(1) [Reserved]

(2) The drainage system shall terminate in vacant land or other area or in an impounding basin having a capacity not smaller than that of the largest tank served. This termination area and the route of the drainage system shall be so located that, if the flammable liquids in the drainage system are ignited, the fire will not seriously expose tanks or adjoining property.
KEYWORDS: Containment Fuel Tanks
CFR29.B.17._.1910.H._.106.(b)(2)(vii)(b)(2) [62]Drainage Rout and TerminationxmlpdfKEYWORDS: Containment Fuel Tanks
The drainage system shall terminate in vacant land or other area or in an impounding basin having a capacity not smaller than that of the largest tank served. This termination area and the route of the drainage system shall be so located that, if the flammable liquids in the drainage system are ignited, the fire will not seriously expose tanks or adjoining property.KEYWORDS: Containment Fuel Tanks
CFR29.B.17._.1910.H._.106.(b)(2)(vii)(c) [63]Volume of Diked AreasxmlpdfKEYWORDS: Containment Fuel Tanks
Except as provided in subdivision (2) of this subdivision, the volumetric capacity of the diked area shall not be less than the greatest amount of liquid that can be released from the largest tank within the diked area, assuming a full tank. The capacity of the diked area enclosing more than one tank shall be calculated by deducting the volume of the tanks other than the largest tank below the height of the dike.KEYWORDS: Containment Fuel Tanks
CFR29.B.17._.1910.H._.106.(b)(2)(vii)(c)(3) [64]Wall Material of Diked AreasxmlpdfKEYWORDS: Containment Fuel Tanks
Walls of the diked area shall be of earth, steel, concrete or solid masonry designed to be liquidtight and to withstand a full hydrostatic head. Earthen walls 3 feet or more in height shall have a flat section at the top not less than 2 feet wide. The slope of an earthen wall shall be consistent with the angle of repose of the material of which the wall is constructed.KEYWORDS: Containment Fuel Tanks
CFR29.B.17._.1910.H._.106.(b)(2)(vii)(c)(3) [65]Liquid TightxmlpdfKEYWORDS: Containment Fuel Tanks
Walls of the diked area shall be of earth, steel, concrete or solid masonry designed to be liquidtight and to withstand a full hydrostatic head. Earthen walls 3 feet or more in height shall have a flat section at the top not less than 2 feet wide. The slope of an earthen wall shall be consistent with the angle of repose of the material of which the wall is constructed.KEYWORDS: Containment Fuel Tanks
CFR29.B.17._.1910.H._.106.(b)(2)(vii)(c)(4) [66]Wall Height of Diked AreasxmlpdfKEYWORDS: Containment Fuel Tanks
The walls of the diked area shall be restricted to an average height of 6 feet above interior gradeKEYWORDS: Containment Fuel Tanks
CFR29.B.17._.1910.H._.106.(b)(2)(vii)(c)(6) [67]No Loose Combustible Material in AreaxmlpdfKEYWORDS: Containment Fuel Tanks
No loose combustible material, empty or full drum or barrel, shall be permitted within the diked area.KEYWORDS: Containment Fuel Tanks
CFR29.B.17._.1910.H._.106.(b)(2)(viii) [68]Other OpeningsxmlpdfKEYWORDS: Fuel Tanks
Tank openings other than vents for aboveground tanks.

(a)-(c) [Reserved]

(d) Openings for gaging shall be provided with a vaportight cap or cover.

(e) For Category 2 flammable liquids and Category 3 flammable liquids with a flashpoint below 100 °F (37.8 °C), other than crude oils, gasolines, and asphalts, the fill pipe shall be so designed and installed as to minimize the possibility of generating static electricity. A fill pipe entering the top of a tank shall terminate within 6 inches of the bottom of the tank and shall be installed to avoid excessive vibration.

(f) Filling and emptying connections which are made and broken shall be located outside of buildings at a location free from any source of ignition and not less than 5 feet away from any building opening. Such connection shall be closed and liquidtight when not in use. The connection shall be properly identified.
KEYWORDS: Fuel Tanks
CFR29.B.17._.1910.H._.106.(b)(2)(viii)(d) [69]Other Openings- Gauging Vaportight Cap or CoverxmlpdfKEYWORDS: Fuel Tanks
Openings for gaging shall be provided with a vaportight cap or cover.KEYWORDS: Fuel Tanks
CFR29.B.17._.1910.H._.106.(b)(2)(viii)(e) [70]Other Openings- Minimize Static ElectricityxmlpdfKEYWORDS: Fuel Tanks
For Category 2 flammable liquids and Category 3 flammable liquids with a flashpoint below 100 °F (37.8 °C), other than crude oils, gasolines, and asphalts, the fill pipe shall be so designed and installed as to minimize the possibility of generating static electricity. A fill pipe entering the top of a tank shall terminate within 6 inches of the bottom of the tank and shall be installed to avoid excessive vibration.KEYWORDS: Fuel Tanks
CFR29.B.17._.1910.H._.106.(b)(2)(viii)(e) [71]Other Openings- Fill Pipe 6" From BottomxmlpdfKEYWORDS: Fuel Tanks
For Category 2 flammable liquids and Category 3 flammable liquids with a flashpoint below 100 °F (37.8 °C), other than crude oils, gasolines, and asphalts, the fill pipe shall be so designed and installed as to minimize the possibility of generating static electricity. A fill pipe entering the top of a tank shall terminate within 6 inches of the bottom of the tank and shall be installed to avoid excessive vibration.KEYWORDS: Fuel Tanks
CFR29.B.17._.1910.H._.106.(b)(3) [72]Underground TanksxmlpdfKEYWORDS: Fuel Tanks
{See links. Also see "Misconception #6: A loading/unloading rack or transfer area associated with an exempt underground storage tank (UST) is out of the SPCC regulations" under "Top 10 Misconceptions About SPCC" below.}KEYWORDS: Fuel Tanks
CFR29.B.17._.1910.H._.106.(b)(4) [73]Inside of BuildingsxmlpdfKEYWORDS: Fuel Tanks
Installation of tanks inside of buildings—

(i) Location. Tanks shall not be permitted inside of buildings except as provided in paragraphs (e), (g), (h), or (i) of this section.

(ii) Vents. Vents for tanks inside of buildings shall be as provided in subparagraphs (2) (iv), (v), (vi)( b), and (3)(iv) of this paragraph, except that emergency venting by the use of weak roof seams on tanks shall not be permitted. Vents shall discharge vapors outside the buildings.

(iii) Vent piping. Vent piping shall be constructed in accordance with paragraph (c) of this section.(iv) Tank openings other than vents.
(a) Connections for all tank openings shall be vapor or liquidtight. Vents are covered in subdivision (ii) of this subparagraph.

(b) Each connection to a tank inside of buildings through which liquid can normally flow shall be provided with an internal or an external valve located as close as practical to the shell of the tank. Such valves, when external, and their connections to the tank shall be of steel except when the chemical characteristics of the liquid stored are incompatible with steel. When materials other than steel are necessary, they shall be suitable for the pressures, structural stresses, and temperatures involved, including fire exposures.

(c) Flammable liquid tanks located inside of buildings, except in one-story buildings designed and protected for flammable liquid storage, shall be provided with an automatic-closing heat-actuated valve on each withdrawal connection below the liquid level, except for connections used for emergency disposal, to prevent continued flow in the event of fire in the vicinity of the tank. This function may be incorporated in the valve required in (b) of this subdivision, and if a separate valve, shall be located adjacent to the valve required in (b) of this subdivision.

(d) Openings for manual gaging, if independent of the fill pipe (see (f) of this subdivision), shall be provided with a vaportight cap or cover. Each such opening shall be protected against liquid overflow and possible vapor release by means of a spring loaded check valve or other approved device.

(e) For Category 2 flammable liquids and Category 3 flammable liquids with a flashpoint below 100 °F (37.8 °C), other than crude oils, gasoline, and asphalts, the fill pipe shall be so designed and installed as to minimize the possibility of generating static electricity by terminating within 6 inches of the bottom of the tank.

(f) The fill pipe inside of the tank shall be installed to avoid excessive vibration of the pipe.

(g) The inlet of the fill pipe shall be located outside of buildings at a location free from any source of ignition and not less than 5 feet away from any building opening. The inlet of the fill pipe shall be closed and liquidtight when not in use. The fill connection shall be properly identified.

(h) Tanks inside buildings shall be equipped with a device, or other means shall be provided, to prevent overflow into the building.
Installation of tanks inside of buildings—

(i) Location. Tanks shall not be permitted inside of buildings except as provided in paragraphs (e), (g), (h), or (i) of this section.

(ii) Vents. Vents for tanks inside of buildings shall be as provided in subparagraphs (2) (iv), (v), (vi)( b), and (3)(iv) of this paragraph, except that emergency venting by the use of weak roof seams on tanks shall not be permitted. Vents shall discharge vapors outside the buildings.

(iii) Vent piping. Vent piping shall be constructed in accordance with paragraph (c) of this section.(iv) Tank openings other than vents.
(a) Connections for all tank openings shall be vapor or liquidtight. Vents are covered in subdivision (ii) of this subparagraph.

(b) Each connection to a tank inside of buildings through which liquid can normally flow shall be provided with an internal or an external valve located as close as practical to the shell of the tank. Such valves, when external, and their connections to the tank shall be of steel except when the chemical characteristics of the liquid stored are incompatible with steel. When materials other than steel are necessary, they shall be suitable for the pressures, structural stresses, and temperatures involved, including fire exposures.

(c) Flammable liquid tanks located inside of buildings, except in one-story buildings designed and protected for flammable liquid storage, shall be provided with an automatic-closing heat-actuated valve on each withdrawal connection below the liquid level, except for connections used for emergency disposal, to prevent continued flow in the event of fire in the vicinity of the tank. This function may be incorporated in the valve required in (b) of this subdivision, and if a separate valve, shall be located adjacent to the valve required in (b) of this subdivision.

(d) Openings for manual gaging, if independent of the fill pipe (see (f) of this subdivision), shall be provided with a vaportight cap or cover. Each such opening shall be protected against liquid overflow and possible vapor release by means of a spring loaded check valve or other approved device.

(e) For Category 2 flammable liquids and Category 3 flammable liquids with a flashpoint below 100 °F (37.8 °C), other than crude oils, gasoline, and asphalts, the fill pipe shall be so designed and installed as to minimize the possibility of generating static electricity by terminating within 6 inches of the bottom of the tank.

(f) The fill pipe inside of the tank shall be installed to avoid excessive vibration of the pipe.

(g) The inlet of the fill pipe shall be located outside of buildings at a location free from any source of ignition and not less than 5 feet away from any building opening. The inlet of the fill pipe shall be closed and liquidtight when not in use. The fill connection shall be properly identified.

(h) Tanks inside buildings shall be equipped with a device, or other means shall be provided, to prevent overflow into the building.
KEYWORDS: Fuel Tanks
CFR29.B.17._.1910.H._.106.(b)(5) [74]Supports, Foundations, and Anchorage All LocationsxmlpdfKEYWORDS: Fuel Tanks
{P&D NOTE: Please see link for this information.}KEYWORDS: Fuel Tanks
CFR29.B.17._.1910.H._.106.(b)(6) [75]Sources of IgnitionxmlpdfKEYWORDS: Fuel Tanks
Sources of ignition. In locations where flammable vapors may be present, precautions shall be taken to prevent ignition by eliminating or controlling sources of ignition. Sources of ignition may include open flames, lightning, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, and mechanical), spontaneous ignition, chemical and physical-chemical reactions, and radiant heat.KEYWORDS: Fuel Tanks
CFR29.B.17._.1910.H._.106.(b)(7) [76]Testing Tanks that Store Flamable LiquidsxmlpdfKEYWORDS: Fuel Tanks Testing
Testing—

(i) General. All tanks, whether shop built or field erected, shall be strength tested before they are placed in service in accordance with the applicable paragraphs of the code under which they were built. The American Society of Mechanical Engineers (ASME) code stamp, American Petroleum Institute (API) monogram, or the label of the Underwriters' Laboratories, Inc., on a tank shall be evidence of compliance with this strength test. Tanks not marked in accordance with the above codes shall be strength tested before they are placed in service in accordance with good engineering principles and reference shall be made to the sections on testing in the codes listed in subparagraphs (1) (iii)(a), (iv)(b), or (v)(b) of this paragraph.

(ii) Strength. When the vertical length of the fill and vent pipes is such that when filled with liquid the static head imposed upon the bottom of the tank exceeds 10 pounds per square inch, the tank and related piping shall be tested hydrostatically to a pressure equal to the static head thus imposed.

(iii) Tightness. In addition to the strength test called for in subdivisions (i) and (ii) of this subparagraph, all tanks and connections shall be tested for tightness. Except for underground tanks, this tightness test shall be made at operating pressure with air, inert gas, or water prior to placing the tank in service. In the case of field-erected tanks the strength test may be considered to be the test for tank tightness. Underground tanks and piping, before being covered, enclosed, or placed in use, shall be tested for tightness hydrostatically, or with air pressure at not less than 3 pounds per square inch and not more than 5 pounds per square inch.

(iv) Repairs. All leaks or deformations shall be corrected in an acceptable manner before the tank is placed in service. Mechanical caulking is not permitted for correcting leaks in welded tanks except pinhole leaks in the roof.

(v) Derated operations. Tanks to be operated at pressures below their design pressure may be tested by the applicable provisions of subdivision (i) or (ii) of this subparagraph, based upon the pressure developed under full emergency venting of the tank.
KEYWORDS: Fuel Tanks Testing
CFR29.B.17._.1910.H._.106.(b)(7)(i) [77]Evidence of Strength TestxmlpdfKEYWORDS: Fuel Tanks
Testing—

(i) General. All tanks, whether shop built or field erected, shall be strength tested before they are placed in service in accordance with the applicable paragraphs of the code under which they were built. The American Society of Mechanical Engineers (ASME) code stamp, American Petroleum Institute (API) monogram, or the label of the Underwriters' Laboratories, Inc., on a tank shall be evidence of compliance with this strength test. Tanks not marked in accordance with the above codes shall be strength tested before they are placed in service in accordance with good engineering principles and reference shall be made to the sections on testing in the codes listed in subparagraphs (1) (iii)(a), (iv)(b), or (v)(b) of this paragraph.
KEYWORDS: Fuel Tanks
CFR29.B.17._.1910.H._.106.(c) [78]Piping, Valves, & FittingsxmlpdfKEYWORDS: Piping Fuel Tanks
Piping, valves, and fittings—

(1) General—
(i) Design. The design (including selection of materials) fabrication, assembly, test, and inspection of piping systems containing flammable liquids shall be suitable for the expected working pressures and structural stresses. Conformity with the applicable provisions of Pressure Piping, ANSI B31 series and the provisions of this paragraph, shall be considered prima facie evidence of compliance with the foregoing provisions.

(ii) Exceptions. This paragraph does not apply to any of the following:
(a) Tubing or casing on any oil or gas wells and any piping connected directly thereto.

(b) Motor vehicle, aircraft, boat, or portable or stationary engines.

(c) Piping within the scope of any applicable boiler and pressures vessel code.

(iii) Definitions. As used in this paragraph, piping systems consist of pipe, tubing, flanges, bolting, gaskets, valves, fittings, the pressure containing parts of other components such as expansion joints and strainers, and devices which serve such purposes as mixing, separating, snubbing, distributing, metering, or controlling flow.

(2) Materials for piping, valves, and fittings—
(i) Required materials. Materials for piping, valves, or fittings shall be steel, nodular iron, or malleable iron, except as provided in paragraph (c)(2) (ii), (iii) and (iv) of this section.

(ii) Exceptions. Materials other than steel, nodular iron, or malleable iron may be used underground, or if required by the properties of the flammable liquid handled. Material other than steel, nodular iron, or malleable iron shall be designed to specifications embodying principles recognized as good engineering practices for the material used.

(iii) Linings. Piping, valves, and fittings may have combustible or noncombustible linings.

(iv) Low-melting materials. When low-melting point materials such as aluminum and brass or materials that soften on fire exposure such as plastics, or non-ductile materials such as cast iron, are necessary, special consideration shall be given to their behavior on fire exposure. If such materials are used in above ground piping systems or inside buildings, they shall be suitably protected against fire exposure or so located that any spill resulting from the failure of these materials could not unduly expose persons, important buildings or structures or can be readily controlled by remote valves.
(3) Pipe joints. Joints shall be made liquid tight. Welded or screwed joints or approved connectors shall be used. Threaded joints and connections shall be made up tight with a suitable lubricant or piping compound. Pipe joints dependent upon the friction characteristics of combustible materials for mechanical continuity of piping shall not be used inside buildings. They may be used outside of buildings above or below ground. If used above ground, the piping shall either be secured to prevent disengagement at the fitting or the piping system shall be so designed that any spill resulting from such disengagement could not unduly expose persons, important buildings or structures, and could be readily controlled by remote valves.

(4) Supports. Piping systems shall be substantially supported and protected against physical damage and excessive stresses arising from settlement, vibration, expansion, or contraction.

(5) Protection against corrosion. All piping for flammable liquids, both aboveground and underground, where subject to external corrosion, shall be painted or otherwise protected.

(6) Valves. Piping systems shall contain a sufficient number of valves to operate the system properly and to protect the plant. Piping systems in connection with pumps shall contain a sufficient number of valves to control properly the flow of liquid in normal operation and in the event of physical damage. Each connection to pipelines, by which equipments such as tankcars or tank vehicles discharge liquids by means of pumps into storage tanks, shall be provided with a check valve for automatic protection against backflow if the piping arrangement is such that backflow from the system is possible.

(7)Testing. All piping before being covered, enclosed, or placed in use shall be hydrostatically tested to 150 percent of the maximum anticipated pressure of the system, or pneumatically tested to 110 percent of the maximum anticipated pressure of the system, but not less than 5 pounds per square inch gage at the highest point of the system. This test shall be maintained for a sufficient time to complete visual inspection of all joints and connections, but for at least 10 minutes.
KEYWORDS: Piping Fuel Tanks
CFR29.B.17._.1910.H._.106.(c)(2) [79]Piping, Valves, & Fittings - MaterialsxmlpdfKEYWORDS: Piping Fuel Tanks
Materials for piping, valves, and fittings—

(i) Required materials. Materials for piping, valves, or fittings shall be steel, nodular iron, or malleable iron, except as provided in paragraph (c)(2) (ii), (iii) and (iv) of this section.

(ii) Exceptions. Materials other than steel, nodular iron, or malleable iron may be used underground, or if required by the properties of the flammable liquid handled. Material other than steel, nodular iron, or malleable iron shall be designed to specifications embodying principles recognized as good engineering practices for the material used.
KEYWORDS: Piping Fuel Tanks
CFR29.B.17._.1910.H._.106.(c)(2)(iii) [80]Pipe Linings (double wall pipe)xmlpdfKEYWORDS: Piping Fuel Tanks
Piping, valves, and fittings may have combustible or noncombustible linings.KEYWORDS: Piping Fuel Tanks
CFR29.B.17._.1910.H._.106.(c)(3) [81]Pipe JointsxmlpdfKEYWORDS: Piping Fuel Tanks
Pipe joints. Joints shall be made liquid tight. Welded or screwed joints or approved connectors shall be used. Threaded joints and connections shall be made up tight with a suitable lubricant or piping compound. Pipe joints dependent upon the friction characteristics of combustible materials for mechanical continuity of piping shall not be used inside buildings. They may be used outside of buildings above or below ground. If used above ground, the piping shall either be secured to prevent disengagement at the fitting or the piping system shall be so designed that any spill resulting from such disengagement could not unduly expose persons, important buildings or structures, and could be readily controlled by remote valves. KEYWORDS: Piping Fuel Tanks
CFR29.B.17._.1910.H._.106.(c)(4) [82]SupportsxmlpdfKEYWORDS: Piping Fuel Tanks
Supports. Piping systems shall be substantially supported and protected against physical damage and excessive stresses arising from settlement, vibration, expansion, or contraction. KEYWORDS: Piping Fuel Tanks
CFR29.B.17._.1910.H._.106.(c)(5) [83]Protection Against Corrosion [paint]xmlpdfKEYWORDS: Piping Fuel Tanks
Protection against corrosion. All piping for flammable liquids, both aboveground and underground, where subject to external corrosion, shall be painted or otherwise protected. KEYWORDS: Piping Fuel Tanks
CFR29.B.17._.1910.H._.106.(c)(6) [84]Check Valves (backflow prev. while fueling)xmlpdfKEYWORDS: Piping Fuel Tanks
Valves. Piping systems shall contain a sufficient number of valves to operate the system properly and to protect the plant. Piping systems in connection with pumps shall contain a sufficient number of valves to control properly the flow of liquid in normal operation and in the event of physical damage. Each connection to pipelines, by which equipments such as tankcars or tank vehicles discharge liquids by means of pumps into storage tanks, shall be provided with a check valve for automatic protection against backflow if the piping arrangement is such that backflow from the system is possible.KEYWORDS: Piping Fuel Tanks
CFR29.B.17._.1910.H._.106.(g) [85]Service StationsxmlpdfKEYWORDS: Fuel Tanks Fuel Tanks
For this language please go directly to the source at one of the links provided.KEYWORDS: Fuel Tanks Fuel Tanks
CFR29.B.17._.1910.J [86]SubPart J: General Environmental ControlsxmlpdfKEYWORDS: Fuel Tanks Fuel Tanks
This subPart applies to general environmental controls.KEYWORDS: Fuel Tanks Fuel Tanks
CFR29.B.17._.1910.J._.144 [87]Section 144: Color Code for Marking HazardsxmlpdfKEYWORDS: Markings Fuel Tanks Safety
(a) Color identification—
(1) Red. Red shall be the basic color for the identification of:
(i) Fire protection equipment and apparatus. [Reserved]

(ii) Danger. Safety cans or other portable containers of flammable liquids having a flash point at or below 80 °F, table containers of flammable liquids (open cup tester), excluding shipping containers, shall be painted red with some additional clearly visible identification either in the form of a yellow band around the can or the name of the contents conspicuously stenciled or painted on the can in yellow. Red lights shall be provided at barricades and at temporary obstructions. Danger signs shall be painted red.

(iii) Stop. Emergency stop bars on hazardous machines such as rubber mills, wire blocks, flat work ironers, etc., shall be red. Stop buttons or electrical switches which letters or other markings appear, used for emergency stopping of machinery shall be red.
(2) [Reserved]

(3) Yellow. Yellow shall be the basic color for designating caution and for marking physical hazards such as: Striking against, stumbling, falling, tripping, and “caught in between.”
(b) [Reserved]
KEYWORDS: Markings Fuel Tanks Safety
CFR29.B.17._.1910.L [88]SubPart L: Fire ProtectionxmlpdfKEYWORDS: Fire Prot.
This subPart contains requirements for fire brigades, and all portable and fixed fire suppression equipment, fire detection systems, and fire or employee alarm systems installed to meet the fire protection requirements of 29 CFR part 1910.KEYWORDS: Fire Prot.
CFR29.B.17._.1910.L.SG.155 [89]Section 155: Portable and Fixed Fire Suppression EquipmentxmlpdfKEYWORDS: Fire Prot. Fire Extinguishers
[P&D NOTE: As indicated in the excerpt below this Section includes Portable Fire Suppression Equipment. Also see Portable Fire Extinguishers at CFR 29.B.17._.1910.L.SG.157.(d), below.]

(a) Scope. This subpart contains requirements for fire brigades, and all portable and fixed fire suppression equipment, fire detection systems, and fire or employee alarm systems installed to meet the fire protection requirements of 29 CFR part 1910.KEYWORDS: Fire Prot. Fire Extinguishers
CFR29.B.17._.1910.L.SG.155.(c)(8) [90]Class A Fire  (definition)xmlpdfKEYWORDS: Fire Prot. Definitions
Class A fire means a fire involving ordinary combustible materials such as paper, wood, cloth, and some rubber and plastic materials.KEYWORDS: Fire Prot. Definitions
CFR29.B.17._.1910.L.SG.155.(c)(9) [91]Class B Fire  (definition)xmlpdfKEYWORDS: Fire Prot. Definitions
Class B fire means a fire involving flammable or combustible liquids, flammable gases, greases and similar materials, and some rubber and plastic materials.KEYWORDS: Fire Prot. Definitions
CFR29.B.17._.1910.L.SG.155.(c)(10) [92]Class C Fire  (definition)xmlpdfKEYWORDS: Fire Prot. Definitions
Class C fire means a fire involving energized electrical equipment where safety to the employee requires the use of electrically nonconductive extinguishing media.KEYWORDS: Fire Prot. Definitions
CFR29.B.17._.1910.L.SG.155.(c)(11) [93]Class D Fire  (definition)xmlpdfKEYWORDS: Fire Prot. Definitions
Class D fire means a fire involving combustible metals such as magnesium, titanium, zirconium, sodium, lithium and potassium.KEYWORDS: Fire Prot. Definitions
CFR29.B.17._.1910.L.SG.155.(c)(12) [94]Dry Chemical  (definition)xmlpdfKEYWORDS: Fire Prot. Definitions
Dry chemical means an extinguishing agent composed of very small particles of chemicals such as, but not limited to, sodium bicarbonate, potassium bicarbonate, urea-based potassium bicarbonate, potassium chloride, or monoammonium phosphate supplemented by special treatment to provide resistance to packing and moisture absorption (caking) as well as to provide proper flow capabilities. Dry chemical does not include dry powders.KEYWORDS: Fire Prot. Definitions
CFR29.B.17._.1910.L.SG.155.(c)(13) [95]Dry Power  (definition)xmlpdfKEYWORDS: Fire Prot. Definitions
Dry powder means a compound used to extinguish or control Class D fires.KEYWORDS: Fire Prot. Definitions
CFR29.B.17._.1910.L.SG.155.(c)(14) [96]Education  (definition)xmlpdfKEYWORDS: Fire Prot. Definitions
Education means the process of imparting knowledge or skill through systematic instruction. It does not require formal classroom instruction.KEYWORDS: Fire Prot. Definitions
CFR29.B.17._.1910.L.SG.155.(c)(15) [97]Enclosed Structure  (definition)xmlpdfKEYWORDS: Fire Prot. Definitions
Enclosed structure means a structure with a roof or ceiling and at least two walls which may present fire hazards to employees, such as accumulations of smoke, toxic gases and heat, similar to those found in buildings.KEYWORDS: Fire Prot. Definitions
CFR29.B.17._.1910.L.SG.155.(c)(16) [98]Extinguishing Classification  (definition)xmlpdfKEYWORDS: Fire Prot. Definitions
Extinguisher classification means the letter classification given an extinguisher to designate the class or classes of fire on which an extinguisher will be effective.KEYWORDS: Fire Prot. Definitions
CFR29.B.17._.1910.L.SG.155.(c)(17) [99]Extinguishing Rating  (definition)xmlpdfKEYWORDS: Fire Prot. Definitions
Extinguisher rating means the numerical rating given to an extinguisher which indicates the extinguishing potential of the unit based on standardized tests developed by Underwriters’ Laboratories, Inc.KEYWORDS: Fire Prot. Definitions
CFR29.B.17._.1910.L.SG.155.(c)(19) [100]Fixed Extinguishing System  (definition)xmlpdfKEYWORDS: Fire Prot. Definitions
Fixed extinguishing system means a permanently installed system that either extinguishes or controls a fire at the location of the system.KEYWORDS: Fire Prot. Definitions
CFR29.B.17._.1910.L.SG.155.(c)(22) [101]Gaseous Agent  (definition)xmlpdfKEYWORDS: Fire Prot. Definitions
Gaseous agent is a fire extinguishing agent which is in the gaseous state at normal room temperature and pressure. It has low viscosity, can expand or contract with changes in pressure and temperature, and has the ability to diffuse readily and to distribute itself uniformly throughout an enclosure.KEYWORDS: Fire Prot. Definitions
CFR29.B.17._.1910.L.SG.155.(c)(23) [102]Halo 1211  (definition)xmlpdfKEYWORDS: Fire Prot. Definitions
Halo 1211 means a colorless, faintly sweet smelling, electrically nonconductive liquefied gas (chemical formula CBrC1F2) which is a medium for extinguishing fires by inhibiting the chemical chain reaction of fuel and oxygen. It is also known as bromochlorodifluoromethane.KEYWORDS: Fire Prot. Definitions
CFR29.B.17._.1910.L.SG.155.(c)(24) [103]Halo 1301  (definition)xmlpdfKEYWORDS: Fire Prot. Definitions
Halo 1301 means a colorless, odorless, electrically nonconductive gas (chemical formula CBrF3) which is a medium for extinguishing fires by inhibiting the chemical chain reaction of fuel and oxygen. It is also known as bromotrifluoromethane.KEYWORDS: Fire Prot. Definitions
CFR29.B.17._.1910.L.SG.155.(c)(27) [104]Inspection  (definition)xmlpdfKEYWORDS: Fire Prot. Definitions
Inspection means a visual check of fire protection systems and equipment to ensure that they are in place, charged, and ready for use in the event of a fire.KEYWORDS: Fire Prot. Definitions
CFR29.B.17._.1910.L.SG.155.(c)(30) [105]Local Application System  (definition)xmlpdfKEYWORDS: Fire Prot. Definitions
Local application system means a fixed fire suppression system which has a supply of extinguishing agent, with nozzles arranged to automatically discharge extinguishing agent directly on the burning material to extinguish or control a fire.KEYWORDS: Fire Prot. Definitions
CFR29.B.17._.1910.L.SG.155.(c)(31) [106]Maintenance [fire protection equipment]  (definition)xmlpdfKEYWORDS: Fire Prot. Definitions
Maintenance means the performance of services on fire protection equipment and systems to assure that they will perform as expected in the event of a fire. Maintenance differs from inspection in that maintenance requires the checking of internal fittings, devices and agent supplies. KEYWORDS: Fire Prot. Definitions
CFR29.B.17._.1910.L.SG.155.(c)(32) [107]Multipurpose Dry Chemical  (definition)xmlpdfKEYWORDS: Fire Prot. Definitions
Multipurpose dry chemical means a dry chemical which is approved for use on Class A, Class B and Class C fires.KEYWORDS: Fire Prot. Definitions
CFR29.B.17._.1910.L.SG.155.(c)(35) [108]Pre-Discharge Employee Alarm  (definition)xmlpdfKEYWORDS: Fire Prot. Definitions
Pre-discharge employee alarm means an alarm which will sound at a set time prior to actual discharge of an extinguishing system so that employees may evacuate the discharge area prior to system discharge.KEYWORDS: Fire Prot. Definitions
CFR29.B.17._.1910.L.SG.155.(c)(36) [109]Quick Disconnect Valve  (definition)xmlpdfKEYWORDS: Fire Prot. Definitions
Quick Disconnect Valve means a device which starts the flow of air by inserting of the hose (which leads from the face piece) into the regulator of self-contained breathing apparatus, and stops the flow of air by disconnection of the hose from the regulator.KEYWORDS: Fire Prot. Definitions
CFR29.B.17._.1910.L.SG.155.(c)(37) [110]Sprinkler Alarm  (definition)xmlpdfKEYWORDS: Fire Prot. Definitions
Sprinkler Alarm means an approved device installed so that any water flow from a sprinkler system equal to or greater than that from single automatic sprinkler will result in an audible alarm signal on the premises. KEYWORDS: Fire Prot. Definitions
CFR29.B.17._.1910.L.SG.155.(c)(38) [111]Sprinkler System  (definition)xmlpdfKEYWORDS: Fire Prot. Definitions
Sprinkler System means a system of piping designed in accordance with fire protection engineering standards and installed to control or extinguish fires. The system includes an adequate and reliable water supply, and a network of specially sized piping and sprinklers which are interconnected. The system also includes a control valve and a device for actuating an alarm when the system is in operation.KEYWORDS: Fire Prot. Definitions
CFR29.B.17._.1910.L.SG.155.(c)(39) [112]Standpipe System  (definition)xmlpdfKEYWORDS: Fire Prot. Definitions
Standpipe Systems

(i) Class I standpipe system means a 21⁄2″ (6.3 cm) hose connection for use by fire departments and those trained in handling heavy fire streams.

(ii) Class II standpipe system means a 11⁄2″ (3.8 cm) hose system which provides a means for the control or extinguishment of incipient stage fires.

(iii) Class III standpipe system means a combined system of hose which is for the use of employees trained in the use of hose operations and which is capable of furnishing effective water discharge during the more advanced stages of fire.KEYWORDS: Fire Prot. Definitions
CFR29.B.17._.1910.L.SG.157 [113]Portable Fire ExtinguishersxmlpdfKEYWORDS: Fire Prot.
Scope and application. The requirements of this section apply to the placement, use, maintenance, and testing of portable fire extinguishers provided for the use of employees. Paragraph (d) of this section does not apply to extinguishers provided for employee use on the outside of workplace buildings or structures. Where extinguishers are provided but are not intended for employee use and the employer has an emergency action plan and a fire prevention plan that meet the requirements of 29 CFR 1910.38 and 29 CFR 1910.39 respectively, then only the requirements of paragraphs (e) and (f) of this section apply.KEYWORDS: Fire Prot.
CFR29.B.17._.1910.L.SG.157.(Appendix-A) [114]Portable Fire Extinguishers- AppendixxmlpdfKEYWORDS: Fire Prot.
Scope and application. The scope and application of this section [appendix] is written to apply to three basic types of workplaces. First, there are those workplaces where the employer has chosen to evacuate all employees from the workplace at the time of a fire emergency. Second, there are those workplaces where the employer has chosen to permit certain employees to fight fires and to evacuate all other non-essential employees at the time of a fire emergency. Third, there are those workplaces where the employer has chosen to permit all employees in the workplace to use portable fire extinguishers to fight fires.

The section also addresses two kinds of work areas. The entire workplace can be divided into outside (exterior) work areas and inside (interior) work areas. This division of the workplace into two areas is done in recognition of the different types of hazards employees may be exposed to during fire fighting operations. Fires in interior workplaces, pose a greater hazard to employees; they can produce greater exposure to quantities of smoke, toxic gases, and heat because of the capability of a building or structure to contain or entrap these products of combustion until the building can be ventilated. Exterior work areas, normally open to the environment, are somewhat less hazardous, because the products of combustion are generally carried away by the thermal column of the fire. Employees also have a greater selection of evacuation routes if it is necessary to abandon fire fighting efforts.

In recognition of the degree of hazard present in the two types of work areas, the standards for exterior work areas are somewhat less restrictive in regards to extinguisher distribution. Paragraph (a) explains this by specifying which paragraphs in the section apply.KEYWORDS: Fire Prot.
CFR29.B.17._.1910.L.SG.157.(d) [115]Portable Fire Extinguishers- DistributionxmlpdfKEYWORDS: Fire Prot. Fire Extinguishers
(d) Selection and distribution.
  1. Portable fire extinguishers shall be provided for employee use and selected and distributed based on the classes of anticipated workplace fires and on the size and degree of hazard which would affect their use.

  2. The employer shall distribute portable fire extinguishers for use by employees on Class A fires so that the travel distance for employees to any extinguisher is 75 feet (22.9 m) or less.

  3. The employer may use uniformly spaced standpipe systems or hose stations connected to a sprinkler system installed for emergency use by employees instead of Class A portable fire extinguishers, provided that such systems meet the respective requirements of § 1910.158 or § 1910.159, that they provide total coverage of the area to be protected, and that employees are trained at least annually in their use.

  4. The employer shall distribute portable fire extinguishers for use by employees on Class B fires so that the travel distance from the Class B hazard area to any extinguisher is 50 feet (15.2 m) or less.

  5. The employer shall distribute portable fire extinguishers used for Class C hazards on the basis of the appropriate pattern for the existing Class A or Class B hazards.

  6. The employer shall distribute portable fire extinguishers or other containers of Class D extinguishing agent for use by employees so that the travel distance from the combustible metal working area to any extinguishing agent is 75 feet (22.9 m) or less. Portable fire extinguishers for Class D hazards are required in those combustible metal working areas where combustible metal powders, flakes, shavings, or similarly sized products are generated at least once every two weeks.KEYWORDS: Fire Prot. Fire Extinguishers
CFR29.B.17._.1910.L.SG.157.(e) [116]Portable Fire Extinguishers - Inspection, Maintenance, TestingxmlpdfKEYWORDS: Fire Prot. Fire Extinguishers
Inspection, maintenance and testing. (1) The employer shall be responsible for the inspection, maintenance and testing of all portable fire extinguishers in the workplace. KEYWORDS: Fire Prot. Fire Extinguishers
CFR29.B.17._.1910.S [117]SubPart S: ElectricalxmlpdfKEYWORDS: Electrical
[P&D NOTE: This SubPart provides the basis for electrical codes]KEYWORDS: Electrical
CFR29.B.17._.1910.S.SG.307 [118]Section 307: Hazardous (classified) LocationsxmlpdfKEYWORDS: Electrical
This section covers the requirements for electric equipment and wiring in locations that are classified depending on the properties of the flammable vapors, liquids or gases, or combustible dusts or fibers that may be present therein and the likelihood that a flammable or combustible concentration or quantity is present.KEYWORDS: Electrical
CFR29.B.17._.1910.S.SG.307.(c)(3) [119]Note to Paragraph [includes generators]xmlpdfKEYWORDS: Electrical Safety
Note to paragraph (c)(3) of this section:
The National Electrical Code, NFPA 70, contains guidelines for determining the type and design of equipment and installations that will meet this requirement. Those guidelines address electric wiring, equipment, and systems installed in hazardous (classified) locations and contain specific provisions for the following: wiring methods, wiring connections; conductor insulation, flexible cords, sealing and drainage, transformers, capacitors, switches, circuit breakers, fuses, motor controllers, receptacles, attachment plugs, meters, relays, instruments, resistors, generators, motors, lighting fixtures, storage battery charging equipment, electric cranes, electric hoists and similar equipment, utilization equipment, signaling systems, alarm systems, remote control systems, local loud speaker and communication systems, ventilation piping, live parts, lightning surge protection, and grounding.KEYWORDS: Electrical Safety
CFR29.B.17._.1910.S.SG.308.(b) [120]Emergency power systemsxmlpdfKEYWORDS: Electrical
(b) Emergency power systems. This paragraph applies to circuits, systems, and equipment intended to supply power for illumination and special loads in the event of failure of the normal supply.KEYWORDS: Electrical
CFR29.B.17._.1910.S.SG.308.(b)(1) [121]Emergency Circuit WiringxmlpdfKEYWORDS: Electrical
(1) Wiring methods. Emergency circuit wiring shall be kept entirely independent of all other wiring and equipment and may not enter the same raceway, cable, box, or cabinet or other wiring except either where common circuit elements suitable for the purpose are required, or for transferring power from the normal to the emergency source.KEYWORDS: Electrical
CFR29.B.17._.1910.S.SG.308.(b)(2) [122]Emergency IlluminationxmlpdfKEYWORDS: Electrical Lighting
(2) Emergency illumination. Emergency illumination shall include all required means of egress lighting, illuminated exit signs, and all other lights necessary to provide illumination. Where emergency lighting is necessary, the system shall be so arranged that the failure of any individual lighting element, such as the burning out of a light bulb, cannot leave any space in total darkness.KEYWORDS: Electrical Lighting
CFR29.B.17._.1910.S.SG.308.(b)(3) [123]Signs at Emergency Power SourcesxmlpdfKEYWORDS: Electrical Signage
(3) Signs.

(i) A sign shall be placed at the service entrance equipment indicating the type and location of on-site emergency power sources. However, a sign is not required for individual unit equipment.

(ii) Where the grounded circuit conductor connected to the emergency source is connected to a grounding electrode conductor at a location remote from the emergency source, there shall be a sign at the grounding location that shall identify all emergency and normal sources connected at that location.
KEYWORDS: Electrical Signage
CFR40 [124]TITLE 40: Protection of Environmentxml---KEYWORDS: General
Reorganization Plan 3 of 1970, established the U.S. Environmental Protection Agency (EPA) in the Executive branch as an independent Agency, effective December 2, 1970.KEYWORDS: General
CFR40._.1 [125]Chapter 1: Environmental Protection Agency (EPA)xmlpdfKEYWORDS: General Engines
The U.S. Environmental Protection Agency permits coordinated and effective governmental action to assure the protection of the environment by abating and controlling pollution on a systematic basis. Reorganization Plan 3 of 1970 transferred to EPA a variety of research, monitoring, standard setting, and enforcement activities related to pollution abatement and control to provide for the treatment of the environment as a single interrelated system. Complementary to these activities are the Agency's coordination and support of research and antipollution activities carried out by State and local governments, private and public groups, individuals, and educational institutions. EPA reinforces efforts among other Federal agencies with respect to the impact of their operations on the environment.KEYWORDS: General Engines
CFR40._.1.C [126]SubChapter C: Air ProgramsxmlpdfKEYWORDS: Emissions Engines
National primary and secondary ambient air quality standards under section 109 of the Act are set forth in this part.KEYWORDS: Emissions Engines
CFR40._.1.C.50 [127]Part 50: National Air Quality StandardsxmlpdfKEYWORDS: Emissions
National primary ambient air quality standards define levels of air quality which the Administrator judges are necessary, with an adequate margin of safety, to protect the public health. National secondary ambient air quality standards define levels of air quality which the Administrator judges necessary to protect the public welfare from any known or anticipated adverse effects of a pollutant. Such standards are subject to revision, and additional primary and secondary standards may be promulgated as the Administrator deems necessary to protect the public health and welfare.

{P&D NOTE: See link for whole Part.}KEYWORDS: Emissions
CFR40._.1.C.50.Appendix B [128]Method for the Determination of Suspended Particulate MatterxmlpdfKEYWORDS: Emissions
Appendix B to Part 50—Reference Method for the Determination of Suspended Particulate Matter in the Atmosphere (High-Volume Method)

1.0 Applicability.
1.1 This method provides a measurement of the mass concentration of total suspended particulate matter (TSP) in ambient air for determining compliance with the primary and secondary national ambient air quality standards for particulate matter as specified in § 50.6 and § 50.7 of this chapter. The measurement process is nondestructive, and the size of the sample collected is usually adequate for subsequent chemical analysis. Quality assurance procedures and guidance are provided in part 58, appendixes A and B, of this chapter and in References 1 and 2.

{P&D NOTE: See link for full text.}KEYWORDS: Emissions
CFR40._.1.C.50.Appendix J [129]Method for the Determination of Particulate Matter as PM10xmlpdfKEYWORDS: Emissions
This method provides for the measurement of the mass concentration of particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM1O) in ambient air over a 24-hour period for purposes of determining attainment and maintenance of the primary and secondary national ambient air quality standards for particulate matter specified in § 50.6 of this chapter. The measurement process is nondestructive, and the PM10 sample can be subjected to subsequent physical or chemical analyses. Quality assurance procedures and guidance are provided in part 58, appendices A and B, of this chapter and in References 1 and 2.

{P&D NOTE: See link for full text.}KEYWORDS: Emissions
CFR40._.1.C.50.Appendix L [130]Method for the Determination of Fine Particulate Matter as PM2.5xmlpdfKEYWORDS: Emissions
This method provides for the measurement of the mass concentration of fine particulate matter having an aerodynamic diameter less than or equal to a nominal 2.5 micrometers (PM2.5) in ambient air over a 24-hour period for purposes of determining whether the primary and secondary national ambient air quality standards for fine particulate matter specified in § 50.7 and § 50.13 of this part are met. The measurement process is considered to be nondestructive, and the PM2.5 sample obtained can be subjected to subsequent physical or chemical analyses. Quality assessment procedures are provided in part 58, appendix A of this chapter, and quality assurance guidance are provided in references 1, 2, and 3 in section 13.0 of this appendix.

{P&D NOTE: See link for full text.}KEYWORDS: Emissions
CFR40._.1.C.50.Appendix O [131]Method for the Determination of Coarse Particulate Matter as PM10-2.5xmlpdfKEYWORDS: Emissions
This method provides for the measurement of the mass concentration of coarse particulate matter (PM10-2.5) in ambient air over a 24-hour period. In conjunction with additional analysis, this method may be used to develop speciated data.

{P&D NOTE: See link for full text.}KEYWORDS: Emissions
CFR40._.1.C.50.Appendix Q [132]Method for the Determination of Lead in Particulate Matter as PM10xmlpdfKEYWORDS: Emissions
This method provides for the measurement of the lead (Pb) concentration in particulate matter that is 10 micrometers or less (PM10) in ambient air. PM10 is collected on an acceptable (see section 6.1.2) 46.2 mm diameter polytetrafluoroethylene (PTFE) filter for 24 hours using active sampling at local conditions with a low-volume air sampler. The low-volume sampler has an average flow rate of 16.7 liters per minute (Lpm) and total sampled volume of 24 cubic meters (m3) of air. The analysis of Pb in PM10 is performed on each individual 24-hour sample. Gravimetric mass analysis of PM10c filters is not required for Pb analysis. For the purpose of this method, PM10 is defined as particulate matter having an aerodynamic diameter in the nominal range of 10 micrometers (10 µm) or less.

{P&D NOTE: See link for full text.}KEYWORDS: Emissions
CFR40._.1.C.51 [133]Part 51: Implementation Plans by StatesxmlpdfKEYWORDS: Emissions
States must inventory emission sources located on nontribal lands and report this information to EPA.

{P&D NOTE: See link for full text.}
[P&D NOTE-2: This Part includes a separate SubPart for every State. To find your State Click Here.]KEYWORDS: Emissions
CFR40._.1.C.52 [134]Part52: Approval and Promulgation of Implementation PlansxmlpdfKEYWORDS: Emissions
This part sets forth the Administrator's approval and disapproval of State plans and the Administrator's promulgation of such plans or portions thereof. Approval of a plan or any portion thereof is based upon a determination by the Administrator that such plan or portion meets the requirements of section 110 of the Act and the provisions of part 51 of this chapter.

{P&D NOTE: See link for full text.}KEYWORDS: Emissions
CFR40._.1.C.53 [135]Part 53: Ambient Air Monitoring Reference and Equivalent MethodsxmlpdfKEYWORDS: Emissions
{P&D NOTE: There are two basic methods EPA has set for testing air for particulates. They are the Federal Reference Method (FRM) and the Federal Equivalent Method (FEM). This Part 52 explaines and provides the general requirements for these methods. See link for full text.}KEYWORDS: Emissions
CFR40._.1.C.58 [136]Part 58: Ambient Air Quality SurveillancexmlpdfKEYWORDS: Emissions
This part contains requirements for measuring ambient air quality and for reporting ambient air quality data and related information.

{P&D NOTE: See link for full text.}KEYWORDS: Emissions
CFR40._.1.C.60 [137]Part 60: Standards of Performance for New Stationary SourcesxmlpdfKEYWORDS: Emissions
KEYWORDS: Emissions
CFR40._.1.C.60.A [138]SubPart A: General ProvisionsxmlpdfKEYWORDS: Emissions
KEYWORDS: Emissions
CFR40._.1.C.60.A._.1.(a) [139]Applicability - Stationary SourcesxmlpdfKEYWORDS: Emissions
Except as provided in subparts B and C, the provisions of this part apply to the owner or operator of any stationary source which contains an affected facility, the construction or modification of which is commenced after the date of publication in this part of any standard (or, if earlier, the date of publication of any proposed standard) applicable to that facility [see dates below].

(b) Any new or revised standard of performance promulgated pursuant to section 111(b) of the Act shall apply to the owner or operator of any stationary source which contains an affected facility, the construction or modification of which is commenced after the date of publication in this part of such new or revised standard (or, if earlier, the date of publication of any proposed standard) applicable to that facility.

(c) In addition to complying with the provisions of this part, the owner or operator of an affected facility may be required to obtain an operating permit issued to stationary sources by an authorized State air pollution control agency or by the Administrator of the U.S. Environmental Protection Agency (EPA) pursuant to Title V of the Clean Air Act (Act) as amended November 15, 1990 (42 U.S.C. 7661). For more information about obtaining an operating permit see part 70 of this chapter.

(d) Site-specific standard for Merck & Co., Inc.'s Stonewall Plant in Elkton, Virginia.

(1) This paragraph applies only to the pharmaceutical manufacturing facility, commonly referred to as the Stonewall Plant, located at Route 340 South, in Elkton, Virginia (“site”).

(2) Except for compliance with 40 CFR 60.49b(u), the site shall have the option of either complying directly with the requirements of this part, or reducing the site-wide emissions caps in accordance with the procedures set forth in a permit issued pursuant to 40 CFR 52.2454. If the site chooses the option of reducing the site-wide emissions caps in accordance with the procedures set forth in such permit, the requirements of such permit shall apply in lieu of the otherwise applicable requirements of this part.

(3) Notwithstanding the provisions of paragraph (d)(2) of this section, for any provisions of this part except for Subpart Kb, the owner/operator of the site shall comply with the applicable provisions of this part if the Administrator determines that compliance with the provisions of this part is necessary for achieving the objectives of the regulation and the Administrator notifies the site in accordance with the provisions of the permit issued pursuant to 40 CFR 52.2454.


[40 FR 53346, Nov. 17, 1975, as amended at 55 FR 51382, Dec. 13, 1990; 59 FR 12427, Mar. 16, 1994; 62 FR 52641, Oct. 8, 1997]KEYWORDS: Emissions
CFR40._.1.C.60.A._.2 [140]Act- Clean Air Act  (definition)xmlpdfKEYWORDS: Emissions Definitions
Act  means the Clean Air Act (42 U.S.C. 7401 et seq.) {Found at link under 60.2 Definitions. Also see Clean Air Act}KEYWORDS: Emissions Definitions
CFR40._.1.C.60.A._.2 [141]Affected Facility  (definition)xmlpdfKEYWORDS: Emissions Definitions
Affected Facility means, with reference to a stationary source, any apparatus to which a standard is applicable.KEYWORDS: Emissions Definitions
CFR40._.1.C.60.A._.2 [142]Continuous Emissions Monitoring System  (definition)xmlpdfKEYWORDS: Emissions Definitions Monitoring
Continuous Monitoring System means the total equipment, required under the emission monitoring sections in applicable subparts, used to sample and condition (if applicable), to analyze, and to provide a permanent record of emissions or process parameters.KEYWORDS: Emissions Definitions Monitoring
CFR40._.1.C.60.A._.2 [143]Excess Emissions and Monitoring Systems Performance Report  (definition)xmlpdfKEYWORDS: Emissions Definitions Monitoring
Excess Emissions and Monitoring Systems Performance Report is a report that must be submitted periodically by a source in order to provide data on its compliance with stated emission limits and operating parameters, and on the performance of its monitoring systems.KEYWORDS: Emissions Definitions Monitoring
CFR40._.1.C.60.A._.2 [144]Existing Facility  (definition)xmlpdfKEYWORDS: Emissions Definitions
Existing Facilitymeans, with reference to a stationary source, any apparatus of the type for which a standard is promulgated in this part, and the construction or modification of which was commenced before the date of proposal of that standard; or any apparatus which could be altered in such a way as to be of that type.KEYWORDS: Emissions Definitions
CFR40._.1.C.60.A._.2 [145]Malfunction  (definition)xmlpdfKEYWORDS: Emissions Definitions
Malfunctionmeans any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.KEYWORDS: Emissions Definitions
CFR40._.1.C.60.A._.2 [146]Modification  (definition)xmlpdfKEYWORDS: Emissions Definitions
Modification means any physical change in, or change in the method of operation of, an existing facility which increases the amount of any air pollutant (to which a standard applies) emitted into the atmosphere by that facility or which results in the emission of any air pollutant (to which a standard applies) into the atmosphere not previously emitted.KEYWORDS: Emissions Definitions
CFR40._.1.C.60.A._.2 [147]Monitoring Device  (definition)xmlpdfKEYWORDS: Emissions Definitions Monitoring
Monitoring Device means the total equipment, required under the monitoring of operations sections in applicable subparts, used to measure and record (if applicable) process parameters.KEYWORDS: Emissions Definitions Monitoring
CFR40._.1.C.60.A._.2 [148]Opacity  (definition)xmlpdfKEYWORDS: Emissions Definitions
Opacity means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.KEYWORDS: Emissions Definitions
CFR40._.1.C.60.A._.2 [149]Owner or Operator  (definition)xmlpdfKEYWORDS: Emissions Definitions Owner or Operator
Owner or Operator means any person who owns, leases, operates, controls, or supervises an affected facility or a stationary source of which an affected facility is a part. KEYWORDS: Emissions Definitions Owner or Operator
CFR40._.1.C.60.A._.2 [150]Particulate Matter  (definition)xmlpdfKEYWORDS: Emissions Definitions
Particulate Matter means any finely divided solid or liquid material, other than uncombined water, as measured by the reference methods specified under each applicable subpart, or an equivalent or alternative method.KEYWORDS: Emissions Definitions
CFR40._.1.C.60.A._.2 [151]Permit Program  (definition)xmlpdfKEYWORDS: Emissions Definitions
Permit Program  means a comprehensive State operating permit system established pursuant to title V of the Act (42 U.S.C. 7661) and regulations codified in part 70 of this chapter and applicable State regulations, or a comprehensive Federal operating permit system established pursuant to title V of the Act and regulations codified in this chapter.KEYWORDS: Emissions Definitions
CFR40._.1.C.60.A._.2 [152]Permitting Authority  (definition)xmlpdfKEYWORDS: Emissions Definitions Permits
Permitting Authority means:(1) The State air pollution control agency, local agency, other State agency, or other agency authorized by the Administrator to carry out a permit program under part 70 of this chapter; or(2) The Administrator, in the case of EPA-implemented permit programs under title V of the Act (42 U.S.C. 7661).KEYWORDS: Emissions Definitions Permits
CFR40._.1.C.60.A._.2 [153]Stationary Source  (definition)xmlpdfKEYWORDS: Emissions
Stationary Source  means any building, structure, facility, or installation which emits or may emit any air pollutant.KEYWORDS: Emissions
CFR40._.1.C.60.A._.2 [154]Title V Permit  (definition)xmlpdfKEYWORDS: Emissions Definitions Permits
Title V Permit means any permit issued, renewed, or revised pursuant to Federal or State regulations established to implement title V of the Act (42 U.S.C. 7661). A title V permit issued by a State permitting authority is called a part 70 permit in this part.KEYWORDS: Emissions Definitions Permits
CFR40._.1.C.60.A._.7.(a) [155]Notifications Required by Owner or OperatorxmlpdfKEYWORDS: Emissions Notifications Owner or Operator
Any owner or operator subject to the provisions of this part shall furnish the Administrator written notification or, if acceptable to both the Administrator and the owner or operator of a source, electronic notification, as follows:

(1) A notification of the date construction (or reconstruction as defined under § 60.15) of an affected facility is commenced postmarked no later than 30 days after such date. This requirement shall not apply in the case of mass-produced facilities which are purchased in completed form.

(2) [Reserved] .

(3) A notification of the actual date of initial startup of an affected facility postmarked within 15 days after such date.

(4) A notification of any physical or operational change to an existing facility which may increase the emission rate of any air pollutant to which a standard applies, unless that change is specifically exempted under an applicable subpart or in § 60.14(e). This notice shall be postmarked 60 days or as soon as practicable before the change is commenced and shall include information describing the precise nature of the change, present and proposed emission control systems, productive capacity of the facility before and after the change, and the expected completion date of the change. The Administrator may request additional relevant information subsequent to this notice.

(5) A notification of the date upon which demonstration of the continuous monitoring system performance commences in accordance with § 60.13(c). Notification shall be postmarked not less than 30 days prior to such date.

(6) A notification of the anticipated date for conducting the opacity observations required by § 60.11(e)(1) of this part. The notification shall also include, if appropriate, a request for the Administrator to provide a visible emissions reader during a performance test. The notification shall be postmarked not less than 30 days prior to such date.

(7) A notification that continuous opacity monitoring system data results will be used to determine compliance with the applicable opacity standard during a performance test required by § 60.8 in lieu of Method 9 observation data as allowed by § 60.11(e)(5) of this part. This notification shall be postmarked not less than 30 days prior to the date of the performance test.KEYWORDS: Emissions Notifications Owner or Operator
CFR40._.1.C.60.A._.7.(b) [156]Record Keeping Required by Owner or OperatorxmlpdfKEYWORDS: Emissions Recordkeeping Owner or Operator
Any owner or operator subject to the provisions of this part shall maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility; any malfunction of the air pollution control equipment; or any periods during which a continuous monitoring system or monitoring device is inoperative.KEYWORDS: Emissions Recordkeeping Owner or Operator
CFR40._.1.C.60.A._.7.(c) [157]Reporting Required by Owner or OperatorxmlpdfKEYWORDS: Emissions Reporting Owner or Operator
Each owner or operator required to install a continuous monitoring device shall submit excess emissions and monitoring systems performance report (excess emissions are defined in applicable subparts) and-or summary report form (see paragraph (d) of this section) to the Administrator semiannually, except when: more frequent reporting is specifically required by an applicable subpart; or the Administrator, on a case-by-case basis, determines that more frequent reporting is necessary to accurately assess the compliance status of the source. All reports shall be postmarked by the 30th day following the end of each six-month period. Written reports of excess emissions shall include the following information:

(1) The magnitude of excess emissions computed in accordance with § 60.13(h), any conversion factor(s) used, and the date and time of commencement and completion of each time period of excess emissions. The process operating time during the reporting period.

(2) Specific identification of each period of excess emissions that occurs during startups, shutdowns, and malfunctions of the affected facility. The nature and cause of any malfunction (if known), the corrective action taken or preventative measures adopted.

(3) The date and time identifying each period during which the continuous monitoring system was inoperative except for zero and span checks and the nature of the system repairs or adjustments.

(4) When no excess emissions have occurred or the continuous monitoring system(s) have not been inoperative, repaired, or adjusted, such information shall be stated in the report.
KEYWORDS: Emissions Reporting Owner or Operator
CFR40._.1.C.60.A._.7.(d) [158]Summary Reporting Required by Owner or OperatorxmlpdfKEYWORDS: Emissions Reporting Owner or Operator
The summary report form shall contain the information and be in the format shown in figure 1 [see link] unless otherwise specified by the Administrator. One summary report form shall be submitted for each pollutant monitored at each affected facility.

(1) If the total duration of excess emissions for the reporting period is less than 1 percent of the total operating time for the reporting period and CMS downtime for the reporting period is less than 5 percent of the total operating time for the reporting period, only the summary report form shall be submitted and the excess emission report described in § 60.7(c) need not be submitted unless requested by the Administrator.

(2) If the total duration of excess emissions for the reporting period is 1 percent or greater of the total operating time for the reporting period or the total CMS downtime for the reporting period is 5 percent or greater of the total operating time for the reporting period, the summary report form and the excess emission report described in § 60.7(c) shall both be submitted.KEYWORDS: Emissions Reporting Owner or Operator
CFR40._.1.C.60.IIII [159]Stationary Compression Ignition EnginesxmlpdfKEYWORDS: Emissions
Standards of Performance for Stationary Compression Ignition Internal Combustion EnginesKEYWORDS: Emissions
CFR40._.1.C.60.IIII.?.4200 [160]Applicability - Stationary Sources DatesxmlpdfKEYWORDS: Emissions
  1. The provisions of this subpart are applicable to manufacturers, owners, and operators of stationary compression ignition (CI) internal combustion engines (ICE) and other persons as specified in paragraphs (a)(1) through (4) of this section. For the purposes of this subpart, the date that construction commences is the date the engine is ordered by the owner or operator.
    1. Manufacturers of stationary CI ICE with a displacement of less than 30 liters per cylinder where the model year is:
      1. 2007 or later, for engines that are not fire pump engines;

      2. The model year listed in Table 3 to this subpart or later model year, for fire pump engines.
    2. Owners and operators of stationary CI ICE that commence construction after July 11, 2005, where the stationary CI ICE are:
      1. Manufactured after April 1, 2006, and are not fire pump engines, or

      2. Manufactured as a certified National Fire Protection Association (NFPA) fire pump engine after July 1, 2006.
    3. Owners and operators of any stationary CI ICE that are modified or reconstructed after July 11, 2005 and any person that modifies or reconstructs any stationary CI ICE after July 11, 2005.

    4. The provisions of § 60.4208 of this subpart are applicable to all owners and operators of stationary CI ICE that commence construction after July 11, 2005.
  2. The provisions of this subpart are not applicable to stationary CI ICE being tested at a stationary CI ICE test cell/stand.

  3. If you are an owner or operator of an area source subject to this subpart, you are exempt from the obligation to obtain a permit under 40 CFR part 70 or 40 CFR part 71, provided you are not required to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a) for a reason other than your status as an area source under this subpart. Notwithstanding the previous sentence, you must continue to comply with the provisions of this subpart applicable to area sources.

  4. Stationary CI ICE may be eligible for exemption from the requirements of this subpart as described in 40 CFR part 1068, subpart C (or the exemptions described in 40 CFR part 89, subpart J and 40 CFR part 94, subpart J, for engines that would need to be certified to standards in those parts), except that owners and operators, as well as manufacturers, may be eligible to request an exemption for national security.

  5. Owners and operators of facilities with CI ICE that are acting as temporary replacement units and that are located at a stationary source for less than 1 year and that have been properly certified as meeting the standards that would be applicable to such engine under the appropriate nonroad engine provisions, are not required to meet any other provisions under this subpart with regard to such engines.
  6. KEYWORDS: Emissions
CFR40._.1.C.60.IIII.?.4201 [161]Standards for Non-emergency Engines if ManufacturerxmlpdfKEYWORDS: Emissions
Stationary CI internal combustion engine manufacturers must certify . . .KEYWORDS: Emissions
CFR40._.1.C.60.IIII.?.4202 [162]Standards for Emergency Engines if ManufacturerxmlpdfKEYWORDS: Emissions
Stationary CI internal combustion engine manufacturers must certify . . .KEYWORDS: Emissions
CFR40._.1.C.60.IIII.?.4203 [163]How Long Must Emission Standards be met if ManufacturerxmlpdfKEYWORDS: Emissions
Engines manufactured by stationary CI internal combustion engine manufacturers must meet the emission standards as required in § 60.4201 and § 60.4202 during the certified emissions life of the engines.

[76 FR 37968, June 28, 2011]KEYWORDS: Emissions
CFR40._.1.C.60.IIII.?.4204 [164]Standards for Non-emergency Engines if Owner or OperatorxmlpdfKEYWORDS: Emissions Owner or Operator
(a) Owners and operators of pre-2007 model year non-emergency stationary CI ICE with a displacement of less than 10 liters per cylinder must comply with the emission standards in table 1 to this subpart. Owners and operators of pre-2007 model year non-emergency stationary CI ICE with a displacement of greater than or equal to 10 liters per cylinder and less than 30 liters per cylinder must comply with the emission standards in 40 CFR 94.8(a)(1).

(b) Owners and operators of 2007 model year and later non-emergency stationary CI ICE with a displacement of less than 30 liters per cylinder must comply with the emission standards for new CI engines in § 60.4201 for their 2007 model year and later stationary CI ICE, as applicable.

(c) Owners and operators of non-emergency stationary CI engines with a displacement of greater than or equal to 30 liters per cylinder must meet the following requirements:

(1) For engines installed prior to January 1, 2012, limit the emissions of NOX in the stationary CI internal combustion engine exhaust to the following:
(i) 17.0 grams per kilowatt-hour (g/KW-hr) (12.7 grams per horsepower-hr (g/HP-hr)) when maximum engine speed is less than 130 revolutions per minute (rpm);
(ii) 45 • n−0.2 g/KW-hr (34 • n−0.2 g/HP-hr) when maximum engine speed is 130 or more but less than 2,000 rpm, where n is maximum engine speed; and

(iii) 9.8 g/KW-hr (7.3 g/HP-hr) when maximum engine speed is 2,000 rpm or more.
(2) For engines installed on or after January 1, 2012 and before January 1, 2016, limit the emissions of NOX in the stationary CI internal combustion engine exhaust to the following:
(i) 14.4 g/KW-hr (10.7 g/HP-hr) when maximum engine speed is less than 130 rpm;

(ii) 44 • n−0.23 g/KW-hr (33 • n−0.23 g/HP-hr) when maximum engine speed is greater than or equal to 130 but less than 2,000 rpm and where n is maximum engine speed; and

(iii) 7.7 g/KW-hr (5.7 g/HP-hr) when maximum engine speed is greater than or equal to 2,000 rpm.
(3) For engines installed on or after January 1, 2016, limit the emissions of NOX in the stationary CI internal combustion engine exhaust to the following:
(i) 3.4 g/KW-hr (2.5 g/HP-hr) when maximum engine speed is less than 130 rpm;

(ii) 9.0 • n−0.20 g/KW-hr (6.7 • n−0.20 g/HP-hr) where n (maximum engine speed) is 130 or more but less than 2,000 rpm; and

(iii) 2.0 g/KW-hr (1.5 g/HP-hr) where maximum engine speed is greater than or equal to 2,000 rpm.
(4) Reduce particulate matter (PM) emissions by 60 percent or more, or limit the emissions of PM in the stationary CI internal combustion engine exhaust to 0.15 g/KW-hr (0.11 g/HP-hr).

(d) Owners and operators of non-emergency stationary CI ICE with a displacement of less than 30 liters per cylinder who conduct performance tests in-use must meet the not-to-exceed (NTE) standards as indicated in § 60.4212.

(e) Owners and operators of any modified or reconstructed non-emergency stationary CI ICE subject to this subpart must meet the emission standards applicable to the model year, maximum engine power, and displacement of the modified or reconstructed non-emergency stationary CI ICE that are specified in paragraphs (a) through (d) of this section.

[71 FR 39172, July 11, 2006, as amended at 76 FR 37968, June 28, 2011] KEYWORDS: Emissions Owner or Operator
CFR40._.1.C.60.IIII.?.4205 [165]Standards for Emergency Engines if Owner or OperatorxmlpdfKEYWORDS: Emissions Owner or Operator
(a) Owners and operators of pre-2007 model year emergency stationary CI ICE with a displacement of less than 10 liters per cylinder that are not fire pump engines must comply with the emission standards in Table 1 to this subpart. Owners and operators of pre-2007 model year emergency stationary CI ICE with a displacement of greater than or equal to 10 liters per cylinder and less than 30 liters per cylinder that are not fire pump engines must comply with the emission standards in 40 CFR 94.8(a)(1) .

(b) Owners and operators of 2007 model year and later emergency stationary CI ICE with a displacement of less than 30 liters per cylinder that are not fire pump engines must comply with the emission standards for new nonroad CI engines in § 60.4202, for all pollutants, for the same model year and maximum engine power for their 2007 model year and later emergency stationary CI ICE.

(c) Owners and operators of fire pump engines with a displacement of less than 30 liters per cylinder must comply with the emission standards in table 4 to this subpart, for all pollutants.

(d) Owners and operators of emergency stationary CI engines with a displacement of greater than or equal to 30 liters per cylinder must meet the requirements in this section.
(1) For engines installed prior to January 1, 2012, limit the emissions of NOX in the stationary CI internal combustion engine exhaust to the following:
(i) 17.0 g/KW-hr (12.7 g/HP-hr) when maximum engine speed is less than 130 rpm;

(ii) 45 • n−0.2 g/KW-hr (34 • n−0.2 g/HP-hr) when maximum engine speed is 130 or more but less than 2,000 rpm, where n is maximum engine speed; and

(iii) 9.8 g/kW-hr (7.3 g/HP-hr) when maximum engine speed is 2,000 rpm or more.

(2) For engines installed on or after January 1, 2012, limit the emissions of NOX in the stationary CI internal combustion engine exhaust to the following:
(i) 14.4 g/KW-hr (10.7 g/HP-hr) when maximum engine speed is less than 130 rpm;

(ii) 44 • n−0.23 g/KW-hr (33 • n−0.23 g/HP-hr) when maximum engine speed is greater than or equal to 130 but less than 2,000 rpm and where n is maximum engine speed; and

(iii) 7.7 g/KW-hr (5.7 g/HP-hr) when maximum engine speed is greater than or equal to 2,000 rpm.

(3) Limit the emissions of PM in the stationary CI internal combustion engine exhaust to 0.40 g/KW-hr (0.30 g/HP-hr).

(e) Owners and operators of emergency stationary CI ICE with a displacement of less than 30 liters per cylinder who conduct performance tests in-use must meet the NTE standards as indicated in § 60.4212.

(f) Owners and operators of any modified or reconstructed emergency stationary CI ICE subject to this subpart must meet the emission standards applicable to the model year, maximum engine power, and displacement of the modified or reconstructed CI ICE that are specified in paragraphs (a) through (e) of this section.

[71 FR 39172, July 11, 2006, as amended at 76 FR 37969, June 28, 2011]
KEYWORDS: Emissions Owner or Operator
CFR40._.1.C.60.IIII.?.4206 [166]How Long Must Emission Standards be met if Owner or OperatorxmlpdfKEYWORDS: Emissions Owner or Operator
Owners and operators of stationary CI ICE must operate and maintain stationary CI ICE that achieve the emission standards as required in §§ 60.4204 and 60.4205 over the entire life of the engine.KEYWORDS: Emissions Owner or Operator
CFR40._.1.C.60.IIII.?.4207 [167]Fuel Requirements if Owner or OperatorxmlpdfKEYWORDS: Emissions Owner or Operator
  1. Beginning October 1, 2007, owners and operators of stationary CI ICE subject to this subpart that use diesel fuel must use diesel fuel that meets the requirements of 40 CFR 80.510(a).

  2. Beginning October 1, 2010, owners and operators of stationary CI ICE subject to this subpart with a displacement of less than 30 liters per cylinder that use diesel fuel must use diesel fuel that meets the requirements of 40 CFR 80.510(b) for nonroad diesel fuel, except that any existing diesel fuel purchased (or otherwise obtained) prior to October 1, 2010, may be used until depleted.

  3. [Reserved]

    Beginning June 1, 2012, owners and operators of stationary CI ICE subject to this subpart with a displacement of greater than or equal to 30 liters per cylinder are no longer subject to the requirements of paragraph (a) of this section, and must use fuel that meets a maximum per-gallon sulfur content of 1,000 parts per million (ppm).

  4. Stationary CI ICE that have a national security exemption under § 60.4200(d) are also exempt from the fuel requirements in this section.KEYWORDS: Emissions Owner or Operator
CFR40._.1.C.60.IIII.?.4209 [168]Monitoring Requirements if Owner or Operator [Hour Meter]xmlpdfKEYWORDS: Emissions
If you are an owner or operator, you must meet the monitoring requirements of this section. In addition, you must also meet the monitoring requirements specified in § 60.4211.
  1. If you are an owner or operator of an emergency stationary CI internal combustion engine that does not meet the standards applicable to non-emergency engines, you must install a non-resettable hour meter prior to startup of the engine.

  2. If you are an owner or operator of a stationary CI internal combustion engine equipped with a diesel particulate filter to comply with the emission standards in § 60.4204, the diesel particulate filter must be installed with a backpressure monitor that notifies the owner or operator when the high backpressure limit of the engine is approached.KEYWORDS: Emissions
CFR40._.1.C.60.IIII.?.4209 [169]Monitoring Requirements if Owner or Operator [DPF]xmlpdfKEYWORDS: Emissions DPF Monitoring Owner or Operator
If you are an owner or operator, you must meet the monitoring requirements of this section. In addition, you must also meet the monitoring requirements specified in § 60.4211.
  1. If you are an owner or operator of an emergency stationary CI internal combustion engine that does not meet the standards applicable to non-emergency engines, you must install a non-resettable hour meter prior to startup of the engine.

  2. If you are an owner or operator of a stationary CI internal combustion engine equipped with a diesel particulate filter to comply with the emission standards in § 60.4204, the diesel particulate filter must be installed with a backpressure monitor that notifies the owner or operator when the high backpressure limit of the engine is approached.KEYWORDS: Emissions DPF Monitoring Owner or Operator
CFR40._.1.C.60.IIII.?.4210 [170]Labeling Per Table 5xmlpdfKEYWORDS: Emissions
(f) Starting with the model years shown in table 5 to this subpart, stationary CI internal combustion engine manufacturers must add a permanent label stating that the engine is for stationary emergency use only to each new emergency stationary CI internal combustion engine greater than or equal to 19 KW (25 HP) that meets all the emission standards for emergency engines in § 60.4202 but does not meet all the emission standards for non-emergency engines in § 60.4201. The label must be added according to the labeling requirements specified in 40 CFR 1039.135(b). Engine manufacturers must specify in the owner's manual that operation of emergency engines is limited to emergency operations and required maintenance and testing.

[71 FR 39172, July 11, 2006, as amended at 76 FR 37969, June 28, 2011]KEYWORDS: Emissions
CFR40._.1.C.60.IIII.?.4211.(a) thru (e) [171]Emission Reqs if Owner or Operator of a Stationary Compression Ingnition Engine [Part-1]xmlpdfKEYWORDS: Emissions Owner or Operator
(a) If you are an owner or operator and must comply with the emission standards specified in this subpart, you must do all of the following, except as permitted under paragraph (g) of this section:

(1) Operate and maintain the stationary CI internal combustion engine and control device according to the manufacturer's emission-related written instructions;

(2) Change only those emission-related settings that are permitted by the manufacturer; and

(3) Meet the requirements of 40 CFR parts 89, 94 and/or 1068, as they apply to you.

(b) If you are an owner or operator of a pre-2007 model year stationary CI internal combustion engine and must comply with the emission standards specified in §§ 60.4204(a) or 60.4205(a), or if you are an owner or operator of a CI fire pump engine that is manufactured prior to the model years in table 3 to this subpart and must comply with the emission standards specified in § 60.4205(c), you must demonstrate compliance according to one of the methods specified in paragraphs (b)(1) through (5) of this section.

(1) Purchasing an engine certified according to 40 CFR part 89 or 40 CFR part 94, as applicable, for the same model year and maximum engine power. The engine must be installed and configured according to the manufacturer's specifications.

(2) Keeping records of performance test results for each pollutant for a test conducted on a similar engine. The test must have been conducted using the same methods specified in this subpart and these methods must have been followed correctly.

(3) Keeping records of engine manufacturer data indicating compliance with the standards.
(4) Keeping records of control device vendor data indicating compliance with the standards.

(5) Conducting an initial performance test to demonstrate compliance with the emission standards according to the requirements specified in § 60.4212, as applicable.

(c) If you are an owner or operator of a 2007 model year and later stationary CI internal combustion engine and must comply with the emission standards specified in § 60.4204(b) or § 60.4205(b), or if you are an owner or operator of a CI fire pump engine that is manufactured during or after the model year that applies to your fire pump engine power rating in table 3 to this subpart and must comply with the emission standards specified in § 60.4205(c), you must comply by purchasing an engine certified to the emission standards in § 60.4204(b), or § 60.4205(b) or (c), as applicable, for the same model year and maximum (or in the case of fire pumps, NFPA nameplate) engine power. The engine must be installed and configured according to the manufacturer's emission-related specifications, except as permitted in paragraph (g) of this section.

(d) If you are an owner or operator and must comply with the emission standards specified in § 60.4204(c) or § 60.4205(d), you must demonstrate compliance according to the requirements specified in paragraphs (d)(1) through (3) of this section.

(1) Conducting an initial performance test to demonstrate initial compliance with the emission standards as specified in § 60.4213.

(2) Establishing operating parameters to be monitored continuously to ensure the stationary internal combustion engine continues to meet the emission standards. The owner or operator must petition the Administrator for approval of operating parameters to be monitored continuously. The petition must include the information described in paragraphs (d)(2)(i) through (v) of this section.
(i) Identification of the specific parameters you propose to monitor continuously;

(ii) A discussion of the relationship between these parameters and NOX and PM emissions, identifying how the emissions of these pollutants change with changes in these parameters, and how limitations on these parameters will serve to limit NOX and PM emissions;

(iii) A discussion of how you will establish the upper and/or lower values for these parameters which will establish the limits on these parameters in the operating limitations;

(iv) A discussion identifying the methods and the instruments you will use to monitor these parameters, as well as the relative accuracy and precision of these methods and instruments; and

(v) A discussion identifying the frequency and methods for recalibrating the instruments you will use for monitoring these parameters.
(3) For non-emergency engines with a displacement of greater than or equal to 30 liters per cylinder, conducting annual performance tests to demonstrate continuous compliance with the emission standards as specified in § 60.4213.
(e) If you are an owner or operator of a modified or reconstructed stationary CI internal combustion engine and must comply with the emission standards specified in § 60.4204(e) or § 60.4205(f), you must demonstrate compliance according to one of the methods specified in paragraphs (e)(1) or (2) of this section.
(1) Purchasing, or otherwise owning or operating, an engine certified to the emission standards in § 60.4204(e) or § 60.4205(f), as applicable.

(2) Conducting a performance test to demonstrate initial compliance with the emission standards according to the requirements specified in § 60.4212 or § 60.4213, as appropriate. The test must be conducted within 60 days after the engine commences operation after the modification or reconstruction.
KEYWORDS: Emissions Owner or Operator
CFR40._.1.C.60.IIII.?.4211.(f) thru (g) [172]Emission Reqs if Owner or Operator of a Stationary Compression Ingnition Engine [Part-2]xmlpdfKEYWORDS: Emissions
(f) If you own or operate an emergency stationary ICE, you must operate the emergency stationary ICE according to the requirements in paragraphs (f)(1) through (3) of this section. In order for the engine to be considered an emergency stationary ICE under this subpart, any operation other than emergency operation, maintenance and testing, emergency demand response, and operation in non-emergency situations for 50 hours per year, as described in paragraphs (f)(1) through (3) of this section, is prohibited. If you do not operate the engine according to the requirements in paragraphs (f)(1) through (3) of this section, the engine will not be considered an emergency engine under this subpart and must meet all requirements for non-emergency engines.

(1) There is no time limit on the use of emergency stationary ICE in emergency situations.

(2) You may operate your emergency stationary ICE for any combination of the purposes specified in paragraphs (f)(2)(i) through (iii) of this section for a maximum of 100 hours per calendar year. Any operation for non-emergency situations as allowed by paragraph (f)(3) of this section counts as part of the 100 hours per calendar year allowed by this paragraph (f)(2).
(i) Emergency stationary ICE may be operated for maintenance checks and readiness testing, provided that the tests are recommended by federal, state or local government, the manufacturer, the vendor, the regional transmission organization or equivalent balancing authority and transmission operator, or the insurance company associated with the engine. The owner or operator may petition the Administrator for approval of additional hours to be used for maintenance checks and readiness testing, but a petition is not required if the owner or operator maintains records indicating that federal, state, or local standards require maintenance and testing of emergency ICE beyond 100 hours per calendar year.

(ii) Emergency stationary ICE may be operated for emergency demand response for periods in which the Reliability Coordinator under the North American Electric Reliability Corporation (NERC) Reliability Standard EOP-002-3, Capacity and Energy Emergencies (incorporated by reference, see § 60.17), or other authorized entity as determined by the Reliability Coordinator, has declared an Energy Emergency Alert Level 2 as defined in the NERC Reliability Standard EOP-002-3.

(iii) Emergency stationary ICE may be operated for periods where there is a deviation of voltage or frequency of 5 percent or greater below standard voltage or frequency.

(3) Emergency stationary ICE may be operated for up to 50 hours per calendar year in non-emergency situations. The 50 hours of operation in non-emergency situations are counted as part of the 100 hours per calendar year for maintenance and testing and emergency demand response provided in paragraph (f)(2) of this section. Except as provided in paragraph (f)(3)(i) of this section, the 50 hours per calendar year for non-emergency situations cannot be used for peak shaving or non-emergency demand response, or to generate income for a facility to an electric grid or otherwise supply power as part of a financial arrangement with another entity.
(i) The 50 hours per year for non-emergency situations can be used to supply power as part of a financial arrangement with another entity if all of the following conditions are met:
(A) The engine is dispatched by the local balancing authority or local transmission and distribution system operator;

(B) The dispatch is intended to mitigate local transmission and/or distribution limitations so as to avert potential voltage collapse or line overloads that could lead to the interruption of power supply in a local area or region.

(C) The dispatch follows reliability, emergency operation or similar protocols that follow specific NERC, regional, state, public utility commission or local standards or guidelines.
(D) The power is provided only to the facility itself or to support the local transmission and distribution system.

(E) The owner or operator identifies and records the entity that dispatches the engine and the specific NERC, regional, state, public utility commission or local standards or guidelines that are being followed for dispatching the engine. The local balancing authority or local transmission and distribution system operator may keep these records on behalf of the engine owner or operator.
(ii) [Reserved]

(g) If you do not install, configure, operate, and maintain your engine and control device according to the manufacturer's emission-related written instructions, or you change emission-related settings in a way that is not permitted by the manufacturer, you must demonstrate compliance as follows:

(1) If you are an owner or operator of a stationary CI internal combustion engine with maximum engine power less than 100 HP, you must keep a maintenance plan and records of conducted maintenance to demonstrate compliance and must, to the extent practicable, maintain and operate the engine in a manner consistent with good air pollution control practice for minimizing emissions. In addition, if you do not install and configure the engine and control device according to the manufacturer's emission-related written instructions, or you change the emission-related settings in a way that is not permitted by the manufacturer, you must conduct an initial performance test to demonstrate compliance with the applicable emission standards within 1 year of such action.

(2) If you are an owner or operator of a stationary CI internal combustion engine greater than or equal to 100 HP and less than or equal to 500 HP, you must keep a maintenance plan and records of conducted maintenance and must, to the extent practicable, maintain and operate the engine in a manner consistent with good air pollution control practice for minimizing emissions. In addition, you must conduct an initial performance test to demonstrate compliance with the applicable emission standards within 1 year of startup, or within 1 year after an engine and control device is no longer installed, configured, operated, and maintained in accordance with the manufacturer's emission-related written instructions, or within 1 year after you change emission-related settings in a way that is not permitted by the manufacturer.

(3) If you are an owner or operator of a stationary CI internal combustion engine greater than 500 HP, you must keep a maintenance plan and records of conducted maintenance and must, to the extent practicable, maintain and operate the engine in a manner consistent with good air pollution control practice for minimizing emissions. In addition, you must conduct an initial performance test to demonstrate compliance with the applicable emission standards within 1 year of startup, or within 1 year after an engine and control device is no longer installed, configured, operated, and maintained in accordance with the manufacturer's emission-related written instructions, or within 1 year after you change emission-related settings in a way that is not permitted by the manufacturer. You must conduct subsequent performance testing every 8,760 hours of engine operation or 3 years, whichever comes first, thereafter to demonstrate compliance with the applicable emission standards.

[71 FR 39172, July 11, 2006, as amended at 76 FR 37970, June 28, 2011; 78 FR 6695, Jan. 30, 2013]KEYWORDS: Emissions
CFR40._.1.C.60.IIII.?.4211.(b) [173]Emission Reqs if Engine Model Year Before 2007xmlpdfKEYWORDS: Emissions
(b) If you are an owner or operator of a pre-2007 model year stationary CI internal combustion engine and must comply with the emission standards specified in § 60.4204(a) or § 60.4205(a) , or if you are an owner or operator of a CI fire pump engine that is manufactured prior to the model years in table 3 to this subpart and must comply with the emission standards specified in § 60.4205(c) , you must demonstrate compliance according to one of the methods specified in paragraphs (b)(1) through (5) of this section.

(1) Purchasing an engine certified according to 40 CFR part 89 or 40 CFR part 94, as applicable, for the same model year and maximum engine power. The engine must be installed and configured according to the manufacturer's specifications.

(2) Keeping records of performance test results for each pollutant for a test conducted on a similar engine. The test must have been conducted using the same methods specified in this subpart and these methods must have been followed correctly.

(3) Keeping records of engine manufacturer data indicating compliance with the standards.

(4) Keeping records of control device vendor data indicating compliance with the standards.

(5) Conducting an initial performance test to demonstrate compliance with the emission standards according to the requirements specified in § 60.4212, as applicable.

KEYWORDS: Emissions
CFR40._.1.C.60.IIII.?.4211.(c) [174]Emission Reqs if Engine Model Year 2007 or AfterxmlpdfKEYWORDS: Emissions
(c) If you are an owner or operator of a 2007 model year and later stationary CI internal combustion engine and must comply with the emission standards specified in § 60.4204(b) or § 60.4205(b), or if you are an owner or operator of a CI fire pump engine that is manufactured during or after the model year that applies to your fire pump engine power rating in table 3 to this subpart and must comply with the emission standards specified in § 60.4205(c) , you must comply by purchasing an engine certified to the emission standards in § 60.4204(b), or § 60.4205(b) or (c) , as applicable, for the same model year and maximum (or in the case of fire pumps, NFPA nameplate) engine power. The engine must be installed and configured according to the manufacturer's emission-related specifications, except as permitted in paragraph (g) of this section.KEYWORDS: Emissions
CFR40._.1.C.60.IIII.?.4211.(d) [175]Continuous Emissions Monitoring (CFR)xmlpdfKEYWORDS: Emissions
(d) If you are an owner or operator and must comply with the emission standards specified in § 60.4204(c) or § 60.4205(d), you must demonstrate compliance according to the requirements specified in paragraphs (d)(1) through (3) of this section.

(1) Conducting an initial performance test to demonstrate initial compliance with the emission standards as specified in § 60.4213.

(2) Establishing operating parameters to be monitored continuously to ensure the stationary internal combustion engine continues to meet the emission standards. The owner or operator must petition the Administrator for approval of operating parameters to be monitored continuously. The petition must include the information described in paragraphs (d)(2)(i) through (v) of this section.
(i) Identification of the specific parameters you propose to monitor continuously;

(ii) A discussion of the relationship between these parameters and NOX and PM emissions, identifying how the emissions of these pollutants change with changes in these parameters, and how limitations on these parameters will serve to limit NOX and PM emissions;

(iii) A discussion of how you will establish the upper and/or lower values for these parameters which will establish the limits on these parameters in the operating limitations;

(iv) A discussion identifying the methods and the instruments you will use to monitor these parameters, as well as the relative accuracy and precision of these methods and instruments; and

(v) A discussion identifying the frequency and methods for recalibrating the instruments you will use for monitoring these parameters.
(3) For non-emergency engines with a displacement of greater than or equal to 30 liters per cylinder, conducting annual performance tests to demonstrate continuous compliance with the emission standards as specified in § 60.4213.
KEYWORDS: Emissions
CFR40._.1.C.60.IIII.?.4212 [176]Test Methods if Owner or Operator- Less Than 30 Liters Per CylinderxmlpdfKEYWORDS: Emissions Owner or Operator
  1. If you are an owner or operator and must comply with the emission standards specified in this subpart, you must do all of the following, except as permitted under paragraph (g) of this section:
    1. Operate and maintain the stationary CI internal combustion engine and control device according to the manufacturer's emission-related written instructions;

    2. Change only those emission-related settings that are permitted by the manufacturer; and

    3. Meet the requirements of 40 CFR parts 89, 94 and/or 1068, as they apply to you.

  2. If you are an owner or operator of a pre-2007 model year stationary CI internal combustion engine and must comply with the emission standards specified in §§ 60.4204(a) or 60.4205(a), or if you are an owner or operator of a CI fire pump engine that is manufactured prior to the model years in table 3 to this subpart and must comply with the emission standards specified in § 60.4205(c), you must demonstrate compliance according to one of the methods specified in paragraphs (b)(1) through (5) of this section.
    1. Purchasing an engine certified according to 40 CFR part 89 or 40 CFR part 94, as applicable, for the same model year and maximum engine power. The engine must be installed and configured according to the manufacturer's specifications.

    2. Keeping records of performance test results for each pollutant for a test conducted on a similar engine. The test must have been conducted using the same methods specified in this subpart and these methods must have been followed correctly.

    3. Keeping records of engine manufacturer data indicating compliance with the standards.

    4. Keeping records of control device vendor data indicating compliance with the standards.

    5. Conducting an initial performance test to demonstrate compliance with the emission standards according to the requirements specified in § 60.4212, as applicable.
  3. If you are an owner or operator of a 2007 model year and later stationary CI internal combustion engine and must comply with the emission standards specified in § 60.4204(b) or § 60.4205(b), or if you are an owner or operator of a CI fire pump engine that is manufactured during or after the model year that applies to your fire pump engine power rating in table 3 to this subpart and must comply with the emission standards specified in § 60.4205(c), you must comply by purchasing an engine certified to the emission standards in § 60.4204(b), or § 60.4205(b) or (c), as applicable, for the same model year and maximum (or in the case of fire pumps, NFPA nameplate) engine power. The engine must be installed and configured according to the manufacturer's emission-related specifications, except as permitted in paragraph (g) of this section.

  4. If you are an owner or operator and must comply with the emission standards specified in § 60.4204(c) or § 60.4205(d), you must demonstrate compliance according to the requirements specified in paragraphs (d)(1) through (3) of this section.
    1. Conducting an initial performance test to demonstrate initial compliance with the emission standards as specified in § 60.4213.

    2. Establishing operating parameters to be monitored continuously to ensure the stationary internal combustion engine continues to meet the emission standards. The owner or operator must petition the Administrator for approval of operating parameters to be monitored continuously. The petition must include the information described in paragraphs (d)(2)(i) through (v) of this section
      1. Identification of the specific parameters you propose to monitor continuously;

      2. A discussion of the relationship between these parameters and NOX and PM emissions, identifying how the emissions of these pollutants change with changes in these parameters, and how limitations on these parameters will serve to limit NOX and PM emissions;

      3. A discussion of how you will establish the upper and/or lower values for these parameters which will establish the limits on these parameters in the operating limitations;

      4. A discussion identifying the methods and the instruments you will use to monitor these parameters, as well as the relative accuracy and precision of these methods and instruments; and

      5. A discussion identifying the frequency and methods for recalibrating the instruments you will use for monitoring these parameters.
    3. For non-emergency engines with a displacement of greater than or equal to 30 liters per cylinder, conducting annual performance tests to demonstrate continuous compliance with the emission standards as specified in § 60.4213.
  5. If you are an owner or operator of a modified or reconstructed stationary CI internal combustion engine and must comply with the emission standards specified in § 60.4204(e) or § 60.4205(f), you must demonstrate compliance according to one of the methods specified in paragraphs (e)(1) or (2) of this section.
    1. Purchasing, or otherwise owning or operating, an engine certified to the emission standards in § 60.4204(e) or § 60.4205(f), as applicable.

    2. Conducting a performance test to demonstrate initial compliance with the emission standards according to the requirements specified in § 60.4212 or § 60.4213, as appropriate. The test must be conducted within 60 days after the engine commences operation after the modification or reconstruction.
  6. If you own or operate an emergency stationary ICE, you must operate the emergency stationary ICE according to the requirements in paragraphs (f)(1) through (3) of this section. In order for the engine to be considered an emergency stationary ICE under this subpart, any operation other than emergency operation, maintenance and testing, emergency demand response, and operation in non-emergency situations for 50 hours per year, as described in paragraphs (f)(1) through (3) of this section, is prohibited. If you do not operate the engine according to the requirements in paragraphs (f)(1) through (3) of this section, the engine will not be considered an emergency engine under this subpart and must meet all requirements for non-emergency engines.
    1. There is no time limit on the use of emergency stationary ICE in emergency situations.

    2. You may operate your emergency stationary ICE for any combination of the purposes specified in paragraphs (f)(2)(i) through (iii) of this section for a maximum of 100 hours per calendar year. Any operation for non-emergency situations as allowed by paragraph (f)(3) of this section counts as part of the 100 hours per calendar year allowed by this paragraph (f)(2).
      1. Emergency stationary ICE may be operated for maintenance checks and readiness testing, provided that the tests are recommended by federal, state or local government, the manufacturer, the vendor, the regional transmission organization or equivalent balancing authority and transmission operator, or the insurance company associated with the engine. The owner or operator may petition the Administrator for approval of additional hours to be used for maintenance checks and readiness testing, but a petition is not required if the owner or operator maintains records indicating that federal, state, or local standards require maintenance and testing of emergency ICE beyond 100 hours per calendar year.

      2. Emergency stationary ICE may be operated for emergency demand response for periods in which the Reliability Coordinator under the North American Electric Reliability Corporation (NERC) Reliability Standard EOP-002-3, Capacity and Energy Emergencies (incorporated by reference, see § 60.17), or other authorized entity as determined by the Reliability Coordinator, has declared an Energy Emergency Alert Level 2 as defined in the NERC Reliability Standard EOP-002-3.

      3. Emergency stationary ICE may be operated for periods where there is a deviation of voltage or frequency of 5 percent or greater below standard voltage or frequency.
    3. Emergency stationary ICE may be operated for up to 50 hours per calendar year in non-emergency situations. The 50 hours of operation in non-emergency situations are counted as part of the 100 hours per calendar year for maintenance and testing and emergency demand response provided in paragraph (f)(2) of this section. Except as provided in paragraph (f)(3)(i) of this section, the 50 hours per calendar year for non-emergency situations cannot be used for peak shaving or non-emergency demand response, or to generate income for a facility to an electric grid or otherwise supply power as part of a financial arrangement with another entity.
      1. The 50 hours per year for non-emergency situations can be used to supply power as part of a financial arrangement with another entity if all of the following conditions are met:
        1. The engine is dispatched by the local balancing authority or local transmission and distribution system operator;

        2. The dispatch is intended to mitigate local transmission and/or distribution limitations so as to avert potential voltage collapse or line overloads that could lead to the interruption of power supply in a local area or region.

        3. The dispatch follows reliability, emergency operation or similar protocols that follow specific NERC, regional, state, public utility commission or local standards or guidelines.

        4. The power is provided only to the facility itself or to support the local transmission and distribution system.

        5. The owner or operator identifies and records the entity that dispatches the engine and the specific NERC, regional, state, public utility commission or local standards or guidelines that are being followed for dispatching the engine. The local balancing authority or local transmission and distribution system operator may keep these records on behalf of the engine owner or operator.
      2. [Reserved]
  7. If you do not install, configure, operate, and maintain your engine and control device according to the manufacturer's emission-related written instructions, or you change emission-related settings in a way that is not permitted by the manufacturer, you must demonstrate compliance as follows:
    1. If you are an owner or operator of a stationary CI internal combustion engine with maximum engine power less than 100 HP, you must keep a maintenance plan and records of conducted maintenance to demonstrate compliance and must, to the extent practicable, maintain and operate the engine in a manner consistent with good air pollution control practice for minimizing emissions. In addition, if you do not install and configure the engine and control device according to the manufacturer's emission-related written instructions, or you change the emission-related settings in a way that is not permitted by the manufacturer, you must conduct an initial performance test to demonstrate compliance with the applicable emission standards within 1 year of such action.

    2. If you are an owner or operator of a stationary CI internal combustion engine greater than or equal to 100 HP and less than or equal to 500 HP, you must keep a maintenance plan and records of conducted maintenance and must, to the extent practicable, maintain and operate the engine in a manner consistent with good air pollution control practice for minimizing emissions. In addition, you must conduct an initial performance test to demonstrate compliance with the applicable emission standards within 1 year of startup, or within 1 year after an engine and control device is no longer installed, configured, operated, and maintained in accordance with the manufacturer's emission-related written instructions, or within 1 year after you change emission-related settings in a way that is not permitted by the manufacturer.

    3. If you are an owner or operator of a stationary CI internal combustion engine greater than 500 HP, you must keep a maintenance plan and records of conducted maintenance and must, to the extent practicable, maintain and operate the engine in a manner consistent with good air pollution control practice for minimizing emissions. In addition, you must conduct an initial performance test to demonstrate compliance with the applicable emission standards within 1 year of startup, or within 1 year after an engine and control device is no longer installed, configured, operated, and maintained in accordance with the manufacturer's emission-related written instructions, or within 1 year after you change emission-related settings in a way that is not permitted by the manufacturer. You must conduct subsequent performance testing every 8,760 hours of engine operation or 3 years, whichever comes first, thereafter to demonstrate compliance with the applicable emission standards.

[71 FR 39172, July 11, 2006, as amended at 76 FR 37970, June 28, 2011; 78 FR 6695, Jan. 30, 2013]KEYWORDS: Emissions Owner or Operator
CFR40._.1.C.60.IIII.?.4213 [177]Test Methods if Owner or Operator- Equal or Greater Than 30 Liters Per CylinderxmlpdfKEYWORDS: Emissions Owner or Operator
Owners and operators of stationary CI ICE with a displacement of greater than or equal to 30 liters per cylinder must conduct performance tests according to paragraphs (a) through (f) of this section.KEYWORDS: Emissions Owner or Operator
CFR40._.1.C.60.IIII.?.4214 [178]Notification, reporting, Recordkeeping if Owner or OperatorxmlpdfKEYWORDS: Emissions Recordkeeping Reporting Notifications Owner or Operator
(a) Owners and operators of non-emergency stationary CI ICE that are greater than 2,237 KW (3,000 HP), or have a displacement of greater than or equal to 10 liters per cylinder, or are pre-2007 model year engines that are greater than 130 KW (175 HP) and not certified, must meet the requirements of paragraphs (a)(1) and (2) of this section.KEYWORDS: Emissions Recordkeeping Reporting Notifications Owner or Operator
CFR40._.1.C.60.IIII.?.4217 [179]Stationary Internal Combustion Engine Using Special FuelsxmlpdfKEYWORDS: Emissions
Owners and operators of stationary CI ICE that do not use diesel fuel may petition the Administrator for approval of alternative emission standards, if they can demonstrate that they use a fuel that is not the fuel on which the manufacturer of the engine certified the engine and that the engine cannot meet the applicable standards required in § 60.4204 or § 60.4205 using such fuels and that use of such fuel is appropriate and reasonably necessary, considering cost, energy, technical feasibility, human health and environmental, and other factors, for the operation of the engine.

[76 FR 37972, June 28, 2011] KEYWORDS: Emissions
CFR40._.1.C.60.IIII.?.4218 [180]What parts of the General Provisions apply to me?xmlpdfKEYWORDS: Emissions
Table 8 to this subpart shows which parts of the General Provisions in §§ 60.1 through 60.19 apply to you.KEYWORDS: Emissions
CFR40._.1.C.60.IIII.?.4219 [181]Definitions that Apply to this Subpart [incl. DPF] xmlpdfKEYWORDS: Emissions DPF
As used in this subpart, all terms not defined herein shall have the meaning given them in the CAA and in subpart A of this part. {Go to link for definitions.}KEYWORDS: Emissions DPF
CFR40._.1.C.60.IIII.?.Table-1 [182]Emission Standards for Stationary Pre-2007 Model Year Engines (Table 1)xml---KEYWORDS: Emissions
Table 1 to Subpart IIII of Part 60—Emission Standards for Stationary Pre-2007 Model Year Engines With a Displacement of <10 Liters per Cylinder and 2007-2010 Model Year Engines>2,237 KW (3,000 HP) and With a Displacement of <10 Liters per Cylinder.

[As stated in §§60.4201(b), 60.4202(b), 60.4204(a), and 60.4205(a), you must comply with the following emission standards]

{See link for table.}KEYWORDS: Emissions
CFR40._.1.C.60.IIII.?.Table-2 [183]Emission Standards for 2008 Model Year and Later (Table 2)xml---KEYWORDS: Emissions
Table 2 to Subpart IIII of Part 60—Emission Standards for 2008 Model Year and Later Emergency Stationary CI ICE <37 KW (50 HP) With a Displacement of <10 Liters per Cylinder

[As stated in §60.4202(a)(1), you must comply with the following emission standards]

{See link for table.}KEYWORDS: Emissions
CFR40._.1.C.60.IIII.?.Table-5 [184]Labeling and Recordkeeping Requirements for New Stationary Emergency Engines (Table 5)xml---KEYWORDS: Emissions
Table 5 to Subpart IIII of Part 60—Labeling and Recordkeeping Requirements for New Stationary Emergency Engines

[You must comply with the labeling requirements in §60.4210(f) and the recordkeeping requirements in §60.4214(b) for new emergency stationary CI ICE beginning in the following model years:]

{See link for table.}KEYWORDS: Emissions
CFR40._.1.C.64 [185]Complliance Assurance MonitoringxmlpdfKEYWORDS: Emissions Monitoring
KEYWORDS: Emissions Monitoring
CFR40._.1.C.64._._.2 [186]Applicability - Compliance Assurance MonitoringxmlpdfKEYWORDS: Emissions Monitoring Permits
(a) General applicability. Except for backup utility units {units owned by a municipality as indicated below} that are exempt under paragraph (b)(2) of this section {below}, the requirements of this part shall apply to a pollutant-specific emissions unit at a major source that is required to obtain a part 70 or 71 permit if the unit satisfies all of the following criteria:

(1) The unit is subject to an emission limitation or standard for the applicable regulated air pollutant (or a surrogate thereof), other than an emission limitation or standard that is exempt under paragraph (b)(1) of this section;

(2) The unit uses a control device to achieve compliance with any such emission limitation or standard; and

(3) The unit has potential pre-control device emissions of the applicable regulated air pollutant that are equal to or greater than 100 percent of the amount, in tons per year, required for a source to be classified as a major source. For purposes of this paragraph, “potential pre-control device emissions” shall have the same meaning as “potential to emit,” as defined in § 64.1, except that emission reductions achieved by the applicable control device shall not be taken into account.

(b) Exemptions—

(1) Exempt emission limitations or standards. The requirements of this part shall not apply to any of the following emission limitations or standards:
(i) Emission limitations or standards proposed by the Administrator after November 15, 1990 pursuant to section 111 or 112 of the Act.

(ii) Stratospheric ozone protection requirements under title VI of the Act.

(iii) Acid Rain Program requirements pursuant to sections 404, 405, 406, 407(a), 407(b), or 410 of the Act.

(iv) Emission limitations or standards or other applicable requirements that apply solely under an emissions trading program approved or promulgated by the Administrator under the Act that allows for trading emissions within a source or between sources.

(v) An emissions cap that meets the requirements specified in § 70.4(b)(12) or § 71.6(a)(13)(iii) of this chapter.

(vi) Emission limitations or standards for which a part 70 or 71 permit specifies a continuous compliance determination method, as defined in § 64.1. The exemption provided in this paragraph (b)(1)(vi) shall not apply if the applicable compliance method includes an assumed control device emission reduction factor that could be affected by the actual operation and maintenance of the control device (such as a surface coating line controlled by an incinerator for which continuous compliance is determined by calculating emissions on the basis of coating records and an assumed control device efficiency factor based on an initial performance test; in this example, this part would apply to the control device and capture system, but not to the remaining elements of the coating line, such as raw material usage).

(2) Exemption for backup utility power emissions units. The requirements of this part shall not apply to a utility unit, as defined in § 72.2 of this chapter, that is municipally-owned if the owner or operator provides documentation in a part 70 or 71 permit application that:
(i) The utility unit is exempt from all monitoring requirements in part 75 (including the appendices thereto) of this chapter;

(ii) The utility unit is operated for the sole purpose of providing electricity during periods of peak electrical demand or emergency situations and will be operated consistent with that purpose throughout the part 70 or 71 permit term. The owner or operator shall provide historical operating data and relevant contractual obligations to document that this criterion is satisfied; and

(iii) The actual emissions from the utility unit, based on the average annual emissions over the last three calendar years of operation (or such shorter time period that is available for units with fewer than three years of operation) are less than 50 percent of the amount in tons per year required for a source to be classified as a major source and are expected to remain so.

{Bold emphasis added}
KEYWORDS: Emissions Monitoring Permits
CFR40._.1.C.64._._.7 [187]Operation of Approved MonitoringxmlpdfKEYWORDS: Emissions Monitoring
(a) Commencement of operation. The owner or operator shall conduct the monitoring required under this part upon issuance of a part 70 or 71 permit that includes such monitoring, or by such later date specified in the permit pursuant to § 64.6(d).

(b) Proper maintenance. At all times, the owner or operator shall maintain the monitoring, including but not limited to, maintaining necessary parts for routine repairs of the monitoring equipment.

(c) Continued operation. Except for, as applicable, monitoring malfunctions, associated repairs, and required quality assurance or control activities (including, as applicable, calibration checks and required zero and span adjustments), the owner or operator shall conduct all monitoring in continuous operation (or shall collect data at all required intervals) at all times that the pollutant-specific emissions unit is operating. Data recorded during monitoring malfunctions, associated repairs, and required quality assurance or control activities shall not be used for purposes of this part, including data averages and calculations, or fulfilling a minimum data availability requirement, if applicable. The owner or operator shall use all the data collected during all other periods in assessing the operation of the control device and associated control system. A monitoring malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring to provide valid data. Monitoring failures that are caused in part by poor maintenance or careless operation are not malfunctions.

(d) Response to excursions or exceedances.
(1) Upon detecting an excursion or exceedance, the owner or operator shall restore operation of the pollutant-specific emissions unit (including the control device and associated capture system) to its normal or usual manner of operation as expeditiously as practicable in accordance with good air pollution control practices for minimizing emissions. The response shall include minimizing the period of any startup, shutdown or malfunction and taking any necessary corrective actions to restore normal operation and prevent the likely recurrence of the cause of an excursion or exceedance (other than those caused by excused startup or shutdown conditions). Such actions may include initial inspection and evaluation, recording that operations returned to normal without operator action (such as through response by a computerized distribution control system), or any necessary follow-up actions to return operation to within the indicator range, designated condition, or below the applicable emission limitation or standard, as applicable.

(2) Determination of whether the owner or operator has used acceptable procedures in response to an excursion or exceedance will be based on information available, which may include but is not limited to, monitoring results, review of operation and maintenance procedures and records, and inspection of the control device, associated capture system, and the process.

(e) Documentation of need for improved monitoring. After approval of monitoring under this part, if the owner or operator identifies a failure to achieve compliance with an emission limitation or standard for which the approved monitoring did not provide an indication of an excursion or exceedance while providing valid data, or the results of compliance or performance testing document a need to modify the existing indicator ranges or designated conditions, the owner or operator shall promptly notify the permitting authority and, if necessary, submit a proposed modification to the part 70 or 71 permit to address the necessary monitoring changes. Such a modification may include, but is not limited to, reestablishing indicator ranges or designated conditions, modifying the frequency of conducting monitoring and collecting data, or the monitoring of additional parameters.KEYWORDS: Emissions Monitoring
CFR40._.1.C.69 [188]Part 69: Special Exemptions from Clean Air Act xmlpdfKEYWORDS: Emissions
{Links to this Section are provided because it is referenced by other parts of the CFR.}KEYWORDS: Emissions
CFR40._.1.C.70 [189]Part 70: State Operating Permit ProgramsxmlpdfKEYWORDS: Emissions Permits
The regulations in this part provide for the establishment of comprehensive State air quality permitting systems consistent with the requirements of title V of the Clean Air Act (Act) (42 U.S.C. 7401, et seq.). These regulations define the minimum elements required by the Act for State operating permit programs and the corresponding standards and procedures by which the Administrator will approve, oversee, and withdraw approval of State operating permit programs.KEYWORDS: Emissions Permits
CFR40._.1.C.70._._.3 [190]Applicability - Operating PermitxmlpdfKEYWORDS: Emissions Permits
(a) Part 70 sources. A State program with whole or partial approval under this part must provide for permitting of the following sources:

(1) Any major source;

(2) Any source, including an area source, subject to a standard, limitation, or other requirement under section 111 of the Act;

(3) Any source, including an area source, subject to a standard or other requirement under section 112 of the Act, except that a source is not required to obtain a permit solely because it is subject to regulations or requirements under section 112(r) of this Act;

(4) Any affected source; and

(5) Any source in a source category designated by the Administrator pursuant to this section.

(b) Source category exemptions.

(1) All sources listed in paragraph (a) of this section that are not major sources, affected sources, or solid waste incineration units required to obtain a permit pursuant to section 129(e) of the Act, may be exempted by the State from the obligation to obtain a part 70 permit until such time as the Administrator completes a rulemaking to determine how the program should be structured for nonmajor sources and the appropriateness of any permanent exemptions in addition to those provided for in paragraph (b)(4) of this section.

(2) In the case of nonmajor sources subject to a standard or other requirement under either section 111 or section 112 of the Act after July 21, 1992 publication, the Administrator will determine whether to exempt any or all such applicable sources from the requirement to obtain a part 70 permit at the time that the new standard is promulgated.

(3) [Reserved]

(4) The following source categories are exempted from the obligation to obtain a part 70 permit:
(i) All sources and source categories that would be required to obtain a permit solely because they are subject to part 60, subpart AAA—Standards of Performance for New Residential Wood Heaters; and

(ii) All sources and source categories that would be required to obtain a permit solely because they are subject to part 61, subpart M—National Emission Standard for Hazardous Air Pollutants for Asbestos, § 61.145, Standard for Demolition and Renovation.
(c) Emissions units and part 70 sources.

(1) For major sources, the permitting authority shall include in the permit all applicable requirements for all relevant emissions units in the major source.

(2) For any nonmajor source subject to the part 70 program under paragraph (a) or (b) of this section, the permitting authority shall include in the permit all applicable requirements applicable to emissions units that cause the source to be subject to the part 70 program.

(d) Fugitive emissions. Fugitive emissions from a part 70 source shall be included in the permit application and the part 70 permit in the same manner as stack emissions, regardless of whether the source category in question is included in the list of sources contained in the definition of major source.

[57 FR 32295, July 21, 1992, as amended at 70 FR 75346, Dec. 19, 2005]KEYWORDS: Emissions Permits
CFR40._.1.C.70._._.3.(c - d) [191]Permit -Agency Shall Include Emissions RequirementsxmlpdfKEYWORDS: Emissions Permits
(c) Emissions units and part 70 sources.

(1) For major sources, the permitting authority shall include in the permit all applicable requirements for all relevant emissions units in the major source.

(2) For any nonmajor source subject to the part 70 program under paragraph (a) or (b) of this section, the permitting authority shall include in the permit all applicable requirements applicable to emissions units that cause the source to be subject to the part 70 program.

(d) Fugitive emissions. Fugitive emissions from a part 70 source shall be included in the permit application and the part 70 permit in the same manner as stack emissions, regardless of whether the source category in question is included in the list of sources contained in the definition of major source.

[57 FR 32295, July 21, 1992, as amended at 70 FR 75346, Dec. 19, 2005]KEYWORDS: Emissions Permits
CFR40._.1.C.71.A [192]Permit- Operating PermitsxmlpdfKEYWORDS: Emissions Permits
This part sets forth the comprehensive Federal air quality operating permits permitting program consistent with the requirements of title V of the Act (42 U.S.C. 7401 et seq.) and defines the requirements and the corresponding standards and procedures by which the Administrator will issue operating permits.KEYWORDS: Emissions Permits
CFR40._.1.C.71.A._.6 [193]Permit - ContentxmlpdfKEYWORDS: Emissions Permits
{See link for details.}KEYWORDS: Emissions Permits
CFR40._.1.C.72.A [194]Acid RainxmlpdfKEYWORDS: Emissions
The purpose of this part is to establish certain general provisions and the operating permit program requirements for affected sources and affected units under the Acid Rain Program, pursuant to title IV of the Clean Air Act, 42 U.S.C. 7401, et seq., as amended by Public Law 101-549 (November 15, 1990).KEYWORDS: Emissions
CFR40._.1.C.72.A._.2 [195]Unit  (definition)xmlpdfKEYWORDS: Emissions
Unit means a fossil fuel-fired combustion device.KEYWORDS: Emissions
CFR40._.1.C.72.A._.2 [196]Utility  (definition)xmlpdfKEYWORDS: Emissions
Utility means any person that sells electricity.KEYWORDS: Emissions
CFR40._.1.C.72.A._.2 [197]Utility Unit  (definition)xmlpdfKEYWORDS: Emissions
Utility Unit means a unit owned or operated by a utility:KEYWORDS: Emissions
CFR40._.1.C.72.A._.6.(b) [198]Non-Utility Units Not Subject to Acid Rain RegulationsxmlpdfKEYWORDS: Emissions
(b) The following types of units are not affected units subject to the requirements of the Acid Rain Program: . . .

(8) A non-utility unit. KEYWORDS: Emissions
CFR40._.1.C.75 [199]Part 75: Continuous Emissions Monitoring (Reg)xmlpdfKEYWORDS: Emissions
The purpose of this part is to establish requirements for the monitoring, recordkeeping, and reporting of sulfur dioxide (SO2), nitrogen oxides (NOX), and carbon dioxide (CO2) emissions, volumetric flow, and opacity data from affected units under the Acid Rain Program pursuant to sections 412 and 821 of the CAA, 42 U.S.C. 7401-7671q as amended by Public Law 101-549 (November 15, 1990) [the Act]. In addition, this part sets forth provisions for the monitoring, recordkeeping, and reporting of NOX mass emissions with which EPA, individual States, or groups of States may require sources to comply in order to demonstrate compliance with a NOX mass emission reduction program, to the extent these provisions are adopted as requirements under such a program.KEYWORDS: Emissions
CFR40._.1.C.75.A._.2 [200]Applicability- Continuous Emissions Monitoring (Reg)xmlpdfKEYWORDS: Emissions
(a) Except as provided in paragraphs (b) and (c) of this section, the provisions of this part apply to each affected unit subject to Acid Rain emission limitations or reduction requirements for SO2 or NOx.

(b) The provisions of this part do not apply to:

(1) A new unit for which a written exemption has been issued under § 72.7 of this chapter (any new unit that serves one or more generators with total nameplate capacity of 25 MWe or less and burns only fuels with a sulfur content of 0.05 percent or less by weight may apply to the Administrator for an exemption); or

(2) Any unit not subject to the requirements of the Acid Rain Program due to operation of any paragraph of § 72.6(b) of this chapter; or

(3) An affected unit for which a written exemption has been issued under § 72.8 of this chapter and an exception granted under § 75.67 of this part.

(c) The provisions of this part apply to sources subject to a State or federal NOX mass emission reduction program, to the extent these provisions are adopted as requirements under such a program.

[58 FR 3701, Jan. 11, 1993, as amended at 58 FR 15716, Mar. 23, 1993; 60 FR 26516, May 17, 1995; 63 FR 57499, Oct. 27, 1998; 70 FR 28678, May 18, 2005; 76 FR 17306, Mar. 28, 2011] KEYWORDS: Emissions
CFR40._.1.C.80 [201]Part 80: Regulations of Fuels & Fuel AdditivesxmlpdfKEYWORDS: Emissions Fuel/Oil
KEYWORDS: Emissions Fuel/Oil
CFR40._.1.C.80.I.?.2.(x) [202]Diesel Fuel  (definition)xmlpdfKEYWORDS: Emissions
Diesel Fuel means any fuel sold in any State or Territory of the United States and suitable for use in diesel engines, and that is—

(1) A distillate fuel commonly or commercially known or sold as No. 1 diesel fuel or No. 2 diesel fuel;
(2) A non-distillate fuel other than residual fuel with comparable physical and chemical properties (e.g., biodiesel fuel); or
(3) A mixture of fuels meeting the criteria of paragraphs (1) and (2) of this definition.
KEYWORDS: Emissions
CFR40._.1.C.80.I.?.2.(xx) [203]Diesel Fuel Additive  (definition)xmlpdfKEYWORDS: Emissions
Diesel Fuel Additive means any substance not composed solely of carbon and/or hydrogen, or of diesel blendstocks, that is added to, intended to be added to, used in, or offered for use in motor vehicle diesel fuel or NRLM diesel fuel or in diesel motor vehicle or diesel NRLM engine fuel systems subsequent to the production of diesel fuel by processing crude oil from refinery processing units.KEYWORDS: Emissions
CFR40._.1.C.80.I.?.2.(nnn) [204]NonRoad, Locomotive, or Marine (NRLM) diesel fuel  (definition)xmlpdfKEYWORDS: Emissions
Nonroad, Locomotive, or Marine (NRLM) Diesel Fuel means any diesel fuel or other distillate fuel that is used, intended for use, or made available for use, as a fuel in any nonroad diesel engines, including locomotive and marine diesel engines, except the following: Distillate fuel with a T90 at or above 700 °F that is used only in Category 2 and 3 marine engines is not NRLM diesel fuel, and ECA marine fuel is not NRLM diesel fuel (note that fuel that conforms to the requirements of NRLM diesel fuel is excluded from the definition of "ECA marine fuel" in this section without regard to its actual use). Use the distillation test method specified in 40 CFR 1065.1010 to determine the T90 of the fuel. NR diesel fuel and LM diesel fuel are subcategories of NRLM diesel fuel.

(1) Any diesel fuel that is sold for use in stationary engines that are required to meet the requirements of § 80.510(a) and/or (b), when such provisions are applicable to nonroad engines, shall be considered NRLM diesel fuel.

(2) [Reserved]
KEYWORDS: Emissions
CFR40._.1.C.80.I.?.2.(nnn)(1) [205]Diesel Fuel Sold for Stationary Engines  (definition)xmlpdfKEYWORDS: Emissions
Any diesel fuel that is sold for use in stationary engines that are required to meet the requirements of § 80.510(a) and/or (b), when such provisions are applicable to nonroad engines, shall be considered NRLM diesel fuel.KEYWORDS: Emissions
CFR40._.1.C.80.I.?.2.(ooo) [206]Nonroad (NR) Diesel Fuel  (definition)xmlpdfKEYWORDS: Emissions
Nonroad (NR) Diesel Fuel means any NRLM diesel fuel that is not locomotive or marine (LM) diesel fuel.KEYWORDS: Emissions
CFR40._.1.C.80.I.?.510.(a) [207]Marker Requirements for NRLM Diesel Fuel and ECA Marine FuelxmlpdfKEYWORDS: Emissions Fuel/Oil Markings
(a) Beginning June 1, 2007. Except as otherwise specifically provided in this subpart, all NRLM diesel fuel is subject to the following per-gallon standards: {See link.}KEYWORDS: Emissions Fuel/Oil Markings
CFR40._.1.C.80.I.?.613 [208]Violation of a Prohibited Act Under This SubpartxmlpdfKEYWORDS: Emissions Fuel/Oil
What defenses apply to persons deemed liable for a violation of a prohibited act under this subpart? {See link.}KEYWORDS: Emissions Fuel/Oil
CFR40._.1.C.89 [209]Part 89: Nonroad Engines (Includes Stationary & Mobile Gensets)xmlpdfKEYWORDS: Emissions Engines
KEYWORDS: Emissions Engines
CFR40._.1.C.89.A [210]GeneralxmlpdfKEYWORDS: Emissions
This part applies for all compression-ignition nonroad engines (see definition of "nonroad engine" in § 89.2) except those specified in paragraph (b) of this section. KEYWORDS: Emissions
CFR40._.1.C.89.A._.1 [211]Applicability - General Emissions Control RequirementsxmlpdfKEYWORDS: Emissions
(a)This part applies for all compression-ignition nonroad engines, (see definition of “nonroad engine” in § 89.2) except those specified in paragraph (b) of this section. This means that the engines for which this part applies include but are not limited to the following:

(1) Compression-ignition engines exempted from the requirements of 40 CFR Part 92 by 40 CFR 92.907;

(2) Compression-ignition engines exempted from the requirements of 40 CFR Part 94 by 40 CFR 94.907;

(3) Portable compression-ignition engines that are used in but not installed in marine vessels (as defined in the General Provisions of the United States Code, 1 U.S.C. 3);

(4) Non-propulsion compression-ignition engines used in locomotives; and

(5) Compression-ignition marine engines with rated power under 37 kW.
(b)
(1) Aircraft engines. This part does not apply for engines used in aircraft (as defined in 40 CFR 87.1).

(2) Mining engines. This part does not apply for engines used in underground mining equipment and regulated by the Mining Safety and Health Administration (MSHA) in 30 CFR parts 7, 31, 32, 36, 56, 57, 70, and 75.

(3) Locomotive engines. This part does not apply for engines that:
(i) Are subject to the standards of 40 CFR part 92; or

(ii) Are exempted from the requirements of 40 CFR part 92 by exemption provisions of 40 CFR part 92 other than those specified in 40 CFR 92.907.
(4) Marine engines. This part does not apply for engines that:
(i) Are subject to the standards of 40 CFR part 94;

(ii) Are exempted from the requirements of 40 CFR part 94 by exemption provisions of 40 CFR part 94 other than those specified in 40 CFR 94.907 or 94.912.

(iii) Are marine engines (as defined in 40 CFR part 94) with rated power at or above 37kW that are manufactured in calendar years in which the standards of 40 CFR part 94 are not yet applicable.

(5) Hobby engines. This part does not apply for engines installed in reduced-scale models of vehicles that are not capable of transporting a person.

(6) Tier 4 engines. This part does not apply to engines that are subject to emission standards under 40 CFR part 1039. See 40 CFR 1039.1 to determine when that part 1039 applies. Note that certain requirements and prohibitions apply to engines built on or after January 1, 2006 if they are installed in stationary applications or in equipment that will be used solely for competition, as described in 40 CFR 1039.1 and 40 CFR 1068.1; those provisions apply instead of the provisions of this part 89.

(c) In certain cases, the regulations in this part 89 apply to engines at or above 250 kW that would otherwise be covered by 40 CFR part 1048 [spark-ignition engines]. See 40 CFR 1048.620 for provisions related to this allowance.

(d) This part applies as specified in 40 CFR part 60 subpart IIII, to compression-ignition engines subject to the standards of 40 CFR part 60, subpart IIII.
KEYWORDS: Emissions
CFR40._.1.C.89.A._.2 [212]Definitions - Nonroad EnginesxmlpdfKEYWORDS: Emissions
{See links.}KEYWORDS: Emissions
CFR40._.1.C.89.A._.2 [213]Auxiliary Emission Control Device (AECD)  (definition)xmlpdfKEYWORDS: Emissions Definitions
Auxiliary emission control device(AECD) means any element of design that senses temperature, vehicle speed, engine RPM, transmission gear, or any other parameter for the purpose of activating, modulating, delaying, or deactivating the operation of any part of the emission control system.KEYWORDS: Emissions Definitions
CFR40._.1.C.89.A._.2 [214]Compression-ignition  (definition)xmlpdfKEYWORDS: Emissions Definitions
Compression-ignition means relating to a type of reciprocating, internal combustion engine that is not a spark ignition engine. KEYWORDS: Emissions Definitions
CFR40._.1.C.89.A._.2 [215]Constant-speed engine  (definition)xmlpdfKEYWORDS: Emissions Definitions
Constant-speed engine means an engine that is governed to operate only at rated speed. KEYWORDS: Emissions Definitions
CFR40._.1.C.89.A._.2 [216]Crankcase emissions  (definition)xmlpdfKEYWORDS: Emissions Definitions
Crankcase emissions means airborne substances emitted to the atmosphere from any portion of the engine crankcase ventilation or lubrication systems. KEYWORDS: Emissions Definitions
CFR40._.1.C.89.A._.2 [217]Emission control system  (definition)xmlpdfKEYWORDS: Emissions Definitions
Emission control system means any device, system, or element of design which controls or reduces the emission of substances from an engine.KEYWORDS: Emissions Definitions
CFR40._.1.C.89.A._.2 [218]Engine  (definition)xmlpdfKEYWORDS: Emissions Definitions
Engine, as used in this part, refers to nonroad engine.KEYWORDS: Emissions Definitions
CFR40._.1.C.89.A._.2 [219]Engine manufacturer  (definition)xmlpdfKEYWORDS: Emissions Definitions
Engine manufacturer means any person engaged in the manufacturing or assembling of new nonroad engines or importing such engines for resale, or who acts for and is under the control of any such person in connection with the distribution of such engines. Engine manufacturer does not include any dealer with respect to new nonroad engines received by such person in commerce.KEYWORDS: Emissions Definitions
CFR40._.1.C.89.A._.2 [220]EPA enforcement officer  (definition)xmlpdfKEYWORDS: Emissions Definitions
EPA enforcement officer means any officer or employee of the Environmental Protection Agency so designated in writing by the Administrator (or by his or her designee).KEYWORDS: Emissions Definitions
CFR40._.1.C.89.A._.2 [221]Exhaust gas recirculation  (definition)xmlpdfKEYWORDS: Emissions Definitions
Exhaust gas recirculationmeans an emission control technology that reduces emissions by routing exhaust gases that had been exhausted from the combustion chamber(s) back into the engine to be mixed with incoming air prior to or during combustion. The use of valve timing to increase the amount of residual exhaust gas in the combustion chamber(s) that is mixed with incoming air prior to or during combustion is not considered to be exhaust gas recirculation for the purposes of this part.KEYWORDS: Emissions Definitions
CFR40._.1.C.89.A._.2 [222]Family Emission Limit (FEL)  (definition)xmlpdfKEYWORDS: Emissions Definitions
Family emission limit (FEL) means an emission level that is declared by them manufacturer to serve in lieu of an emission standard for certification purposes and for the averaging, banking, and trading program. A FEL must be expressed to the same number of decimal places as the applicable emission standard.KEYWORDS: Emissions Definitions
CFR40._.1.C.89.A._.2 [223]Full Load Governed Speed  (definition)xmlpdfKEYWORDS: Emissions Definitions
Full load governed speed is the maximum full load speed as specified by the manufacturer in the sales and service literature and certification application. This speed is the highest engine speed with an advertised power greater than zero.KEYWORDS: Emissions Definitions
CFR40._.1.C.89.A._.2 [224]Gross Power  (definition)xmlpdfKEYWORDS: Emissions Definitions
Gross power means the power measured at the crankshaft or its equivalent, the engine being equipped only with the standard accessories (such as oil pumps, coolant pumps, and so forth)necessary for its operation on the test bed. Alternators must be used, if necessary, to run the engine. Fans, air conditioners, and other accessories may be used at the discretion of the manufacturer, but no power adjustments for these accessories may be made.KEYWORDS: Emissions Definitions
CFR40._.1.C.89.A._.2 [225]Identification Number  (definition)xmlpdfKEYWORDS: Emissions Definitions
Identification number means a specification (for example, model number/ serial number combination) which allows a particular nonroad engine to be distinguished from other similar engines.KEYWORDS: Emissions Definitions
CFR40._.1.C.89.A._.2 [226]Intermediate Speed  (definition)xmlpdfKEYWORDS: Emissions Definitions
Intermediate speed means peak torque speed if peak torque speed occurs from 60 to 75 percent of rated speed. If peak torque speed is less than 60 percent of rated speed, intermediate speed means 60 percent of rated speed. If peak torque speed is greater than 75 percent of rated speed, intermediate speed means 75 percent of rated speed.KEYWORDS: Emissions Definitions
CFR40._.1.C.89.A._.2 [227]New  (definition)xmlpdfKEYWORDS: Emissions Definitions
New for purposes of this part, means a nonroad engine, nonroad vehicle, or nonroad equipment the equitable or legal title to which has never been transferred to an ultimate purchaser. Where the equitable or legal title to the engine, vehicle, or equipment is not transferred to an ultimate purchaser until after the engine, vehicle, or equipment is placed into service, then the engine, vehicle, or equipment will no longer be new after it is placed into service. A nonroad engine, vehicle, or equipment is placed into service when it is used for its functional purposes. With respect to imported nonroad engines, nonroad vehicles, or nonroad equipment, the term new means an engine, vehicle, or piece of equipment that is not covered by a certificate of conformity issued under this part at the time of importation, and that is manufactured after the effective date of a regulation issued under this part which is applicable to such engine, vehicle, or equipment (or which would be applicable to such engine, vehicle, or equipment had it been manufactured for importation into the United States).KEYWORDS: Emissions Definitions
CFR40._.1.C.89.A._.2 [228]Nonroad Engine  (definition)xmlpdfKEYWORDS: Emissions Definitions
Nonroad engine means:

(1) Except as discussed in paragraph (2) of this definition, a nonroad engine is any internal combustion engine:
(i) In or on a piece of equipment that is self-propelled or serves a dual purpose by both propelling itself and performing another function (such as garden tractors, off-highway mobile cranes and bulldozers); or

(ii) In or on a piece of equipment that is intended to be propelled while performing its function (such as lawnmowers and string trimmers); or

(iii) That, by itself or in or on a piece of equipment, is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Indicia of transportability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform.

(2) An internal combustion engine is not a nonroad engine if:

(i) the engine is used to propel a motor vehicle or a vehicle used solely for competition, or is subject to standards promulgated under section 202 of the Act; or

(ii) the engine is regulated by a federal New Source Performance Standard promulgated under section 111 of the Act; or

(iii) the engine otherwise included in paragraph (1)(iii) of this definition remains or will remain at a location for more than 12 consecutive months or a shorter period of time for an engine located at a seasonal source. A location is any single site at a building, structure, facility, or installation. Any engine (or engines) that replaces an engine at a location and that is intended to perform the same or similar function as the engine replaced will be included in calculating the consecutive time period. An engine located at a seasonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. A seasonal source is a stationary source that remains in a single location on a permanent basis (i.e., at least two years) and that operates at that single location approximately three months (or more) each year. This paragraph does not apply to an engine after the engine is removed from the location.
KEYWORDS: Emissions Definitions
CFR40._.1.C.89.A._.2 [229]Nonroad Equipment  (definition)xmlpdfKEYWORDS: Emissions Definitions
Nonroad Equipment means equipment that is powered by nonroad engines.KEYWORDS: Emissions Definitions
CFR40._.1.C.89.A._.2 [230]Nonroad Vehicle  (definition)xmlpdfKEYWORDS: Emissions Definitions
Nonroad Vehicle means a vehicle that is powered by a nonroad engine as defined in this section and that is not a motor vehicle or a vehicle used solely for competition.KEYWORDS: Emissions Definitions
CFR40._.1.C.89.A._.2 [231]Nonroad Vehicle or Equipment Manufacturer  (definition)xmlpdfKEYWORDS: Emissions Definitions
Nonroad Vehicle or Nonroad Equipment Manufacturer means any person engaged in the manufacturing or assembling of new nonroad vehicles or equipment or importing such vehicles or equipment for resale, or who acts for and is under the control of any such person in connection with the distribution of such vehicles or equipment. A nonroad vehicle or equipment manufacturer does not include any dealer with respect to new nonroad vehicles or equipment received by such person in commerce. A nonroad vehicle or equipment manufacturer does not include any person engaged in the manufacturing or assembling of new nonroad vehicles or equipment who does not install an engine as part of that manufacturing or assembling process. All nonroad vehicle or equipment manufacturing entities that are under the control of the same person are considered to be a single nonroad vehicle or nonroad equipment manufacturer.KEYWORDS: Emissions Definitions
CFR40._.1.C.89.A._.2 [232]Opacity  (definition)xmlpdfKEYWORDS: Emissions Definitions
Opacity means the fraction of a beam of light, expressed in percent, which fails to penetrate a plume of smoke.KEYWORDS: Emissions Definitions
CFR40._.1.C.89.A._.2 [233]Operating hours (business operations)  (definition)xmlpdfKEYWORDS: Emissions Definitions
Operating Hours means: (1) For engine storage areas or facilities, all times during which personnel other than custodial personnel are at work in the vicinity of the storage area or facility and have access to it. (2) For all other areas or facilities, all times during which an assembly line is in operation or all times during which testing, maintenance, service accumulation, production or compilation of records, or any other procedure or activity related to certification testing, to translation of designs from the test stage to the production stage, or to engine manufacture or assembly is being carried out in a facility.KEYWORDS: Emissions Definitions
CFR40._.1.C.89.A._.2 [234]Spark-ignition  (definition)xmlpdfKEYWORDS: Emissions Definitions
Spark-ignition means relating to a gasoline-fueled engine or other engines with a spark plug (or other sparking device) and with operating characteristics significantly similar to the theoretical Otto combustion cycle. Spark ignition engines usually use a throttle to regulate intake air flow to control power during normal operation.KEYWORDS: Emissions Definitions
CFR40._.1.C.89.A._.2 [235]Specific emissions  (definition)xmlpdfKEYWORDS: Emissions Definitions
Specific Emissions means emissions expressed on the basis of observed brake power, using units of g/kW-hr. Observed brake power measurement includes accessories on the engine if these accessories are required for running an emission test (except for the cooling fan). When it is not possible to test the engine in the gross conditions, for example, if the engine and transmission form a single integral unit, the engine may be tested in the net condition. Power corrections from net to gross conditions will be allowed with prior approval of the Administrator.KEYWORDS: Emissions Definitions
CFR40._.1.C.89.A._.2 [236]Sulfur-sensitive technology  (definition)xmlpdfKEYWORDS: Emissions Definitions Monitoring
Sulfur-sensitive Technology means an emission-control technology that experiences a significant drop in emission control performance or emission-system durability when an engine is operated on low-sulfur fuel (i.e., fuel with a sulfur concentration up to 500 ppm) as compared to when it is operated on ultra low-sulfur fuel (i.e., fuel with a sulfur concentration less than 15 ppm). Exhaust-gas recirculation is not a sulfur- sensitive technology.KEYWORDS: Emissions Definitions Monitoring
CFR40._.1.C.89.A._.2 [237]Tier 1 engine  (definition)xmlpdfKEYWORDS: Emissions Definitions
Tier 1 engine means an engine subject to the Tier 1 emission standards listed in § 89.112(a).    {§ 89.112(a) states"Exhaust emission from nonroad engines to which this subpart is applicable shall not exceed the applicable exhaust emission standards contained in Table 1, as follows:
KEYWORDS: Emissions Definitions
CFR40._.1.C.89.A._.2 [238]Tier 2 engine  (definition)xmlpdfKEYWORDS: Emissions Definitions
Tier 2 engine means an engine subject to the Tier 2 emission standards listed in § 89.112(a).    {§ 89.112(a) states"Exhaust emission from nonroad engines to which this subpart is applicable shall not exceed the applicable exhaust emission standards contained in Table 1, as follows:
KEYWORDS: Emissions Definitions
CFR40._.1.C.89.A._.2 [239]Tier 3 engine  (definition)xmlpdfKEYWORDS: Emissions Definitions
Tier 3 engine means an engine subject to the Tier 3 emission standards listed in § 89.112(a).    {§ 89.112(a) states"Exhaust emission from nonroad engines to which this subpart is applicable shall not exceed the applicable exhaust emission standards contained in Table 1, as follows:
KEYWORDS: Emissions Definitions
CFRSame as CFR 40._.1.U.1039 [240]Tier 4 engine  (definition)xmlpdfKEYWORDS: Emissions
To meet these Tier 4 emission standards, engine manufacturers will produce new engines with advanced emission control technologies similar to those already expected for highway trucks and buses. Exhaust emissions from these engines will decrease by more than 90 percent. Because the emission control devices can be damaged by sulfur, we have also adopted requirements for in-use diesel fuel to decrease sulfur levels by more than 99 percent. The resulting Ultra Low Sulfur Diesel Fuel has a maximum sulfur concentration of 15 parts per million. {Ref. EPA Nonroad Diesel Engines}

{CFR 40._.1.U.1039 is the Tier 4 engine regulation. The 2014 version of the Tier table provided under Tiers 1 through 3 above is provided at EPA's Nonroad Compression-Ignition Engines -- Exhaust Emission Standards and includes Tier 4.}KEYWORDS: Emissions
CFR40._.1.C.89.A._.2 [241]Acronyms & Abbreviations  (definition)xmlpdfKEYWORDS: Emissions Acronyms & Abbreviations Definitions
The following acronyms and abbreviations apply to Part 89:
AECD
ASME
ASTM
CAA
CAAA
CI
CO
CO2
EGR
EPA
FEL
FTP
g/kW-hr
HC
ICI
kW
NIST
NMHC
NTIS
NO
NO2
NOX
O2
OEM
PM
SAE
SEA
SI
THC
U.S.C.
VOC
 -   
 - 
 - 
 - 
 - 
 - 
 - 
 - 
 - 
 - 
 - 
 - 
 - 
 - 
 - 
 - 
 - 
 - 
 - 
 - 
 - 
 - 
 - 
 - 
 - 
 - 
 - 
 - 
 - 
 - 
 - 
Auxiliary Emission Control Device
American Society of Mechanical Engineers
American Society for Testing and Materials
Clean Air Act
Clean Air Act Amendments of 1990
Compression-ignition
Carbon Monoxide
Carbon Dioxide
Exhaust Gas Recirculation
Environmental Protection Agency
Family Emission Limit
Federal Test Procedure
Grams perKilowatt Hour
Hydrocarbons
Independent Commercial Importer
Kilowatt
National Institute for Standards and Testing
Nonmethane hydrocarbon
National Technical Information Service
Nitric oxide
Nitrogen Dioxide
Oxides of Nitrogen
Oxygen
Original Equipment Manufacturer
Particulate Matter
Society of Automotive Engineers
Selective Enforcement Auditing
Spark-ignition
Total HydroCarbon
United States Code
Volatile Organic Compounds
KEYWORDS: Emissions Acronyms & Abbreviations Definitions
CFR40._.1.C.89.B._ [242]Emission Standards & Certification Provisions------KEYWORDS: Emissions
SubPart B provides the Regulation of Nonroad Internal Combustion Engines: Emission Standards and Certification Provisions. Included are the Maintenance Instructions and Minimum Allowable Maintenance Intervals.KEYWORDS: Emissions
CFR40._.1.C.89.B._.109 [243]Maintenance Inst. & Min Allowable Maintenance Intervals------KEYWORDS: Emissions Maintenance
(a) The manufacturer must furnish or cause to be furnished to the ultimate purchaser of each new nonroad engine subject to standards under this part written instructions for the maintenance needed to ensure proper functioning of the emission control system. Paragraphs (b) through (h) of this section do not apply to Tier 1 engines with rated power at or above 37 kW.

(b) Maintenance performed on equipment, engines, subsystems or components used to determine exhaust emission deterioration factors is classified as either emission-related or nonemission-related and each of these can be classified as either scheduled or unscheduled. Further, some emission-related maintenance is also classified as critical emission-related maintenance.

(c) This paragraph (c) specifies emission-related scheduled maintenance for purposes of obtaining durability data for nonroad engines. The maintenance intervals specified below are minimum intervals:

(1) All emission-related scheduled maintenance for purposes of obtaining durability data must occur at the same or longer hours of use intervals as those specified in the manufacturer's maintenance instructions furnished to the ultimate purchaser of the engine under paragraph (a) of this section. This maintenance schedule may be updated as necessary throughout the testing of the engine, provided that no maintenance operation is deleted from the maintenance schedule after the operation has been performed on the test equipment or engine.

(2) Any emission-related maintenance which is performed on equipment, engines, subsystems, or components must be technologically necessary to ensure in-use compliance with the emission standards. The manufacturer must submit data which demonstrate to the Administrator that all of the emission-related scheduled maintenance which is to be performed is technologically necessary. Scheduled maintenance must be approved by the Administrator prior to being performed or being included in the maintenance instructions provided to the purchasers under paragraph (a) of this section.
(i) The Administrator may require longer maintenance intervals than those listed in paragraphs (c)(3) and (c)(4) of this section where the listed intervals are not technologically necessary.

(ii) The Administrator may allow manufacturers to specify shorter maintenance intervals than those listed in paragraphs (c)(3) and (c)(4) of this section where technologically necessary for engines rated under 19 kW, or for constant speed engines rated under 37 kW with rated speeds greater than or equal to 3,000 rpm.(3) The adjustment, cleaning, repair, or replacement of items listed in paragraphs (c)(3)(i) through (c)(3)(iii) of this section shall occur at 1,500 hours of use and at 1,500-hour intervals thereafter.(i) Exhaust gas recirculation system-related filters and coolers.(ii) Positive crankcase ventilation valve.

(iii) Fuel injector tips (cleaning only).
(4) The adjustment, cleaning and repair of items in paragraphs (c)(4)(i) through (c)(4)(vii) of this section shall occur at 3,000 hours of use and at 3,000-hour intervals thereafter for nonroad compression-ignition engines rated under 130 kW, or at 4,500-hour intervals thereafter for nonroad compression-ignition engines rated at or above 130 kW.
(i) Fuel injectors.

(ii) Turbocharger.

(iii) Electronic engine control unit and its associated sensors and actuators.

(iv) Particulate trap or trap-oxidizer system (including related components).

(v) Exhaust gas recirculation system (including all related control valves and tubing) except as otherwise provided in paragraph (c)(3)(i) of this section.

(vi) Catalytic convertor.

(vii) Any other add-on emission-related component (i.e., a component whose sole or primary purpose is to reduce emissions or whose failure will significantly degrade emission control and whose function is not integral to the design and performance of the engine).
(d) Scheduled maintenance not related to emissions which is reasonable and technologically necessary (e.g., oil change, oil filter change, fuel filter change, air filter change, cooling system maintenance, adjustment of idle speed, governor, engine bolt torque, valve lash, injector lash, timing, lubrication of the exhaust manifold heat control valve, etc.) may be performed on durability vehicles at the least frequent intervals recommended by the manufacturer to the ultimate purchaser, (e.g., not the intervals recommended for severe service).

(e) Adjustment of engine idle speed on emission data engines may be performed once before the low-hour emission test point. Any other engine, emission control system, or fuel system adjustment, repair, removal, disassembly, cleaning, or replacement on emission data vehicles shall be performed only with advance approval of the Administrator.

(f) Equipment, instruments, or tools may not be used to identify malfunctioning, maladjusted, or defective engine components unless the same or equivalent equipment, instruments, or tools will be available to dealerships and other service outlets and:
(1) Are used in conjunction with scheduled maintenance on such components; or

(2) Are used subsequent to the identification of a vehicle or engine malfunction, as provided in paragraph (e) of this section for emission data engines; or

(3) Specifically authorized by the Administrator.

(g) All test data, maintenance reports, and required engineering reports shall be compiled and provided to the Administrator in accordance with § 89.124.

(h)
(1) The components listed in paragraphs (h)(1)(i) through (h)(1)(vi) of this section are defined as critical emission-related components.
(i) Catalytic converter.

(ii) Electronic engine control unit and its associated sensors and actuators.(iii) Exhaust gas recirculation system (including all related filters, coolers, control valves, and tubing).

(iv) Positive crankcase ventilation valve.

(v) Particulate trap or trap-oxidizer system.

(vi) Any other add-on emission-related component (i.e., a component whose sole or primary purpose is to reduce emissions or whose failure will significantly degrade emission control and whose function is not integral to the design and performance of the engine).

(2) All critical emission-related scheduled maintenance must have a reasonable likelihood of being performed in use. The manufacturer must show the reasonable likelihood of such maintenance being performed in-use. Critical emission-related scheduled maintenance items which satisfy one of the conditions defined in paragraphs (h)(2)(i) through (h)(2)(vi) of this section will be accepted as having a reasonable likelihood of being performed in use.
(i) Data are presented which establish for the Administrator a connection between emissions and vehicle performance such that as emissions increase due to lack of maintenance, vehicle performance will simultaneously deteriorate to a point unacceptable for typical operation. <

(ii) Survey data are submitted which adequately demonstrate to the Administrator with an 80 percent confidence level that 80 percent of such engines already have this critical maintenance item performed in-use at the recommended interval(s).

(iii) A clearly displayed visible signal system approved by the Administrator is installed to alert the equipment operator that maintenance is due. A signal bearing the message “maintenance needed” or “check engine,” or a similar message approved by the Administrator, shall be actuated at the appropriate usage point or by component failure. This signal must be continuous while the engine is in operation and not be easily eliminated without performance of the required maintenance. Resetting the signal shall be a required step in the maintenance operation. The method for resetting the signal system shall be approved by the Administrator. The system must not be designed to deactivate upon the end of the useful life of the engine or thereafter.

(iv) A manufacturer may desire to demonstrate through a survey that a critical maintenance item is likely to be performed without a visible signal on a maintenance item for which there is no prior in-use experience without the signal. To that end, the manufacturer may in a given model year market up to 200 randomly selected vehicles per critical emission-related maintenance item without such visible signals, and monitor the performance of the critical maintenance item by the owners to show compliance with paragraph (h)(2)(ii) of this section. This option is restricted to two consecutive model years and may not be repeated until any previous survey has been completed. If the critical maintenance involves more than one engine family, the sample will be sales weighted to ensure that it is representative of all the families in question.

(v) The manufacturer provides the maintenance free of charge, and clearly informs the customer that the maintenance is free in the instructions provided under paragraph (a) of this section.

(vi) The manufacturer uses any other method which the Administrator approves as establishing a reasonable likelihood that the critical maintenance will be performed in-use.

(3) Visible signal systems used under paragraph (h)(2)(iii) of this section are considered an element of design of the emission control system. Therefore, disabling, resetting, or otherwise rendering such signals inoperative without also performing the indicated maintenance procedure is a prohibited act.

[P&D NOTE TO READER: Detailed requirements for the above are described in Sections 110 - 1009.]KEYWORDS: Emissions Maintenance
CFR40._.1.C.89.B._.112.(a) [244]Tier / Exhaust Emission Classifications for Engines (Table-1)---pdfKEYWORDS: Emissions
Exhaust emission from nonroad engines to which this subpart is applicable shall not exceed the applicable exhaust emission standards contained in Table 1 of CFR 40._.1.C.89.B._.112.(a), as follows:
KEYWORDS: Emissions
CFR40._.1.C.90 [245]Part 90: Spark-ignition Engines------KEYWORDS: Emissions
[This Part addresses the] Control of Emissions from Nonroad Spark-ignition Engines at or Below 19 Kilowatts KEYWORDS: Emissions
CFR40._.1.C.90.A._.1.(a) [246]Engines at or Below 19 KilowattsxmlpdfKEYWORDS: Emissions Engines Emissions
{Please see links for the specific language referenced here.}KEYWORDS: Emissions Engines Emissions
CFR40._.1.C.94 [247]Part 94: Control of Emissions from Marine Compression-Ingition EnginesxmlpdfKEYWORDS: Emissions
{Please see links for the specific language referenced here.}KEYWORDS: Emissions
CFR40._.1.C.94.A._.8 [248]Exhaust Emission StandardsxmlpdfKEYWORDS: Emissions
The Tier 1 standards of paragraph (a)(1) of this section apply until replaced by the standards of paragraph (a)(2) of this section.KEYWORDS: Emissions
CFR40._.1.C.94.A._.9 [249]Compliance With Emission Standards (incl. Useful Life)xmlpdfKEYWORDS: Emissions
The general standards and requirements in § 94.7 and the emission standards in § 94.8 apply to each new engine throughout its useful life period. The useful life is specified both in years and in hours of operation, and ends when either of the values (hours of operation or years) is exceeded. { . . .See link}KEYWORDS: Emissions
CFR40._.1.D [250]SubChapter D: Water Programs------KEYWORDS: Spill/Discharge Fuel Tanks Fuel/Oil SPCC Plan
For detailed information related to fuel/oil spills please go to the Parts of SubChapter D referenced below. You can also download SubChapter D by going to it at the Title-40 document listing. We could not provide links to an online xml or pdf version because the U.S. Government Printing Office (GPO) doesn't provide them. They only provide a download verson.KEYWORDS: Spill/Discharge Fuel Tanks Fuel/Oil SPCC Plan
CFR40._.1.D.109 [251]Part 109: Oil Removal Contingency Plans by AgenciesxmlpdfKEYWORDS: Spill/Discharge Fuel Tanks Fuel/Oil SPCC Plan
The criteria in this part are provided to assist State, local and regional agencies in the development of oil removal contingency plans.KEYWORDS: Spill/Discharge Fuel Tanks Fuel/Oil SPCC Plan
CFR40._.1.D.110 [252]Part 110: Discharge of OilxmlpdfKEYWORDS: Spill/Discharge Fuel Tanks Fuel/Oil SPCC Plan
The regulations of this part apply to the discharge of oil prohibited by section 311(b)(3) of the Act. {See links.}KEYWORDS: Spill/Discharge Fuel Tanks Fuel/Oil SPCC Plan
CFR40._.1.D.110 [253]Act, Water Pollution Control  (definition)------KEYWORDS: Spill/Discharge Definitions
Act means the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., also known as the Clean Water ActKEYWORDS: Spill/Discharge Definitions
CFR40._.1.D.110 [254]Federal Water Pollution Control Act------KEYWORDS: Spill/Discharge
Also known as the Clean Water Act.KEYWORDS: Spill/Discharge
CFR40._.1.D.110._._.6 [255]Discharge of Oil- Notification------KEYWORDS: Spill/Discharge Notifications
Any person in charge of a vessel or of an onshore or offshore facility shall, as soon as he or she has knowledge of any discharge of oil from such vessel or facility in violation of section 311(b)(3) of the Act, immediately notify the National Response Center (NRC) (800-424-8802; in the Washington, DC metropolitan area, 202-426-2675). If direct reporting to the NRC is not practicable, reports may be made to the Coast Guard or EPA predesignated On-Scene Coordinator (OSC) for the geographic area where the discharge occurs. All such reports shall be promptly relayed to the NRC. If it is not possible to notify the NRC or the predesignated OCS immediately, reports may be made immediately to the nearest Coast Guard unit, provided that the person in charge of the vessel or onshore or offshore facility notifies the NRC as soon as possible. The reports shall be made in accordance with such procedures as the Secretary of Transportation may prescribe. The procedures for such notice are set forth in U.S. Coast Guard regulations, 33 CFR part 153, subpart B and in the National Oil and Hazardous Substances Pollution Contingency Plan, 40 CFR part 300, subpart E.

(Approved by the Office of Management and Budget under control number 2050-0046)

KEYWORDS: Spill/Discharge Notifications
CFR40._.1.D.112 [256]Part 112: Oil Polution PreventionxmlpdfKEYWORDS: Spill/Discharge Fuel Tanks Fuel/Oil SPCC Plan
(a)(1) This part establishes procedures, methods, equipment, and other requirements to prevent the discharge of oil from non-transportation-related onshore and offshore facilities into or upon the navigable waters of the United States. . . {For more see link.}KEYWORDS: Spill/Discharge Fuel Tanks Fuel/Oil SPCC Plan
CFR40._.1.D.112.A [257]All Facilities and All Types of OilsxmlpdfKEYWORDS: Spill/Discharge Fuel Tanks Fuel/Oil SPCC Plan
Applicability, Definitions, and General Requirements for All Facilities and All Types of OilsKEYWORDS: Spill/Discharge Fuel Tanks Fuel/Oil SPCC Plan
CFR40._.1.D.112.A._.1.(a) [258]General ApplicabilityxmlpdfKEYWORDS: Spill/Discharge Fuel Tanks Fuel/Oil SPCC Plan
(a) General Applicability.

(1) This part establishes procedures, methods, equipment, and other requirements to prevent the discharge of oil {including diesel fuel} from non-transportation-related onshore and offshore facilities into or upon the navigable waters of the United States or adjoining shorelines, or into or upon the waters of the contiguous zone, or in connection with activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974, or that may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (including resources under the Magnuson Fishery Conservation and Management Act) .

(2) As used in this part, words in the singular also include the plural and words in the masculine gender also include the feminine and vice versa, as the case may require.
KEYWORDS: Spill/Discharge Fuel Tanks Fuel/Oil SPCC Plan
CFR40._.1.D.112.A._.1.(b) [259]SPCC Plan Applicability (Who must have one)xmlpdfKEYWORDS: SPCC Plan
Except as provided in paragraph (d) of this section, this part applies to any owner or operator of a non-transportation-related onshore or offshore facility engaged in drilling, producing, gathering, storing, processing, refining, transferring, distributing, using, or consuming oil and oil products [includes diesel fuel], which due to its location, could reasonably be expected to discharge oil in quantities that may be harmful, as described in part 110 of this chapter, into or upon the navigable waters of the United States or adjoining shorelines, or into or upon the waters of the contiguous zone, or in connection with activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974, or that may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (including resources under the Magnuson Fishery Conservation and Management Act) that has oil in:
(1) Any aboveground container;

(2) Any completely buried tank as defined in § 112.2;

(3) Any container that is used for standby storage, for seasonal storage, or for temporary storage, or not otherwise “permanently closed” as defined in § 112.2;

(4) Any “bunkered tank” or “partially buried tank” as defined in § 112.2, or any container in a vault, each of which is considered an aboveground storage container for purposes of this part.

KEYWORDS: SPCC Plan
CFR40._.1.D.112.A._.2 [260]Definitions - Oil Polution PreventionxmlpdfKEYWORDS: SPCC Plan Fuel Tanks Fuel/Oil SPCC Plan
{See link}KEYWORDS: SPCC Plan Fuel Tanks Fuel/Oil SPCC Plan
CFR40._.1.D.112.A._.2 [261]Bulk storage container   (definition)xmlpdfKEYWORDS: SPCC Plan Definitions
Bulk Storage Container means any container used to store oil. These containers are used for purposes including, but not limited to, the storage of oil prior to use, while being used, or prior to further distribution in commerce. Oil-filled electrical, operating, or manufacturing equipment is not a bulk storage container. KEYWORDS: SPCC Plan Definitions
CFR40._.1.D.112.A._.2 [262]Facility  (definition)xmlpdfKEYWORDS: SPCC Plan Definitions
Facility means any mobile or fixed, onshore or offshore building, property, parcel, lease, structure, installation, equipment, pipe, or pipeline (other than a vessel or a public vessel) used in oil well drilling operations, oil production, oil refining, oil storage, oil gathering, oil processing, oil transfer, oil distribution, and oil waste treatment, or in which oil is used, as described in appendix A to this part. The boundaries of a facility depend on several site-specific factors, including but not limited to, the ownership or operation of buildings, structures, and equipment on the same site and types of activity at the site. Contiguous or non-contiguous buildings, properties, parcels, leases, structures, installations, pipes, or pipelines under the ownership or operation of the same person may be considered separate facilities. Only this definition governs whether a facility is subject to this part. KEYWORDS: SPCC Plan Definitions
CFR40._.1.D.112.A._.2 [263]Loading/Unloading Rack  (definition)xmlpdfKEYWORDS: SPCC Plan Definitions
Loading/Unloading Rack means a fixed structure (such as a platform, gangway) necessary for loading or unloading a tank truck or tank car, which is located at a facility subject to the requirements of this part. A loading/unloading rack includes a loading or unloading arm, and may include any combination of the following: piping assemblages, valves, pumps, shut-off devices, overfill sensors, or personnel safety devices.KEYWORDS: SPCC Plan Definitions
CFR40._.1.D.112.A._.2 [264]Maximum extent practicable  (definition)xmlpdfKEYWORDS: SPCC Plan Definitions
Maximum Extent Practicable means within the limitations used to determine oil spill planning resources and response times for on-water recovery, shoreline protection, and cleanup for worst case discharges from onshore non-transportation-related facilities in adverse weather. It includes the planned capability to respond to a worst case discharge in adverse weather, as contained in a response plan that meets the requirements in § 112.20 or in a specific plan approved by the Regional Administrator. KEYWORDS: SPCC Plan Definitions
CFR40._.1.D.112.A._.2 [265]Mobile Refuler  (definition)xmlpdfKEYWORDS: SPCC Plan Definitions
Mobile Refueler means a bulk storage container onboard a vehicle or towed, that is designed or used solely to store and transport fuel for transfer into or from an aircraft, motor vehicle, locomotive, vessel, ground service equipment, or other oil storage container. KEYWORDS: SPCC Plan Definitions
CFR40._.1.D.112.A._.2 [266]Oil  (definition)xmlpdfKEYWORDS: SPCC Plan
Oil means oil of any kind or in any form, including, 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 [diesel], sludge, synthetic oils, mineral oils, oil refuse, or oil mixed with wastes other than dredged spoil.KEYWORDS: SPCC Plan
CFR40._.1.D.112.A._.2 [267]SPCC Plan   (definition)xmlpdfKEYWORDS: SPCC Plan
Spill Prevention, Control, and Countermeasure Plan; SPCC Plan, or Plan means the document required by § 112.3 that details the equipment, workforce, procedures, and steps to prevent, control, and provide adequate countermeasures to a discharge.KEYWORDS: SPCC Plan
CFR40._.1.D.112.A._.3 [268]SPCC Plan RequirementsxmlpdfKEYWORDS: SPCC Plan Fuel Tanks Fuel/Oil Spill/Discharge
The owner or operator or an onshore or offshore facility subject to this section must prepare in writing and implement a Spill Prevention Control and Countermeasure Plan (hereafter “SPCC Plan” or “Plan”),” in accordance with § 112.7 and any other applicable section of this part.

(a)(1) Except as otherwise provided in this section, if your facility, or mobile or portable facility, was in operation on or before August 16, 2002, you must maintain your Plan, but must amend it, if necessary to ensure compliance with this part, and implement the amended Plan no later than November 10, 2011. If such a facility becomes operational after August 16, 2002, through November 10, 2011, and could reasonably be expected to have a discharge as described in § 112.1(b), you must prepare and implement a Plan on or before November 10, 2011. If such a facility (excluding oil production facilities) becomes operational after November 10, 2011, and could reasonably be expected to have a discharge as described in § 112.1(b), you must prepare and implement a Plan before you begin operations. You are not required to prepare a new Plan each time you move a mobile or portable facility to a new site; the Plan may be general. When you move the mobile or portable facility, you must locate and install it using the discharge prevention practices outlined in the Plan for the facility. The Plan is applicable only while the mobile or portable facility is in a fixed (non-transportation) operating mode.KEYWORDS: SPCC Plan Fuel Tanks Fuel/Oil Spill/Discharge
CFR40._.1.D.112.A._.3.(g) [269]Qualified Facilities  (definition)xmlpdfKEYWORDS: SPCC Plan
(g) Qualified Facilities. The owner or operator of a qualified facility as defined in this subparagraph may self-certify his facility's Plan, as provided in § 112.6. A qualified facility is one that meets the following Tier I or Tier II qualified facility criteria:

(1) A Tier I qualified facility meets the qualification criteria in paragraph (g)(2) of this section and has no individual aboveground oil storage container with a capacity greater than 5,000 U.S. gallons.

(2) A Tier II qualified facility is one that has had no single discharge as described in § 112.1(b) exceeding 1,000 U.S. gallons or no two discharges as described in § 112.1(b) each exceeding 42 U.S. gallons within any twelve month period in the three years prior to the SPCC Plan self-certification date, or since becoming subject to this part if the facility has been in operation for less than three years (other than discharges as described in § 112.1(b) that are the result of natural disasters, acts of war, or terrorism), and has an aggregate aboveground oil storage capacity of 10,000 U.S. gallons or less.

[67 FR 47140, July 17, 2002, as amended at 68 FR 1351, Jan. 9, 2003; 68 FR 18894, Apr. 17, 2003; 69 FR 48798, Aug. 11, 2004; 71 FR 8466, Feb. 17, 2006; 71 FR 77290, Dec. 26, 2006; 72 FR 27447, May 16, 2007; 73 FR 74301, Dec. 5, 2008, 74 FR 29141, June 19, 2009; 74 FR 58809, Nov. 13, 2009; 75 FR 63102, Oct. 14, 2010; 76 FR 21660, Apr. 18, 2011; 76 FR 64248, Oct. 18, 2011; 76 FR 72124, Nov. 22, 2011]KEYWORDS: SPCC Plan
CFR40._.1.D.112.A._.3.(g) [270]Self-Certify / Licensed PE Not Required if Qualified Facility---pdfKEYWORDS: SPCC Plan Self-Certify
{The CFR does not clearly state in one place that in some cases a licensed PE is not required to certify SPCC Plans. So to clarify CFR 40._.1.D.112.A._.3.g states that "The owner or operator of a qualified facility as defined in this subparagraph may self-certify his facility's Plan, as provided in § 112.6.". In other words a licenced PE is not required for qualified facilities. In their 2009 presentation titled "Top 10 Misconceptions About SPCC", the EPA also clarifies that. Reference the excerpts below taken from slide 8 titled "Misconception #5: The requirement that a professional engineer (PE) must certify an SPCC Plan is overly burdensome ". See link for full presentation.}

  • As provided in §112.3(d), a licensed PE must review and certify SPCC Plans for facilities that do not meet the qualified facility criteria. . .{Emphasis added}

  • In the 2006 amendments, EPA finalized an option in §112.6 to allow owners or operators of qualified facilities to self-certify their SPCC Plans.

  • KEYWORDS: SPCC Plan Self-Certify
CFR40._.1.D.112.A._.4 [271]SPCC Plan by Regional AdministratorxmlpdfKEYWORDS: SPCC Plan Fuel Tanks Fuel/Oil Spill/Discharge
If you are the owner or operator of a facility subject to this part, you must:

(a) Notwithstanding compliance with § 112.3, whenever your facility has discharged more than 1,000 U.S. gallons of oil in a single discharge as described in § 112.1(b), or discharged more than 42 U.S. gallons of oil in each of two discharges as described in § 112.1(b), occurring within any twelve month period, submit the following information to the Regional Administrator within 60 days from the time the facility becomes subject to this section: . . .KEYWORDS: SPCC Plan Fuel Tanks Fuel/Oil Spill/Discharge
CFR40._.1.D.112.A._.5 [272]SPCC Plan AmendmentxmlpdfKEYWORDS: SPCC Plan Fuel Tanks Fuel/Oil Spill/Discharge
If you are the owner or operator of a facility subject to this part, you must:

(a) Amend the SPCC Plan for your facility in accordance with the general requirements in § 112.7, and with any specific section of this part applicable to your facility, when there is a change in the facility design, construction, operation, or maintenance that materially affects its potential for a discharge as described in § 112.1(b). Examples of changes that may require amendment of the Plan include, but are not limited to: commissioning or decommissioning containers; replacement, reconstruction, or movement of containers; reconstruction, replacement, or installation of piping systems; construction or demolition that might alter secondary containment structures; changes of product or service; or revision of standard operation or maintenance procedures at a facility. An amendment made under this section must be prepared within six months, and implemented as soon as possible, but not later than six months following preparation of the amendment.

(b) Notwithstanding compliance with paragraph (a) of this section, complete a review and evaluation of the SPCC Plan at least once every five years from the date your facility becomes subject to this part; or, if your facility was in operation on or before August 16, 2002, five years from the date your last review was required under this part. As a result of this review and evaluation, you must amend your SPCC Plan within six months of the review to include more effective prevention and control technology if the technology has been field-proven at the time of the review and will significantly reduce the likelihood of a discharge as described in § 112.1(b) from the facility. You must implement any amendment as soon as possible, but not later than six months following preparation of any amendment. You must document your completion of the review and evaluation, and must sign a statement as to whether you will amend the Plan, either at the beginning or end of the Plan or in a log or an appendix to the Plan. The following words will suffice, “I have completed review and evaluation of the SPCC Plan for (name of facility) on (date), and will (will not) amend the Plan as a result.”

(c) Except as provided in § 112.6, have a Professional Engineer certify any technical amendments to your Plan in accordance with § 112.3(d).

[67 FR 47140, July 17, 2002, as amended at 71 FR 77291, Dec. 26, 2006; 73 FR 74301, Dec. 5, 2008; 74 FR 58809, Nov. 13, 2009]KEYWORDS: SPCC Plan Fuel Tanks Fuel/Oil Spill/Discharge
CFR40._.1.D.112.A._.5.(b) [273]SPCC Plan Review & UpdatexmlpdfKEYWORDS: SPCC Plan
(b) Notwithstanding compliance with paragraph (a) of this section, complete a review and evaluation of the SPCC Plan at least once every five years from the date your facility becomes subject to this part; or, if your facility was in operation on or before August 16, 2002, five years from the date your last review was required under this part. As a result of this review and evaluation, you must amend your SPCC Plan within six months of the review to include more effective prevention and control technology if the technology has been field-proven at the time of the review and will significantly reduce the likelihood of a discharge as described in § 112.1(b) from the facility. You must implement any amendment as soon as possible, but not later than six months following preparation of any amendment. You must document your completion of the review and evaluation, and must sign a statement as to whether you will amend the Plan, either at the beginning or end of the Plan or in a log or an appendix to the Plan. The following words will suffice, “I have completed review and evaluation of the SPCC Plan for (name of facility) on (date), and will (will not) amend the Plan as a result.”

[67 FR 47140, July 17, 2002, as amended at 71 FR 77291, Dec. 26, 2006; 73 FR 74301, Dec. 5, 2008; 74 FR 58809, Nov. 13, 2009]KEYWORDS: SPCC Plan
CFR40._.1.D.112.A._.6 [274]Qualified Facilities Plan Requirements (Tier I and Tier II)xmlpdfKEYWORDS: SPCC Plan Fuel Tanks Fuel/Oil Spill/Discharge
Qualified facilities meeting the Tier I applicability criteria in § 112.3(g)(1) are subject to the requirements in paragraph (a) of this section. Qualified facilities meeting the Tier II applicability criteria in § 112.3(g)(2) are subject to the requirements in paragraph (b) of this section. {See link for details.}KEYWORDS: SPCC Plan Fuel Tanks Fuel/Oil Spill/Discharge
CFR40._.1.D.112.A._.6.(a)(3)(i) [275]Equipment Failure AnalysisxmlpdfKEYWORDS: SPCC Plan Fuel Tanks Fuel/Oil Spill/Discharge Loading/Unloading Drainage
(i) Failure analysis, in lieu of the requirements in § 112.7(b). Where experience indicates a reasonable potential for equipment failure (such as loading or unloading equipment, tank overflow, rupture, or leakage, or any other equipment known to be a source of discharge), include in your Plan a prediction of the direction and total quantity of oil which could be discharged from the facility as a result of each type of major equipment failure.KEYWORDS: SPCC Plan Fuel Tanks Fuel/Oil Spill/Discharge Loading/Unloading Drainage
CFR40._.1.D.112.A._.6.(a)(3)(ii) [276]Secondary Containment in lieu of CFR 40._.1.D.112.B._.8.(c)(2)xmlpdfKEYWORDS: SPCC Plan Fuel Tanks Fuel/Oil Spill/Discharge Containment
(ii) Bulk storage container secondary containment, in lieu of the requirements in §§ 112.8(c)(2) and (c)(11) and 112.12(c)(2) and (c)(11). Construct all bulk storage container installations (except mobile refuelers and other non-transportation-related tank trucks), including mobile or portable oil storage containers, so that you provide a secondary means of containment for the entire capacity of the largest single container plus additional capacity to contain precipitation. Dikes, containment curbs, and pits are commonly employed for this purpose. You may also use an alternative system consisting of a drainage trench enclosure that must be arranged so that any discharge will terminate and be safely confined in a catchment basin or holding pond. Position or locate mobile or portable oil storage containers to prevent a discharge as described in § 112.1(b).KEYWORDS: SPCC Plan Fuel Tanks Fuel/Oil Spill/Discharge Containment
CFR40._.1.D.112.A._.6.(a)(3)(iii) [277]Overfill Protection Procedure in lieu of DevicexmlpdfKEYWORDS: SPCC Plan Fuel Tanks Fuel/Oil Spill/Discharge Filling
(iii) Overfill prevention, in lieu of the requirements in §§ 112.8(c)(8) and 112.12(c)(8). Ensure that each container is provided with a system or documented procedure to prevent overfills of the container, describe the system or procedure in the SPCC Plan and regularly test to ensure proper operation or efficacy.KEYWORDS: SPCC Plan Fuel Tanks Fuel/Oil Spill/Discharge Filling
CFR40._.1.D.112.A._.7 [278]General requirements for SPCC PlansxmlpdfKEYWORDS: SPCC Plan Fuel Tanks Fuel/Oil Spill/Discharge
If you are the owner or operator of a facility subject to this part you must prepare a Plan in accordance with good engineering practices. The Plan must have the full approval of management at a level of authority to commit the necessary resources to fully implement the Plan. You must prepare the Plan in writing. If you do not follow the sequence specified in this section for the Plan, you must prepare an equivalent Plan acceptable to the Regional Administrator that meets all of the applicable requirements listed in this part, and you must supplement it with a section cross-referencing the location of requirements listed in this part and the equivalent requirements in the other prevention plan. If the Plan calls for additional facilities or procedures, methods, or equipment not yet fully operational, you must discuss these items in separate paragraphs, and must explain separately the details of installation and operational start-up. As detailed elsewhere in this section, you must also: [See (a) below.]KEYWORDS: SPCC Plan Fuel Tanks Fuel/Oil Spill/Discharge
CFR40._.1.D.112.A._.7.(a) [279]What Must Be Included in SPCC PlanxmlpdfKEYWORDS: SPCC Plan
(a)

(1) Include a discussion of your facility's conformance with the requirements listed in this part.

(2) Comply with all applicable requirements listed in this part. Except as provided in § 112.6, your Plan may deviate from the requirements in paragraphs (g), (h)(2) and (3), and (i) of this section and the requirements in subparts B and C of this part, except the secondary containment requirements in paragraphs (c) and (h)(1) of this section, and §§ 112.8(c)(2), 112.8(c)(11), 112.9(c)(2), 112.9(d)(3), 112.10(c), 112.12(c)(2), and 112.12(c)(11), where applicable to a specific facility, if you provide equivalent environmental protection by some other means of spill prevention, control, or countermeasure. Where your Plan does not conform to the applicable requirements in paragraphs (g), (h)(2) and (3), and (i) of this section, or the requirements of subparts B and C of this part, except the secondary containment requirements in paragraph (c) and (h)(1) of this section, and §§ 112.8(c)(2), 112.8(c)(11), 112.9(c)(2), 112.10(c), 112.12(c)(2), and 112.12(c)(11), you must state the reasons for nonconformance in your Plan and describe in detail alternate methods and how you will achieve equivalent environmental protection. If the Regional Administrator determines that the measures described in your Plan do not provide equivalent environmental protection, he may require that you amend your Plan, following the procedures in § 112.4(d) and (e).

(3) Describe in your Plan the physical layout of the facility and include a facility diagram, which must mark the location and contents of each fixed oil storage container and the storage area where mobile or portable containers are located. The facility diagram must identify the location of and mark as “exempt” underground tanks that are otherwise exempted from the requirements of this part under § 112.1(d)(4). The facility diagram must also include all transfer stations and connecting pipes, including intra-facility gathering lines that are otherwise exempted from the requirements of this part under § 112.1(d)(11). You must also address in your Plan:
(i) The type of oil in each fixed container and its storage capacity. For mobile or portable containers, either provide the type of oil and storage capacity for each container or provide an estimate of the potential number of mobile or portable containers, the types of oil, and anticipated storage capacities;

(ii) Discharge prevention measures including procedures for routine handling of products (loading, unloading, and facility transfers, etc.);

(iii) Discharge or drainage controls such as secondary containment around containers and other structures, equipment, and procedures for the control of a discharge;

(iv) Countermeasures for discharge discovery, response, and cleanup (both the facility's capability and those that might be required of a contractor);

(v) Methods of disposal of recovered materials in accordance with applicable legal requirements; and

(vi) Contact list and phone numbers for the facility response coordinator, National Response Center, cleanup contractors with whom you have an agreement for response, and all appropriate Federal, State, and local agencies who must be contacted in case of a discharge as described in § 112.1(b).

(4) Unless you have submitted a response plan under § 112.20, provide information and procedures [emergency procedures] in your Plan to enable a person reporting a discharge as described in § 112.1(b) to relate information on the exact address or location and phone number of the facility; the date and time of the discharge, the type of material discharged; estimates of the total quantity discharged; estimates of the quantity discharged as described in § 112.1(b); the source of the discharge; a description of all affected media; the cause of the discharge; any damages or injuries caused by the discharge; actions being used to stop, remove, and mitigate the effects of the discharge; whether an evacuation may be needed; and, the names of individuals and/or organizations who have also been contacted.

(5) Unless you have submitted a response plan under § 112.20, organize portions of the Plan describing procedures [emergency procedures] you will use when a discharge occurs in a way that will make them readily usable [quickly accessed] in an emergency, and include appropriate supporting material as appendices.KEYWORDS: SPCC Plan
CFR40._.1.D.112.A._.7.(b) [280]PredictionxmlpdfKEYWORDS: SPCC Plan
(b) Where experience indicates a reasonable potential for equipment failure (such as loading or unloading equipment, tank overflow, rupture, or leakage, or any other equipment known to be a source of a discharge), include in your Plan a prediction of the direction, rate of flow, and total quantity of oil which could be discharged from the facility as a result of each type of major equipment failure.KEYWORDS: SPCC Plan
CFR40._.1.D.112.A._.7.(c) [281]ContainmentxmlpdfKEYWORDS: SPCC Plan
(c) Provide appropriate containment and/or diversionary structures or equipment to prevent a discharge as described in § 112.1(b), except as provided in paragraph (k) of this section for qualified oil-filled operational equipment, and except as provided in § 112.9(d)(3) for flowlines and intra-facility gathering lines at an oil production facility. The entire containment system, including walls and floor, must be capable of containing oil and must be constructed so that any discharge from a primary containment system, such as a tank, will not escape the containment system before cleanup occurs. In determining the method, design, and capacity for secondary containment, you need only to address the typical failure mode, and the most likely quantity of oil that would be discharged. Secondary containment may be either active or passive in design. At a minimum, you must use one of the following prevention systems or its equivalent:

(1) For onshore facilities:
(i) Dikes, berms, or retaining walls sufficiently impervious to contain oil;

(ii) Curbing or drip pans;

(iii) Sumps and collection systems;

(iv) Culverting, gutters, or other drainage systems;

(v) Weirs, booms, or other barriers;

(vi) Spill diversion ponds;

(vii) Retention ponds; or

(viii) Sorbent materials.

(2) For offshore facilities:

(i) Curbing or drip pans; or

(ii) Sumps and collection systems.
KEYWORDS: SPCC Plan
CFR40._.1.D.112.A._.7.(c) [282]Containment - Passive or ActivexmlpdfKEYWORDS: SPCC Plan
(c) Provide appropriate containment and/or diversionary structures or equipment to prevent a discharge as described in § 112.1(b), except as provided in paragraph (k) of this section for qualified oil-filled operational equipment, and except as provided in § 112.9(d)(3) for flowlines and intra-facility gathering lines at an oil production facility. The entire containment system, including walls and floor, must be capable of containing oil and must be constructed so that any discharge from a primary containment system, such as a tank, will not escape the containment system before cleanup occurs. In determining the method, design, and capacity for secondary containment,you need only to address the typical failure mode, and the most likely quantity of oil that would be discharged. Secondary containment may be either active or passivein design. At a minimum, you must use one of the following prevention systems or its equivalent:

(1) For onshore facilities:
(i) Dikes, berms, or retaining walls sufficiently impervious to contain oil;

(ii) Curbing or drip pans;

(iii) Sumps and collection systems;

(iv) Culverting, gutters, or other drainage systems;

(v) Weirs, booms, or other barriers;

(vi) Spill diversion ponds;

(vii) Retention ponds; or

(viii) Sorbent materials.

(2) For offshore facilities:

(i) Curbing or drip pans; or

(ii) Sumps and collection systems.
KEYWORDS: SPCC Plan
CFR40._.1.D.112.A._.7.(c) [283]Containment - Passive vs. Active  (definition)---pdfKEYWORDS: SPCC Plan Definitions
{The CFR does not provide specific definitions for Passive Containment and Active Containment. In CFR 40._.1.D.112.A._.7.(c) Containment - Active or Passive" they are referenced only. There it only implies that passive means permanent and active means temporary. However, in their 2009 presentation titled "Top 10 Misconceptions About SPCC", the EPA clarifies the differnce between passive and active. The specifics are given in the following excerpt taken from slide 3 titled "Misconception #1: Facilities must use permanent containment structures in all cases to provide general secondary containment". See link for full presentation.}

In some situations, permanent (passive) containment structures, such as dikes, may not be feasible to meet the §112.7(c) general containment requirement.

The SPCC Rule allows for the use of certain types of active containment measures (countermeasures or spill response capability) to meet the general containment requirement, which prevents a discharge to navigable waters or adjoining shorelines.

  • Active containment measures are those that require deployment or other specific action by the facility owner or operator

  • EPA generally believes that active containment measures can be used to satisfy the general secondary containment requirement when they are capable of containing the most likely discharge volume.

  • Active measures are not appropriate for all situations with the potential for an oil discharge (including the sized secondary containment requirement or situations where an oil discharge can not be readily detected).

  • KEYWORDS: SPCC Plan Definitions
CFR40._.1.D.112.A._.7.(c) [284]Containment- Loading/Unloading (fuel transfer) Area (2009 Amendment)htm---KEYWORDS: SPCC Plan Loading/Unloading
{The following excerpts are from the 2009 Amendment to CFR 40._.1.D.112 issued by the Environmental Protection Agency (EPA). We are providing them here to clarify the requirement for owners and operators to provide secondary containment at non-rack loading/unloading areas (areas where tank truck is positioned while transferring oil or diesel fuel to a storage tank). The Amendment was issued to clarify numerous different items. It just so happened that while clarifying the requirements for Loading/Unloading Rack areas to have secondary containment, misunderstandings relating to whether secondary containment at non-Loading/Unloading Rack areas is required was also clarified. NOTE: Underlines and highlighting have been added to make it easier to find pertinent language. They are not part of the original amendment text.}
Loading/Unloading Rack- POWERandDATA.info
Loading/Unloading Rack, Secondary Containment Not Visible
Aboveground Tank (No Rack)- POWERandDATA.info
Loading/Unloading (No Rack), Secondary Containment includes berm beyond.
(Start excerpt)
F. Loading/Unloading Racks   (End excerpt)

(Start of excerpt)
Commenters raised concerns that, because of the new loading/ unloading rack definition, many transfer operations (particularly those at rural facilities with no gangways or fixed loading arms) will not be regulated under the SPCC rule. The Agency disagrees with this assertion. Although the Agency intends the definition of loading/ unloading rack to clearly delineate those facilities subject to the Sec. 112.7(h) regulatory requirements (such as sized secondary containment), any otherwise regulated SPCC facility will still be subject to the general secondary containment requirements under Sec. 112.7(c) for all areas where oil is transferred into or out of any regulated container.   (End excerpt)

(Start excerpt)
EPA also is clarifying in this notice that tank cars and tank trucks are only subject to the requirements of Sec. 112.7(h) when conducting loading or unloading operations associated with a loading/unloading rack as defined in this action. Otherwise, they [tank cars and tank trucks] are subject to the general secondary containment requirements at Sec. 112.7(c). In addition, the definition finalized in this action typically will not include oil-filled equipment; however, transfers associated with oil-filled operational equipment where a rack is not present are still required to meet the general containment requirements of Sec. 112.7(c).   (End excerpt) [P&zmp;D Note: Per Page 4-14 of Guidance for Inspectors, generator sets are not considered "oil-filled operational equipment".]

(Start excerpt)
Finally . . . . . . Non-rack transfer areas are required to provide only general secondary containment for the most likely discharge, as discussed in Section V.H in this action, and may include active containment measures, such as response action or sorbent deployment. This interpretation is consistent with the approach EPA has taken with other exempt containers at an otherwise regulated SPCC facility. For example, in the preamble to the December 2006 amendments, EPA noted that although the amendment provided an exemption for motive power containers, the oil transfer activities to or from motive power containers occurring within an SPCC-regulated facility continue to be regulated (71 FR 77283, December 26, 2006). Consistent with the preamble to the December 2006 amendments, the Agency is therefore clarifying that at an SPCC-regulated facility, Sec. 112.7(h) (including the sized secondary containment provision) applies to transfers at any loading/unloading rack associated with any type of container, including one that is exempted from the rule, as long as the loading/unloading rack meets the definition finalized in this notice. A transfer not associated with a loading or unloading rack is subject to the general secondary containment provision at Sec. 112.7(c). No rule change is needed to clarify this point, because a rule amendment to exempt a loading/unloading rack associated with an UST was never proposed or finalized. This clarification is intended to correct preamble language that was inconsistent with the Agency's position on other exempt containers and their associated transfer activities.

3. Exclusions

EPA is . . . . . . . . not apply.

Oil transfer areas, such as loading/unloading areas at farms and oil production facilities that are subject to the SPCC rule, nevertheless remain subject to the general secondary containment requirements of Sec. 112.7(c). As EPA states in the SPCC Guidance for Regional Inspectors, Areas where oil is transferred but no loading or unloading rack is present are subject to Sec. 112.7(c), and thus appropriate containment and/or diversionary structures are required. EPA does not require specifically sized containment for transfer areas; however, containment size must be based on good engineering practice.   (End excerpt)

KEYWORDS: Containment Loading/Unloading
CFR40._.1.D.112.A._.7.(d) [285]ImpracticabilityxmlpdfKEYWORDS: SPCC Plan
Provided your Plan is certified by a licensed Professional Engineer under § 112.3(d), or, in the case of a qualified facility that meets the criteria in § 112.3(g), the relevant sections of your Plan are certified by a licensed Professional Engineer under § 112.6(d), if you determine that the installation of any of the structures or pieces of equipment listed in paragraphs (c) and (h)(1) of this section, and §§ 112.8(c)(2), 112.8(c)(11), 112.9(c)(2), 112.10(c), 112.12(c)(2), and 112.12(c)(11) to prevent a discharge as described in § 112.1(b) from any onshore or offshore facility is not practicable, you must clearly explain in your Plan why such measures are not practicable;   for bulk storage containers, conduct both periodic integrity testing of the containers and periodic integrity and leak testing of the valves and piping;   and, unless you have submitted a response plan under § 112.20, provide in your Plan the following:

(1) An oil spill contingency plan following the provisions of part 109 of this chapter.

(2) A written commitment of manpower, equipment, and materials required to expeditiously control and remove any quantity of oil discharged that may be harmful.
KEYWORDS: SPCC Plan
CFR40._.1.D.112.A._.7.(e) [286]Inspections, tests, and recordsxmlpdfKEYWORDS: SPCC Plan
Inspections, tests, and records. Conduct inspections and tests required by this part in accordance with written procedures that you or the certifying engineer develop for the facility. You must keep these written procedures and a record of the inspections and tests, signed by the appropriate supervisor or inspector, with the SPCC Plan for a period of three years. Records of inspections and tests kept under usual and customary business practices will suffice for purposes of this paragraph.KEYWORDS: SPCC Plan
CFR40._.1.D.112.A._.7.(e) [287]Inspections Signed by Supervisor or InspectorxmlpdfKEYWORDS: SPCC Plan
Inspections, tests, and records. Conduct inspections and tests required by this part in accordance with written procedures that you or the certifying engineer develop for the facility. You must keep these written procedures and a record of the inspections and tests, signed by the appropriate supervisor or inspector, with the SPCC Plan for a period of three years. Records of inspections and tests kept under usual and customary business practices will suffice for purposes of this paragraph.KEYWORDS: SPCC Plan
CFR40._.1.D.112.A._.7.(e) [288]Inspections Records Kept for 3 YearsxmlpdfKEYWORDS: SPCC Plan
Inspections, tests, and records. Conduct inspections and tests required by this part in accordance with written procedures that you or the certifying engineer develop for the facility. You must keep these written procedures and a record of the inspections and tests, signed by the appropriate supervisor or inspector, with the SPCC Plan for a period of three years. Records of inspections and tests kept under usual and customary business practices will suffice for purposes of this paragraph.KEYWORDS: SPCC Plan
CFR40._.1.D.112.A._.7.(f)(1) [289]Personnel, Training, and Discharge Prevention ProceduresxmlpdfKEYWORDS: SPCC Plan
Personnel, training, and discharge prevention procedures. (1) At a minimum, train your oil-handling personnel in the operation and maintenance of equipment to prevent discharges; discharge procedure protocols; applicable pollution control laws, rules, and regulations; general facility operations; and, the contents of the facility SPCC Plan.KEYWORDS: SPCC Plan
CFR40._.1.D.112.A._.7.(f)(2) [290]Designated Person Accountable for Discharge PreventionxmlpdfKEYWORDS: SPCC Plan
Designate a person at each applicable facility who is accountable for discharge prevention and who reports to facility management.KEYWORDS: SPCC Plan
CFR40._.1.D.112.A._.7.(f)(3) [291]Discharge Prevention Briefings (Annual)xmlpdfKEYWORDS: SPCC Plan
Schedule and conduct discharge prevention briefings for your oil-handling personnel at least once a year to assure adequate understanding of the SPCC Plan for that facility. Such briefings must highlight and describe known discharges as described in § 112.1(b) or failures, malfunctioning components, and any recently developed precautionary measures.KEYWORDS: SPCC Plan
CFR40._.1.D.112.A._.7.(g) [292]SecurityxmlpdfKEYWORDS: SPCC Plan
Security (excluding oil production facilities). Describe in your Plan how you secure and control access to the oil handling, processing and storage areas; secure master flow and drain valves; prevent unauthorized access to starter controls on oil pumps; secure out-of-service and loading/unloading connections of oil pipelines; and address the appropriateness of security lighting to both prevent acts of vandalism and assist in the discovery of oil discharges.KEYWORDS: SPCC Plan
CFR40._.1.D.112.A._.7.(g) [293]Control Access To the Oil Handling, Processing and Storage AreasxmlpdfKEYWORDS: SPCC Plan
Security (excluding oil production facilities). Describe in your Plan how you secure and control access to the oil handling, processing and storage areas; secure master flow and drain valves; prevent unauthorized access to starter controls on oil pumps; secure out-of-service and loading/unloading connections of oil pipelines; and address the appropriateness of security lighting to both prevent acts of vandalism and assist in the discovery of oil discharges.KEYWORDS: SPCC Plan
CFR40._.1.D.112.A._.7.(g) [294]Secure Valves and Access to ControlsxmlpdfKEYWORDS: SPCC Plan
Security (excluding oil production facilities). Describe in your Plan how you secure and control access to the oil handling, processing and storage areas; secure master flow and drain valves; prevent unauthorized access to starter controls on oil pumps; secure out-of-service and loading/unloading connections of oil pipelines; and address the appropriateness of security lighting to both prevent acts of vandalism and assist in the discovery of oil discharges.KEYWORDS: SPCC Plan
CFR40._.1.D.112.A._.7.(g) [295]Secure Loading/Unloading Connections (Caps)xmlpdfKEYWORDS: SPCC Plan
Security (excluding oil production facilities). Describe in your Plan how you secure and control access to the oil handling, processing and storage areas; secure master flow and drain valves; prevent unauthorized access to starter controls on oil pumps; secure out-of-service and loading/unloading connections of oil pipelines [lachable caps with lock capability]; and address the appropriateness of security lighting to both prevent acts of vandalism and assist in the discovery of oil discharges.KEYWORDS: SPCC Plan
CFR40._.1.D.112.A._.7.(g) [296]Lighting for Security, Discovery of Discharges, and Emergency SituationsxmlpdfKEYWORDS: SPCC Plan Lighting
Security (excluding oil production facilities). Describe in your Plan how you secure and control access to the oil handling, processing and storage areas; secure master flow and drain valves; prevent unauthorized access to starter controls on oil pumps; secure out-of-service and loading/unloading connections of oil pipelines; and address the appropriateness of security lighting to both prevent acts of vandalism and assist in the discovery of oil discharges.KEYWORDS: SPCC Plan Lighting
CFR40._.1.D.112.A._.7.(h) [297]SPCC Plan- Facility Tank Car and Tank Truck Loading/Unloading RackxmlpdfKEYWORDS: SPCC Plan Loading/Unloading
(h)Facility tank car and tank truck loading/unloading rack (excluding offshore facilities).

(1) Where loading/unloading rack drainage does not flow into a catchment basin or treatment facility designed to handle discharges, use a quick drainage system for tank car or tank truck loading/unloading racks. You must design any containment system to hold at least the maximum capacity of any single compartment of a tank car or tank truck loaded or unloaded at the facility.

(2) Provide an interlocked warning light or physical barrier system, warning signs, wheel chocks or vehicle brake interlock system in the area adjacent to a loading/unloading rack, to prevent vehicles from departing before complete disconnection of flexible or fixed oil transfer lines.

(3) Prior to filling and departure of any tank car or tank truck, closely inspect for discharges the lowermost drain and all outlets of such vehicles, and if necessary, ensure that they are tightened, adjusted, or replaced to prevent liquid discharge while in transit.
(i) If a field-constructed aboveground container undergoes a repair, alteration, reconstruction, or a change in service that might affect the risk of a discharge or failure due to brittle fracture or other catastrophe, or has discharged oil or failed due to brittle fracture failure or other catastrophe, evaluate the container for risk of discharge or failure due to brittle fracture or other catastrophe, and as necessary, take appropriate action.

(j) In addition to the minimal prevention standards listed under this section, include in your Plan a complete discussion of conformance with the applicable requirements and other effective discharge prevention and containment procedures listed in this part or any applicable more stringent State rules, regulations, and guidelines.KEYWORDS: SPCC Plan Loading/Unloading
CFR40._.1.D.112.A._.7.(h)(3)(k) [298]SPCC Plan- Qualified Oil-filled Operational EquipmentxmlpdfKEYWORDS: SPCC Plan
Qualified Oil-filled Operational Equipment. The owner or operator of a facility with oil-filled operational equipment that meets the qualification criteria in paragraph (k)(1) of this sub-section may choose to implement for this qualified oil-filled operational equipment the alternate requirements as described in paragraph (k)(2) of this sub-section in lieu of general secondary containment required in paragraph (c) of this section.

[NOTE: According to EPA's Guide- Chapter 4: Secondary Containment and Impracticability, a genset is not considered oil-filled operational equipment.KEYWORDS: SPCC Plan
CFR40._.1.D.112.B [299]Requirements for Petroleum Oils and Non-Petroleum OilsxmlpdfKEYWORDS: SPCC Plan
Subpart B—Requirements for Petroleum Oils and Non-Petroleum Oils, Except Animal Fats and Oils and Greases, and Fish and Marine Mammal Oils; and Vegetable Oils (Including Oils from Seeds, Nuts, Fruits, and Kernels) {See link for details.}KEYWORDS: SPCC Plan
CFR40._.1.D.112.B._.8 [300]SPCC Plan Requirements for Onshore FacilitiesxmlpdfKEYWORDS: SPCC Plan
Spill Prevention, Control, and Countermeasure Plan requirements for onshore facilities (excluding production facilities). {See link for details.}KEYWORDS: SPCC Plan
CFR40._.1.D.112.B._.8.(a)(1) [301]Must Meet Requirements for the [SPCC] Plan Listed Under Section 112.7 xmlpdfKEYWORDS: SPCC Plan Drainage
{If you are the owner or operator of an onshore facility, you must:} (a) Meet the general requirements for the Plan listed under § 112.7, and the specific discharge prevention and containment procedures listed in this section. . . {See link for details.}KEYWORDS: SPCC Plan Drainage
CFR40._.1.D.112.B._.8.(b)(1) [302]Restrain Drainage from Diked Areas by ValvesxmlpdfKEYWORDS: SPCC Plan Drainage
Restrain drainage from diked storage areas by valves to prevent a discharge into the drainage system or facility effluent treatment system, except where facility systems are designed to control such discharge. You may empty diked areas by pumps or ejectors; however, you must manually activate these pumps or ejectors and must inspect the condition of the accumulation before starting, to ensure no oil will be discharged.KEYWORDS: SPCC Plan Drainage
CFR40._.1.D.112.B._.8.(b)(2) [303]Use Valves of Manual, Open-and-closed DesignxmlpdfKEYWORDS: SPCC Plan Drainage
Use valves of manual, open-and-closed design, for the drainage of diked areas. You may not use flapper-type drain valves to drain diked areas. If your facility drainage drains directly into a watercourse and not into an onsite wastewater treatment plant, you must inspect and may drain uncontaminated retained stormwater, subject to the requirements of paragraphs (c)(3)(ii), (iii), and (iv) of this section. KEYWORDS: SPCC Plan Drainage
CFR40._.1.D.112.B._.8.(b)(3) [304]Facility Drainage SystemsxmlpdfKEYWORDS: SPCC Plan Drainage
Design facility drainage systems from undiked areas with a potential for a discharge (such as where piping is located outside containment walls or where tank truck discharges may occur outside the loading area) to flow into ponds, lagoons, or catchment basins designed to retain oil or return it to the facility. You must not locate catchment basins in areas subject to periodic flooding. KEYWORDS: SPCC Plan Drainage
CFR40._.1.D.112.B._.8.(b)(3) [305]Loading/Unloading Area DrainagexmlpdfKEYWORDS: SPCC Plan Loading/Unloading Drainage
Design facility drainage systems from undiked areas with a potential for a discharge (such as where piping is located outside containment walls or where tank truck discharges may occur outside the loading area) to flow into ponds, lagoons, or catchment basins designed to retain oil or return it to the facility. You must not locate catchment basins in areas subject to periodic flooding. KEYWORDS: SPCC Plan Loading/Unloading Drainage
CFR40._.1.D.112.B._.8.(c)(2) [306]Containment CurbxmlpdfKEYWORDS: Containment
Construct all bulk storage tank installations (except mobile refuelers and other non-transportation-related tank trucks) so that you provide a secondary means of containment for the entire capacity of the largest single container and sufficient freeboard to contain precipitation. You must ensure that diked areas are sufficiently impervious to contain discharged oil. Dikes, containment curbs, and pits are commonly employed for this purpose. You may also use an alternative system consisting of a drainage trench enclosure that must be arranged so that any discharge will terminate and be safely confined in a facility catchment basin or holding pond. KEYWORDS: Containment
CFR40._.1.D.112.B._.8.(c)(2) [307]Impervious to Contain Oil DischargexmlpdfKEYWORDS: Containment
Construct all bulk storage tank installations (except mobile refuelers and other non-transportation-related tank trucks) so that you provide a secondary means of containment for the entire capacity of the largest single container and sufficient freeboard to contain precipitation. You must ensure that diked areas are sufficiently impervious to contain discharged oil. Dikes, containment curbs, and pits are commonly employed for this purpose. You may also use an alternative system consisting of a drainage trench enclosure that must be arranged so that any discharge will terminate and be safely confined in a facility catchment basin or holding pond. KEYWORDS: Containment
CFR40._.1.D.112.B._.8.(c)(3) [308]Drainage of Contained AreasxmlpdfKEYWORDS: Containment Drainage
Not allow drainage of uncontaminated rainwater from the diked area into a storm drain or discharge of an effluent into an open watercourse, lake, or pond, bypassing the facility treatment system unless you:

(i) Normally keep the bypass valve sealed closed.

(ii) Inspect the retained rainwater to ensure that its presence will not cause a discharge as described in § 112.1(b).

(iii) Open the bypass valve and reseal it following drainage under responsible supervision; and

(iv) Keep adequate records of such events, for example, any records required under permits issued in accordance with §§ 122.41(j)(2) and 122.41(m)(3) of this chapter.

KEYWORDS: Containment Drainage
CFR40._.1.D.112.B._.8.(c)(4) [309]Drainage of Un-Contained AreasxmlpdfKEYWORDS: Containment Drainage
(4) If facility drainage is not engineered as in paragraph (b)(3) of this section, equip the final discharge of all ditches inside the facility with a diversion system that would, in the event of an uncontrolled discharge, retain oil in the facilityKEYWORDS: Containment Drainage
CFR40._.1.D.112.B._.8.(c)(6) [310]Test and Inspect Aboveground ContainerxmlpdfKEYWORDS: Fuel Tanks
Test or inspect each aboveground container for integrity on a regular schedule and whenever you make material repairs. You must determine, in accordance with industry standards, the appropriate qualifications for personnel performing tests and inspections, the frequency and type of testing and inspections, which take into account container size, configuration, and design (such as containers that are: shop-built, field-erected, skid-mounted, elevated, equipped with a liner, double-walled, or partially buried). Examples of these integrity tests include, but are not limited to: visual inspection, hydrostatic testing, radiographic testing, ultrasonic testing, acoustic emissions testing, or other systems of non-destructive testing. You must keep comparison records and you must also inspect the container's supports and foundations. In addition, you must frequently inspect the outside of the container for signs of deterioration, discharges, or accumulation of oil inside diked areas. Records of inspections and tests kept under usual and customary business practices satisfy the recordkeeping requirements of this paragraph.KEYWORDS: Fuel Tanks
CFR40._.1.D.112.B._.8.(c)(6) [311]Tank Inspection on Regular BasisxmlpdfKEYWORDS: Fuel Tanks Inspection
Bulk storage container inspections. (i) Except for containers that meet the criteria provided in paragraph (c)(6)(ii) of this section, test or inspect each aboveground container for integrity on a regular schedule and whenever you make material repairs.KEYWORDS: Fuel Tanks Inspection
CFR40._.1.D.112.B._.8.(c)(8) [312]High Level AlarmxmlpdfKEYWORDS: Fuel Tanks
Engineer or update each container installation in accordance with good engineering practice to avoid discharges. You must provide at least one of the following devices:
  • (i) High liquid level alarms with an audible or visual signal at a constantly attended operation or surveillance station. In smaller facilities an audible air vent may suffice.
  • (ii) High liquid level pump cutoff devices set to stop flow at a predetermined container content level.
  • (iii) Direct audible or code signal communication between the container gauger and the pumping station.
  • (iv) A fast response system for determining the liquid level of each bulk storage container such as digital computers, telepulse, or direct vision gauges {clock guage}. If you use this alternative, a person must be present to monitor gauges and the overall filling of bulk storage containers.
KEYWORDS: Fuel Tanks
CFR40._.1.D.112.B._.8.(c)(8)(v) [313]High Level Alarm Test on Regular BasisxmlpdfKEYWORDS: Fuel Tanks Testing
You must regularly test liquid level sensing devices to ensure proper operation. . . . KEYWORDS: Fuel Tanks Testing
CFR40._.1.D.112.B._.8.(c)(10) [314]Fix Leaks and Clean-up Discharge PromptlyxmlpdfKEYWORDS: Fuel Tanks
Promptly correct visible discharges which result in a loss of oil from the container, including but not limited to seams, gaskets, piping, pumps, valves, rivets, and bolts. You must promptly remove any accumulations of oil in diked areas. KEYWORDS: Fuel Tanks
CFR40._.1.D.112.B._.8.(d)(2) [315]Cap and Mark Fill Pipe at Transfer PointxmlpdfKEYWORDS: Fuel Tanks Markings
Cap or blank-flange the terminal connection at the transfer point and mark it as to origin when piping is not in service or is in standby service for an extended time.KEYWORDS: Fuel Tanks Markings
CFR40._.1.D.112.B._.8.(d)(4) [316]Aboveground Valves and Piping Inspection on Regular BasisxmlpdfKEYWORDS: Piping Inspection
Regularly inspect all aboveground valves, piping, and appurtenances. During the inspection you must assess the general condition of items, such as flange joints, expansion joints, valve glands and bodies, catch pans, pipeline supports, locking of valves, and metal surfaces. You must also conduct integrity and leak testing of buried piping at the time of installation, modification, construction, relocation, or replacement. KEYWORDS: Piping Inspection
CFR40._.1.D.112.C [317]Requirements for Animal Fats, Fish Oils, Vegetable Oils, etc.xmlpdfKEYWORDS: SPCC Plan
Subpart C—Requirements for Animal Fats and Oils and Greases, and Fish and Marine Mammal Oils; and for Vegetable Oils, including Oils from Seeds, Nuts, Fruits, and Kernels.KEYWORDS: SPCC Plan
CFR40._.1.D.112.C._.12 [318]SPCC Plan Requirements for Subpart CxmlpdfKEYWORDS: SPCC Plan
Subpart C—Requirements for Animal Fats and Oils and Greases, and Fish and Marine Mammal Oils; and for Vegetable Oils, including Oils from Seeds, Nuts, Fruits, and Kernels.

67 FR 57149, July 17, 2002, unless otherwise noted.

112.12 Spill Prevention, Control, and Countermeasure Plan requirements.

If you are the owner or operator of an onshore facility, you must:
(a) Meet the general requirements for the Plan listed under § 112.7, and the specific discharge prevention and containment procedures listed in this section.

(b) Facility drainage. (1) Restrain drainage from diked storage areas by valves to prevent a discharge into the drainage system or facility effluent treatment system, except where facility systems are designed to control such discharge. You may empty diked areas by pumps or ejectors; however, you must manually activate these pumps or ejectors and must inspect the condition of the accumulation before starting, to ensure no oil will be discharged.

(2) Use valves of manual, open-and-closed design, for the drainage of diked areas. You may not use flapper-type drain valves to drain diked areas. If your facility drainage drains directly into a watercourse and not into an on-site wastewater treatment plant, you must inspect and may drain uncontaminated retained stormwater, subject to the requirements of paragraphs (c)(3)(ii), (iii), and (iv) of this section.

(3) Design facility drainage systems from undiked areas with a potential for a discharge (such as where piping is located outside containment walls or where tank truck discharges may occur outside the loading area) to flow into ponds, lagoons, or catchment basins designed to retain oil or return it to the facility. You must not locate catchment basins in areas subject to periodic flooding.

(4) If facility drainage is not engineered as in paragraph (b)(3) of this section, equip the final discharge of all ditches inside the facility with a diversion system that would, in the event of an uncontrolled discharge, retain oil in the facility.

(5) Where drainage waters are treated in more than one treatment unit and such treatment is continuous, and pump transfer is needed, provide two “lift” pumps and permanently install at least one of the pumps. Whatever techniques you use, you must engineer facility drainage systems to prevent a discharge as described in § 112.1(b) in case there is an equipment failure or human error at the facility.

(c) Bulk storage containers.

(1) Not use a container for the storage of oil unless its material and construction are compatible with the material stored and conditions of storage such as pressure and temperature.

(2) Construct all bulk storage tank installations (except mobile refuelers and other non-transportation-related tank trucks) so that you provide a secondary means of containment for the entire capacity of the largest single container and sufficient freeboard to contain precipitation. You must ensure that diked areas are sufficiently impervious to contain discharged oil. Dikes, containment curbs, and pits are commonly employed for this purpose. You may also use an alternative system consisting of a drainage trench enclosure that must be arranged so that any discharge will terminate and be safely confined in a facility catchment basin or holding pond.

(3) Not allow drainage of uncontaminated rainwater from the diked area into a storm drain or discharge of an effluent into an open watercourse, lake, or pond, bypassing the facility treatment system unless you:
(i) Normally keep the bypass valve sealed closed.
(ii) Inspect the retained rainwater to ensure that its presence will not cause a discharge as described in § 112.1(b).
(iii) Open the bypass valve and reseal it following drainage under responsible supervision; and
(iv) Keep adequate records of such events, for example, any records required under permits issued in accordance with §§ 122.41(j)(2) and 122.41(m)(3) of this chapter.
(4) Protect any completely buried metallic storage tank installed on or after January 10, 1974 from corrosion by coatings or cathodic protection compatible with local soil conditions. You must regularly leak test such completely buried metallic storage tanks.

(5) Not use partially buried or bunkered metallic tanks for the storage of oil, unless you protect the buried section of the tank from corrosion. You must protect partially buried and bunkered tanks from corrosion by coatings or cathodic protection compatible with local soil conditions.

(6) Bulk storage container inspections.
(i) Except for containers that meet the criteria provided in paragraph (c)(6)(ii) of this section, test or inspect each aboveground container for integrity on a regular schedule and whenever you make material repairs. You must determine, in accordance with industry standards, the appropriate qualifications for personnel performing tests and inspections, the frequency and type of testing and inspections, which take into account container size, configuration, and design (such as containers that are: shop-built, field-erected, skid-mounted, elevated, equipped with a liner, double-walled, or partially buried). Examples of these integrity tests include, but are not limited to: Visual inspection, hydrostatic testing, radiographic testing, ultrasonic testing, acoustic emissions testing, or other systems of non-destructive testing. You must keep comparison records and you must also inspect the container's supports and foundations. In addition, you must frequently inspect the outside of the container for signs of deterioration, discharges, or accumulation of oil inside diked areas. Records of inspections and tests kept under usual and customary business practices satisfy the recordkeeping requirements of this paragraph.

(ii) For bulk storage containers that are subject to 21 CFR part 110, are elevated, constructed of austenitic stainless steel, have no external insulation, and are shop-fabricated, conduct formal visual inspection on a regular schedule. In addition, you must frequently inspect the outside of the container for signs of deterioration, discharges, or accumulation of oil inside diked areas. You must determine and document in the Plan the appropriate qualifications for personnel performing tests and inspections. Records of inspections and tests kept under usual and customary business practices satisfy the recordkeeping requirements of this paragraph (c)(6).
(7) Control leakage through defective internal heating coils by monitoring the steam return and exhaust lines for contamination from internal heating coils that discharge into an open watercourse, or pass the steam return or exhaust lines through a settling tank, skimmer, or other separation or retention system.

(8) Engineer or update each container installation in accordance with good engineering practice to avoid discharges. You must provide at least one of the following devices:
(i) High liquid level alarms with an audible or visual signal at a constantly attended operation or surveillance station. In smaller facilities an audible air vent may suffice.

(ii) High liquid level pump cutoff devices set to stop flow at a predetermined container content level.

(iii) Direct audible or code signal communication between the container gauger and the pumping station.

(iv) A fast response system for determining the liquid level of each bulk storage container such as digital computers, telepulse, or direct vision gauges. If you use this alternative, a person must be present to monitor gauges and the overall filling of bulk storage containers.

(v) You must regularly test liquid level sensing devices to ensure proper operation.
(9) Observe effluent treatment facilities frequently enough to detect possible system upsets that could cause a discharge as described in § 112.1(b).

(10) Promptly correct visible discharges which result in a loss of oil from the container, including but not limited to seams, gaskets, piping, pumps, valves, rivets, and bolts. You must promptly remove any accumulations of oil in diked areas.

(11) Position or locate mobile or portable oil storage containers to prevent a discharge as described in § 112.1(b). Except for mobile refuelers and other non-transportation-related tank trucks, you must furnish a secondary means of containment, such as a dike or catchment basin, sufficient to contain the capacity of the largest single compartment or container with sufficient freeboard to contain precipitation.

(d) Facility transfer operations, pumping, and facility process.

(1) Provide buried piping that is installed or replaced on or after August 16, 2002, with a protective wrapping and coating. You must also cathodically protect such buried piping installations or otherwise satisfy the corrosion protection standards for piping in part 280 of this chapter or a State program approved under part 281 of this chapter. If a section of buried line is exposed for any reason, you must carefully inspect it for deterioration. If you find corrosion damage, you must undertake additional examination and corrective action as indicated by the magnitude of the damage.

(2) Cap or blank-flange the terminal connection at the transfer point and mark it as to origin when piping is not in service or is in standby service for an extended time.

(3) Properly design pipe supports to minimize abrasion and corrosion and allow for expansion and contraction.

(4) Regularly inspect all aboveground valves, piping, and appurtenances. During the inspection you must assess the general condition of items, such as flange joints, expansion joints, valve glands and bodies, catch pans, pipeline supports, locking of valves, and metal surfaces. You must also conduct integrity and leak testing of buried piping at the time of installation, modification, construction, relocation, or replacement.

(5) Warn all vehicles entering the facility to be sure that no vehicle will endanger aboveground piping or other oil transfer operations.

[67 FR 57149, July 17, 2002, as amended at 71 FR 77293, Dec. 26, 2006; 73 FR 74305, Dec. 5, 2008]KEYWORDS: SPCC Plan
CFR40._.1.D.112.D [319]Response RequirementsxmlpdfKEYWORDS: Spill/Discharge Fuel Tanks Fuel/Oil SPCC Plan
A response plan prepared under this SubPart D can be used in place of 112.7.(a).(4) and (5) when preparing an SPCC Plan. See 112.7.(a).(4) and (5) for verification.KEYWORDS: Spill/Discharge Fuel Tanks Fuel/Oil SPCC Plan
CFR40._.1.D.112.D._.20 [320]Facility Response PlanxmlpdfKEYWORDS: Spill/Discharge Fuel Tanks Fuel/Oil SPCC Plan
{P&D NOTE: The list of Facility Response Plan requirements in this Section is to much to include here. Please see link.}KEYWORDS: Spill/Discharge Fuel Tanks Fuel/Oil SPCC Plan
CFR40._.1.D.112.D._.21 [321]Response Training and Drills/ExercisesxmlpdfKEYWORDS: Spill/Discharge Fuel Tanks Fuel/Oil SPCC Plan Training
(a) The owner or operator of any facility required to prepare a facility response plan under § 112.20 shall develop and implement a facility response training program and a drill/exercise program that satisfy the requirements of this section. The owner or operator shall describe the programs in the response plan as provided in § 112.20(h)(8).

(b) The facility owner or operator shall develop a facility response training program to train those personnel involved in oil spill response activities. It is recommended that the training program be based on the USCG's Training Elements for Oil Spill Response, as applicable to facility operations. An alternative program can also be acceptable subject to approval by the Regional Administrator.
(1) The owner or operator shall be responsible for the proper instruction of facility personnel in the procedures to respond to discharges of oil and in applicable oil spill response laws, rules, and regulations.

(2) Training shall be functional in nature according to job tasks for both supervisory and non-supervisory operational personnel.

(3) Trainers shall develop specific lesson plans on subject areas relevant to facility personnel involved in oil spill response and cleanup.
(c) The facility owner or operator shall develop a program of facility response drills/exercises, including evaluation procedures. A program that follows the National Preparedness for Response Exercise Program (PREP) (see appendix E to this part, section 13, for availability) will be deemed satisfactory for purposes of this section. An alternative program can also be acceptable subject to approval by the Regional Administrator.KEYWORDS: Spill/Discharge Fuel Tanks Fuel/Oil SPCC Plan Training
CFR40._.1.D.116 [322]Part 116: Hazardous Substances [signage]xmlpdfKEYWORDS: Markings Fuel Tanks Fuel/Oil SPCC Plan Signage
KEYWORDS: Markings Fuel Tanks Fuel/Oil SPCC Plan Signage
CFR40._.1.U [323]SubChapter U: Air Pollution ControlsKEYWORDS: Emissions
KEYWORDS: Emissions
CFR40._.1.U.1039 [324]Part 1039: New & In-use Nonroad Compression-Ignition EnginesxmlpdfKEYWORDS: Emissions
KEYWORDS: Emissions
CFR40._.1.U.1039.A [325]Applicability - New & In-use Nonroad Compression-Ignition EnginesxmlpdfKEYWORDS: Emissions
The regulations in this part 1039 apply for all new, compression-ignition nonroad engines (defined in § 1039.801), except as provided in § 1039.5.KEYWORDS: Emissions
CFR40._.1.U.1039.B [326]Emission Standards and Requirements After 2014 Model YearxmlpdfKEYWORDS: Emissions
{P&D NOTE: Links to this Part are provided because it is referenced by other parts of the CFR.}KEYWORDS: Emissions
CFR40._.1.U.1039.I._.801 [327]Definitions - New & In-use Nonroad Compression-Ignition EnginesxmlpdfKEYWORDS: Emissions
{See link.} KEYWORDS: Emissions
CFR40._.1.U.1039.I._.801 [328]Auxiliary emission-control device  (definition)xmlpdfKEYWORDS: Emissions Definitions
Auxiliary emission-control device means any element of design that senses temperature, motive speed, engine RPM, transmission gear, or any other parameter for the purpose of activating, modulating, delaying, or deactivating the operation of any part of the emission-control system.KEYWORDS: Emissions Definitions
CFR40._.1.U.1039.I._.801 [329]Carryover  (definition)xmlpdfKEYWORDS: Emissions Definitions
Carryover means relating to certification based on emission data generated from an earlier model year as described in § 1039.235(d).KEYWORDS: Emissions Definitions
CFR40._.1.U.1039.I._.801 [330]Certified emission level  (definition)xmlpdfKEYWORDS: Emissions Definitions
Certified emission level means the highest deteriorated emission level in an engine family for a given pollutant from either transient or steady-state testing.KEYWORDS: Emissions Definitions
CFR40._.1.U.1039.I._.801 [331]Compression-ignition [diesel engine]  (definition)xmlpdfKEYWORDS: Emissions Definitions
Compression-ignition means relating to a type of reciprocating, internal-combustion engine that is not a spark-ignition engine.KEYWORDS: Emissions Definitions
Critical emission-related component means any of the following components:
  • (1) Electronic control units, after treatment devices, fuel-metering components, EGR-system components, crankcase-ventilation valves, all components related to charge-air compression and cooling, and all sensors and actuators associated with any of these components.
  • (2) Any other component whose primary purpose is to reduce emissions.
KEYWORDS: Emissions Definitions
CFR40._.1.U.1039.I._.801 [333]Diesel exhaust fluid (DEF)  (definition)xmlpdfKEYWORDS: Emissions Definitions
Diesel exhaust fluid (DEF) means a liquid compound used in conjunction with selective catalytic reduction to reduce NOX emissions. Diesel exhaust fluid is generally understood to conform to the specifications of ISO 22241.KEYWORDS: Emissions Definitions
CFR40._.1.U.1039.I._.801 [334]Fuel system  (definition)xmlpdfKEYWORDS: Emissions Definitions
Fuel system means all components involved in transporting, metering, and mixing the fuel from the fuel tank to the combustion chamber(s), including the fuel tank, fuel tank cap, fuel pump, fuel filters, fuel lines, carburetor or fuel-injection components, and all fuel-system vents.KEYWORDS: Emissions Definitions
CFR40._.1.U.1039.I._.801 [335]Fuel type  (definition)xmlpdfKEYWORDS: Emissions Definitions
Fuel type means a general category of fuels such as diesel fuel or natural gas. There can be multiple grades within a single fuel type, such as high-sulfur or low-sulfur diesel fuel.KEYWORDS: Emissions Definitions
CFR40._.1.U.1039.I._.801 [336]Generator-set engine  (definition)xmlpdfKEYWORDS: Emissions Definitions
Generator-set engine means an engine used primarily to operate an electrical generator or alternator to produce electric power for other applications.KEYWORDS: Emissions Definitions
CFR40._.1.U.1039.I._.801 [337]High-sulfur diesel fuel  (definition)xmlpdfKEYWORDS: Emissions Definitions
High-sulfur diesel fuel means one of the following:
  • (1) For in-use fuels, high-sulfur diesel fuel means a diesel fuel with a maximum sulfur concentration greater than 500 parts per million.
  • (2) For testing, high-sulfur diesel fuel has the meaning we give in 40 CFR part 1065.
KEYWORDS: Emissions Definitions
CFR40._.1.U.1039.I._.801 [338]Low-hour  (definition)xmlpdfKEYWORDS: Emissions Definitions
Low-hour means relating to an engine with stabilized emissions and represents the undeteriorated emission level. This would generally involve less than 300 hours of operation.KEYWORDS: Emissions Definitions
CFR40._.1.U.1039.I._.801 [339]Low-sulfur diesel fuel  (definition)xmlpdfKEYWORDS: Emissions Definitions
Low-sulfur diesel fuel means one of the following:
  • (1) For in-use fuels, low-sulfur diesel fuel means a diesel fuel with a maximum sulfur concentration of 500 parts per million.
  • (2) For testing, low-sulfur diesel fuel has the meaning we give in 40 CFR part 1065.
KEYWORDS: Emissions Definitions
CFR40._.1.U.1039.I._.801 [340]Owners Manual  (definition)xmlpdfKEYWORDS: Emissions Definitions
Owners manual means a document or collection of documents prepared by the engine manufacturer for the owner or operator to describe appropriate engine maintenance, applicable warranties, and any other information related to operating or keeping the engine. The owners manual is typically provided to the ultimate purchaser at the time of sale.KEYWORDS: Emissions Definitions
CFR40._.1.U.1039.I._.801 [341]Particulate Trap  (definition)xmlpdfKEYWORDS: Emissions Definitions DPF
Particulate trap means a filtering device that is designed to physically trap all particulate matter above a certain size.KEYWORDS: Emissions Definitions DPF
CFR40._.1.U.1039.I._.801 [342]Scheduled maintenance  (definition)xmlpdfKEYWORDS: Emissions Definitions Maintenance
Scheduled maintenance means adjusting, repairing, removing, disassembling, cleaning, or replacing components or systems periodically to keep a part or system from failing, malfunctioning, or wearing prematurely. It also may mean actions you expect are necessary to correct an overt indication of failure or malfunction for which periodic maintenance is not appropriate.KEYWORDS: Emissions Definitions Maintenance
CFR40._.1.U.1039.I._.825.(c)(5) [343]Reporting and Recordkeeping requirements Under this partxmlpdfKEYWORDS: Emissions Recordkeeping Reporting
In 40 CFR 1068.120 we specify recordkeeping related to rebuilding engines.KEYWORDS: Emissions Recordkeeping Reporting
CFR40._.1.U.1039.G [344]Special Compliance ProvisionsxmlpdfKEYWORDS: Emissions
{P&D NOTE: Links to this SubPart are provided because it is referenced by other parts of the CFR.}KEYWORDS: Emissions
CFR40._.1.U.1048 [345]Part 1048: New, Nonroad Spark-Ignition EnginesxmlpdfKEYWORDS: Emissions
{P&D NOTE: Links to this SubPart are provided because it is referenced by other parts of the CFR.}KEYWORDS: Emissions
CFR40._.1.U.1051 [346]Part 1051: Recreational Engines & VehiclesxmlpdfKEYWORDS: Emissions
{P&D NOTE: Links to this SubPart are provided because it is referenced by other parts of the CFR.}KEYWORDS: Emissions
CFR40._.1.U.1060 [347]Part 1060: Evaporative Emissions [non-diesel fueled engines]xmlpdfKEYWORDS: Emissions
{P&D NOTE: Links to this SubPart are provided because it is referenced by other parts of the CFR.}KEYWORDS: Emissions
CFR40._.1.U.1060.B [348]Emission StandardsxmlpdfKEYWORDS: Emissions
{P&D NOTE: Links to this SubPart are provided because it is referenced by other parts of the CFR.}KEYWORDS: Emissions
CFR40._.1.U.1060.B._.101 [349]Evaporative Emission RequirementsxmlpdfKEYWORDS: Emissions
{P&D NOTE: Links to this SubPart are provided because it is referenced by other parts of the CFR.}KEYWORDS: Emissions
CFR40._.1.U.1060.B._.102 [350]Permeation Emission Controls: Fuel LinesxmlpdfKEYWORDS: Emissions
{P&D NOTE: Links to this SubPart are provided because it is referenced by other parts of the CFR.}KEYWORDS: Emissions
CFR40._.1.U.1060.B._.103 [351]Permeation Emission Controls: Fuel TanksxmlpdfKEYWORDS: Emissions
{P&D NOTE: Links to this SubPart are provided because it is referenced by other parts of the CFR.}KEYWORDS: Emissions
CFR40._.1.U.1060.B._.104 [352]Running Loss Emission controlsxmlpdfKEYWORDS: Emissions
{P&D NOTE: Links to this SubPart are provided because it is referenced by other parts of the CFR.}KEYWORDS: Emissions
CFR40._.1.U.1060.B._.105 [353]Diurnal Requirements for EquipmentxmlpdfKEYWORDS: Emissions
{P&D NOTE: Links to this SubPart are provided because it is referenced by other parts of the CFR.}KEYWORDS: Emissions
CFR40._.1.U.1060.B._.120 [354]Warranty RequirementsxmlpdfKEYWORDS: Emissions
{P&D NOTE: Links to this SubPart are provided because it is referenced by other parts of the CFR.}KEYWORDS: Emissions
CFR40._.1.U.1060.B._.125 [355]Maintenance Instructions for BuyersxmlpdfKEYWORDS: Emissions
{P&D NOTE: Links to this SubPart are provided because it is referenced by other parts of the CFR.}KEYWORDS: Emissions
CFR40._.1.U.1060.I [356]Control of Evaporative Emissions - InformationxmlpdfKEYWORDS: Emissions
{P&D NOTE: Links to this SubPart are provided because it is referenced by other parts of the CFR.}KEYWORDS: Emissions
CFR40._.1.U.1060.I._.801 [357]Definitions - Control of Evaporative EmissionsxmlpdfKEYWORDS: Emissions
{P&D NOTE: Links to this SubPart are provided because it is referenced by other parts of the CFR.}KEYWORDS: Emissions
CFR40._.1.U.1060.I._.805 [358]Symbols, Acronyms, and AbbreviationsxmlpdfKEYWORDS: Emissions Acronyms & Abbreviations
{P&D NOTE: Links to this SubPart are provided because it is referenced by other parts of the CFR.}KEYWORDS: Emissions Acronyms & Abbreviations
CFR40._.1.U.1060.I._.810 [359]Materials this Part ReferencesxmlpdfKEYWORDS: Emissions
{P&D NOTE: Links to this SubPart are provided because it is referenced by other parts of the CFR.}KEYWORDS: Emissions
CFR40._.1.U.1068 [360]Part 1068: General Compliance ProvisionsxmlpdfKEYWORDS: Emissions
{P&D NOTE: Links to this SubPart are provided because it is referenced by other parts of the CFR.}KEYWORDS: Emissions
CFR40._.1.U.1068.A._.1.(a) [361]Applicabillity - Highway, Stationary, and NonRoad ProgramsxmlpdfKEYWORDS: Emissions Recordkeeping
(a) The provisions of this part apply to everyone with respect to the following engines and to equipment using the following engines (including owners, operators, parts manufacturers, and persons performing maintenance):
(1) Locomotives we regulate under 40 CFR part 1033.

(2) Heavy-duty motor vehicles and motor vehicle engines to the extent and in the manner specified in 40 CFR parts 85, 86, 1036 and 1037.

(3) Land-based nonroad compression-ignition engines we regulate under 40 CFR part 1039.

(4) Stationary compression-ignition engines certified using the provisions of 40 CFR part 1039, as indicated in 40 CFR part 60, subpart IIII.

(5) Marine compression-ignition engines we regulate under 40 CFR part 1042.

(6) Marine spark-ignition engines we regulate under 40 CFR part 1045.

(7) Large nonroad spark-ignition engines we regulate under 40 CFR part 1048.

(8) Stationary spark-ignition engines certified using the provisions of 40 CFR part 1048 or part 1054, as indicated in 40 CFR part 60, subpart JJJJ.

(9) Recreational engines and vehicles we regulate under 40 CFR part 1051 (such as snowmobiles and off-highway motorcycles).

(10) Small nonroad spark-ignition engines we regulate under 40 CFR part 1054.
(b) This part does not apply to any of the following engine or vehicle categories:

(1) Light-duty motor vehicles (see 40 CFR part 86).

(2) Heavy-duty motor vehicles and motor vehicle engines, except as specified in 40 CFR part 86.

(3) Aircraft engines, except as specified in 40 CFR part 87.

(4) Land-based nonroad compression-ignition engines we regulate under 40 CFR part 89.

(5) Small nonroad spark-ignition engines we regulate under 40 CFR part 90.

(6) Marine spark-ignition engines we regulate under 40 CFR part 91.

(7) Locomotive engines we regulate under 40 CFR part 92.

(8) Marine compression-ignition engines we regulate under 40 CFR parts 89 or 94.

(c) Paragraph (a) of this section identifies the parts of the CFR that define emission standards and other requirements for particular types of engines and equipment. This part 1068 refers to each of these other parts generically as the “standard-setting part.” For example, 40 CFR part 1051 is always the standard-setting part for snowmobiles. Follow the provisions of the standard-setting part if they are different than any of the provisions in this part.

(d) Specific provisions in this part 1068 start to apply separate from the schedule for certifying engines to new emission standards, as follows:

(1) The provisions of §§ 1068.30 and 1068.310 apply for stationary spark-ignition engines built on or after January 1, 2004, and for stationary compression-ignition engines built on or after January 1, 2006.

(2) The provisions of §§ 1068.30 and 1068.235 apply for the types of engines/equipment listed in paragraph (a) of this section beginning January 1, 2004, if they are used solely for competition.
KEYWORDS: Emissions Recordkeeping
This section specifies actions that are prohibited and the maximum civil penalties that we can assess for each violation in accordance with 42 U.S.C. 7522 and 7524. The maximum penalty values listed in paragraphs (a) and (b) of this section apply as of January 12, 2009. As described in paragraph (h) of this section, these maximum penalty limits are different for earlier violations and they may be adjusted as set forth in 40 CFR part 19.KEYWORDS: Emissions
CFR40._.1.U.1068.B._.110 [363]Provisions That Apply to Engines/Equipment In ServicexmlpdfKEYWORDS: Emissions
(a) Aftermarket parts and service. As the certifying manufacturer, you may not require anyone to use your parts or service to maintain or repair an engine or piece of equipment, unless we approve this in your application for certification. It is a violation of the Clean Air Act for anyone to manufacture any part if one of its main effects is to reduce the effectiveness of the emission controls. See § 1068.101(b)(2).

(b) Certifying aftermarket parts. As the manufacturer or rebuilder of an aftermarket engine or equipment part, you may—but are not required to—certify according to 40 CFR part 85, subpart V, that using the part will not cause engines/equipment to fail to meet emission standards. Whether you certify or not, you must keep any information showing how your parts or service affect emissions.

(c) Compliance with standards. We may test engines and equipment to investigate compliance with emission standards and other requirements. We may also require the manufacturer to do this testing.

(d) Defeat devices. We may test engines and equipment to investigate potential defeat devices. We may also require the manufacturer to do this testing. If we choose to investigate one of your designs, we may require you to show us that it does not have a defeat device. To do this, you may have to share with us information regarding test programs, engineering evaluations, design specifications, calibrations, on-board computer algorithms, and design strategies. It is a violation of the Clean Air Act for anyone to make, install or use defeat devices. See § 1068.101(b)(2) and the standard-setting part.

(e) Warranty and maintenance. Owners are responsible for properly maintaining their engines/equipment; however, owners may make warranty claims against the manufacturer for all expenses related to diagnosing and repairing or replacing emission-related parts, as described in § 1068.115. Manufacturers may ask to limit diagnosis and repair to authorized service facilities, provided this does not limit their ability to meet their warranty obligations under § 1068.115. The warranty period begins when the equipment is first placed into service. See the standard-setting part for specific requirements. It is a violation of the Clean Air Act for anyone to disable emission controls; see § 1068.101(b)(1) and the standard-setting part. KEYWORDS: Emissions
CFR40._.1.U.1068.B._.120 [364]Requirements for Rebuilding EnginesxmlpdfKEYWORDS: Emissions
{P&D NOTE: This section describes the steps to take when rebuilding engines to avoid violating the tampering prohibition in § 1068.101(b)(1). The requirements apply to anyone rebuilding an engine subject to this part, but the recordkeeping requirements in paragraphs (j) and (k) of this section apply only to businesses. For maintenance or service that is not rebuilding, including any maintenance related to evaporative emission controls, you may not make changes that might increase emissions of any regulated pollutant. Please see link for detailed requirements.}KEYWORDS: Emissions
CFR40._.1.U.1068.B._.120.(k) [365]Recordkeeping for rebuilding engines [per 40 CFR 1068.120]xmlpdfKEYWORDS: Emissions
You must show us or send us your records if we ask for them. Keep records for at least two years after rebuilding an engine. Keep them in any format that allows us to readily review them.

(1) You do not need to keep information that is not reasonably available through normal business practices. We do not expect you to have information that you cannot reasonably access.

(2) You do not need to keep records of what other companies do.

(3) You may keep records based on families rather than individual engines if that is the way you normally do business.

KEYWORDS: Emissions
CFR40._.1.U.1068.E [366]Selective Enforcement AuditingxmlpdfKEYWORDS: Emissions
We may conduct or require you to conduct emission tests on your production engines/equipment in a selective enforcement audit. This requirement is independent of any requirement for you to routinely test production-line engines/equipment. For products subject to equipment-based standards, but tested using engine-based test procedures, this subpart applies to the engines and/or the equipment, as applicable. Otherwise this subpart applies to engines for products subject to engine-based standards and to equipment for products subject to equipment-based standards.KEYWORDS: Emissions
CFR40._.1.U.1068.E._.415 [367]How To Test engines/equipmentxmlpdfKEYWORDS: Emissions
(a) Use the test procedures specified in the standard-setting part for showing that your engines/equipment meet emission standards. The test order will give further testing instructions.

(b) If no test cells are available at a given facility, you may make alternate testing arrangements with our approval.

(c) Test at least two engines/equipment in each 24-hour period (including void tests). However, if your projected U.S. nonroad sales within the family are less than 7,500 for the year, you may test a minimum of one per 24-hour period. If you request and justify it, we may approve a lower testing rate.

(d) For exhaust emissions, accumulate service on test engines/equipment at a minimum rate of 6 hours per engine or piece of equipment during each 24-hour period. The first 24-hour period for service accumulation begins when you finish preparing an engine or piece of equipment for testing. The minimum service accumulation rate does not apply on weekends or holidays. You may ask us to approve a lower service accumulation rate. We may require you to accumulate hours more rapidly than the minimum rate, as appropriate. Plan your service accumulation to allow testing at the rate specified in paragraph (c) of this section. Select operation for accumulating operating hours on your test engines/equipment to represent normal in-use operation for the family.

(e) Test engines/equipment in the same order you select them.KEYWORDS: Emissions
CFR40._.1.U.1068.E._.420 [368]How do I know when my engine family fails an SEA?xmlpdfKEYWORDS: Emissions
(a) A failed engine or piece of equipment is one whose final deteriorated test results exceed an applicable emission standard for any regulated pollutant.

(b) Continue testing engines/equipment until you reach a pass decision for all pollutants or a fail decision for one pollutant.

(c) You reach a pass decision for the SEA requirements when the number of failed engines/equipment is less than or equal to the pass decision number in Appendix A to this subpart for the total number of engines/equipment tested. You reach a fail decision for the SEA requirements when the number of failed engines/equipment is greater than or equal to the fail decision number in Appendix A to this subpart for the total number of engines/equipment you test. An acceptable quality level of 40 percent is the basis for the pass or fail decision.

(d) Consider test results in the same order as the engine/equipment testing sequence.

(e) If you reach a pass decision for one pollutant, but need to continue testing for another pollutant, we will disregard these later test results for the pollutant with the pass decision.

(f) Appendix A to this subpart lists multiple sampling plans. Use the sampling plan for the projected sales volume you reported in your application for the audited family.

(g) We may choose to stop testing after any number of tests.

(h) If we test some of your engines/equipment in addition to your own testing, we may decide not to include your test results as official data for those engines/equipment if there is substantial disagreement between your testing and our testing. We will reinstate your data as valid if you show us that we made an error and your data are correct.
(i) If we rely on our test data instead of yours, we will notify you in writing of our decision and the reasons we believe your facility is not appropriate for doing the tests we require under this subpart. You may request in writing that we consider your test results from the same facility for future testing if you show us that you have made changes to resolve the problem.
KEYWORDS: Emissions
CALIFORNIA AIR RESOURCE BOARD (CARB)California Air Resource Board (CARB)page---KEYWORDS: General
{Sometimes referred to as just the Air Resource Board or "the ARB". The ARB is part of the California Environmental Protection Agency (CalEPA)}

The ARB and local air districts are responsible for developing clean air plans to demonstrate how and when California will attain air quality standards established under both the federal and California Clean Air Acts. For the areas within California that have not attained air quality standards, the ARB works with air districts to develop and implement State and local attainment plans. . .KEYWORDS: General
CARBEO-VR-401-B Section-1 [370]Spill Container (spill bucket)---pdfKEYWORDS: Spill/Discharge
{CARB Executive Order VR-401-B Section-1 calls for Spill Containers (spill buckets) on Abovegroud Storage Tanks (AST). See link for details.}KEYWORDS: Spill/Discharge
CARBEO-VR-401-C [371]Spill Container (spill bucket) + Warantee---pdfKEYWORDS: Spill/Discharge
{CARB Executive Order VR-401-C Section-1 calls for Spill Containers (spill buckets) on Abovegroud Storage Tanks (AST) and includes specific warranty requirements . See link for details.}KEYWORDS: Spill/Discharge
CALIFORNIAENERGY CCOMMISSION (CalENERGY)---California Energy Commission (CalENERGY)page---KEYWORDS: Emissions
The California Energy Commission is the state's primary energy policy and planning agency. Created by the Legislature in 1974 and located in Sacramento, six basic responsibilities guide the Energy Commission as it sets state energy policy: . . . {For more see link.}KEYWORDS: Emissions
CalENERGY--- [373]Definitions of Motor Fuels and Refined Productspage---KEYWORDS: Emissions

DEFINITIONS OF MOTOR FUELS AND REFINED PRODUCTS

Types of Motor Fuel Consumed in California:

The state's air quality standards limit the types of motor fuels sold for vehicles to:
  • EPA Low Sulfur Diesel: Diesel fuel with sulfur content less than .05% by weight. EPA diesel cannot be sold within California. EPA diesel produced in California is exported to neighboring states.
  • CARB Low Sulfur Diesel: Diesel fuel which meets specifications set by the California Air Resources Board (CARB). This fuel is widely available throughout California
  • CARB Ultra Low Sulfur Diesel: Diesel fuel which meets the CARB specifications for ultra low sulfur diesel. This fuel will become required in California as CARB Low Sulfur Diesel is phased out in June of 2006
  • CARB Reformulated Gasoline (CARB RFG): An oxygenated reformulated gasoline which meets the most recent specifications set forth by the California Air Resources Board (CARB). This gasoline contains 5.7% ethanol as an oxygenate.
(For more detail please see the definitions for these fuels below.)

Definitions/Glossary of Terms

Aviation Fuels: Includes aviation gasoline and aviation jet fuel.

Aviation Gasoline (Finished Aviation Gasoline): All special grades of gasoline for use in aviation reciprocating or piston engines. This category includes both leaded and unleaded grades of aviation gasoline. Also includes blending components which will be used in blending or compounding into finished aviation gasoline.

Aviation Jet Fuel: A quality kerosene based fuel. This fuel is used primarily for turbojet and turboprop aircraft engines. Jet fuel is typically categorized as for use in either military or commercial aircraft.

Bio-Diesel: A diesel fuel substitute or diesel fuel additive or extender. Bio-Diesel fuels are typically made from oils such as soybeans, rapeseed, or sunflowers, or from animal tallow that is blended with traditional diesel fuel or used as a replacement for traditional diesel fuel. There are three standard blends: Bio-Diesel B5, B20 and B100 where the number indicates the percentage of bio-diesel in the finished fuel. Bio-Diesel can also be made from hydrocarbons derived from agricultural products such as rice hulls.

BOB (Blendstock for Oxygenate Blending): An acronym for unfinished gasoline which will later be blended with an oxygenate such as MTBE or ethanol.

Butane: A flammable, colorless, easily liquefied gas that is used extensively as a fuel for cigarette lighters and portable stoves. Chemical formula: C4H10.

Crude Oil: A mixture of hydrocarbons that existed in liquid phase in underground reservoirs and remains liquid at atmospheric pressure after passing through surface separating facilities. This category includes synthetic crude such as those derived from shale oil and tar sands.

Distillate Fuel Oil: A general classification for one of the petroleum fractions produced in conventional distillation operations. It includes diesel fuels and fuel oils. Products known as No. 1, No. 2, and No. 4 diesel fuel are used in on-highway diesel engines, such as those in trucks and automobiles, as well as off-highway engines, such as those in railroad locomotives and agricultural machinery. Products known as No. 1, No. 2, and No. 4 fuel oils are used primarily for space heating and electric power generation.

Distillate with sulfur <0.05%: Diesel fuel that has a sulfur level no higher than 0.05 percent by weight. This fuel does not meet California specifications and cannot be sold in California but may be exported to neighboring states.

  • Distillate with sulfur >0.05%: Diesel fuel that has a sulfur level above 0.05 percent by weight. This fuel does not meet California specifications and cannot be sold in California. This fuel may be further processed to meet CARB or EPA standards for sulfur content or used as fuel for some marine vessels.
  • EPA Low Sulfur No. 2 Diesel Fuel (EPA Highway Diesel): No. 2 diesel fuel that has a sulfur level no higher than 0.05% by weight (500 ppm). This fuel was introduced in October of 1993 and meets specifications adopted by the United States Environmental Protection Agency (USEPA). It is used primarily in motor vehicle diesel engines for on-highway use. EPA diesel produced in California may be exported to neighboring states.
  • EPA Off-Road No. 2 Diesel Fuel (EPA Off-Road Diesel): No. 2 diesel fuel that has a sulfur level no higher than 0.05% by weight (500ppm). This fuel meets specifications adopted by the United States Environmental Protection Agency.
  • CARB Low Sulfur No. 2 Diesel Fuel (CARB Diesel): No. 2 diesel fuel that has a sulfur level no higher than 0.05% by weight (500ppm) and the aromatic hydrocarbon content is limited to 10% by volume or alternative formulations that are approved by the California Air Resources Board (CARB). These alternative formulations may have an aromatic hydrocarbon content that exceeds the 10% volume limit. This fuel was introduced in October of 1993 and meets specifications adopted by the CARB. It is used primarily in motor vehicle diesel engines for on-highway and off-highway use. This diesel will be phased out in June of 2006 in favor of a 15ppm sulfur fuel.
  • EPA Ultra Low Sulfur No. 2 Diesel Fuel (EPA Highway ULS Diesel): No. 2 diesel fuel that has a sulfur level no higher than 0.0015% by weight (15ppm). This fuel meets specifications adopted by the United States Environmental Protection Agency. It is used primarily in motor vehicle diesel engines for on-highway use.
  • CARB Ultra Low Sulfur No. 2 Diesel Fuel (CARB ULS Diesel): No. 2 diesel fuel that has a sulfur level no higher than 0.0015% by weight (15ppm) and the aromatic hydrocarbon content is limited to 10% by volume. This fuel meets specifications adopted by the California Air Resources Board in 2003. It is used primarily in motor vehicle diesel engines for on-highway and off-highway use. This fuel will replace CARB Low Sulfur Diesel (500ppm sulfur) in June 2006.
  • High Sulfur No. 2 Diesel Fuel: No. 2 diesel fuel that has a sulfur level above 0.05% by weight (500ppm). This fuel may be further processed to meet CARB or EPA standards for sulfur content or used as fuel in some marine vessels.
  • No. 2 Fuel Oil (Heating Oil): This fuel is used in atomizing type burners for domestic heating or for moderate capacity commercial/industrial burner units.
No. 4 Fuel: A distillate fuel oil made by blending distillate fuel oil and residual fuel oil stocks. This fuel is used extensively in industrial plants and in commercial burner installations that are not equipped with preheating facilities.

Isobutane: Also known as i-butane, isobutane is an isomer of butane with the formula CH3CH(CH3)2. Recent concerns with depletion of the ozone layer by freon gases have led to increased use of isobutane as a gas for refrigeration systems, especially in domestic refrigerators and freezers. When used as a refrigerant, isobutane is also known as R600a.

Finished Motor Gasoline: A complex mixture of relatively volatile hydrocarbons with or without small quantities of additives, blended to form a fuel suitable for use in spark-ignition engines. Finished Motor Gasoline includes conventional gasoline; all types of oxygenated gasoline, and all types of reformulated gasoline, but excludes aviation gasoline.

Reformulated Gasoline: Finished motor gasoline that is formulated to reduce emissions of various criteria pollutants from motor vehicles.

  • California Reformulated Gasoline (CA RFG): Finished motor gasoline formulated for use in motor vehicles, the composition and properties of which meet the requirements of the reformulated gasoline regulations promulgated by the California Air Resources Board (CARB). This type of finished gasoline usually contains 5.7% ethanol as an oxygenate or in a few areas may contain no oxygenate (CARB RFG Non Oxy). This category excludes California reformulated gasoline blendstock for oxygenate blending (CA RBOB).
  • EPA Reformulated Gasoline (RFG): Finished motor gasoline formulated for use in motor vehicles, the composition and properties of which meet the requirements of the reformulated gasoline regulations promulgated by the EPA to meet requirements of the Clean Air Act. This category excludes reformulated gasoline blendstock for oxygenate blending (RBOB).
  • Arizona Cleaner Burning Gasoline (Arizona CBG): Finished motor gasoline formulated for use in motor vehicles, the composition and properties of which meet the requirements of the cleaner burning gasoline regulations promulgated by the state of Arizona. This type of finished gasoline may contain MTBE (Arizona CBG - MTBE) or no oxygenate (Arizona CBG Non Oxy). This category excludes Arizona reformulated gasoline blendstock for oxygenate blending (AZ RBOB).
  • Nevada Cleaner Burning Gasoline (LVCBG): Finished motor gasoline formulated for use in motor vehicles, the composition and properties of which meet the requirements of the cleaner burning gasoline regulations promulgated by the state of Nevada. This category excludes Nevada's cleaner burning gasoline blendstock for oxygenate blending (CBGBOB).
Oxygenated Gasoline (not classified as reformulated gasoline outside of California, Arizona or Nevada): Finished motor gasoline that contains an oxygenate. This type of finished gasoline is primarily used during the winter months in regions of the United States that are not in compliance with carbon monoxide standards. Other areas may mandate the use of oxygenates during a portion of the year to help control other types of air pollutants. Oxygenates can also be mandated for use to achieve compliance with minimum use goals.

  • EPA Winter Oxygenated Gasoline: A finished gasoline that contains a minimum of 1.8% oxygen by weight. This type of finished gasoline is mandated for use during the winter months in areas of the United States (other than California, Arizona and Nevada) that are not in compliance with federal carbon monoxide standards.
  • Arizona Winter Gasoline: A finished gasoline that contains ethanol at a concentration of 10% by volume. This type of finished gasoline is mandated for use during the winter months (November through March) in certain areas of Arizona. Prior to blending with ethanol, the unfinished base gasoline is referred to as Arizona Blendstock for Oxygenate Blending (AZBOB).
  • Nevada Winter Gasoline: A finished gasoline that contains ethanol at a concentration of 10% by volume. This type of finished gasoline is mandated for use during the winter months (October through March) in Clark County. Prior to blending with ethanol, the unfinished base gasoline is referred to as Nevada Blendstock for Oxygenate Blending in Las Vegas (LVBOB).
Conventional Gasoline (not classified as oxygenated or reformulated gasoline): These types of finished gasoline do not contain any oxygenates.

  • Arizona Conventional Gasoline: Finished motor gasoline formulated for use in motor vehicles. This type of finished gasoline is for use in areas of Arizona not required to use Arizona Cleaner Burning Gasoline.
  • Nevada Conventional Gasoline: Finished motor gasoline formulated for use in motor vehicles. This type of finished gasoline is for use in areas of Nevada not required to use Nevada Cleaner Burning Gasoline.
  • Other Conventional Gasoline: Finished motor gasoline formulated for use in motor vehicles. This type of finished conventional gasoline is for use in areas outside of California, Arizona and Nevada or for use as an exempt fuel in California.
Kerosene is a petroleum distillate with a boiling point between 300�F and 500�F boiling and generally having a flash point higher than 100�F.

Lease Condensate: A mixture consisting primarily of pentanes and heavier hydrocarbons which is recovered as a liquid from natural gas in lease separation facilities. This category excludes natural gas plant liquids, such as butane and propane, which are recovered at downstream natural gas processing plants or facilities.

Liquefied Petroleum Gases: A group of hydrocarbon-based gases derived from crude oil refining or natural gas fractionation. They include ethane, ethylene, propane, propylene, normal butane, butylene, isobutane, and isobutylene. For convenience of transportation, these gases are liquefied through pressurization.

Lubricants:
  • Naphthenic: Includes all lubricating oil base stocks with a Viscosity Index <75.
  • Paraffinic: Includes all grades of bright stock and neutrals with a Viscosity Index >75.
  • Marine Fuels: A general classification of diesel fuel oil for marine use. Marine fuels are generally used by ocean-going marine vessels for bunkering to use with their primary and auxiliary compression ignition engines, by local tugboats and harbor ships, and by boats for recreational marine purposes. Marine fuel types may be categorized as distillate, intermediate or residual per the following grades and names.
  • Marine Fuels - Distillate Type: Referred to as Gas Oil or Marine Gas Oil. Examples of various fuel grades include DMX, DMA, DMB, and DMC.
  • Marine Fuels - Intermediate Type: Referred to as Marine Diesel Fuel or Intermediate Fuel Oil (IFO). Examples of various fuel grades include IFO 180 and IFO 380.
  • Marine Fuels - Residual Type: Referred to as Fuel Oil or Residual Fuel Oil. Examples of various fuel grades include RMA and RML.
Definitions of Gasoline Grades (classification of gasoline by octane ratings): Each type of gasoline (conventional, oxygenated and reformulated) is classified by three grades - Regular, Midgrade, and Premium.

Note: Gasoline sales are reported by grade in accordance with their classification at the time of sale. In general, automotive octane requirements are lower at high altitudes. Therefore, in some areas of the United States, such as the Rocky Mountain States, the octane ratings for the gasoline grades may be 2 or more octane points lower.
  • Regular Gasoline: Gasoline having an antiknock index, i.e., octane rating, greater than or equal to 85 and less than 88. Note: Octane requirements may vary by altitude.
  • Midgrade Gasoline: Gasoline having an antiknock index, i.e., octane rating, greater than or equal to 88 and less than or equal to 90. Note: Octane requirements may vary by altitude.
  • Premium Gasoline: Gasoline having an antiknock index, i.e., octane rating, greater than 90. Note: Octane requirements may vary by altitude.
Motor Gasoline Blending Components: Components used for blending or compounding into finished motor gasoline. These components include reformulated gasoline Blendstock for Oxygenate Blending (CA RBOB and RBOB), oxygenates (alcohols, ethers) and gasoline blending components.

Reformulated Gasoline Blendstocks for Oxygenates Blending: California Reformulated Gasoline Blendstocks for Oxygenate Blending (CARBOB): Unfinished motor gasoline that meets the requirements of the CA RBOB regulations promulgated by the California Air Resources Board. This base gasoline is designed to be blended with an oxygenate (ethanol) in order to comply with California's finished reformulated gasoline regulations.

  • EPA Reformulated Gasoline Blendstocks for Oxygenate Blending (RBOB): Unfinished motor gasoline that meets the requirements of the RBOB regulations promulgated by the U.S. Environmental Protection Agency. This base gasoline is designed to be blended with an oxygenate in order to comply with EPA's finished reformulated gasoline regulations.
  • Arizona Reformulated Gasoline Blendstocks for Oxygenate Blending (AZ RBOB): Unfinished motor gasoline that, when blended with the correct percentage of oxygenate, will meet the requirements of the Arizona Cleaner Burning Gasoline regulations promulgated by the state of Arizona.
  • Cleaner Burning Gasoline Blendstock for Oxygenate Blending (CBGBOB): Unfinished motor gasoline that, when blended with the correct percentage of oxygenate, will meet the requirements of the Nevada Cleaner Burning Gasoline in Las Vegas (LVCBG) regulations promulgated by the state of Nevada.
Oxygenates: Alcohols and ethers which, when added to gasoline, increase the amount of oxygen in that gasoline blend. Common ethers in use as oxygenates include ETBE, MTBE and TAME. A common alcohol in use as an oxygenate is fuel ethanol.

  • ETBE (Ethyl Tertiary Butyl Ether): An oxygenate blendstock, formed by the catalytic etherification of isobutylene with ethanol, intended for gasoline blending.
  • MTBE (Methyl Tertiary Butyl Ether): An oxygenate blendstock, formed by the catalytic etherification of isobutylene with methanol, intended for gasoline blending.
  • TAME (Tertiary Amyl Methyl Ether): An oxygenate blendstock, formed by the catalytic etherification of isoamylene with methanol, intended for gasoline blending.
  • Fuel Ethanol (Ethyl Alcohol): An anhydrous denatured aliphatic alcohol intended for gasoline blending.
Gasoline Blending Components:
  • Alkylate: A branched paraffin compound formed by the catalytic reaction of isobutane with light olefins, such as ethylene, propylene, butylenes, and amylenes. Alkylate is a desirable gasoline blending component due to its high octane and relatively low volatility properties.
  • Hydrocrackate: A high-octane product made in a catalytic hydrocracking unit.
  • Isomerate: A high-aromatics, high-octane product made in an isomerization unit.
  • Isooctane: The pure hydrogenated form of diisobutylene, with a blending octane of 100, not commingled with other types of alkylates. Used as a gasoline blending component.
  • Natural gasoline: A term used in the gas processing industry to refer to a mixture of liquid hydrocarbons (mostly pentanes and heavier hydrocarbons) extracted from natural gas. It includes isopentane.
  • Reformate: A high-aromatics, high-octane product made in a reformer and used to blend motor gasoline or aviation gasoline.
  • Toluene: An aromatic hydrocarbon that can be used as a high octane gasoline blendstock.
  • Other Gasoline Blending Components: Includes all gasoline blending components not specifically listed above. Specifically, such petroleum products as: butane, butenes, catalytically cracked gasoline, coker gasoline, hexane, mixed xylene, pentane, pentane mixture, polymer gasoline, raffinates, straight-run gasoline, straight-run naphtha, thermally cracked gasoline and transmix containing gasoline.
Naphtha Jet Fuel: A naphtha based fuel used for turbojet and turboprop aircraft engines, primarily by the military. Excludes ram-jet and petroleum rocket fuels which should be reported with "Other Finished Products--fuel use."

Natural Gas Liquids: A general term for all liquid products separated from natural gas in gas processing or cycling plants. They include natural gas plant liquids and lease condensate.

Natural Gas Plant Liquids: Those hydrocarbons in natural gas that are separated as liquids at downstream gas processing plants or at fractionating and cycling plants. Products obtained include liquefied petroleum gases and pentanes plus.

Pentanes Plus: A mixture of hydrocarbons, mostly pentanes and heavier hydrocarbons, extracted from natural gas. Included are isopentane, natural gasoline, and plant condensate.

Petrochemical Feedstocks: Chemical feedstocks derived from petroleum principally for the manufacture of chemicals, synthetic rubber and a variety of plastics. There are two categories: �naphtha less than 401�F" and �other oils equal to or greater than 401�F."

Petroleum Coke:
  • Marketable Coke: Those grades of coke produced in delayed or fluid cokers which may be recovered as relatively pure carbon. This �green" coke may be sold as is or further purified by calcining. Calcination of petroleum coke can yield almost pure carbon or artificial graphite suitable for production of carbon or graphite electrodes, structural graphite, motor brushes, dry cells, etc. Marketable coke may also be used as fuel for power plants.
  • Catalyst Coke: In many catalytic operations (e.g., catalytic cracking) carbon is deposited on the catalyst, thus deactivating the catalyst. The catalyst is reactivated by burning off the carbon, which is used as a fuel in the refining process. This carbon or coke is not recoverable in a concentrated form
Petroleum Products: Includes finished motor gasoline, distillate, kerosene, biodiesel, aviation gasoline, aviation jet fuel, reformulated blendstocks for oxygenate blending, gasoline blending components, residual fuel oil, petroleum coke, liquefied petroleum gases, liquefied natural gas, synthetic fuel and unfinished oil.

Propane: Propane is sometimes derived from other petroleum products during oil or natural gas processing. Chemical formula: C3H8. When commonly sold as fuel, it is also known as liquified petroleum gas (LPG or LP gas) and is a mixture of propane with smaller amounts of propylene, butane and butylene, plus an ethyl mercaptan odorant to allow the normally odorless propane to be smelled. It is used as fuel in cooking on many barbecues and portable stoves and in motor vehicles.

Residual Fuel Oil: A general classification for the heavier oils, known as No. 5 and No. 6 fuel oils, that remain after the distillate fuel oils and lighter hydrocarbons are distilled away in refinery operations. No. 5, a residual fuel oil of medium viscosity, is also known as �Navy Special" and is used in steam-powered vessels in government service and as fuel for power plants. No. 6 fuel oil includes Bunker C fuel oil and is used for the production of electric power, space heating, vessel bunkering (marine vessel fuel), and various industrial purposes.

Road Oil (Asphalt Oil): Any heavy petroleum oil, including residual asphaltic oil used as a dust palliative and surface treatment on roads and highways. It is generally produced in six grades from 0, the most liquid, to 5, the most viscous.

Still Gas (Refinery Gas): Any form or mixture of gases produced in refineries by distillation, cracking, reforming and other processes. The principal constituents are methane, ethane, ethylene, butane, butylene, propane, propylene, etc. Still gas is used as a refinery fuel and a petrochemical feedstock. The conversion factor is 6 million BTU's per fuel oil equivalent barrel.

Synthetic Fuel: A fuel derived from feedstock such as coal, oil shale, tar sands, biomass, or natural gas. Specifically, include gas-to-liquid (GTL) fuels produced using Fischer-Tropsch or similar processes. Fischer-Tropsch Distillate refers to products that consist of neat blends of Fischer-Tropsch synthetic fuels.

ULS Diesel refers to ultra low sulfur diesel fuel.

Unfinished Oils: Includes all oils requiring further processing at a refinery. Oils which require only mechanical blending are not reported as unfinished oil. Unfinished oils include naphthas and lighter oils, kerosene and light gas oils, heavy gas oils, and residuum.

Wax: A solid or semi-solid material consisting of a mixture of hydrocarbons obtained or derived from petroleum fractions, or through a Fischer-Tropsch type process, in which the straight chained paraffin series predominates. This includes all marketable wax, whether crude or refined, with a congealing point between 100�F and 200�F and a maximum oil content of 50% by weight.

KEYWORDS: Emissions
CalENERGY [374]High Sulfur DieselKEYWORDS: Emissions
High Sulfur No. 2 Diesel Fuel: No. 2 diesel fuel that has a sulfur level above 0.05% by weight (500ppm). This fuel may be further processed to meet CARB or EPA standards for sulfur content or used as fuel in some marine vessels.KEYWORDS: Emissions
CalENERGY [375]Low Sulfur Diesel - CARBpage---KEYWORDS: Emissions
CARB Low Sulfur No. 2 Diesel Fuel (CARB Diesel): No. 2 diesel fuel that has a sulfur level no higher than 0.05% by weight (500ppm) and the aromatic hydrocarbon content is limited to 10% by volume or alternative formulations that are approved by the California Air Resources Board (CARB). These alternative formulations may have an aromatic hydrocarbon content that exceeds the 10% volume limit. This fuel was introduced in October of 1993 and meets specifications adopted by the CARB. It is used primarily in motor vehicle diesel engines for on-highway and off-highway use. This diesel will be phased out in June of 2006 in favor of a 15ppm sulfur fuel.KEYWORDS: Emissions
CalENERGY [376]Low Sulfur Diesel - EPApage---KEYWORDS: Emissions
EPA Low Sulfur No. 2 Diesel Fuel (EPA Highway Diesel): No. 2 diesel fuel that has a sulfur level no higher than 0.05% by weight (500 ppm). This fuel was introduced in October of 1993 and meets specifications adopted by the United States Environmental Protection Agency (USEPA). It is used primarily in motor vehicle diesel engines for on-highway use. EPA diesel produced in California may be exported to neighboring states.KEYWORDS: Emissions
CalENERGY--- [377]Ultra-Low Sulfur Diesel (ULSD) - CARBpage---KEYWORDS: Emissions
CARB Ultra Low Sulfur No. 2 Diesel Fuel (CARB ULS Diesel) {"CARB ULS Diesel or ULSD"}: No. 2 diesel fuel that has a sulfur level no higher than 0.0015% by weight (15ppm) and the aromatic hydrocarbon content is limited to 10% by volume. This fuel meets specifications adopted by the California Air Resources Board in 2003. It is used primarily in motor vehicle diesel engines for on-highway and off-highway use. This fuel will replace CARB Low Sulfur Diesel (500ppm sulfur) in June 2006.

{It should be noted that the California Energy Commission also states at this link that "CARB Low Sulfur Diesel: Diesel fuel which meets specifications set by the California Air Resources Board (CARB)", ". . . is widely available throughout California" and that while "EPA diesel cannot be sold within California" it can be produced in California and "exported to neighboring states."}KEYWORDS: Emissions
CalENERGY--- [378]Ultra-Low Sulfur Diesel (ULSD) - EPApage---KEYWORDS: Emissions
EPA Ultra Low Sulfur No. 2 Diesel Fuel (EPA Highway ULS Diesel) {"EPA diesel"}: No. 2 diesel fuel that has a sulfur level no higher than 0.0015% by weight (15ppm). This fuel meets specifications adopted by the United States Environmental Protection Agency. It is used primarily in motor vehicle diesel engines for on-highway use.

{The difference between CARB Ultra-Low Sulfur Diesel and EPA Ultra-Low Sulfur Diesel is that CARB Ultra-Low Sulfur Diesel limits aromatic hydrocarbon content to 10% by volume. EPA Ultra-Low Sulfur Diesel does not have that limitation.

It should be noted that the California Energy Commission also states at this link that "CARB Low Sulfur Diesel: Diesel fuel which meets specifications set by the California Air Resources Board (CARB)", ". . . is widely available throughout California" and that while "EPA diesel cannot be sold within California" it can be produced in California and "exported to neighboring states."} KEYWORDS: Emissions
CALIFORNIAENVIRONMENTAL PROTECTION AGENCY (CalEPA)California Environmental Protection Agency (CalEPA)page---KEYWORDS: General
{This link describes what the Environmental Protection Agency (EPA) does.}KEYWORDS: General
CalEPA--- [380]California Unified Program (CUPA)page---KEYWORDS: Spill/Discharge
The Unified Program
The Unified Program consolidates, coordinates, and makes consistent the administrative requirements, permits, inspections, and enforcement activities of six environmental and emergency response programs (Unified Program Fact Sheet, PDF). The state agencies responsible for these programs set the standards for their program while local governments implement the standards. Cal/EPA oversees the implementation of the program as a whole. The Unified Program is implemented at the local level by 83 government agencies certified by the Secretary of Cal/EPA.KEYWORDS: Spill/Discharge
CalEPA--- [381]California Environmental Reporting System (CERS)page---KEYWORDS: Reporting Reporting Notifications Permits
Electronic Reporting and CERS
All regulated businesses and local governments are required to submit their regulatory reports electronically by 2013. Regulated businesses can report using Cal/EPA's California Environmental Reporting System (CERS) or directly to their local regulatory agency. CERS will also support electronic data exchange among regulated businesses, local governments, and US EPA. Additionally, Cal/EPA will create a public access website that will allow access to the information collected from businesses and local governments. Learn more about CERS by visiting CERS Central, as well as subscribing to the Unified Program's listservs (Unified Program-General, Regulators, Businesses).KEYWORDS: Reporting Reporting Notifications Permits
ENVIRONMENTAL PROTECTION AGENCY (EPA)Environmental Protection Agency (EPA)page---KEYWORDS: General
This link describes what the Environmental Protection Agency (EPA) does.KEYWORDS: General
EPA--- [383]Bulk Storage Container Inspection Fact Sheet---pdfKEYWORDS: Fuel Tanks Fuel Tanks Fuel/Oil Inspection
The inspection requirements of the SPCC rule are designed to detect oil leaks, spills, or other potential integrity or structural issues before they can result in a discharge of oil to navigable waters of the U.S. or adjoining shorelines. Regularly scheduled inspections, evaluations, and testing of bulk oil storage containers by qualified personnel are critical parts of discharge prevention. . . For more see link.KEYWORDS: Fuel Tanks Fuel Tanks Fuel/Oil Inspection
EPA--- [384]Clean Air Actpage---KEYWORDS: Emissions
The Act calls for states and EPA to solve multiple air pollution problems through programs based on the latest science and technology information. Actions to implement the Clean Air Act have achieved dramatic reductions in air pollution, preventing hundreds of thousands of cases of serious health effects each year.

{P&D NOTE: For more see link.}KEYWORDS: Emissions
EPA--- [385]Clean Water Actpage---KEYWORDS: SPCC Plan Spill/Discharge
The objective of the Federal Water Pollution Control Act, commonly referred to as the Clean Water Act (CWA), is to restore and maintain the chemical, physical, and biological integrity of the nation's waters by preventing point and nonpoint pollution sources, providing assistance to publicly owned treatment works for the improvement of wastewater treatment, and maintaining the integrity of wetlands.

P&D NOTE: To go to the CWA web page where all CWA language can be accessed KEYWORDS: SPCC Plan Spill/Discharge
EPA--- [386]Continuous Emissions Monitoring- What Is It?page---KEYWORDS: Emissions Monitoring
Continuous Emissions Monitoring (CEM) is the continuous measurement of pollutants emitted into the atmosphere in exhaust gases from combustion or industrial processes. EPA has established requirements for the continuous monitoring of SO2, volumetric flow, NOx, diluent gas, and opacity for units regulated under the Acid Rain Program. In addition, procedures for monitoring or estimating carbon dioxide (CO2) are specified. The CEM rule also contains requirements for equipment performance specifications, certification procedures, and recordkeeping and reporting.KEYWORDS: Emissions Monitoring
EPA--- [387]Continuous Emissions Monitoring- What Engines Require It?page---KEYWORDS: Emissions Monitoring
All over 25 megawatts and new units {engines built in 1996 and after} under 25 megawatts that use fuel with a sulfur content greater than .05 percent by weight are required to measure and report emissions under the Acid Rain Program. The new units under 25 megawatts using clean fuels are required to certify their eligibility for an exemption every five years. A unit that formally committed to retirement before December 31, 1994 is exempt from the requirements of the rule. The following is a summary of monitoring method requirements and options: . . . {For the rest see link.}KEYWORDS: Emissions Monitoring
EPA--- [388]Continuous Emissions Monitoring- What Engines DO NOT Require It?------KEYWORDS: Emissions Monitoring
{As of 2014, units that use Ultra-Low Sulfur Diesel (ULSD) do not require continuous emissions monitoring. Here's the justification:

According to Shell Oil Corp's information on Ultra-Low Sulfur Diesel, ULSD has a "sulfur content of 50 mg per kg or less. This is equal to a maximum of 50 parts per million or expressed in a percentage it is less than 0.0050%." Low sulfur diesel (LSD) has .05% or less sulfur by weight. That puts ULSD well under .05 maximum indicated in the EPA's Continuous Emissions Monitoring Fact Sheet under To Whom Do These Requirements Apply? The US Department of Energy's information on Ultra-Low Sulfur Diesel, says that "As of December 1, 2010, all diesel fuel sold in the U.S. must be ULSD." The EPA says in their Diesel Fuel page that "Ultra Low Sulfur Diesel (ULSD) fuel will be phased in for nonroad, locomotive, and marine (NRLM) engines from 2007-2014." Therefore by 2014 you should only be using ultra-low sulfur diesel and not need continuous emissions monitoring.}KEYWORDS: Emissions Monitoring
EPA--- [389]Emissions From Nonroad Diesel Engines and Fuel (Final Rule)---pdfKEYWORDS: Emissions Engines Inspection Testing Training Recordkeeping Reporting Maintenance DPF Notifications Monitoring Permits
{P D: This link takes you to EPA's 2004 Final Rule.}KEYWORDS: Emissions Engines Inspection Testing Training Recordkeeping Reporting Maintenance DPF Notifications Monitoring Permits
EPA--- [390]Facility Response Plan (FRP) Rulepage---KEYWORDS: Spill/Discharge
A Facility Response Plan (FRP) demonstrates a facility's preparedness to respond to a worst case oil discharge. Under the Clean Water Act, as amended by the Oil Pollution Act, certain facilities that store and use oil are required to prepare and submit these plans.KEYWORDS: Spill/Discharge
EPA--- [391]Diesel Fuel With A Sulfur Content Greater Than .05 Percent By Weight------KEYWORDS: Emissions Monitoring
{Diesel made before 1996 had a very high content of sulfur that resulted in emission of high levels of toxins into the air. It's call High Sulfur Diesel. For that reason diesel engines that still use that fuel require continuous emissions monitoring to ensure the emissions filtering devices and controls on the engine are working and to alarm appropriate personnel when they are not.

Why is this important? The EPA indicates in their Continuous Emissions Monitoring Fact Sheet under To Whom Do These Requirements Apply? that new units {engines built in 1996 or after} require continuous emissions monitoring unless they use diesel fuel with a sulfur content that is .05 percent by weight or less. There are three basic types of diesel fuel. They are 1) high sulfur diesel, 2) low sulfur diesel (LSD), and 3) ultra-low sulfur diesel (ULSD). Diesel has a sulfur content that is much higher than .05 percent by weight. Low sulfur diesel has a sulfur content that is .05 percent by weight or less and ultra-low sulfur diesel has a sulfur content that is even lower than that. The EPA says in their Diesel Fuel page that "Ultra Low Sulfur Diesel (ULSD) fuel will be phased in for nonroad, locomotive, and marine (NRLM) engines from 2007-2014." Therefore by 2014 you should only be using ultra-low sulfur diesel and not need continuous emissions monitoring.}KEYWORDS: Emissions Monitoring
EPA--- [392]Guidance- Ch 1: Introduction (1.7mb)---pdfKEYWORDS: SPCC Plan
{Please see link for referenced information.}KEYWORDS: SPCC Plan
EPA--- [393]Guidance- Ch 2: SPCC Rule Applicability (2mb)---pdfKEYWORDS: SPCC Plan
{Please see link for referenced information.}KEYWORDS: SPCC Plan
EPA--- [394]Guidance- Ch 3: Environmental Equivalence (1mb)---pdfKEYWORDS: SPCC Plan
{Please see link for referenced information.}KEYWORDS: SPCC Plan
EPA--- [395]Guidance- Ch 4: Secondary Containment and Impracticability (2mb) ---pdfKEYWORDS: SPCC Plan Containment
{Please see link for referenced information.}KEYWORDS: SPCC Plan Containment
EPA--- [396]Guidance- Ch 5: Oil/Water Separators (1.4mb)---pdfKEYWORDS: SPCC Plan
{Please see link for referenced information.}KEYWORDS: SPCC Plan
EPA--- [397]Guidance- Ch 6: Facility Diagram and Description (1.5mb)---pdfKEYWORDS: SPCC Plan
{Please see link for referenced information.}KEYWORDS: SPCC Plan
EPA--- [398]Guidance- Ch 7: Inspections, Evaluation, and Testing (1.5mb)---pdfKEYWORDS: SPCC Plan
{Please see link for referenced information.}KEYWORDS: SPCC Plan
EPA--- [399]Guidance for Regional Inspectors (32mb)---pdfKEYWORDS: SPCC Plan
{P&D NOTE: Please use the link to get the referenced document. Below is EPA's discaimer regarding this document.}

Disclaimer
This document provides guidance to EPA inspectors, to owners and operators of facilities that may be subject to the requirements of the Spill Prevention, Control, and Countermeasure (SPCC) rule (40 CFR Part 112) and to the general public on how EPA intends the SPCC rule to be implemented. The guidance is designed to facilitate nationally-consistent implementation of the SPCC rule.

The statutory provisions and EPA regulations described in this guidance document contain legally binding requirements. This guidance document does not substitute for those provisions or regulations, nor is it a regulation itself. In the event of a conflict between the discussion in this document and any statute or regulation, this document would not be controlling. The guidance does not impose legally binding requirements on EPA or the regulated community, and might not apply to a particular situation based upon the circumstances. The word “should as used in this guidance is intended solely to recommend or suggest, in contrast to “must or “shall which are used when restating regulatory requirements. Similarly, model SPCC Plans in Appendices D, E, and F, as well as examples of SPCC Plan language in the guidance, are provided as suggestions and illustrations only. While this guidance document indicates EPA's preferred approach to assure effective implementation of legal requirements, EPA retains the discretion to adopt approaches on a case-by-case basis that differ from this guidance where appropriate. Any decisions regarding a particular facility will be made based on the statute and regulations.

References or links to information cited throughout this guidance are subject to change. Rule provisions and addresses provided in this guidance are current as of August 2013. This guidance is a living document and may be revised periodically without public notice. This document will be revised, as necessary, to reflect any relevant future regulatory amendments. Interested parties are free to raise questions and objections about the substance of this guidance and the appropriateness of the application of this guidance to a particular situation. EPA welcomes public comments on this document at any time and will consider those comments in any future revision of this guidance document.KEYWORDS: SPCC Plan
EPA--- [400]Loading/Unloading (fuel transfer) Area Containment (2009 Amendment)htm---KEYWORDS: Containment Fuel/Oil Loading/Unloading
{The following excerpts are from the 2009 Amendment to CFR 40._.1.D.112 issued by the Environmental Protection Agency (EPA). We are providing them here to clarify the requirement for owners and operators to provide secondary containment at non-rack loading/unloading areas (areas where tank truck is positioned while transferring oil or diesel fuel to a storage tank). The Amendment was issued to clarify numerous different items. It just so happened that while clarifying the requirements for Loading/Unloading Rack areas to have secondary containment, misunderstandings relating to whether secondary containment at non-Loading/Unloading Rack areas is required was also clarified. NOTE: Underlines and highlighting have been added to make it easier to find pertinent language. They are not part of the original amendment text.}
Loading/Unloading Rack- POWERandDATA.info
Loading/Unloading Rack, Secondary Containment Not Visible
Aboveground Tank (No Rack)- POWERandDATA.info
Loading/Unloading (No Rack), Secondary Containment includes berm beyond.
(Start excerpt)
F. Loading/Unloading Racks   (End excerpt)

(Start of excerpt)
Commenters raised concerns that, because of the new loading/ unloading rack definition, many transfer operations (particularly those at rural facilities with no gangways or fixed loading arms) will not be regulated under the SPCC rule. The Agency disagrees with this assertion. Although the Agency intends the definition of loading/ unloading rack to clearly delineate those facilities subject to the Sec. 112.7(h) regulatory requirements (such as sized secondary containment), any otherwise regulated SPCC facility will still be subject to the general secondary containment requirements under Sec. 112.7(c) for all areas where oil is transferred into or out of any regulated container.   (End excerpt)

(Start excerpt)
EPA also is clarifying in this notice that tank cars and tank trucks are only subject to the requirements of Sec. 112.7(h) when conducting loading or unloading operations associated with a loading/unloading rack as defined in this action. Otherwise, they [tank cars and tank trucks] are subject to the general secondary containment requirements at Sec. 112.7(c). In addition, the definition finalized in this action typically will not include oil-filled equipment; however, transfers associated with oil-filled operational equipment where a rack is not present are still required to meet the general containment requirements of Sec. 112.7(c).   (End excerpt) [P&zmp;D Note: Per Page 4-14 of Guidance for Inspectors, generator sets are not considered "oil-filled operational equipment".]

(Start excerpt)
Finally . . . . . . Non-rack transfer areas are required to provide only general secondary containment for the most likely discharge, as discussed in Section V.H in this action, and may include active containment measures, such as response action or sorbent deployment. This interpretation is consistent with the approach EPA has taken with other exempt containers at an otherwise regulated SPCC facility. For example, in the preamble to the December 2006 amendments, EPA noted that although the amendment provided an exemption for motive power containers, the oil transfer activities to or from motive power containers occurring within an SPCC-regulated facility continue to be regulated (71 FR 77283, December 26, 2006). Consistent with the preamble to the December 2006 amendments, the Agency is therefore clarifying that at an SPCC-regulated facility, Sec. 112.7(h) (including the sized secondary containment provision) applies to transfers at any loading/unloading rack associated with any type of container, including one that is exempted from the rule, as long as the loading/unloading rack meets the definition finalized in this notice. A transfer not associated with a loading or unloading rack is subject to the general secondary containment provision at Sec. 112.7(c). No rule change is needed to clarify this point, because a rule amendment to exempt a loading/unloading rack associated with an UST was never proposed or finalized. This clarification is intended to correct preamble language that was inconsistent with the Agency's position on other exempt containers and their associated transfer activities.

3. Exclusions

EPA is . . . . . . . . not apply.

Oil transfer areas, such as loading/unloading areas at farms and oil production facilities that are subject to the SPCC rule, nevertheless remain subject to the general secondary containment requirements of Sec. 112.7(c). As EPA states in the SPCC Guidance for Regional Inspectors, Areas where oil is transferred but no loading or unloading rack is present are subject to Sec. 112.7(c), and thus appropriate containment and/or diversionary structures are required. EPA does not require specifically sized containment for transfer areas; however, containment size must be based on good engineering practice.   (End excerpt)

KEYWORDS: Containment Loading/Unloading
EPA--- [401]Loading/Unloading Area Containment #1 Issue (presentation)---pdfKEYWORDS: Spill/Discharge Fuel/Oil
{P&D NOTE: This link takes you to an EPA presentation on the top 5 issues of 2010. Loading/Unloading area containmnet is presented as their #1 issue.}KEYWORDS: Spill/Discharge Fuel/Oil
EPA--- [402]Monitoring, Reporting, and Recordkeeping Requirementspage---KEYWORDS: Emissions Monitoring
{See link.} KEYWORDS: Emissions Monitoring
EPA--- [403]National Ambient Air Quality Standards for Particulate Matter; Final Rule---pdfKEYWORDS: Emissions
SUMMARY: Based on its review of the air quality criteria and the national ambient air quality standards (NAAQS) for particulate matter (PM), the EPA is making revisions to the suite of standards for PM to provide requisite protection of public health and welfare and to make corresponding revisions to the data handling conventions for PM and to the ambient air monitoring, reporting, and network design requirements. The EPA also is making revisions to the prevention of significant deterioration (PSD) permitting program with respect to the NAAQS revisions .

[P&D NOTE: See link for full document.]
[P&D NOTE: For permit deadline dates see Section 52.21 on page 197 at link.]
{P&D NOTE: Also see Particle Pollution Monitoring, Designations, and Permitting Requirements.}KEYWORDS: Emissions
EPA--- [404]Oil Spill Prevention, Control, and Countermeasures (SPCC) Programhtml---KEYWORDS: SPCC Plan Fuel/Oil SPCC Plan
In 1973, EPA issued the Oil Pollution Prevention regulation to address the oil spill prevention provisions contained in the Clean Water Act of 1972. The regulation forms the basis of EPA's oil spill prevention, control, and countermeasures, or SPCC, program, which seeks to prevent oil spills from certain aboveground and underground storage tanks.KEYWORDS: SPCC Plan Fuel/Oil SPCC Plan
EPA--- [405]Oil Spill Response Techniquespage---KEYWORDS: Spill/Discharge Fuel/Oil
A number of advanced response mechanisms are available for controlling oil spills and minimizing their impacts on human health and the environment. Damage to spill-contaminated shorelines and dangers to other threatened areas can be reduced by timely and proper use of containment and recovery equipment. The following techniques may be used during an oil spill:
  • Mechanical containment or recovery is the primary line of defense against oil spills in the United States. Containment and recovery equipment includes a variety of booms, barriers, and skimmers, as well as natural and synthetic sorbent materials. Mechanical containment is used to capture and store the spilled oil until it can be disposed of properly.

  • Chemical and biological methods can be used in conjunction with mechanical means for containing and cleaning up oil spills. Dispersing agents and gelling agents are most useful in helping to keep oil from reaching shorelines and other sensitive habitats. Biological agents have the potential to assist recovery in sensitive areas such as shorelines, marshes, and wetlands. Subpart J of the National Contingency Plan (NCP) establishes the process for authorizing the use of dispersants and other chemical response agents. Subpart J also includes the NCP Product Schedule, which is the federal government's listing of chemical countermeasures that are available for use during or after an oil spill response.

  • Physical methods are used to clean up shorelines. Natural processes such as evaporation, oxidation, and biodegradation can start the cleanup process, but are generally too slow to provide adequate environmental recovery. Physical methods such as wiping with sorbent materials, pressure washing, and raking and bulldozing can be used to assist these natural processes.

Scare tactics are used to protect birds and animals by keeping them away from oil spill areas. Devices such as propane scare-cans, floating dummies, and helium-filled balloons are often used, particularly to keep away birds.KEYWORDS: Spill/Discharge Fuel/Oil
EPA--- [406]Oil Spillspage---KEYWORDS: Spill/Discharge Fuel/Oil
EPA seeks to prevent, prepare for, and respond to oil spills that occur in and around inland waters of the United States. EPA is the lead federal response agency for oil spills occurring in inland waters, and the U.S. Coast Guard is the lead response agency for spills in coastal waters and deepwater ports.KEYWORDS: Spill/Discharge Fuel/Oil
EPA--- [407]Particle Pollution Monitoring, Designations, and Permitting Requirements ---pdfKEYWORDS: Emissions
EPA and states have issued a number of rules that will help states meet the revised standards by making significant strides toward reducing fine particle pollution.

P&D NOTE: At the link you can see the following:

  • EPA's monitoring device system (Page-1)
  • EPA's implementation timeline (Page-2)
  • EPA's permitting requiremets and Grandfather provision (Page-3)
KEYWORDS: Emissions
EPA--- [408]Particulate Matter (PM) - Basic Informationpage---KEYWORDS: Emissions
{P&D NOTE: Sources of particulate matter include combustion particles produced by diesel fueled generators. See link for details.}KEYWORDS: Emissions
EPA--- [409]Particulate Matter (PM) - Fast Factspage---KEYWORDS: Emissions
  • Particles that are less than 2.5 micrometers in diameter are known as "fine" particles; those larger than 2.5 micrometers, but less than 10 micrometers, are known as "coarse" particles.
  • Fine particles are easily inhaled deep into the lungs where they may accumulate, react, be cleared or absorbed.
  • Scientific studies have linked particle pollution, especially fine particles, with a series of significant health problems, including:
    • premature death in people with heart or lung disease,
    • nonfatal heart attacks,
    • irregular heartbeat,
    • aggravated asthma,
    • decreased lung function, and
    • increased respiratory symptoms, such as irritation of the airways, coughing or difficulty breathing.
  • Particle pollution can cause coughing, wheezing, and decreased lung
    • Studies estimate that thousands of elderly people die prematurely each year from exposure to fine particles.
    • The average adult breathes 3,000 gallons of air per day.
    • According to the American Academy of Pediatrics, children and infants are among the most susceptible to many air pollutants. Children have increased exposure compared with adults because of higher minute ventilation and higher levels of physical activity.
    • Fine particles can remain suspended in the air and travel long distances. For example, a puff of exhaust from a diesel truck in Los Angeles can end up over the Grand Canyon.
    • Some of the pollutants which form haze have also been linked to serious health problems and environmental damage.
    • Particle pollution settles on soil and water and harms the environment by changing the nutrient and chemical balance.
    • Particle pollution, unlike ozone, can occur year-round.
    • People can reduce their exposure to air pollution by checking their daily air quality forecast and adjusting strenuous outdoor activities when an unhealthy AQI is forecast.
    KEYWORDS: Emissions
EPA--- [410]Particulate Matter (PM) - Referencespage---KEYWORDS: Emissions
"Particulate matter", also known as particle pollution or PM, is a complex mixture of extremely small particles and liquid droplets. Particle pollution is made up of a number of components, including acids (such as nitrates and sulfates), organic chemicals, metals, and soil or dust particles.

{P&D NOTE: See link for details.}KEYWORDS: Emissions
EPA--- [411]Recordkeeping required by Owners & Operatorshtm---KEYWORDS: Spill/Discharge Recordkeeping
{P&D NOTE: The following is an excerpt from the 2009 Ammendment to CFR 40._.1.D.112 issued by the Environmental Protection Agency (EPA). See link. It is provided to clarify the requirement for owners and operators to document visual inspections. }

(Start of excerpt)
7. Required Recordkeeping

The SPCC regulations require that inspections and tests be conducted in accordance with the written procedures that the owner or operator or the certifying PE develop for the facility and that records of inspections and testing be kept with the SPCC Plan in accordance with the recordkeeping provisions of Sec. 112.7(e). EPA believes that visual inspection that is part of the periodic maintenance of the bulk storage container's support and foundation must be documented. Records of inspections and tests kept under usual and customary business practices will suffice. To take advantage of this alternative option for AFVOs, the owner or operator or PE should refer to the appropriate requirements under 21 CFR part 110 to develop an appropriate inspection, evaluation, and testing program for an SPCC-regulated facility.(End of excerpt)KEYWORDS: Spill/Discharge Recordkeeping
EPA--- [412]Reporting Requirementspage---KEYWORDS: Spill/Discharge Reporting
The top priority of EPA's Emergency Management program is to eliminate any danger to the public and the environment posed by hazardous substance releases and oil spills. Any person or organization responsible for a release or spill is required to notify the federal government when the amount reaches a federally-determined limit. Separate reporting requirements exist for:

  • Oil spills

  • Hazardous substance releases

States also may have separate reporting requirements. However, anybody who discovers a hazardous substance release or oil spill is encouraged to contact the federal government, regardless of whether they are the responsible party. All it takes is a single telephone call to the National Response Center at (800) 424-8802.KEYWORDS: Spill/Discharge Reporting
EPA--- [413]SPCC Plan- Clarifying Ammendment (full text at link)htm---KEYWORDS: SPCC Plan Fuel/Oil
SUMMARY: On December 5, 2008, EPA amended the Spill Prevention Control, and Countermeasures (SPCC) rule {CFR 40._.1.D.112} to provide increased clarity with respect to specific regulatory requirements, to tailor requirements to particular industry sectors, and to streamline certain rule requirements. The Agency subsequently delayed the effective date of these amendments to January 14, 2010, to allow the Agency time to review the amendments to ensure that they properly reflect consideration of all relevant facts. . . For table of contents and full ammendment language go to the link.KEYWORDS: SPCC Plan Fuel/Oil
EPA--- [414]CI   (definition)page---KEYWORDS: Emissions
Compression Ignition (diesel) KEYWORDS: Emissions
EPA--- [415]Emergency Engine  (definition)page---KEYWORDS: Emissions
Engines located at residential, institutional, or commercial area sources, used or obligated to be available ≤15 hr/yr for emergency demand response, and not used for local reliability. Engine must meet Subpart ZZZZ emergency engine operational requirements:
  1. Unlimited use for emergencies (e.g., power outage, fire, flood)
  2. Emergency engines may operate for 100 hr/yr for any combination of the following:
    1. maintenance/testing;
    2. emergency demand response (in situations when a blackout is imminent – either the reliability coordinator has declared an Energy Emergency Alert Level 2 as defined in the North American Reliability Corporation (NERC) Reliability Standard; or there is a deviation of voltage or frequency of 5 percent or greater below standard voltage or frequency);
    3. 50 hr/yr of the 100 hr/yr allocation can be used for:
      1. non-emergency situations if no financial arrangement.
      2. local reliability as part of a financial arrangement with another entity if specific criteria met (existing RICE at area sources of HAP only).
      3. peak shaving until May 3, 2014 (existing RICE at area sources of HAP only) if part of a peak shaving (load management) program with the local distribution system operator and the power is provided only to the facility or to support the local distribution system.KEYWORDS: Emissions
EPA--- [416]Non-Emergency Engine  (definition)page---KEYWORDS: Emissions
{P D: Based on the EPA's explanation of an "emergency engine" at this link we interpret a "non-emergency engine" as not used or obligated to be available ≤15 hr/yr for emergency demand response, and may be used for local reliability.}KEYWORDS: Emissions
EPA--- [417]HAP  (definition)page---KEYWORDS: Emissions
Hazardous Air PollutionKEYWORDS: Emissions
EPA--- [418]RICE  (definition)page---KEYWORDS: Emissions
Reciprocating Internal Combustion EnginesKEYWORDS: Emissions
EPA--- [419]SI  (definition)page---KEYWORDS: Emissions
Spark Ignition (gas including natural gas, landfill gas, gasoline, propane, etc.)KEYWORDS: Emissions
EPA--- [420]Source  (definition)page---KEYWORDS: Emissions
{Something that has the potential to emit pollutants. The EPA breaksdown "sources" into two categories. 1) "area source" and 2) "major source".}KEYWORDS: Emissions
EPA--- [421]Source - "Area Source"  (definition)page---KEYWORDS: Emissions
Any stationary source of hazardous air pollutants (HAP) that is not a major source. (An "area source" has the potential to emit less than 10 tons of pollutants annually of a single hazardous air pollutant (HAP) or less than 25 tons annually of any combination of HAP)KEYWORDS: Emissions
EPA--- [422]Source - "Major Source"  (definition)page---KEYWORDS: Emissions
A major source emits or has the potential to emit 10 tons per year or more of any hazardous air pollutant (HAP) or 25 tons per year or more of any combination of HAP.KEYWORDS: Emissions
EPA--- [423]Presentation: Top 10 Misconceptions About SPCC---pdfKEYWORDS: SPCC Plan Self-Certify
The EPA clarified the following topics at their April 29th, 2009 symposium:

  • History of SPCC
  • Misconception #1: Facilities must use permanent containment structures in all cases to provide general secondary containment
  • Misconception #2: All of the containers and equipment at a production facility are subject to the production requirements
  • Misconception #3: When looking at the SPCC oil discharge criteria, you must count the total amount of oil spilled
  • Misconception #4: The SPCC Rule unnecessarily focuses too much on small, inconsequential discharges
  • Misconception #5: The requirement that a professional engineer (PE) must certify an SPCC Plan is overly burdensome
  • Misconception #6: A loading/unloading rack or transfer area associated with an exempt underground storage tank (UST) is out of the SPCC regulations
  • Misconception #7: Fifty-five gallon drums are out of the SPCC regulations
  • Misconception #8: Oil/water separators (OWSs) are always out of the SPCC regulations
  • Misconception #9: Oil-filled equipment and associated fuel storage are always out of the SPCC regulations
  • Misconception #10: There is no need to worry about the SPCC requirements before July 1, 2009
KEYWORDS: SPCC Plan Self-Certify
ITERNATIONAL Fire CODE (IFC)International Fire Code (IFC)htm---KEYWORDS: General
Introduction

Internationally, code officials recognize the need for a modern, up-to-date fire code addressing conditions hazardous to life and property from fire, explosion, handling or use of hazardous materials and the use and occupancy of buildings and premises. The International Fire Code®, in this 2012 edition, is designed to meet these needs through model code regulations that safeguard the public health and safety in all communities, large and small.

This comprehensive fire code establishes minimum regulations for fire prevention and fire protection systems using prescriptive and performance-related provisions. It is founded on broad-based principles that make possible the use of new materials and new system designs. This 2012 edition is fully compatible with all of the International Codes® (I-Codes®) published by the International Code Council (ICC)®, including the International Building Code®, International Energy Conservation Code®, International Existing Building Code®, International Fuel Gas Code®, International Green Construction CodeTM (to be available March 2012), International Mechanical Code®, ICC Performance Code®, International Plumbing Code®, International Private Sewage Disposal Code®, International Property Maintenance Code®, International Residential Code®, International Swimming Pool and Spa CodeTM (to be available March 2012), International Wildland-Urban Interface Code® and International Zoning Code®.

The International Fire Code provisions provide many benefits, among which is the model code development process that offers an international forum for fire safety professionals to discuss performance and prescriptive code requirements. This forum provides an excellent arena to debate proposed revisions. This model code also encourages international consistency in the application of provisions. KEYWORDS: General
IFC906.1 [425]Fire Extinguishers in Generator Roomshtm---KEYWORDS: Fire Prot. Fire Extinguishers
906.1 Where required.
Portable fire extinguishers shall be installed in the following locations.
  1. In new and existing Group A, B, E, F, H, I, M, R-1, R-2, R-4 and S occupancies.

    Exception: In Group R-2 occupancies, portable fire extinguishers shall be required only in locations specified in Items 2 through 6 where each dwelling unit is provided with a portable fire extinguisher having a minimum rating of 1-A:10-B:C.

  2. Within 30 feet (9144 mm) of commercial cooking equipment.

  3. In areas where flammable or combustible liquids are stored, used or dispensed.

  4. On each floor of structures under construction, except Group R-3 occupancies, in accordance with Section 3315.1.

  5. Where required by the sections indicated in Table 906.1.

  6. Special-hazard areas, including but not limited to laboratories, computer rooms and generator rooms, where required by the fire code official.
  7. KEYWORDS: Fire Prot. Fire Extinguishers
ITERNATIONAL MECHANICAL CODE (IMC)International Mechanical Code (IMC)htm---KEYWORDS: General
Internationally, code officials recognize the need for a modern, up-to-date mechanical code addressing the design and installation of mechanical systems through requirements emphasizing performance. The International Mechanical Code® is designed to meet these needs through model code regulations that safeguard the public health and safety in all communities, large and small.

This comprehensive mechanical code establishes minimum regulations for mechanical systems using prescriptive and performance-related provisions. It is founded on broad-based principles that make possible the use of new materials and new mechanical designs.KEYWORDS: General
IMC1300 [427]Fuel Oil Piping and StoragehtmpdfKEYWORDS: Fuel Oil Tanks
This chapter shall govern the design, installation, construction and repair of fuel-oil storage and piping systems. The storage of fuel oil and flammable and combustible liquids shall be in accordance with Chapters 6 and 57 of the International Fire Code.KEYWORDS: Fuel Oil Tanks
IMC1305.6 [428]Design to Minimize Spilling When the Filling Hose Disconnected ("Spill Bucket")htmpdfKEYWORDS: Fuel Oil Tanks Spill/Discharge Filling Spill Bucket
1305.6 Fill Piping.
A fill pipe shall terminate outside of a building at a point at least 2 feet (610 mm) from any building opening at the same or lower level. A fill pipe shall terminate in a manner designed to minimize spilling when the filling hose is disconnected.Fill opening shall be equipped with a tight metal cover designed to discourage tampering.KEYWORDS: Fuel Oil Tanks Spill/Discharge Filling Spill Bucket
IMC1305.6 [429]Fill Pipe CaphtmpdfKEYWORDS: Fuel Oil Tanks Security Filling
1305.6 Fill Piping.
A fill pipe shall terminate outside of a building at a point at least 2 feet (610 mm) from any building opening at the same or lower level. A fill pipe shall terminate in a manner designed to minimize spilling when the filling hose is disconnected. Fill opening shall be equipped with a tight metal cover designed to discourage tampering.KEYWORDS: Fuel Oil Tanks Security Filling
IMC1308.1 [430]Testing Fuel Oil PipinghtmpdfKEYWORDS: Fuel Oil Tanks Testing
1308.1 Testing required.
Fuel oil piping shall be tested in accordance with NFPA 31 {Standard for the Installation of Oil-Burning Equipment}. KEYWORDS: Fuel Oil Tanks Testing
NATIONAL FIRE PROTECTION AGENCY (NFPA)National Fire Protection Association (NFPA)page---KEYWORDS: General
{NFPA publishes numerous different codes and standards. Some of the most widely used are:

  • NFPA 1, Fire Code: Provides requirements to establish a reasonable level of fire safety and property protection in new and existing buildings.
  • NFPA 54, National Fuel Gas Code: The safety benchmark for fuel gas installations.
  • NFPA 70®, National Electric Code®: The world's most widely used and accepted code for electrical installations.
  • NFPA 101®, Life Safety Code®: Establishes minimum requirements for new and existing buildings to protect building occupants from fire, smoke, and toxic fumes.

P&D NOTE:   NFPA provides free online access to its codes and standards. They can be accessed at the link. However, the free access version can be slow and difficult to use. A fee is required in order to have access to the faster and easier to use online versions, to download them, or purchase paper versions.}KEYWORDS: General
NFPA30 [432]Flammable and Combustible Liquids page---KEYWORDS: Safety
{P&D NOTE:   NFPA provides free online access to this regulation in a read-only format. It can be accessed at the link. However, the free access version can be slow and difficult to use. A fee is required in order to have access to the faster and easier to use online versions, to download them, or purchase paper versions.}KEYWORDS: Safety
NFPA37 [433]Installation and Use of Stationary Combustion Engines and Gas Turbinespage---KEYWORDS: Safety
{P&D NOTE:   NFPA provides free online access to this regulation in a read-only format. It can be accessed at the link. However, the free access version can be slow and difficult to use. A fee is required in order to have access to the faster and easier to use online versions, to download them, or purchase paper versions.}KEYWORDS: Safety
NFPA70 [434]National Electrical Codepage---KEYWORDS: Safety
{P&D NOTE:   NFPA provides free online access to this regulation in a read-only format. It can be accessed at the link. However, the free access version can be slow and difficult to use. A fee is required in order to have access to the faster and easier to use online versions, to download them, or purchase paper versions.}KEYWORDS: Safety
NFPA99 [435]Essential Electrical Systems for Health Care Facilitiespage---KEYWORDS: Safety
{P&D NOTE:   NFPA provides free online access to this regulation in a read-only format. It can be accessed at the link. However, the free access version can be slow and difficult to use. A fee is required in order to have access to the faster and easier to use online versions, to download them, or purchase paper versions.}KEYWORDS: Safety
NFPA110 [436]Emergency and Standby Power Systemspage---KEYWORDS: Safety
{P&D NOTE:   NFPA provides free online access to this regulation in a read-only format. It can be accessed at the link. However, the free access version can be slow and difficult to use. A fee is required in order to have access to the faster and easier to use online versions, to download them, or purchase paper versions.}KEYWORDS: Safety
NFPA704 [437]Warning Placard Requirements---pdfKEYWORDS: Safety Fuel Tanks Fuel/Oil Safety Markings
Whenever large amounts of hazardous materials are being stored and used, warning placards are required. These placards act as an immediate warning system for emergency service personnel, helping them identify the kinds of materials present and the dangers they pose. See link for general requirements and example.KEYWORDS: Safety Fuel Tanks Fuel/Oil Safety Markings
NFPA704 [438]Flamable and Combustible Liquids (NFPA)---pdfKEYWORDS: Safety Fuel Tanks Fuel/Oil Safety
Flammable Liquids
The National Fire Protection Association defines flammable liquids as any liquid having a flash point below 100°F and having a vapor pressure exceeding 2068.6 mm Hg (40 psia) at 100°F.

Class IA — flash point below 73°F and Boiling Point (B.P). at or below 100°F
Class IB — flash point below 73°F and B.P. above 100°F
Class IC — flash point at or above 73°F, but below 100°F

Combustible Liquids
The National Fire Protection Association defines combustible liquids as any liquid having a flash point at or above 100°F

Class II — flash point at or above 100°F, but below 140°F.
Class IIIA — flash point at or above 140°F, but below 200°F.
Class IIIB — flash point at or above 200°F.
KEYWORDS: Safety Fuel Tanks Fuel/Oil Safety
Occupational Safety Health Administration (OSHA)Occupational Safety Health Administration (OSHA)html---KEYWORDS: Safety
This page contains links to all current OSHA standards, provides information on the rulemaking process used to develop workplace health and safety standards, and includes links to all Federal Register notices that are currently open for comment. This page also provides links to the Occupational Safety and Health Act of 1970 (OSH Act) and other relevant laws. Finally, this page includes resources to explore the Federal Register, the Code of Federal Regulations, and RegInfo.gov the federal government's public portal for all agency regulatory information.KEYWORDS: Safety
OSHA1910 [440]Portable Fire Extinguishers (Guide that ref's CFR)html---KEYWORDS: Fire Prot. Fire Extinguishers
The requirements of this section apply to the placement, use, maintenance, and testing of portable fire extinguishers provided for the use of employees.

{P&D NOTE: For details see link.}KEYWORDS: Fire Prot. Fire Extinguishers
OSHA1910.157 [441]Portable Fire Extinguishers (Standard that ref's CFR)page---KEYWORDS: Fire Prot. Fire Extinguishers
The requirements of this section apply to the placement, use, maintenance, and testing of portable fire extinguishers provided for the use of employees. Paragraph (d) of this section does not apply to extinguishers provided for employee use on the outside of workplace buildings or structures. Where extinguishers are provided but are not intended for employee use and the employer has an emergency action plan and a fire prevention plan that meet the requirements of 29 CFR 1910.38 and 29 CFR 1910.39 respectively, then only the requirements of paragraphs (e) and (f) of this section apply.KEYWORDS: Fire Prot. Fire Extinguishers
SOUTH COAST AIR QUALITY MANAGEMENT DDISTRICT (SCAQMD)South Coast Air Quality Management District (SCAQMD)page---KEYWORDS: Emissions
SCAQMD is the air pollution control agency for all of Orange County and the urban portions of Los Angeles, Riverside and San Bernardino counties, the smoggiest region of the U.S. We are committed to protecting the health of residents, while remaining sensitive to businesses.KEYWORDS: Emissions
SCAQMD [443]Rules & Regulationspage---KEYWORDS: Emissions
{AQMD regulations are made up of over 3,000 rules. They are divided into over 20 numbered categories and subnumbered accordingly. See full list at link.}KEYWORDS: Emissions
SCAQMDRule 206 [444]Posting of Permit to Operate ---pdfKEYWORDS: Emissions
(a) A person granted a permit under Rule 202 or 203 shall not operate or use any equipment unless the entire permit to operate or a legible facsimile of the entire permit is affixed upon the equipment in such manner that the permit number, equipment description, and the specified operating conditions are clearly visible and accessible. In the event that the equipment is so constructed or operated that the permit to operate or a legible facsimile cannot be so placed, the entire permit to operate or the legible facsimile of the entire permit shall be mounted so as to be clearly visible in an accessible place within 8 meters (26 feet) of the equipment, or as otherwise approved in writing by the Executive Officer.

(b) Notwithstanding subdivision (a), a facility permitshall be kept at the location for which it is issued, and be made available to authorized District personnel, upon request. KEYWORDS: Emissions
WIKIPEDIAWikipediaKEYWORDS: General
KEYWORDS: General
--- [446]Flash Point  (definition)KEYWORDS: Safety
The flash point of a volatile material is the lowest temperature at which it can vaporize to form an ignitable mixture in air. Measuring a flash point requires an ignition source. At the flash point, the vapor may cease to burn when the source of ignition is removed.

The flash point is not to be confused with the autoignition temperature, which does not require an ignition source, or the fire point, the temperature at which the vapor continues to burn after being ignited. Neither the flash point nor the fire point is dependent on the temperature of the ignition source, which is much higher.

The flash point is often used as a descriptive characteristic of liquid fuel, and it is also used to help characterize the fire hazards of liquids. “Flash point” refers to both flammable liquids and combustible liquids. There are various standards for defining each term. Liquids with a flash point less than 60.5 or 37.8 °C (140.9 or 100.0 °F) — depending upon the standard being applied — are considered flammable, while liquids with a flash point above those temperatures are considered combustible.

Examples:



{For more see link.}KEYWORDS: Safety
Agency Number INDEX Item Web PDF
Copyright © 2013- Power & Data