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Spill Prevention, Control and Countermeasure Plan Tesla Treatment Facility Page 2 of 45 1.2.2 Oil Storage [40 CFR§112.1(b)] Pursuant to 40 CFR§112.1(b), the SPCC Rule applies to any facility engaged in storing, transferring,handling,using, or producing oil and oil products, and facilities that could reasonably be expected to discharge oil and oil products in quantities that may be harmful into or upon navigable waters of the United States or adjoining shorelines, or into or upon the waters of the contiguous zone, or that may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States. The Tesla Treatment Facility meets the general applicability criteria of 40 CFR§112.1(b) and is therefore subject to the SPCC Rule because diesel fuel and motor oil is stored, handled and used at the Emergency Power Generation Facility, and oil-filled operational equipment exists at the Electrical Building. 1.2.3 Federal Agencies [40 CFR§112.1(c)] 40 CFR§112.1(c) of the SPCC Rule is not applicable to the Tesla Treatment Facility. 1.2.4 Oil Storage Capacity [40 CFR§112.1(d)] 40 CFR§112.1(d) lists six (6) conditions under which a facility is exempt from the SPCC Rule. The Tesla Treatment Facility does not meet any of the conditions for exclusion. Because the aggregate aboveground oil storage tank capacity exceeds the threshold of 1,320 gallons provided in 40 CFR§112.1(d)(2)(ii), the Tesla Treatment Facility is subject to the SPCC Rule. 1.2.5 SPCC Plan [40 CFR§112.1(e)] 40 CFR§112.1(e) requires a facility that is subject to the SPCC Rule to prepare and implement a SPCC Plan that complements existing laws, regulations, rules, standards,policies, and procedures that pertain to safety, fire prevention, and pollution prevention. This SPCC Plan addresses all relevant spill prevention, control and countermeasures relevant to the Tesla Treatment Facility. 1.2.6 Clean Water Act Applicability [40 CFR§112.1(f)] 40 CFR§112.1(f) of the SPCC Rule is not applicable to the Tesla Treatment Facility. 1.3 Definitions [40 CFR§112.21 The definitions in Section 40 CFR§112.2 of the SPCC Rule have been adopted in this SPCC Plan. 1.4 Requirements to Prepare SPCC Plan [40 CFR§112.31 The Tesla Treatment Facility is subject to the SPCC Rule and must have a written SPCC Plan. 1.4.1 Facilities Operational On or Before August 16, 2002 [40 CFR§112.3(a)] 40 CFR§112.3(a) of the SPCC Rule is not applicable to the Tesla Treatment Facility.