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Spill Prevention Control and Countermeasure Plan Food Express, Inc. 1250 Madruga Road FOOD EXPRESS,TINC. Lathrop, California 95330 dEb du May 2020 Page 16 10.0 STATE DISCHARGE PREVENTION REGULATIONS [40 CFR §112.7(J)] California regulations are incorporated in this SPCC Plan where appropriate. A copy of California's Aboveground Petroleum Storage Act(APSA) Regulations are included in Regulation References 3. 11.0 QUALIFIED OIL-FILLED OPERATIONAL EQUIPMENT 112.7(K) Oil-filled operational equipment (OFOE) is equipment that includes an oil storage container (or multiple containers and associated piping intrinsic to the operation of the equipment) in which the oil is present solely to support the function of the apparatus or the device. It is not considered a bulk storage container, and does not include oil-filled manufacturing equipment (flow-through process). Some examples include, but are not limited to: hydraulic systems, lubricating systems (e.g., those for pumps, compressors, and other rotating equipment including pumpjack lubrication systems), gear boxes, machining coolant systems, heat transfer systems, transformers, circuit breakers, electrical switches, and other systems containing oil solely to enable the operation of the device. There is no OFOE at this facility. The owner or operator of a facility with OFOE that meets the qualification criteria in paragraph (k)(1) of this sub-section may choose to implement for this qualified oil-filled operational equipment the alternate requirements as described in paragraph (k)(2) of this sub-section in lieu of general secondary containment required in paragraph (c) of this section. (k)(1) Qualification Criteria- Reportable Discharge History: The owner or operator of a facility that has had no single discharge as described in § 112.1(b) from any oil-filled operational equipment exceeding 1,000 U.S. gallons or no two discharges as described in § 112.1(b) from any oil-filled operational equipment each exceeding 42 U.S. gallons within any twelve month period in the three years prior to the SPCC Plan certification date, or since becoming subject to this part if the facility has been in operation for less than three years (other than oil discharges as described in § 112.1(b) that are the result of natural disasters, acts of war or terrorism); (k)(2)Alternative Requirements to General Secondary Containment. If secondary containment is not provided for qualified oil-filled operational equipment pursuant to paragraph (c)of this section, the owner or operator of a facility with qualified oil-filled operational equipment must: (i) Establish and document the facility procedures for inspections or a monitoring program to detect equipment failure and/or a discharge; and (ii) Unless you have submitted a response plan under§112.20, provide in your Plan the following: (A) An oil spill contingency plan following the provisions of part 109 of this chapter. (B) A written commitment of manpower, equipment, and materials required to expeditiously control and remove any quantity of oil discharged that may be harmful. =ATC Page 16