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§112.8 40 CFR Ch. 1 (7-1-19 Edition) (j)In addition to the minimal preven- quired to expeditiously control and re- tion standards listed under this sec- move any quantity of oil discharged tion, include in your Plan a complete that may be harmful. discussion of conformance with the ap- plicable requirements and other effec- F 77 47140, July 10 2; 73 F amended Dec. 7, FR 77292, Dec. 26, 2006; 73 FR 74303, c. 5, tive discharge prevention and contain- 2008;74 FR 58810,Nov.13,2009] ment procedures listed in this part or any applicable more stringent State rules,regulations, and guidelines. Subpart 13—Requirements for Pe- (k) Qualified Oil-filled Operational troleum Oils and Non-Petro- Equipment. The owner or operator of a leum Oils, Except Animal Fats facility with oil-filled operational and Oils and Greases, and equipment that meets the qualification Fish and Marine Mammal Oils; criteria in paragraph (k)(1) of this sub- and Vegetable Oils (Including section may choose to implement for Oils from Seeds, Nuts, Fruits, this qualified oil-filled operational and Kernels) equipment the alternate requirements as described in paragraph (k)(2) of this sub-section in lieu of general secondary SOURCE: 67 FR 47146, July 17, 2002, unless containment required in paragraph (c) otherwise noted. of this section. (1) Qualification Criteria—Reportable §112.8 Spill Prevention, Control, and Discharge History: The owner or oper- Countermeasure Plan requirements for onshore facilities (excluding ator of a facility that has had no single production facilities). discharge as described in §112.1(b) from any oil-filled operational equipment If you are the owner or operator of an exceeding 1,000 U.S. gallons or no two onshore facility (excluding a produc- discharges as described in §112.1(b) tion facility), you must: from any oil-filled operational equip- (a) Meet the general requirements for ment each exceeding 42 U.S. gallons the Plan listed under §112.7, and the within any twelve month period in the specific discharge prevention and con- three years prior to the SPCC Plan cer- tainment procedures listed in this rec- tification date, or since becoming sub- tion. ject to this part if the facility has been (b) Facility drainage. (1) Restrain in operation for less than three years drainage from diked storage areas by (other than oil discharges as described valves to prevent a discharge into the in §112.1(b) that are the result of nat- drainage system or facility effluent ural disasters, acts of war or ter- treatment system, except where facil- rorism); and ity systems are designed to control (2) Alternative Requirements to General such discharge. You may empty diked Secondary Containment. If secondary areas by pumps or ejectors; however, containment is not provided for quali- you must manually activate these fied oil-filled operational equipment pumps or ejectors and must inspect the pursuant to paragraph (c) of this sec- condition of the accumulation before tion, the owner or operator of a facility starting, to ensure no oil will be dis- with qualified oil-filled operational charged. equipment must: (2) Use valves of manual, open-and- (i) Establish and document the facil- closed design, for the drainage of diked ity procedures for inspections or a areas. You may not use flapper-type monitoring program to detect equip- drain valves to drain diked areas. If ment failure and/or a discharge; and your facility drainage drains directly (ii) Unless you have submitted a re- into a watercourse and not into an on- sponse plan under §112.20, provide in site wastewater treatment plant, you your Plan the following: must inspect and may drain (A) An oil spill contingency plan fol- uncontaminated retained stormwater, lowing the provisions of part 109 of this as provided in paragraphs (c)(3)(ii), chapter. (iii), and(iv)of this section. (B) A written commitment of man- (3) Design facility drainage systems power, equipment, and materials re- from undiked areas with a potential for 42