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<br /> §112.5 40 CFR Ch. 1 (7-1-93 Edition) I g 112,7
<br /> Environmental Protection Agency
<br /> ther procedures, methods, equipment within 30 days of receipt of the notice
<br /> and other requirements for equipment from the Regional Administrator re- certified by a Professional Engineer in diversionaryrstructu es corn equipment
<br /> necessary to prevent and to contain quiring the amendment. A complete accordance with§112.3(d). to prevent discharged oil from reaching
<br /> discharges of oil from such facility. copy of the appeal must be sent to the 112.6 Civil penalties for violation of a navigable water course should be pro-
<br /> d) After review of the SPCC Plan for Regional Administrator at the time § oil pollution prevention regula- vided. One of the following preventive
<br /> a facility subject to paragraph (a) of the appeal is made. The appeal shall tions. systems or its equivalent should be
<br /> this section, together with all other in- contain a clear and concise statementas a
<br /> formation submitted by the owner or of the issues and points of fact in the {a) Applicability of section. This sec- used 1)Onshore facilities:
<br /> operator of such facility, and by the case. It may also contain additional in- ;n�paragraphp(b) of this ly to violations
<br /> which {i) Dikes, berms or retaining walls
<br /> State agency under paragraph (c) of formation from the owner T operator,
<br /> this section, the Regional Adminis- or from any other person. The Admin- f occurred prior to August 18,1990. sufficiently impervious to contain
<br /> d oil;
<br /> trator may require the owner or opera- istrator or his designee may request r {b) Owners 2. operators of facilities sp(ii)Curbing;
<br /> for of such facility to amend the SPCC additional information from the owner ! subject to §112.3(a}, (b}or (c) who vio- {iii) Culverting, gutters or other
<br /> Plan if he finds that the Plan does not or operator, or from any other person. late the failingrements of this orto comply with drainage systems;
<br /> meet the requirements of this part or The Administrator or his designee ' an of 112.3, 112.4 or (iv)Weirs,booms or other barriers;
<br /> that the amendment of the Plan is nec- shall render a decision within 60 days §112 5 shallof the beliable for§a civil§penalty (v)Spill diversion ponds;
<br /> essary to prevent and to contain dis- of receiving the appeal and shall notify (vi)Retention ponds;
<br /> charges of oil from such facility. the owner or operator of his decision. of not more than 55,000 for each day
<br /> such violation continues. Civil pen- (vii)Sorbent materials.
<br /> (e) When the Regional Administrator 138 FR 34165, Dec. 11. 1973, as amended at 41 ialties shall be imposed in accordance (2)Offshore facilities'.
<br /> proposes to require an amendment to FR 12658,Mar.26.19761 with procedures set out in part 114 of (i)Curbing,drip pans;
<br /> the SPCC Plan, he shall notify the fa- this subchapter D. (ii)Sumps and collection systems.
<br /> cility operator by certified mail ad- (d)When it is determined that the in-
<br /> dressed to, or by personal delivery to, Control and Countermeasure Plans stallation of structures or equipment
<br /> the facility owner or operator, that he by owners or operators. 6 §112.7 Guidelines for the preparation listed in§112.7(c) to prevent discharged
<br /> proposes to require an amendment to pp
<br /> the Plan,and shall specify the terms ors
<br /> f subject(a) Owners
<br /> (aor ), ors of(b) or {c)lshall } ventionpleControloRand Spill
<br /> islnot pracfrom ticable a fromhing the aany aonshore ble eor
<br /> such amendment. If the facility owner amend the SPCC Plan for such facility measure plan. offshore facility. the owner or operator
<br /> or operator is a corporation, a copy of The SPCC Plan shall be a carefully should clearly demonstrate such im-
<br /> such notice hall also be mailed to the in accordance with §112.7 whenever
<br /> registered agent, if any, of such cor- there is a change in facility design, thought-out plan, prepared in accord- practicability and provide the follow-
<br /> y,
<br /> in the State where such facil- construction, operation or mainte- once with good engineering practices, ing:
<br /> ity is located. Within 30 says from re- nance which materially affects the fa- and which has the full approval of man- ll A strong oil spill contingency plan
<br /> ceipt of such notice, the facility owner cility's potential for the discharge of agement at a level with authority to fallowing the provision of 40 CFR part
<br /> or operator may submit written infor- oil into or upon the navigable waters of commit the necessary resources. If the 109•
<br /> motion, views, and arguments on the the United States or adjoining shore plan tails for additional facilities or (2) A written commitment of man-
<br /> amendment. After considering all rel- lines. Such amendments shall be fully procedures, methods, or equipment not power, equipment and materials re-
<br /> evant material presented, the Regional implemented as soon as possible, but yet fully operational, these items quired to expeditiously control and re-
<br /> Administrator shall notify the facility not later than six months after such i should be discussed in separate para- move any harmful quantity of oil dis-
<br /> owner or operator of any amendment change occurs. graphs, and the details of installation charged.
<br /> required or shall escinby tnothe ice.
<br /> paragraph 1(a) of this thstanding compliance
<br /> owners plained separat ly.The complete SPCC vention adstandards thelistedimaunder
<br /> n shor
<br /> The amendment required Plan
<br /> gional Administrator shall become part an 2 operators or(c)f shall ompleteca e� below,shallfollow
<br /> include a discussionuofithe ined §nc1ude)ascomplete discuasioections of the an of co._
<br /> of the Plan 30 days after such notice. 411 O. ( )
<br /> unless the Regional Administrator, for view and evaluation of the SPCC Plan facility's conformance with the appro- f o idelines, other effectivespillpill applicable
<br /> good cause, shall specify another effec- at least once every three years from priate guidelines listed:
<br /> tive date. The owner or operator of the the date such facility becomes subject
<br /> ? (a) A facility which has experienced tion and containment procedures(or,if
<br /> facility shall implement the amend- to this part. As a result of this review i one or more spill events within twelve more stringent, with State rules, regu-
<br /> ment of the Plan as soon as possible, and evaluation, the owner or operator i tmonths pshould includeor to the eatwri gene f 1a(1)Fand drainages onshore); {esclud
<br /> but not later than six months after the shall amend the SPCC Plan within six t
<br /> amendment becomes part of the Plan, months of the review to include more ' scription of each such spill, corrective ing production facilities}. (i) Drainage
<br /> unless the Regional Administrator effective
<br /> e prevention Such technology will sig- actionrecurrtaken and plans for preventing from
<br /> dikedstorage
<br /> valves or other 1positive
<br /> specifies another date. nificantly reduce the likelihood of a (b) Where experience indicates a rea-e.
<br /> means to prevent a spill or other exces-
<br /> (f) An owner or operator may appealpment
<br /> a decision made by the Regional Ad- spill event from the facility. and (2) if sena laceoink oforequi rupture,
<br /> or system aorginplante of leffluent treatminto the ent
<br /> ministrator requiring an amendment such technology has been field-proven (suchleakage), the plan should include a pre- system, except where plan systems are
<br /> to an SPCC Plan. The appeal shall be at the time of the review. of now, designed to the
<br /> eakage. Diked
<br /> made to the nviro mental oProte tion hall be effective
<br /> to satisfy the require-ment to an SPCC anddiction
<br /> totalf quantitycof oil which could areas may be emptiedl these shoulpumpd
<br /> e
<br /> ed States Environmental
<br /> Agency and must be made in writing ments of this section unless it has been sultiof eachemajo the
<br /> of failure.lity as are- eject manually activated andtheors; however, condition
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<br /> 341-147 0-93--2
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