Governing Law and Regulations
Federal oil pollution prevention regulations (Spill, Prevention, Control, and Countermeasure [SPCC] Plans): 40 CFR 112 State oil pollution prevention requirements for distribution facilities: 38 Maine Revised Statutes Annotated (MRSA) 570-K(5)
U.S. Environmental Protection Agency (EPA) Region 1 Maine Department of Environmental Protection (DEP) Bureau of Land and Water Quality
Comparison: State vs. Federal
· Rules. Maine has adopted a state law that requires compliance with the federal Spill Prevention, Control, and Countermeasure (SPCC) requirements for aboveground storage facilities that exceed the federal 1,320 gallon aggregate storage capacity threshold that are used to market and distribute oil. See the national section SPILL PREVENTION—SPCC PLAN to review the federal SPCC requirements that apply to regulated facilities in the state.
Professional engineers that certify SPCC Plans in the state of Maine must be certified in the state.
· Administration and enforcement. The EPA administers and enforces the SPCC program in Maine. Maine law directs the DEP to oversee compliance with the federal SPCC requirements for aboveground storage facilities that exceed the federal 1,320 gallon aggregate storage capacity threshold that are used to market and distribute oil.
OIL Distribution Facilities
38 MRSA 570-K(5)
In addition to the federal requirements for regulated oil facilities, Maine law directs the DEP to reinforce that SPCC plans are on-site and have been implemented at facilities that market or distribute oil. The state provision allows the DEP to conduct inspections and to work with the EPA to determine the legal adequacy of a site’s SPCC plan and to ...