Underground Storage Tanks in SPCC Plans

If a gas station that has less than 42,000 gallons completely buried oil storage capacity and no aboveground oil storage capacity installs a new aboveground tank with a capacity greater than 1,320 gallons, must the facility’s Spill Prevention, Control, and Countermeasure (SPCC) Plan address the underground storage tanks (USTs) in addition to the AST?

Once a facility is subject to the SPCC Rule, all aboveground containers and completely buried tanks are subject to the rule requirements, unless these containers are otherwise exempt from the regulation.  Under §112.1(d)(4), the SPCC Rule exempts completely buried storage tanks, as well as connected underground piping, underground ancillary equipment, and containment systems, when such tanks are subject to all of the technical requirements of 40 CFR Part 280 or a state program approved under 40 CFR Part 281 (the Underground Storage Tank regulations).  Although these tanks are exempt from the SPCC requirements, they must still be marked on the facility diagram if the facility is otherwise subject to the SPCC Rule (§112.7(a)(3)).  For additional information about the SPCC Rule, see rule text at 40 CFR Part 112 and the SPCC Guidance for Regional Inspectors.