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Environmental Protection Agency §112.7
<br /> (ii)As described in paragraph(b)(3) of (2) Comply with all applicable re-
<br /> this section, the facility owner or oper- quirements listed in this part. Except
<br /> ator may not self-certify measures as as provided in §112.6, your Plan may
<br /> described in §112.9(c)(6) for produced deviate from the requirements in para-
<br /> water containers and any associated graphs (g), (h)(2) and (3), and (i) of this
<br /> piping. Such measures must be re- section and the requirements in sub-
<br /> viewed and certified,in writing, by a li- parts B and C of this part, except the
<br /> censed Professional Engineer, in ac- secondary containment requirements
<br /> cordance with§112.3(d)(1)(vi). in paragraphs (c) and (h)(1) of this sec-
<br /> (iii) The review and certification by tion, and §§112.8(c)(2), 112.8(c)(11),
<br /> the Professional Engineer under this 112.9(c)(2), 112.9(d)(3), 112.10(c),
<br /> paragraph is limited to the alternative 112.12(c)(2), and 112.12(c)(11), where ap-
<br /> method which achieves equivalent en- plicable to a specific facility, if you
<br /> vironmental protection pursuant to provide equivalent environmental pro-
<br /> §112.7(a)(2); to the impracticability de- tection by some other means of spill
<br /> termination and measures in lieu of prevention, control, or counter-
<br /> secondary containment pursuant to measure. Where your Plan does not
<br /> §112.7(d); or the measures pursuant to conform to the applicable requirements
<br /> §112.9(c)(6) for produced water con- in paragraphs (g), (h)(2) and (3), and (i)
<br /> tainers and any associated piping and of this section, or the requirements of
<br /> appurtenances downstream from the subparts B and C of this part, except
<br /> container. the secondary containment require-
<br /> [73 FR 74302, Dec. 5, 2008, as amended at 74 ments in paragraph (c) and (h)(1) of
<br /> FR 58810,Nov.13,20091 this section, and §§112.8(c)(2),
<br /> 112.8(c)(11), 112.9(c)(2), 112.10(c),
<br /> §112.7 General requirements for Spill 112.12(c)(2), and 112.12(c)(11), you must
<br /> Prevention, Control, and Counter- state the reasons for nonconformance
<br /> measure Plans. in your Plan and describe in detail al-
<br /> If you are the owner or operator of a ternate methods and how you will
<br /> facility subject to this part you must achieve equivalent environmental pro-
<br /> prepare a Plan in accordance with good tection. If the Regional Administrator
<br /> engineering practices. The Plan must determines that the measures Be-
<br /> have the full approval of management scribed in your Plan do not provide
<br /> at a level of authority to commit the equivalent environmental protection,
<br /> necessary resources to fully implement he may require that you amend your
<br /> the Plan. You must prepare the Plan in Plan, following the procedures in
<br /> writing. If you do not follow the se- §112.4(d)and(e).
<br /> quence specified in this section for the (3)Describe in your Plan the physical
<br /> Plan, you must prepare an equivalent layout of the facility and include a fa-
<br /> Plan acceptable to the Regional Ad- cility diagram, which must mark the
<br /> ministrator that meets all of the appli- location and contents of each fixed oil
<br /> cable requirements listed in this part, storage container and the storage area
<br /> and you must supplement it with a sec- where mobile or portable containers
<br /> tion cross-referencing the location of are located. The facility diagram must
<br /> requirements listed in this part and the identify the location of and mark as
<br /> equivalent requirements in the other "exempt" underground tanks that are
<br /> prevention plan. If the Plan calls for otherwise exempted from the require-
<br /> additional facilities or procedures, ments of this part under §112.1(d)(4).
<br /> methods, or equipment not yet fully The facility diagram must also include
<br /> operational, you must discuss these all transfer stations and connecting
<br /> items in separate paragraphs, and must pipes, including intra-facility gath-
<br /> explain separately the details of instal- ering lines that are otherwise exempt-
<br /> lation and operational start-up. As de- ed from the requirements of this part
<br /> tailed elsewhere in this section, you under §112.1(d)(11). You must also ad-
<br /> must also: dress in your Plan:
<br /> (a)(1) Include a discussion of your fa- (i) The type of oil in each fixed con-
<br /> cility's conformance with the require- tainer and its storage capacity. For
<br /> ments listed in this part. mobile or portable containers, either
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