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1.0 Introduction and Applicability -40 CFR 112.1 In 1973, the United States Environmental Protection Agency (EPA) issued the Oil Pollution Prevention Regulation, which is codified in Title 40 of the Code of Federal Regulations (CFR) Part 112, to address the oil spill prevention provisions contained in the Clean Water Act of 1972. The regulation forms the basis of EPA's Oil Spill Prevention, Control and Countermeasure (SPCC) program, which seeks to prevent oil spills from certain aboveground and underground storage tanks from discharging to the navigable waters of the United States. The regulation was most recently updated in December 2006, requiring that a facility incorporate elements of the new regulations into its SPCC Plan. On May 11, 2007, the EPA issued an extended compliance deadline of July 1, 2009 for completion of updating and fully implementing the updated SPCC plan. On July 28, 2010, the EPA extended the compliance date to November 11, 2011. In particular, the regulation applies to non -transportation -related facilities that: 1) Have an aggregate aboveground storage capacity of more than 1,320 gallons; and 2) Could reasonably be expected to discharge oil in harmful quantities into navigable waters of the United States. The KRC TRACY PLANT has an aggregate aboveground storage capacity of more than 1,320 gallons, and a substantial release of oil from the facility could possibly enter tributaries to the San Joaquin River, a navigable water of the United States five miles east of the facility The KRC TRACY PLANT is therefore considered a regulated facility. 40 CFR 112 requires each owner or _-=- operator of a regulated facility to prepare an SPCC Plan (herein after referred to as the Plan). The Plan is required to address the facility's design, operation, and maintenance procedures established to prevent spills from occurring, as well as countermeasures to control, contain, clean up, and mitigate the effects of an oil spill that could affect navigable waters. This Plan is a detailed writt en description of how the KRC TRACY PLANT operations comply with the prevention guidelines in the Oil Pollution Prevention Regulation. The format of this SPCC Plan follows the sequence of 40 CFR 112. This document presents observations at the time of preparation and as documented by changes and amendments noted in section 5.0, Amendments to Plan by Owner. While the document reflects conditions noted by visual inspection and discussions with operating personnel, the owner/operator must independently assess the inspection findings and response procedures presented in this document. Any conclusions reached by the owner/operator and any action taken or omitt ed are the sole responsibility of the owner/operator. With respect to visual inspection and preparatioro of This Spill Prevention Control and Countermeasure Plan (SPCCP), D.K. Barber P.E. and Associates (the Engineer) warrants only that the services have been performed in accordance with accepted industry practice. If any such services fail to meet the foregoing warranty, the Engineer, shall re -perform the service to the same extent and to the same conditions as the original service.