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Spill Prevention Control and Countermeasure Plan Food Express, Inc. 1250 Madruga Road Lathrop, California 95330 FOOD EXPMRESS. wc. May 2020 Page 2 SPILL PREVENTION CONTROL AND COUNTERMEASURE (SPCC) PLAN INTRODUCTION f112.7(A)(1)1 Title 40, Part 112 of the Code of Federal Regulations (40 CFR §112), (Regulation Reference 2) requires the preparation and implementation a Spill Prevention, Control and Countermeasure (SPCC) Plan for any non-transportation-related facility, which due to its location, could reasonably be expected to discharge oil into or upon the navigable waters of the United States in quantities that may be harmful as defined in 40 CFR § 110 and that has the capacity to store oil in volumes greater than or equal to: • 1,320 gallons in total aboveground storage (counting only containers with an oil storage capacity of 55 gallons or more; including equipment containing oil for ancillary purposes), and/or; • 42,000 gallons in underground storage tanks that are not currently subject to all of the technical requirements of 40 CFR § 280 or all of the technical requirements of a State program approved under 40 CFR § 281. Since the facility meets the above criteria, this facility is required to prepare and implement a SPCC Plan. Sections 14 and 15 of this Plan include recommendations and other required actions and should be followed to implement this Plan. As a requirement of the Oil Pollution Act of 1990, any SPCC-regulated facility that could cause "substantial harm" to the environment as a result of a discharge of oil, is required to prepare and implement a Facility Response Plan in accordance with 40 CFR§112, Subpart D this SPCC Plan contains the completed "Certification of Substantial Harm Criteria Checklist" (Appendix A) used to certify that the facility does not pose a substantial harm to the environment and, therefore, is not required to prepare and implement a Facility Response Plan. In 40 CFR §112.2, the definition of `oil" means oil of any kind and any form, including, but not limited to: fats, oils or greases of animal, fish or marine mammal origin; vegetable oils, including oils from seeds, nuts, fruits or kernels; and other oils and greases, including petroleum, fuel oil, sludge, synthetic oils, mineral oils, oil refuse or oil mixed with wastes other than dredged spoil. In 40 CFR §112.2, the definition of"navigable waters" of the United States means: 1. All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; 2. All interstate waters including interstate wetlands; 3. All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce including any such waters: i. Which are or could be used by interstate or foreign travelers for recreational or other purposes; or