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potential for any equipment failure that would result in a discharge of oil in quantities that are potentially harmful to the public health or welfare orto the environment as defined in 40 CFR 110.3 is minimal, since A.L.Powell Trucking /ALPT has never hada spill of: 1 . More than 1 ,000 U.S. gallons (approximately 24 barrels) of oil have been discharged into navigable waters in a single spill. 2. More than 32 U.S. gallons of oil have been discharged into navigable waters in each of two reportable spill events within any 12 month period. Paragraph 40 CFR 112.7 (i) requires that it is necessary to take appropriate action if a field- constructed aboveground container undergoes an alteration that might affect the risk of a discharge due to brittle fracture. There are no field-constructed tanks on the A.L.Powell Trucking /DBYH facility; therefore, the requirement for evaluating the potential for brittle fracture is not applicable. REGULATORY BACKGROUND Under the Clean Water Act, the Oil Pollution Prevention regulation or 40 CFR 112, requires facilities that have an aboveground oil storage capacity of greater than 1 ,320 gallons and/or an underground storage capacity of greater than 42,000 gallons (NO UST storage tanks on this site: 0 gallons)to prepare and implement a Spill Prevention, Control and Countermeasure (SPCC) Plan. The regulation applied to A.L.Powell Trucking /ALPT due to the existence of oil- containing aboveground storage tanks (ASTs) on the installation with a capacity, individually or in the aggregate, of more than 1 ,320 gallons and the legally expanded definitions that have evolved for the terms "navigable waters" and "discharge of oil in such quantities as may be harmful". Paragraph 40 CFR 112.7 requires that a written SPCC Plan, in accordance with good engineering practice, be prepared that has the full approval of management at the level of authority to commit the necessary resources to fully implement it. In addition, the SPCC Plan must include a complete discussion regarding conformance with EPA guidelines such as: • Control of drainage from diked and undiked storage areas • Integrity of bulk storage tanks and associated secondary containment to include failsafe engineering and periodic integrity testing • Periodic examination by operating personnel of piping integrity to include flange joints, expansion joints, pipeline supports, and metal surfaces • Compliance of tank truck loading procedures with applicable Department of Transportation (DOT) regulations • Written inspection procedures and records of inspection, which must be maintained for three years • Security of storage tanks and associated master flow and drain valves • Training of personnel in spill prevention procedures