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[73 FR 74302, Dec. 5, 2008, as amended at 74 FR 58810, Nov. 13, 2009]
<br /> 112.7 General requirements for Spill Prevention, Control, and Countermeasure Plans.
<br /> If you are the owner or operator of a facility subject to this part you must prepare a Plan in accordance with good
<br /> engineering practices.The Plan must have the full approval of management at a level of authority to commit the
<br /> necessary resources to fully implement the Plan.You must prepare the Plan in writing. If you do not follow the
<br /> sequence specified in this section for the Plan,you must prepare an equivalent Plan acceptable to the Regional
<br /> Administrator that meets all of the applicable requirements listed in this part, and you must supplement it with a section
<br /> cross-referencing the location of requirements listed in this part and the equivalent requirements in the other prevention
<br /> plan. If the Plan calls for additional facilities or procedures, methods, or equipment not yet fully operational, you must
<br /> discuss these items in separate paragraphs, and must explain separately the details of installation and operational
<br /> start-up.As detailed elsewhere in this section, you must also:
<br /> (a)(1) Include a discussion of your facility's conformance with the requirements listed in this part.
<br /> (2)Comply with all applicable requirements listed in this part. Except as provided in§112.6,your Plan may deviate
<br /> from the requirements in paragraphs(g), (h)(2)and (3), and (i)of this section and the requirements in subparts B and C
<br /> of this part, except the secondary containment requirements in paragraphs (c)and (h)(1)of this section, and
<br /> §§112.8(c)(2), 112.8(c)(11), 112.9(c)(2), 112.9(d)(3), 112.10(c), 112.12(c)(2), and 112.12(c)(11), where applicable to a
<br /> specific facility, if you provide equivalent environmental protection by some other means of spill prevention, control, or
<br /> countermeasure. Where your Plan does not conform to the applicable requirements in paragraphs(g), (h)(2)and (3),
<br /> and (i)of this section, or the requirements of subparts B and C of this part, except the secondary containment
<br /> requirements in paragraph (c)and (h)(1)of this section, and §§112.8(c)(2), 112.8(c)(11), 112.9(c)(2), 112.10(c),
<br /> 112.12(c)(2), and 112.12(c)(11), you must state the reasons for nonconformance in your Plan and describe in detail
<br /> alternate methods and how you will achieve equivalent environmental protection. If the Regional Administrator
<br /> determines that the measures described in your Plan do not provide equivalent environmental protection, he may
<br /> require that you amend your Plan,following the procedures in§112.4(d)and (e).
<br /> (3) Describe in your Plan the physical layout of the facility and include a facility diagram, which must mark the location
<br /> and contents of each fixed oil storage container and the storage area where mobile or portable containers are located.
<br /> The facility diagram must identify the location of and mark as"exempt"underground tanks that are otherwise exempted
<br /> from the requirements of this part under§112.1(d)(4).The facility diagram must also include all transfer stations and
<br /> connecting pipes, including intra-facility gathering lines that are otherwise exempted from the requirements of this part
<br /> under§112.1(d)(11).You must also address in your Plan:
<br /> (i)The type of oil in each fixed container and its storage capacity. For mobile or portable containers, either provide the
<br /> type of oil and storage capacity for each container or provide an estimate of the potential number of mobile or portable
<br /> containers,the types of oil, and anticipated storage capacities;
<br /> (ii)Discharge prevention measures including procedures for routine handling of products(loading, unloading, and
<br /> facility transfers, etc.);
<br /> (iii) Discharge or drainage controls such as secondary containment around containers and other structures, equipment,
<br /> and procedures for the control of a discharge;
<br /> (iv)Countermeasures for discharge discovery, response, and cleanup(both the facility's capability and those that might
<br /> be required of a contractor);
<br /> (v) Methods of disposal of recovered materials in accordance with applicable legal requirements; and
<br /> (vi)Contact list and phone numbers for the facility response coordinator, National Response Center, cleanup
<br /> contractors with whom you have an agreement for response, and all appropriate Federal, State, and local agencies
<br /> who must be contacted in case of a discharge as described in§112.1(b).
<br /> (4) Unless you have submitted a response plan under§112.20, provide information and procedures in your Plan to
<br /> enable a person reporting a discharge as described in§112.1(b)to relate information on the exact address or location
<br /> and phone number of the facility; the date and time of the discharge,the type of material discharged; estimates of the
<br /> total quantity discharged; estimates of the quantity discharged as described in §112.1(b);the source of the discharge; a
<br /> description of all affected media;the cause of the discharge; any damages or injuries caused by the discharge; actions
<br /> being used to stop, remove, and mitigate the effects of the discharge; whether an evacuation may be needed; and,the
<br /> names of individuals and/or organizations who have also been contacted.
<br /> (5) Unless you have submitted a response plan under§112.20, organize portions of the Plan describing procedures
<br /> you will use when a discharge occurs in a way that will make them readily usable in an emergency, and include
<br /> appropriate supporting material as appendices.
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