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§112.3 40 CFR Ch. 1 (7-1-93 Edition) Environmental Protection Agency §112.4
<br /> state travelers for recreational or fueling facilities shall prepare and im- this section cannot fully comply with or upon the navigable waters of the
<br /> other purposes; and plement an SPCC Plan as required by the requirements of this part as a re- United States or adjoining shorelines
<br /> (4) Intrastate lakes, rivers, and paragraphs (a), (b) and (d) of this sec- sult of either nonavailability of quali- in a single spill event, or discharged oil
<br /> streams from which fish or shellfish tion. The owners or operators of such fled personnel, or delays in construc- in harmful quantities, as defined in 40
<br /> are taken and sold in interstate com- facility need not prepare a new SPCC tion or equipment delivery beyond the CFR part 110, into or upon the navi-
<br /> merce. Plan each time the facility is moved to control and without the fault of such gable waters of the United States or
<br /> (1) Vessel means every description of anew site. The SPCC Plan may be a owner or operator or their respective adjoining shorelines in two spill
<br /> watercraft or other artificial contriv- general plan, prepared in accordance agents or employees. events, reportable under section
<br /> ante used, or capable of being used as a with §112.7, using goad engineering (2) Any owner or operator seeking an in an(5)of the oath p occurring with-
<br /> means of transportation on water, practice. When the mobile or portable extension of time pursuant to para- in any twelve month period, the owner
<br /> other than a public vessel. facility is moved, it must be located graph (f)(1) of this section may submit or operator of such facility shall sub-
<br /> and installed using the spill prevention a letter of request to the Regional Ad- mit to the Regional Administrator,
<br /> 4112.3 Requirements for preparation practices outlined in the SPCC Plan for ministrator. Such letter shall include: within 60 days from the time such fa-
<br /> and implementation of Spill Pre- the facility. No mobile or portable fa- (i) A complete copy of the SPCC cilthe follow ity mges subject to this section,
<br /> vention Control and Counter- cility subject to this regulation shall Plan,if completed;
<br /> measure Plana. operate unless the SPCC Plan has been (ii)A full explanation of the cause for (1)Name of the facility;
<br /> Implemented. The SPCC Plan shall
<br /> (a) Owners or operators of onshore any such delay and the specific aspects (2) Name(s) of the owner or operator
<br /> and offshore facilities in operation on only apply while the facility is in a of the SPCC Plan affected c the delay; of the facility;
<br /> or before the effective date of this part fixed (non-transportation) operating (iii) A full discussion of actions being (3)Location of the facility;
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<br /> that have discharged or, due to their mode. taken or contemplated to minimize or (4) Date and year of initial ace.
<br /> location, could reasonably be expected (d) No SPCC Plan shall be effective mitigate such delay; operation;
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<br /> oil in harmful quantities, to satisfy the requirements of this part (iv) A proposed time schedule for the (5) Maximum storage or handling ca-
<br /> as defined in 40 CFR part 110, into or unless it has been reviewed by a Reg- implementation of any corrective ac pacify of the facility and normal daily
<br /> upon the navigable waters of the Unit- istered Professional Engineer and cer- tions being taken or contemplated, in- throughput;
<br /> ` cluding interim dates for completion of (6) Description of the facility, includ-
<br /> ed States or adjoining shorelines, shall tified to by such Professional Engineer. f tests or studies, installation and oper- Ing maps, flow diagrams, and topo-
<br /> prepare a Spill Prevention Control and By means of this certification the engi- graphical maps:
<br /> Countermeasure Plan (hereinafter neer, having examined the facility and other preventive tive measuation of any res.
<br /> or (7)A complete copy of the SPCC Plan
<br /> "SPCC Plan"), in writing and in ac- being familiar with the provisions of with any amendments;
<br /> cordance with §112.7, Except as pro- this part, shall attest that the SPCC In addition, such owner or operator (8) The cause(s) of such spill, includ-
<br /> vided for in paragraph (f) of this sec- Plan has been prepared in accordance may present additional oral or written Ing a failure analysis of system or sub-
<br /> tion, such SPCC Plan shall be prepared with good engineering practices. Such 4 statements in support of his letter of system in which the failure occurred;
<br /> within six months after the effective certification shall in no way relieve request. (9) The corrective actions and/or
<br /> date of this part and shall be fully im- the owner or operator of an onshore or (3) The submission of a letter of re- countermeasures taken, including an
<br /> plemented as soon as possible, but not offshore facility of his duty to prepare quest for extension of time pursuant to
<br /> later than one year after the effective and fully implement such Plan in ac- paragraph (f)(2) of this section shall in adequate description of equipment re-
<br /> pairs and/or replacements:
<br /> date of this part. cordance with §112.7, as required by no way relieve the owner or operator obligation to comply with the (10) Additional preventive measures
<br /> (b) Owners or operators of onshore paragraphs (a), (b) and (c) of this sec- r from his taken or contemplated to minimize the
<br /> and offshore facilities that become tion. y requirements of §112.3 (a), (b) or (c)• possibility of recurrence;
<br /> operational after the effective date of (e) Owners or operators of a facility E Where an extension of time is author- (11) Such other information as the
<br /> this part, and that have discharged or for which an SPCC Pian is required ized by the Regional Administrator for Regional Administrator may reason-
<br /> could reasonably be expected to dis- pursuant to paragraph (a), (b) or (c) of particular equipment or other specific ably require pertinent to the Plrr
<br /> charge oil in harmful quantities,as de- this section shall maintain a complete aspects of the SPCC Plan, such exten- spill event.
<br /> fined in 40 CFR part 110, into or upon copy of the Plan at such facility if the sion shall in no way affect the owner's (b) Section 112.4 shall not apply until
<br /> the navigable waters of the United facility is normally attended at least 8 or operator's obligation to comply with the expiration of the time permitted
<br /> States or adjoining shorelines, shall hours per day, or at the nearest field the requirements of§112.3(a), (b) or(c) for the preparation and implementa-
<br /> prepare an SPCC Plan in accordance office if the facility is not so attended, with respect to other equipment or tion of an SPCC Pian pursuant to§112.3
<br /> with 1112.7. Except as provided for in and shall make such Plan available to other specific aspects of the SPCC Plan (a),(b).(c)and M.
<br /> paragraph (fl of this section, such the Regional Administrator for on-site for which an extension of time has not (c) A complete copy of all informa-
<br /> SPCC Plan shall be prepared within six review during normal working hours. been expressly authorized. tion provided to the Regional Adminis-
<br /> months after the date such facility be- (f)Extensions of time. (1)The Regional E38 FR$4165 Dec 11 1973 as amended at 41 trator pursuant to paragraph(a)of this
<br /> gins operations and shall be fully im- Administrator may authorize an exten- FR 12657,Mar.26.19761 section shall be sent at the same time
<br /> plemented as soon as possible, but not Bion of time for the preparation and to the State agency in charge of water
<br /> later than one year after such facility full implementation of an SPCC Plan § net 112.4 Amendment of SPCC Plaby pollution control activities in and for
<br /> begins operations. beyond the time permitted for the Regional Administrator. the State in which the facility is lo-
<br /> (c) Owners or operators of onshore preparation and implementation of an
<br /> and offshore mobile or portable facili- SPCC Plan pursuant to paragraph (a), (a) Notwithstanding compliance with Gated. Upon receipt of such lnforma-
<br /> ties, such as onshore drilling or (b) or (c) of this section where he finds §112.3, whenever a facility subject to tion such State agency may conduct a
<br /> dworkover rilling or rigs, baworkorer rigs and portable subjecthat t towparagrapner or hsr(a)r(b) orof a a(c)iof ty mare than 1b000 U.S. gallons oDischarged
<br /> f oil into the Regionaew and 11Administake ra or as ito furons -
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