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result of natural disasters, acts of war, or terrorism), and has an aggregate aboveground oil storage capacity of 10,000
<br /> U.S. gallons or less.
<br /> [67 FR 47140, July 17, 2002, as amended at 68 FR 1351, Jan. 9, 2003; 68 FR 18894,Apr. 17, 2003; 69 FR 48798,
<br /> Aug. 11, 2004; 71 FR 8466, Feb. 17, 2006; 71 FR 77290, Dec. 26, 2006; 72 FR 27447, May 16, 2007; 73 FR 74301,
<br /> Dec. 5, 2008, 74 FR 29141, June 19, 2009; 74 FR 58809, Nov. 13, 2009; 75 FR 63102, Oct. 14, 2010; 76 FR 21660,
<br /> Apr. 18, 2011; 76 FR 64248, Oct. 18, 2011; 76 FR 72124, Nov. 22, 2011]
<br /> § 112.4 Amendment of Spill Prevention, Control, and Countermeasure Plan by Regional
<br /> Administrator.
<br /> If you are the owner or operator of a facility subject to this part, you must:
<br /> (a) Notwithstanding compliance with § 112.3,whenever your facility has discharged more than 1,000 U.S. gallons of oil
<br /> in a single discharge as described in § 112.1(b), or discharged more than 42 U.S. gallons of oil in each of two
<br /> discharges as described in§ 112.1(b), occurring within any twelve month period, submit the following information to the
<br /> Regional Administrator within 60 days from the time the facility becomes subject to this section:
<br /> (1) Name of the facility;
<br /> (2)Your name;
<br /> (3)Location of the facility;
<br /> (4)Maximum storage or handling capacity of the facility and normal daily throughput;
<br /> (5)Corrective action and countermeasures you have taken, including a description of equipment repairs and
<br /> replacements;
<br /> (6)An adequate description of the facility, including maps,flow diagrams, and topographical maps, as necessary;
<br /> (7)The cause of such discharge as described in§ 112.1(b), including a failure analysis of the system or subsystem in
<br /> which the failure occurred;
<br /> (8)Additional preventive measures you have taken or contemplated to minimize the possibility of recurrence; and
<br /> (9)Such other information as the Regional Administrator may reasonably require pertinent to the Plan or discharge.
<br /> (b)Take no action under this section until it applies to your facility. This section does not apply until the expiration of the
<br /> time permitted for the initial preparation and implementation of the Plan under§ 112.3, but not including any
<br /> amendments to the Plan.
<br /> (c)Send to the appropriate agency or agencies in charge of oil pollution control activities in the State in which the
<br /> facility is located a complete copy of all information you provided to the Regional Administrator under paragraph (a)of
<br /> this section. Upon receipt of the information such State agency or agencies may conduct a review and make
<br /> recommendations to the Regional Administrator as to further procedures, methods, equipment, and other requirements
<br /> necessary to prevent and to contain discharges from your facility.
<br /> (d)Amend your Plan, if after review by the Regional Administrator of the information you submit under paragraph (a)of
<br /> this section, or submission of information to EPA by the State agency under paragraph (c)of this section, or after on-
<br /> site review of your Plan, the Regional Administrator requires that you do so. The Regional Administrator may require
<br /> you to amend your Plan if he finds that it does not meet the requirements of this part or that amendment is necessary
<br /> to prevent and contain discharges from your facility.
<br /> (e)Act in accordance with this paragraph when the Regional Administrator proposes by certified mail or by personal
<br /> delivery that you amend your SPCC Plan. If the owner or operator is a corporation, he must also notify by mail the
<br /> registered agent of such corporation, if any and if known, in the State in which the facility is located.The Regional
<br /> Administrator must specify the terms of such proposed amendment.Within 30 days from receipt of such notice, you
<br /> may submit written information,views, and arguments on the proposed amendment.After considering all relevant
<br /> material presented,the Regional Administrator must either notify you of any amendment required or rescind the notice.
<br /> You must amend your Plan as required within 30 days after such notice, unless the Regional Administrator,for good
<br /> cause, specifies another effective date. You must implement the amended Plan as soon as possible, but not later than
<br /> six months after you amend your Plan, unless the Regional Administrator specifies another date.
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