|
(5)Any container with a storage capacity of less than 55 gallons of oil.
<br /> (6)Any facility or part thereof used exclusively for wastewater treatment and not used to satisfy any requirement of this
<br /> part.The production, recovery, or recycling of oil is not wastewater treatment for purposes of this paragraph.
<br /> (7)Any"motive power container,"as defined in§ 112.2. The transfer of fuel or other oil into a motive power container at
<br /> an otherwise regulated facility is not eligible for this exemption.
<br /> (8) Hot-mix asphalt, or any hot-mix asphalt container.
<br /> (9)Any container for heating oil used solely at a single-family residence.
<br /> (10)Any pesticide application equipment or related mix containers.
<br /> (11) Intra-facility gathering lines subject to the regulatory requirements of 49 CFR part 192 or 195, except that such a
<br /> line's location must be identified and marked as"exempt"on the facility diagram as provided in § 112.7(a)(3), if the
<br /> facility is otherwise subject to this part.
<br /> (12)Any milk and milk product container and associated piping and appurtenances.
<br /> (e)This part establishes requirements for the preparation and implementation of Spill Prevention, Control, and
<br /> Countermeasure (SPCC) Plans. SPCC Plans are designed to complement existing laws, regulations, rules, standards,
<br /> policies, and procedures pertaining to safety standards,fire prevention, and pollution prevention rules. The purpose of
<br /> an SPCC Plan is to form a comprehensive Federal/State spill prevention program that minimizes the potential for
<br /> discharges.The SPCC Plan must address all relevant spill prevention, control, and countermeasures necessary at the
<br /> specific facility. Compliance with this part does not in any way relieve the owner or operator of an onshore or an
<br /> offshore facility from compliance with other Federal, State, or local laws.
<br /> (f)Notwithstanding paragraph (d)of this section,the Regional Administrator may require that the owner or operator of
<br /> any facility subject to the jurisdiction of EPA under section 311 Q)of the CWA prepare and implement an SPCC Plan, or
<br /> any applicable part,to carry out the purposes of the CWA.
<br /> (1) Following a preliminary determination, the Regional Administrator must provide a written notice to the owner or
<br /> operator stating the reasons why he must prepare an SPCC Plan, or applicable part. The Regional Administrator must
<br /> send such notice to the owner or operator by certified mail or by personal delivery. If the owner or operator is a
<br /> corporation, the Regional Administrator must also mail a copy of such notice to the registered agent, if any and if
<br /> known, of the corporation in the State where the facility is located.
<br /> (2)Within 30 days of receipt of such written notice,the owner or operator may provide information and data and may
<br /> consult with the Agency about the need to prepare an SPCC Plan, or applicable part.
<br /> (3)Within 30 days following the time under paragraph (b)(2)of this section within which the owner or operator may
<br /> provide information and data and consult with the Agency about the need to prepare an SPCC Plan, or applicable part,
<br /> the Regional Administrator must make a final determination regarding whether the owner or operator is required to
<br /> prepare and implement an SPCC Plan, or applicable part.The Regional Administrator must send the final
<br /> determination to the owner or operator by certified mail or by personal delivery. If the owner or operator is a
<br /> corporation, the Regional Administrator must also mail a copy of the final determination to the registered agent, if any
<br /> and if known, of the corporation in the State where the facility is located.
<br /> (4) If the Regional Administrator makes a final determination that an SPCC Plan, or applicable part, is necessary,the
<br /> owner or operator must prepare the Plan, or applicable part,within six months of that final determination and implement
<br /> the Plan, or applicable part, as soon as possible, but not later than one year after the Regional Administrator has made
<br /> a final determination.
<br /> (5)The owner or operator may appeal a final determination made by the Regional Administrator requiring preparation
<br /> and implementation of an SPCC Plan, or applicable part, under this paragraph. The owner or operator must make the
<br /> appeal to the Administrator of EPA within 30 days of receipt of the final determination under paragraph (b)(3)of this
<br /> section from the Regional Administrator requiring preparation and/or implementation of an SPCC Plan, or applicable
<br /> part. The owner or operator must send a complete copy of the appeal to the Regional Administrator at the time he
<br /> makes the appeal to the Administrator. The appeal must contain a clear and concise statement of the issues and points
<br /> of fact in the case. In the appeal, the owner or operator may also provide additional information. The additional
<br /> information may be from any person.The Administrator may request additional information from the owner or operator.
<br /> The Administrator must render a decision within 60 days of receiving the appeal or additional information submitted by
<br /> the owner or operator and must serve the owner or operator with the decision made in the appeal in the manner
<br /> described in paragraph (f)(1)of this section.
<br />
|