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SUBSTANTIAL HARM CRITERIA CHECKLIST (40 CFR 112.20 (e)) CERTIFICATION OF THE APPLICABILITY Facility Name: Food Express, Inc. Facility Address: 1250 Madruga Road, Lathrop, California 95330 1. Does the facility have an oil storage capacity that is greater than or equal to 42,000 gallons and conduct operations that include over-water transfers to or from vessels? Yes No X 2. Does the Facility have a total oil storage capacity greater than or equal to 1 million gallons and does the Facility lack secondary containment that is sufficiently large to contain the capacity of the largest aboveground oil storage tank plus sufficient freeboard to allow for precipitation within any aboveground oil storage tank area? Yes No X 3. Does the Facility have a total oil storage capacity greater than or equal to 1 million gallons and is the Facility located at a distance such that a discharge from the Facility could cause injury to fish and wildlife and sensitive environments? Yes No X 4. Does the Facility have a total oil storage capacity greater than or equal to 1 million gallons and is the Facility located at a distance such that a discharge from the Facility would shut down a public drinking waterintake? Yes No X 5. Does the Facility have a total oil storage capacity greater than or equal to 1 million gallons and has the Facility experienced a reportable oil spill in an amount greater than or equal to 10,000 gallons within the last 5 years? Yes No X CERTIFICATION I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document, and that based on my inquiry of those individuals responsible for obtaining this information, I believe that the submitted information is true, accurate, and complete. Signature Title Name (please type or print) Date