SPCC plans for Virginia facilities
If your Virginia facility stores oil aboveground and could discharge to a creek, storm drain, ditch, or any other water of the United States, federal law most likely requires you to have a Spill Prevention, Control, and Countermeasure (SPCC) plan. The rule lives at 40 CFR Part 112, it is enforced by the U.S. EPA, and it applies in Virginia the same way it applies everywhere else in the country. The plan has to be written, kept on site, and put fully into practice before a spill happens, not after.
At a glance
Managing Member · B.S. Civil Engineering, Georgia Tech · 15+ years in fuel systems · Updated June 2026
Applicability is not decided by a single number. A facility is covered by 40 CFR Part 112 when it is a non-transportation-related facility that stores, uses or transfers oil, its aggregate aboveground oil storage capacity in containers of 55 gallons or more is more than 1,320 gallons (or its completely buried storage is more than 42,000 gallons), and there is a reasonable expectation that a discharge could reach navigable waters or adjoining shorelines. The 1,320-gallon figure is one of those conditions, not the whole test. "Oil" here is broad: gasoline, diesel, used oil, hydraulic and lubricating oils, heating oil, and even some animal and vegetable oils all count. Capacity is measured by tank shell size, not by how much product you happen to be holding, and small containers under 55 gallons are excluded from the count.
Zambrano Enterprises prepares SPCC plans and coordinates Professional Engineer certification when required. We also review and update existing plans for facilities across Virginia. Below is a plain-English walk through who needs a plan, when you can self-certify versus when a Professional Engineer has to sign it, what secondary containment actually requires, and how the federal SPCC rule lines up with Virginia DEQ's own aboveground storage tank and oil-discharge programs.
Who this applies to
- Fuel distributors, terminals, and bulk plants with aboveground tanks in Virginia
- Construction yards, quarries, and contractors storing diesel and used oil on site
- Farms, nurseries, and agribusinesses with aggregate aboveground fuel and oil capacity above 1,320 gallons and a potential discharge route to water
- Manufacturing plants, warehouses, and fleets with bulk lubricant, hydraulic, or heating oil
- Commercial and institutional sites with backup generator day tanks and oil-filled equipment
Who needs an SPCC plan in Virginia
SPCC is a federal rule under the Clean Water Act, so the test is the same in Virginia as in any other state. You are subject to 40 CFR Part 112 if all three of the following are true: you are a non-transportation-related facility, you store, use, or transfer oil, and there is a reasonable expectation that a discharge could reach navigable waters or adjoining shorelines.
That last point matters in Virginia more than people expect. With the Chesapeake Bay watershed, the James, Rappahannock, and dozens of tributaries, plus the storm-drain systems that feed them, very few commercial sites can credibly claim a spill could never reach water. EPA does not let you subtract the effect of containment or drainage controls when you make that judgment; you assume the oil gets out and ask where it would go.
- Aggregate aboveground oil storage capacity above 1,320 gallons at the facility, or
- Completely buried oil storage capacity above 42,000 gallons (note: most regulated USTs fall under separate UST rules instead), and
- A reasonable expectation of discharge to a water of the United States.
Self-certification, Tier I and Tier II, and PE certification
Whether a plan can be self-certified depends on whether the facility meets the qualified-facility criteria in the rule: aggregate aboveground oil storage capacity of 10,000 gallons or less, and the oil-discharge history criteria EPA defines. Qualified facilities can self-certify their own plan, in both Tier I and Tier II. The difference between the two tiers is the facility's characteristics, primarily whether any single aboveground container holds more than 5,000 gallons and the plan format that follows from it, not who signs the plan.
A facility that does not meet the qualified-facility criteria needs a plan reviewed and certified by a licensed Professional Engineer. Either way the substance of the plan has to be right.
- Tier I qualified facility: 10,000 gallons or less aggregate aboveground, no single aboveground container over 5,000 gallons, and the rule's discharge history criteria met. The owner self-certifies on EPA's Appendix G template.
- Tier II qualified facility: 10,000 gallons or less aggregate aboveground and the same discharge history criteria, but with an aboveground container over 5,000 gallons. The owner still self-certifies, using a full plan format rather than the template.
- PE-certified plan: required when the facility does not meet the qualified-facility criteria, including once aggregate aboveground capacity is over 10,000 gallons. A licensed Professional Engineer reviews, certifies and signs.
Not sure where you stand? Send what you have.
A photo, the notice, or a sentence about the site is enough to start. Matt reviews it personally and comes back with the likely path.
Secondary containment is the core of the plan
The heart of every SPCC plan is keeping a spill from leaving the property. The rule requires "sized" secondary containment for bulk storage tanks: the containment must hold the full capacity of the largest single tank plus enough freeboard for precipitation. For most tanks that means a dike, berm, remote impoundment, or a double-walled tank rated for the job.
Beyond the main tanks, the plan has to address "general" containment at the places oil is most likely to escape during normal operations: loading and unloading areas, transfer points, mobile fueling, and oil-filled equipment. The plan also covers inspections, integrity testing, overfill protection, employee training, and the spill-response steps your people follow if something does get out.
- Sized containment for bulk tanks: largest tank's volume plus freeboard for rainfall
- General containment at loading, unloading, and transfer points
- Tank inspection and integrity-testing schedules with records kept on site
- Overfill prevention, drainage controls, and security measures
- Personnel training and a written discharge-response procedure
How SPCC interacts with Virginia DEQ rules
SPCC is federal, but it is not the only oil-storage rule a Virginia facility has to satisfy. Virginia DEQ runs its own programs, and a well-built SPCC plan should be written so it supports compliance with them rather than conflicting.
Virginia regulates aboveground storage tanks at 9VAC25-91, the Facility and Aboveground Storage Tank Regulation. Which parts of it reach a given site is not decided by one number. Registration, pollution prevention standards and Oil Discharge Contingency Plan requirements apply differently depending on the capacity of the individual tanks and the facility's aggregate aboveground storage capacity, so the right question is which of those obligations the site triggers rather than whether it is over a single threshold. Confirm current applicability with DEQ. Separately, Virginia regulates underground storage tanks under 9VAC25-580 and oil-discharge financial responsibility under related chapters. SPCC, the state AST program and the UST program are distinct requirements that can all touch the same site.
- 40 CFR 112 (SPCC): federal, applies above 1,320 gallons aggregate aboveground where a discharge could reach navigable waters; spill prevention and containment
- 9VAC25-91 (Virginia AST program): state; registration, pollution prevention and oil discharge contingency plan requirements that vary with individual tank capacity and the facility's aggregate storage capacity
- 9VAC25-580 (Virginia UST technical regulation): separate program for regulated underground tanks
- Virginia oil-discharge and contingency-plan requirements that larger facilities must meet alongside SPCC
What we deliver for Virginia sites
We handle the full SPCC plan from site visit to signed document. That starts with walking the facility, inventorying every container that counts toward the threshold, and evaluating your existing containment, drainage, and transfer areas against the rule.
From there we write the plan and specify the containment and controls that bring the site into compliance. Zambrano Enterprises prepares SPCC plans and coordinates Professional Engineer certification when required; when the facility is a qualified facility, we prepare the plan for the owner's self-certification. We also handle the five-year reviews and the plan amendments the rule requires whenever you add a tank, change a process, or otherwise alter the facility in a way that materially affects spill potential.
- On-site assessment, container inventory, and containment evaluation
- Full SPCC plan drafted to 40 CFR 112 for Virginia conditions
- Coordination of Professional Engineer certification when the rule requires it, or a built-right plan for owner self-certification when the facility qualifies
- Five-year reviews and amendments when the facility changes
- Coordination with Virginia DEQ AST, UST, and oil-discharge obligations where they apply
Common questions
Does my Virginia facility need an SPCC plan?
If your aggregate aboveground oil storage capacity at the facility is more than 1,320 gallons (or buried capacity is more than 42,000 gallons) and a spill could reasonably reach a creek, storm drain, or other water of the United States, then yes, 40 CFR 112 requires a written SPCC plan kept on site. The federal rule applies in Virginia exactly as it does nationwide.
Can I write and certify my own SPCC plan, or do I need a PE?
If your facility stores 10,000 gallons or less aboveground and meets the rule's oil-discharge history criteria, it is a qualified facility and the owner can self-certify the plan. That is true in both Tier I and Tier II: the tier depends on the facility's characteristics, primarily whether any single aboveground container holds more than 5,000 gallons, not on who signs. If the facility does not meet the qualified-facility criteria, a licensed Professional Engineer must review and certify the plan. Zambrano Enterprises prepares SPCC plans and coordinates Professional Engineer certification when required, and builds self-certified plans to the same technical standard.
What counts toward the 1,320-gallon SPCC capacity condition?
Every aboveground container with a capacity of 55 gallons or more: bulk tanks, drums, totes, generator day tanks, and oil-filled equipment such as transformers. It is measured by container shell capacity, not by the amount of product on hand. Containers smaller than 55 gallons are not counted.
How is SPCC different from Virginia DEQ's aboveground storage tank program?
SPCC is the federal spill-prevention rule under 40 CFR 112. It reaches facilities with more than 1,320 gallons of aggregate aboveground oil storage capacity where a discharge could reasonably reach navigable waters. Virginia's own AST program under 9VAC25-91 is separate, and its registration, pollution prevention and oil discharge contingency plan requirements vary with the capacity of the individual tanks and the facility's aggregate aboveground storage capacity. A site can need a federal SPCC plan and a different set of state obligations at the same time, so both have to be worked out on the facts of the facility.
How often does an SPCC plan have to be updated?
The rule requires you to review and evaluate the plan at least once every five years, and to amend it whenever a change at the facility materially affects spill potential, such as adding a tank, changing a transfer process, or reconfiguring containment. Amendments tied to a physical change generally need to be made and certified within set timeframes after the change.
Do underground tanks count for SPCC?
Completely buried oil storage triggers SPCC only above 42,000 gallons of capacity, and tanks already regulated under federal or state UST programs are generally excluded from that count. Most regulated USTs are handled under Virginia's UST technical regulation (9VAC25-580) rather than SPCC. Aboveground storage is the usual reason a Virginia facility needs an SPCC plan.
Need an SPCC plan for your Virginia facility?
We assess the site, inventory what counts toward the capacity condition, and deliver a plan that holds up in an EPA inspection, with Professional Engineer certification coordinated when the rule requires it. Talk to Matt about your tanks and timeline.