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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.

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KEYWORDS: General

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Click the SPEEDNAV  button above to learn about tools that will make your navigation much faster.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

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

This Section applies to fuel tanks that contain flamable liquids, which includes diesel fuel used by generators.KEYWORDS: Fuel Tanks

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

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

(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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Barrel shall mean a volume of 42 U.S. gallons.KEYWORDS: Fuel Tanks Definitions

Container shall mean any can, barrel, or drum.KEYWORDS: Fuel Tanks Definitions

Tanks designed for underground service not exceeding 2,500 gallons capacity may be used aboveground.KEYWORDS: Fuel Tanks

Low-pressure tanks and pressure vessels may be used as atmospheric tanks.KEYWORDS: 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The walls of the diked area shall be restricted to an average height of 6 feet above interior gradeKEYWORDS: Containment Fuel Tanks

No loose combustible material, empty or full drum or barrel, shall be permitted within the diked area.KEYWORDS: Containment Fuel Tanks

Openings for gaging shall be provided with a vaportight cap or cover.KEYWORDS: 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

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

{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

{P&D NOTE: Please see link for this information.}KEYWORDS: 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

Piping, valves, and fittings may have combustible or noncombustible linings.KEYWORDS: 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

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

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

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

For this language please go directly to the source at one of the links provided.KEYWORDS: Fuel Tanks Fuel Tanks

This subPart applies to general environmental controls.KEYWORDS: Fuel Tanks Fuel Tanks

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.

[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

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

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

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

Class D fire means a fire involving combustible metals such as magnesium, titanium, zirconium, sodium, lithium and potassium.KEYWORDS: 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

Dry powder means a compound used to extinguish or control Class D fires.KEYWORDS: 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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.

(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

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

[P&D NOTE: This SubPart provides the basis for electrical codes]KEYWORDS: 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

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

(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

(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

(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

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

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

National primary and secondary ambient air quality standards under section 109 of the Act are set forth in this part.KEYWORDS: Emissions Engines

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

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

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

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

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

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

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

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

{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

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

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

Affected Facility means, with reference to a stationary source, any apparatus to which a standard is applicable.KEYWORDS: Emissions Definitions

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

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

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

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

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

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

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

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

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

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

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

Stationary Source  means any building, structure, facility, or installation which emits or may emit any air pollutant.KEYWORDS: Emissions

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

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

Standards of Performance for Stationary Compression Ignition Internal Combustion EnginesKEYWORDS: Emissions

Stationary CI internal combustion engine manufacturers must certify . . .KEYWORDS: Emissions

Stationary CI internal combustion engine manufacturers must certify . . .KEYWORDS: 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

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

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

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

(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

(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

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

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

(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

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

Table 8 to this subpart shows which parts of the General Provisions in §§ 60.1 through 60.19 apply to you.KEYWORDS: Emissions

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

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

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

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

{Links to this Section are provided because it is referenced by other parts of the CFR.}KEYWORDS: Emissions

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

(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

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

{See link for details.}KEYWORDS: Emissions Permits

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

Unit means a fossil fuel-fired combustion device.KEYWORDS: Emissions

Utility means any person that sells electricity.KEYWORDS: Emissions

Utility Unit means a unit owned or operated by a utility:KEYWORDS: 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

The purpose of this part is to establish requirements for the monitoring, recordkeeping, and reporting of sulfur dioxide (SO₂), nitrogen oxides (NO_X), 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 NO_X mass emissions with which EPA, individual States, or groups of States may require sources to comply in order to demonstrate compliance with a NO_X mass emission reduction program, to the extent these provisions are adopted as requirements under such a program.KEYWORDS: 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

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

Nonroad (NR) Diesel Fuel means any NRLM diesel fuel that is not locomotive or marine (LM) diesel fuel.KEYWORDS: Emissions

(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

What defenses apply to persons deemed liable for a violation of a prohibited act under this subpart? {See link.}KEYWORDS: Emissions Fuel/Oil

{See links.}KEYWORDS: Emissions

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

Compression-ignition means relating to a type of reciprocating, internal combustion engine that is not a spark ignition engine. KEYWORDS: Emissions Definitions

Constant-speed engine means an engine that is governed to operate only at rated speed. KEYWORDS: 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

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

Engine, as used in this part, refers to nonroad engine.KEYWORDS: 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

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

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

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

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

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

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

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

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

Nonroad Equipment means equipment that is powered by nonroad engines.KEYWORDS: 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

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

Opacity means the fraction of a beam of light, expressed in percent, which fails to penetrate a plume of smoke.KEYWORDS: 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

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

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

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

KEYWORDS: Emissions Definitions

KEYWORDS: Emissions Definitions

KEYWORDS: Emissions Definitions

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

The following acronyms and abbreviations apply to Part 89:
KEYWORDS: Emissions Acronyms & Abbreviations Definitions

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

KEYWORDS: Emissions

[This Part addresses the] Control of Emissions from Nonroad Spark-ignition Engines at or Below 19 Kilowatts KEYWORDS: Emissions

{Please see links for the specific language referenced here.}KEYWORDS: Emissions Engines Emissions

{Please see links for the specific language referenced here.}KEYWORDS: 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

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

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

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

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

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

Also known as the Clean Water Act.KEYWORDS: Spill/Discharge

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

(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

Applicability, Definitions, and General Requirements for All Facilities and All Types of OilsKEYWORDS: Spill/Discharge Fuel Tanks Fuel/Oil 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

{See link}KEYWORDS: SPCC Plan Fuel Tanks Fuel/Oil SPCC Plan

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

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

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

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

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

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

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

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

(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

{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

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

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

(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

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

(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

(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

(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

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

(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

{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

{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.}
(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

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

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

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

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

Designate a person at each applicable facility who is accountable for discharge prevention and who reports to facility management.KEYWORDS: 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

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

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

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

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

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

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

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

Spill Prevention, Control, and Countermeasure Plan requirements for onshore facilities (excluding production facilities). {See link for details.}KEYWORDS: SPCC Plan

{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

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

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

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

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

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

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