EPA Regulatory Applicability
40 CFR 112 applies to petroleum oils, non-petroleum oils, animal fats, oils and greases, fish and marine mammal oils, vegetable oils (including oils from seeds, nuts, fruits, and kernels), and also applies to any owner or operator of a non-transportation-related onshore or offshore facility engaged in drilling, producing, gathering, storing, processing, refining, transferring, distributing, using, or consuming oil and oil products; which, due to its location, could reasonably be expected to discharge oil in quantities that may be harmful, 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 resources under the Magnuson Fishery Conservation and Management Act) that has oil in:
Any aboveground container
Any completely buried tank (see definitions)
Any container that is used for standby storage, for seasonal storage, or for temporary storage, or not otherwise “permanently closed” (see definitions)
Any “bunkered tank” or “partially buried tank” (see definitions), or any container in a vault, each of which is considered an aboveground storage container for purposes of 40 CFR 112.
A bulk storage container is 55 gal. or greater and may be above-ground, partially buried, bunkered, or completely buried. “Bunkered tanks” are defined as “a container constructed or placed in the ground by cutting the earth and re-covering the container in a manner that breaks the surrounding natural grade, or that lies above grade, and is covered with earth, sand, gravel, asphalt, or other material. A bunkered tank is considered an above-ground storage container for purposes of 40 CFR 112”