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Baker, Lydia [EHD] From: Baker, Lydia [EHD] Sent: Thursday, September 3, 2020 1:20 PM To: lupe@jcairacademy.com Subject: SPCC plan regulations Hello Lupe, Here is the California code section requiring the SPCC plan to be prepared in accordance with 40 CFR 112: HSC 25270.4.5.(x) Except as provided in subdivision (b), the owner or operator of a storage tank at a tank facility subject to this chapter shall prepare a spill prevention control and countermeasure plan applying good engineering practices to prevent petroleum releases using the same format required by Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations, including owners and operators of tank facilities not subject to the general provisions in Section 112.1 of those regulations. An owner or operator specified in this subdivision shall conduct periodic inspections of the storage tank to ensure compliance with Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations. In implementing the spill prevention control and countermeasure plan, an owner or operator specified in this subdivision shall fully comply with the latest version of the regulations contained in Part 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations. Here is a link to 40 CFR 112 in its entirety: https://www.law.cornell.edu/cfr/text/40/part-112 Here is the specific section requiring facilities with over 10,000 gallon petroleum storage capacity to have a professional engineer signed SPCC plan: 112.3(d)Except as provided in§ 112.6, a licensed Professional Engineer must review and certify a Plan for it to be effective to satisfy the requirements of this part. (1)By means of this certification the Professional Engineer attests: (i) That he is familiar with the requirements of this part; (ii) That he or his agent has visited and examined the facility; (iii) That the Plan has been prepared in accordance with good engineering practice, including consideration of applicable industry standards, and with the requirements of this part; (iv) That procedures for required inspections and testing have been established;and (v) That the Plan is adequate for the facility. (vi) That, if applicable, for a produced water container subject to§ 112.9(c)(6), any procedure to minimize the amount of free-phase oil is designed to reduce the accumulation of free-phase oil and the procedures and frequency for required inspections, maintenance and testing have been established and are described in the Plan. Section 112.6 allows tier I &tier II qualified facilities to self-certify their plans. Here is the definition of a qualified facility: Qualified Facilities. The owner or operator of a qualified facility as defined in this subparagraph may self- certify his facility's Plan, as provided in 112.6. A qualified facility is one that meets the following Tier I or Tier II qualified facility criteria: (1) A Tier I qualified facility meets the qualification criteria in paragraph (g)(2) of this section and has no individual aboveground oil storage container with a capacity greater than 5,000 U.S. gallons. (2)A Tier II qualified facility is one that has had no single discharge as described in § 112.1(b) exceeding 1,000 U.S. gallons or no two discharges as described in § 112.1(b) each exceeding 42 U.S. gallons within any 1