Kentucky Spill Prevention (SPCC Plan) regulations & environmental compliance analysis

Kentucky Spill Prevention (SPCC Plan): What you need to know

Governing Law and Regulations

Oil pollution prevention regulations: 40 CFR 112

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Oil Pollution Act of 1990 (OPA): 33 USC 2701 to 2761

Oil and gas facilities: 400 Kentucky Administrative Regulations (KAR) 4:140(15)

Other facilities: 401 KAR 5:015 and 401 KAR 5:037

Regulatory Agencies

U.S. Environmental Protection Agency (EPA) Region 4

Kentucky Energy and Environment Cabinet Department for Environmental Protection (DEP) Division of Water

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Kentucky has established state-specific requirements for spill prevention plans that are in addition to the federal Spill Prevention, Control, and Countermeasure (SPCC) requirements. The state requires that oil and gas facilities develop and implement SPCC plans under federal law. In addition, an SPCC plan must be prepared before any oil and gas production well drilling.

Kentucky does not allow self-certification of SPCC plans. Only professional certifications are accepted.

Administration and enforcement. The U.S. Environmental Protection Agency (EPA) Region 4 has primary responsibility for administering and enforcing the federal SPCC requirements in Kentucky. DEP’s Division of Water provides technical assistance to the regulated community and general public on environmental issues, including assisting in compliance with SPCC plan requirements.

State Requirements


400 KAR 4:140(15)

Kentucky has adopted regulations for the preservation and enhancement of wild rivers and for the control of recreational, educational, scientific, and other uses of these areas. Primary emphasis is given to protecting aesthetic, scenic, historic, archaeological, and scientific features of the ...

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