Storage of Crude Oil

This page provides information about the potential requirements that may apply to oil storage activities. 

• Potentially Applicable Regulations
• Clean Air Act (CAA)
• Clean Water Act (CWA)
• Emergency Planning and Community Right-to-Know Act (EPCRA)
• Emergency Response Authorities
• RCRA
• More Resources for Indian Country
• More Resources for All Sources

Potentially Applicable Regulations

Clean Air Act (CAA)

• New Source Review (NSR) Pre-Construction Permits (CAA Title I) under the applicable NSR program must be obtained prior to construction of a new facility or the modification of an existing facility that results in increased emissions. 

• Major" sources of a regulated pollutant under the of the National Ambient Air Quality Standards (NAAQS) for which an area is in non-attainment status may require Non-Attainment NSR permits that cover the non-attainment pollutant.  Major sources in this context are generally sources emitting more than 100 tpy of any one regulated pollutant, but lower thresholds apply in some ozone and PM2.5 nonattainment areas. A source may require a permit under more than one NSR program, depending on its location and the amount and type of pollutants emitted.  

• Minor NSR permitting requirements may apply to the construction or modification of “non-major” sources in attainment, non-attainment, and unclassifiable areas. In addition, minor NSR requirements may apply to the modification of an existing major source that increases emissions by an amount less than the significance levels described above. Applicability levels for minor NSR may vary across states. 

• Prevention of Signification Deterioration (PSD)  - “Major” sources that construct in an area which is in attainment status for any pollutant must meet  the PSD requirements covering all regulated pollutants except those for which an area is designated non-attainment (CAA § 165(a); 40 CFR 52.21).  Generally, a major source for PSD purposes is one that emits 250 tons/year (tpy) of any one regulated pollutant, but there are 28 source categories for which the “major” threshold is 100 tpy. Existing major sources must obtain a PSD permit before engaging in a modification that is projected to increase emissions by more than the significance levels specified in regulations.  

• Operating Permits (CAA Title V)  A source must submit an application for a Title V operating permit, within one year after the source becomes subject to the permitting program, or on or before an earlier date established by the permitting authority. A CAA Title V operating permit generally must be issued for a fixed term not to exceed five years, and such permits gather all source applicable CAA requirements in one document. Most Title V operating permits are issued by state, tribal, or local agencies with an EPA-approved operating permit program under 40 CFR Part 70.   Otherwise, Title V permits are issued directly by EPA or by an entity delegated authority to exercise federal authority to issue such permits under  40 CFR Part 71 . 

•  Sources subject to Title V permit requirements are, generally, those that trigger one of the following conditions (PTE = “Potential to Emit”):

• PTE ≥ 100 tons per year of any air pollutant subject to regulations;

• PTE ≥ 10 tons per year of single Hazardous Air Pollutant (HAP);

• PTE ≥ 25 tons per year of HAPs in aggregate;

• Affected sources under title IV of the Clean Air Act;

• Subject to a National Emission Standard for Hazardous Air Pollutants (NESHAP) (40 CFR Part 61 or 40 CFR Part 63) that does not specifically exempt such sources from permitting requirements;

• Subject to a New Source Performance Standards (NSPS) (40 CFR Part 60) that does not specifically exempt such sources from permitting requirements; or

• Any source with a PSD or Major Nonattainment NSR permit. 

• CAA General Duty Clause (GDC). CAA Section 112(r)(1). Requires owners and operators of stationary sources to identify hazards that may result from accidental releases, to design and maintain a safe facility, and to minimize the consequences of releases when they occur. The GDC applies to owners and operators of all stationary sources which produce, process, handle or store any “extremely hazardous substances.” There is no specific list of substances which subject a stationary source owner or operator to the GDC provisions. 
• Chemical Accident Prevention (“Risk Management Plan/RMP”).  CAA § 112(r)(7); 40 CFR Part 68. Requires owners or operators of stationary sources to develop a risk management program to prevent or minimize accidental releases of substances found at 40 C.F.R. § 68.130. This program may be used in conjunction with CERCLA and EPCRA. There is a specific list of chemicals and threshold levels that may subject sources to this RMP requirement. 
• Petroleum and Natural Gas Greenhouse Gas (GHG) Reporting Program. 40 CFR 98 Subpart W. Requires reporting of GHG data and other relevant information from large GHG emission sources, fuel and industrial gas suppliers, and CO2 injection sites in the United States. The GHGRP covers emissions from different aspects of the oil and gas industry through several of its subparts. Relevant subparts include Petroleum and Natural Gas Systems (Subpart W); Petroleum Refineries (Subpart Y), Petrochemical Production (Subpart X), Suppliers of Petroleum Products (Subpart MM), and Suppliers of Natural Gas and Natural Gas Liquids (Subpart NN).  Annual reports covering emissions from the prior calendar year are due by March 31 of each year.
• Other Clean Air Act Requirements - The Clean Air Act (CAA) establishes a number of programs and requirements designed to regulate emissions of air pollutants, including over 180 hazardous air pollutants and several additional pollutants for which the EPA has established National Ambient Air Quality Standards (NAAQS) and new source performance standards (NSPS). The following potentially are applicable to the storage of crude oil.  Given the many different potentially applicable CAA regulations, it would be best to contact the relevant permitting authority, including permitting in Indian Country, where applicable. The permitting authority is generally the best source of information about how oil storage tanks are regulated in their jurisdiction.  

• 40 CFR Part 60 Subpart A. General provisions, including control device and work practice requirements for flares and compliance with standards and maintenance requirements (maintain air pollution control equipment in a manner consistent with good air pollution control practice for minimizing emissions).

• 40 CFR Part 63 Subpart A. General provisions and compliance with standards and maintenance requirements (maintain air pollution control equipment in a manner consistent with good air pollution control practice for minimizing emissions).

• 40 CFR 60 Subpart K, Ka or Kb. Standards of Performance for Volatile Organic Liquid Storage Vessels.

• 40 CFR Part 60 Subpart OOOO and OOOOa. Standards of Performance for Crude Oil and Natural Gas.

• 40 CFR 63 Subpart HH. National Emission Standards for Hazardous Air Pollutants from Oil and Natural Gas Production Facilities.
  

Clean Water Act (CWA)

• National Pollution Discharge Elimination System (NPDES) (Section 402). A construction stormwater permit may be required if one or more acres are disturbed and there is or will be a discharge of stormwater from the site to a surface water.  Some oil and gas construction activities may be exempt from construction stormwater permitting in certain instances (40 CFR 122.26).  See the fact sheet and website for more information, and for exceptions to this exemption. If a permit is required, coverage is available under an individual NPDES permit or under the 2017 Construction General Permit (CGP). Under 40 CFR 122.21(c)(1), individual permit applications for construction stormwater permits must be submitted at least 90 days before the date on which construction is to commence. Under the CGP, a Notice of Intent (NOI) for a new site must be submitted at least 14 calendar days before commencing construction activities at a new site; refer to the latest permit for NOI deadlines. Even if the construction site falls under the exemption, the operators should still implement and maintain best management practices (BMPs) to minimize erosion and control sediment to protect surface water quality during storm events.  A stormwater pollution prevention plan (SWPPP) that meets the general requirements of the construction general permit must be developed before applying.

• Industrial Stormwater Permits may be required for stormwater discharges to surface waters associated with specific categories of industrial activity facilities. Oil storage facilities may fall within these sectors. Coverage is available under an individual NPDES permit and may be available under EPA’s Multisector General Permit for Stormwater Discharges Associated with Industrial Activity (MSGP).  Individual permits applications may take six months or more before a permit is finalized. Under 40 CFR 122.21(c)(1), individual permit applications for industrial stormwater permits must be submitted at least 180 days before the date on which the discharge is to commence.  Typically, new facilities must submit an NOI to be covered under the MSGP at least 30 days before commencing discharge Such facilities may follow conditions outlined in EPA’s No Action Assurance (NAA) memorandum for new facilities that commence discharging stormwater on or after June 4, 2020.  Any facility seeking assurance under the NAA must provide EPA 30-days advance notice of their operator status and their intention to operate in accordance with the 2015 MSGP by submitting an "Intent to Operate” (ITO) form through the NPDES eReporting Tool (NeT) for MSGP, to allow EPA time to review the notice. Among other requirements, operators will need to develop a stormwater pollution prevention plan (SWPPP) prior to submission of the ITO form that meets the general requirements of the MSGP as well as sector-specific requirements.  NOTE: Individual NPDES permits from EPA also might require National Environmental Policy Act (NEPA) analysis. Issuance of an NPDES permit to a “new source” as defined in CWA Section 306 requires NEPA compliance by EPA CWA Section 511(c)(1); 40 C.F.R. §122.29(c)(1)(i).

• Wetlands Protection (Section 404).  A permit is required from the Army Corps of Engineers or authorized State if there will be a discharge of dredged or fill material into waters of the U.S. Examples of such activities might include placing fill in a wetland to construct an O&G storage facility or constructing a pipeline across a waterbody (e.g., river, stream or wetland) to move product to a storage facility.  Projects with significant impacts would need an individual 404 permit, but projects with minimal adverse effects may qualify for authorization under a nationwide permit (NWP). Most NWPs require submission of a pre-construction notification “as early as possible”, in accordance with General Condition 32. 

• Water of the US (Section 401).  Any activity requiring a federal license or permit that might result in a discharge to waters of the U.S. must also receive a certification from the state or tribe in which the discharge originates that any such discharge will comply with the applicable provisions of CWA Sections 301, 302, 303, 306 and 307, including state water quality standards, unless that certification is waived. EPA is the certifying authority on most tribal lands in Region 8 because many tribes in Region 8 do not have treatment-as-a-state status (TAS) for CWA 401. The tribes with TAS status are the certifying authorities on the Blackfeet, Fort Peck, Flathead, Northern Cheyenne, Southern Ute, and Ute Mountain Reservations.  See List of Tribes with TAS status for all programs.  A 401 certification would be needed from either EPA or the tribe(s) for a project that requires a CWA Section 404 or 402 (NPDES) permit on tribal land. For EPA-issued 402 (NPDES) permits, except general permits which already have a 401 certification, EPA seeks the 401 certification from the applicable certifying authority at the time it public notices the draft permit. For 404 individual permits and Nationwide Permits (NWPs) where EPA is the certifying authority, the U.S. Army Corps of Engineers requires that the project applicant apply for a 401 certification from EPA as it prepares the draft permit or considers coverage under an NWP. 
  

Clean Water Act (CWA) as amended by the Oil Pollution Act (OPA)

• CWA § 311(b)(3) prohibits the discharge of oil or hazardous substances “into or upon the navigable waters of the United States or adjoining shorelines… in such quantities as may be harmful”.

• 40 C.F.R. Part 112 contains regulations established under the authorities provided by the Clean Water Act, 33 USC 1251, et seq.; 33 USC 2720, and Executive Order 12777 (October 18, 1991)). The Spill Prevention Control and Countermeasure (SPCC) regulations establish oil discharge prevention requirements for certain facilities meeting the applicability requirement of the SPCC rule. The SPCC regulations govern the storage or use of oil and oil products and were established to prevent the discharge of oil from non-transportation-related onshore and offshore facilities into or upon the navigable waters of the United States or adjoining shorelines, or into or upon the waters of the contiguous zone, or in connection with activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974, or that may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (including the Magnuson-Stevens Fishery Conservation and Management Act). The Facility Response Plan (FRP) regulation establishes oil discharge preparedness and response planning for SPCC facilities that could reasonably be expected to cause substantial harm to the environment by such discharge.  

• Spill Prevention, Control and Countermeasures (SPCC) 

• SPCC Plans Requirements (general and specific) 

• Section 112.7 establishes general requirements for all SPCC regulated facilities. Section 112.8 describes additional specific requirements for non-production onshore facilities, including certain midstream facilities (such as gas plants)., Section 112.9 describes additional specific requirements for production facilities, as defined in Section 112.2.   

• Section 112.10 describes additional specific requirements for onshore oil drilling and workover facilities

• Section 112.3 includes the requirement to prepare and implement a Spill Prevention, Control, and Countermeasure Plan. For oil and gas facilities under Section 112.3(a)(1), the timing of SPCC plan preparation and implementation will depend on whether the facility was in operation prior to November 10, 2011.  If the oil production facility becomes operational after November 10, 2011, the facility owner or operator must prepare and implement a Plan within six months after operations begin, as detailed in 112.3(b).

• Although the SPCC program is the basis for EPA’s oil program, the second set of requirements is the Facility Response Plan (FRP) regulation. It establishes oil discharge preparedness and response planning for FRP facilities that could reasonably be expected to cause substantial harm to the environment by such discharge.

• 112.20(a)(2)(ii) For a newly constructed facility that commences operation after August 30, 1994, and is required to prepare and submit a response plan based on the criteria in paragraph (f)(1) of this section.

• 112.20(a)(2)(iii) For a facility required to prepare and submit a response plan after August 30, 1994, as a result of a planned change in design, construction, operation or maintenance that renders the facility subject to the criteria in paragraph (f)(1) of this section.

• 112.20(f)(1) A facility could, because of its location, reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters or adjoining shorelines, if it meets criteria in this section. 
  

Emergency Planning and Community Right-to-Know Act (EPCRA) 

(Sections 302, 303, 311, and 312). EPCRA was created in 1986 to help communities plan for chemical emergencies. It also requires industry to report on the storage, use and releases of hazardous substances to federal, state, tribal and local governments.  Facility owners or operators considering either an increase in existing oil storage capacity and/or creation of new oil storage facilities may be subject to the EPCRA requirements. Hazardous chemicals, which includes crude oil and refined oil products typically are subject to EPCRA Sections 311 and 312. 

Resource Conservation and Recovery Act (RCRA) 

• RCRA Subtitle C authorizes the EPA to regulate hazardous waste. This includes all stages of the waste's life cycle: generation, transportation, treatment, storage, and disposal. It requires tracking of hazardous waste from generation to disposal, and permitting of hazardous waste management facilities.  Generally, RCRA Subtitle C (hazardous waste) doesn’t apply to bulk product storage (non-hazardous waste).  


• RCRA Subtitle I - RCRA Underground Storage Tank (UST) regulations at 40 CFR Part 280 apply if the petroleum or hazardous substance is being stored in UST systems as defined at 40 CFR § 280.12. Among other requirements, USTs are required to meet specific performance standards and have equipment for spill and overfill prevention, leak detection, and corrosion protection before storing any petroleum or hazardous substances. 40 CFR § 280 Subparts C and D. Owners and operators must obtain financial assurance. 40 CFR § 280 subpart H.  Owners and operators must ensure compliance with certain certification, testing, or inspection requirements for installation of new tanks. Owners/operators are exempt from SPCC Plan Requirements for completely buried storage tanks, as well as connected underground piping, underground ancillary equipment, and containment systems if they are fully subject to the technical requirements of 40 CFR part 280.  In addition, RCRA Subtitle I (underground storage tanks or USTs) generally doesn’t apply to above ground storage tanks.
  

Safe Water Drinking Act (SWDA).

Under SDWA, EPA regulates the construction, operation, permitting, and closure of injection wells that place certain fluids underground through the Underground Injection Control (UIC) Program. Oil and natural gas operators use injection wells for three primary purposes:

• Disposal of fluids brought to the surface in connection with natural gas storage operations or oil and gas production activities (including produced water, hydraulic fracturing fluids, etc.)


• Enhanced recovery of oil or natural gas, e.g. waterflood operations and hydraulic fracturing.


• Injection of hydrocarbons for storage provided the hydrocarbons are liquid at standard temperature and pressure. The injection of natural gas for storage, if the gas is of pipeline quality, is exempt from regulation under the SDWA

Underground injection of fluid that contains diesel fuels during hydraulic fracturing also falls under the purview of the SDWA.

The SDWA and federal UIC regulations establish protective requirements that allow for the safe injection of fluids underground. These requirements are outlined in the statute, 42 U.S.C. § 300f et seq., and 40 CFR Parts 144, 145, 146, 147 and 148. States may implement and enforce the UIC program as specified in 40 CFR Parts 145 and 147.The Underground Injection Control (UIC) program, is responsible for regulating the construction, operation, permitting, and closure of injection wells that place fluids underground for storage.  

Emergency Response Authorities

Available emergency response authorities EPA can use to address adverse impacts from oil or natural gas drilling, production and processing:

• Safe Water Drinking Act (SDWA). (Section 1431) Action to address imminent and substantial endangerment caused by contaminants present or likely to enter a public water system or underground source of drinking water.

• Clean Air Act (CAA). CAA § 303 is an emergency power which allows EPA to issue an order requiring abatement of pollution that is found to be causing an imminent and substantial endangerment to human health or the environment from the emission of air pollutants.

• Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (Section 104) Removal action to address release that may present imminent and substantial endangerment, subject to the "petroleum exclusion."

• Clean Water Act (CWA) (Section 504). Action to address imminent & substantial endangerment to health, welfare, or livelihood caused by discharge from "pollution source."

• CWA/OPA 311 action to address imminent and substantial threat to public health or welfare from discharges of oil or hazardous substances to navigable waters.

• Resource Conservation and Recovery Act (RCRA) (Section 7003). Action to address solid waste handling that may present an imminent & substantial endangerment to health or the environment.

More Resources for Indian Country

Indian Country Resources – Additional resources for Indian Country. 

Indian Country Air Permitting in EPA's Regional Offices - Each of EPA's regional offices has a different tribal and permitting program.  Here you can find more information about which sources are covered under each general permit or permit by rule in your region.

Major Source NSR permits in Indian Country – “Major" sources of a regulated pollutant under the of the National Ambient Air Quality Standards (NAAQS) for which an area is in non-attainment status may require Non-Attainment NSR permits that cover the non-attainment pollutant.  (40 CFR 49.166-49.173)  Major sources in this context are generally sources emitting more than 100 tpy of any one regulated pollutant, but lower thresholds apply in some ozone and PM2.5 nonattainment areas. A source may require a permit under more than one NSR program, depending on its location and the amount and type of pollutants emitted.  

Minor Source NSR in Indian Country - Minor NSR permitting requirements may apply to the construction or modification of “non-major” sources in attainment, non-attainment, and unclassifiable areas.  The requirements for the Tribal Minor NSR program are located at (40 CFR 49.151-49.164). In addition, minor NSR requirements may apply to the modification of an existing major source that increases emissions by an amount less than the significance levels described above. Applicability levels for minor NSR may vary across states. In tribal areas, applicability of minor NSR permitting is determined on the basis of the Minor NSR thresholds for various pollutants reflected in CFR 49.153, Table 1.   

PSD Permitting in Indian Country - “Major” sources that construct in an area which is in attainment status for any pollutant must meet  the “Prevention of Significant Deterioration” (PSD) requirements covering all regulated pollutants except those for which an area is designated non-attainment (CAA § 165(a); 40 CFR 52.21) – Generally, a major source for PSD purposes is one that emits 250 tons/year (tpy) of any one regulated pollutant, but there are 28 source categories for which the “major” threshold is 100 tpy. Existing major sources must obtain a PSD permit before engaging in a modification that is projected to increase emissions by more than the significance levels specified in regulations.  

Federal Implementation Plans - Some sources may be required to comply with one of the following two relevant Federal Implementation Plans (FIPs):

• National FIP for True Minor Oil and Natural Gas Sources in Indian Country  - (40 CFR 49.101-49.105 and 49.160) 

• Region 8 - Reservation-Specific FIP for Oil and Natural Gas Well Production Facilities on the Fort Berthold Indian Reservation (FBIR) 40 CFR part 49, subpart K (§§ 49.4161-49.4168).
  

Operating Permits (CAA Title V) -   A source in Indian Country must submit an application for a Title V operating permit, within one year after the source becomes subject to the permitting program, or on or before an earlier date established by the permitting authority.  Currently, only one tribe has an EPA-approved operating permit program under 40 CFR Part 70 (Southern Ute Indian Tribe) –, and one tribe has been delegated authority to issue federal Title V permits under 40 CFR Part 71 (Navajo Nation).

More Resources for All Sources

Fact Sheet for the Final Rule: Amendments to the Storm Water Regulations for Discharges Associated with Oil and Gas Construction Activities  

National Environmental Policy Act (NEPA) - Individual NPDES permits from EPA might also require NEPA analysis. Issuance of an NPDES permit to a “new source” as defined in CWA § 306 requires NEPA compliance by EPA CWA §511(c)(1); 40 C.F.R. §122.29(c)(1)(i).

EPA’s EPCRA, RMP & Oil Information Center (also referred to as “the Call Center”) - a publicly accessible service that provides information on the regulatory requirements for the following EPA programs: Emergency Planning and Community Right-to-Know Act (EPCRA); Risk Management Plan (RMP) Rule; and Spill Prevention, Control and Countermeasure (SPCC) Rule and Facility Response Plan (FRP) Rule.

Brochure on EPCRA Reporting Requirements for oil and gas drilling and production facilities.  

Underground Storage Tank (UST) Technical Compendium about the 2015 UST Regulation - This compendium contains EPA’s interpretations and guidance about the 2015 underground storage tank (UST) regulation.  

Nationwide Permits Chronology and Related Materials under CWA Section 404 - Chronology of the reissuance of Section 404 nationwide permits.

Basics of SPCC Brief Guide for Facilities - A brief guide on Oil Spill Prevention, Control and Countermeasure (SPCC) Rule requirements for facility owners and operators.

The National Response Center (NRC)  - Anyone witnessing an oil spill, chemical release or maritime security incident should call the NRC hotline at 1-800-424-8802.

Oil Reporting Fact Sheet - If a facility or vessel discharges oil to navigable waters or adjoining shorelines, the owner/operator is required to follow certain federal reporting requirements. This fact sheet outlines those reporting requirements.

USEPA National Response System - Response planning and coordination is accomplished at the federal level through the U.S. National Response Team (NRT), an interagency group co-chaired by the EPA and the U.S. Coast Guard. Although the NRT does not respond directly to incidents, it is responsible for distributing Information and planning and training for emergencies.

EPA Compliance Advisory on “Compliance Concerns Associated with Increasing Oil Storage.” This 3-page advisory is written to help facilities that may be increasing existing oil storage capacity or creating new oil storage capacity, and explains the Clean Water Act requirements that apply, such as Spill Prevention, Control, and Countermeasure (SPCC) and Facility Response Plan (FRP) requirements. Find the Compliance Advisory at https://www.epa.gov/compliance/compliance-advisory-compliance-concerns-associated-increasing-oil-storage.