COMPLIANCE INFO_2020 - Laserfiche WebLink

Home Browse Search

(f) If you appeal a decision made by the Regional Administrator requiring an amendment to an SPCC Plan, send the appeal to the EPA Administrator in writing within 30 days of receipt of the notice from the Regional Administrator requiring the amendment under paragraph (e)of this section. You must send a complete copy of the appeal to the Regional Administrator at the time you make the appeal. The appeal must contain a clear and concise statement of the issues and points of fact in the case. It may also contain additional information from you, or from any other person.The EPA Administrator may request additional information from you, or from any other person.The EPA Administrator must render a decision within 60 days of receiving the appeal and must notify you of his decision. 112.5 Amendment of Spill Prevention, Control, and Countermeasure Plan by owners or operators. are the owner or operator of a facility subject to this part, you must: (a)Amend the SPCC Plan for your facility in accordance with the general requirements in §112.7, and with any specific section of this part applicable to your facility,when there is a change in the facility design, construction, operation, or maintenance that materially affects its potential for a discharge as described in§112.1(b). Examples of changes that may require amendment of the Plan include, but are not limited to: commissioning or decommissioning containers; replacement, reconstruction, or movement of containers; reconstruction, replacement, or installation of piping systems; construction or demolition that might alter secondary containment structures; changes of product or service; or revision of standard operation or maintenance procedures at a facility.An amendment made under this section must be prepared within six months, and implemented as soon as possible, but not later than six months following preparation of the amendment. (b) Notwithstanding compliance with paragraph (a)of this section, complete a review and evaluation of the SPCC Plan at least once every five years from the date your facility becomes subject to this part; or, if your facility was in operation on or before August 16, 2002,five years from the date your last review was required under this part.As a result of this review and evaluation, you must amend your SPCC Plan within six months of the review to include more effective prevention and control technology if the technology has been field-proven at the time of the review and will significantly reduce the likelihood of a discharge as described in§112.1(b)from the facility. You must implement any amendment as soon as possible, but not later than six months following preparation of any amendment. You must document your completion of the review and evaluation, and must sign a statement as to whether you will amend the Plan, either at the beginning or end of the Plan or in a log or an appendix to the Plan. The following words will suffice, "I have completed review and evaluation of the SPCC Plan for(name of facility)on (date), and will (will not)amend the Plan as a result." (c) Except as provided in§112.6, have a Professional Engineer certify any technical amendments to your Plan in accordance with§112.3(d). [67 FR 47140, July 17, 2002, as amended at 71 FR 77291, Dec. 26, 2006; 73 FR 74301, Dec. 5, 2008; 74 FR 58809, Nov. 13, 2009] 112.6 Qualified Facilities Plan Requirements. Qualified facilities meeting the Tier I applicability criteria in§112.3(g)(1)are subject to the requirements in paragraph (a)of this section. Qualified facilities meeting the Tier II applicability criteria in§112.3(g)(2)are subject to the requirements in paragraph (b)of this section. (a) Tier 1 Qualified Facilities—(1)Preparation and Self-Certification of the Plan. If you are an owner or operator of a facility that meets the Tier I qualified facility criteria in §112.3(g)(1), you must either: comply with the requirements of paragraph (a)(3)of this section; or prepare and implement a Plan meeting requirements of paragraph (b)of this section; or prepare and implement a Plan meeting the general Plan requirements in§112.7 and applicable requirements in subparts B and C, including having the Plan certified by a Professional Engineer as required under §112.3(d). If you do not follow the Appendix G template, you must prepare an equivalent Plan that meets all of the applicable requirements listed in this part, and you must supplement it with a section cross-referencing the location of requirements listed in this part and the equivalent requirements in the other prevention plan.To complete the template in Appendix G, you must certify that: (i)You are familiar with the applicable requirements of 40 CFR part 112; (ii)You have visited and examined the facility; (iii)You prepared the Plan in accordance with accepted and sound industry practices and standards; (iv)You have established procedures for required inspections and testing in accordance with industry inspection and testing standards or recommended practices; (v)You will fully implement the Plan;