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§112.3 40 CFR Ch. 1 (7-1-05 Edition)
<br /> but not limited to oils and fats derived to have a discharge as described in
<br /> from plant seeds, nuts, fruits, and ker- §112.1(b), you must prepare and imple-
<br /> nels. ment a Plan before you begin oper-
<br /> Vessel means every description of ations.
<br /> watercraft or other artificial contriv- (c) If you are the owner or operator
<br /> ante used, or capable of being used, as of an onshore or offshore mobile facil-
<br /> a means of transportation on water, ity, such as an onshore drilling or
<br /> other than a public vessel. workover rig, barge mounted offshore
<br /> Wetlands means those areas that are drilling or workover rig, or portable
<br /> inundated or saturated by surface or fueling facility, you must prepare, im-
<br /> groundwater at a frequency or duration plement, and maintain a facility Plan
<br /> sufficient to support, and that under as required by this section. You must
<br /> normal circumstances do support, a maintain your Plan, but must amend
<br /> prevalence of vegetation typically and implement it, if necessary to en-
<br /> adapted for life in saturated soil condi- sure compliance with this part, on or
<br /> tions. Wetlands generally include playa before August 18, 2006. If your onshore
<br /> lakes, swamps, marshes, bogs, and or offshore mobile facility becomes
<br /> similar areas such as sloughs, prairie operational after August 18, 2006, and
<br /> potholes, wet meadows, prairie river could reasonably be expected to have a
<br /> overflows, mudflats, and natural ponds. discharge as described in §112.1(b), you
<br /> Worst case discharge for an onshore must prepare and implement a Plan be-
<br /> non-transportation-related facility fore you begin operations. This provi-
<br /> means the largest foreseeable dis- sion does not require that you prepare
<br /> charge in adverse weather conditions a new Plan each time you move the Pa-
<br /> as determined using the worksheets in cility to a new site. The Plan may be a
<br /> Appendix D to this part. general Plan. When you move the mo-
<br /> §112.3 Requirement to prepare and bile or portable facility, you must lo-
<br /> implement a Spill Prevention, Con- tate and install it using the discharge
<br /> trol,and Countermeasure Plan. prevention practices outlined in the
<br /> Plan for the facility. The Plan is appli-
<br /> The owner or operator of an onshore cable only while the facility is in a
<br /> or offshore facility subject to this sec- fixed (non-transportation) operating
<br /> tion must prepare a Spill Prevention, mode.
<br /> Control, and Countermeasure Plan
<br /> (hereafter "SPCC Plan" or "Plan)," in ( A licensed Professional Engineer
<br /> writing, and in accordance with §112.7, must review and certify a Plan for it to
<br /> and any other applicable section of this be effective to satisfy the requirements
<br /> of this part.
<br /> part.
<br /> (a) If your onshore or offshore facil- (1) By means of this certification the
<br /> Professional Engineer attests:
<br /> ity was in operation on or before Au-
<br /> gust 16, 2002, you must maintain your (i) That he is familiar with the re-
<br /> Plan, but must amend it, if necessary quirements of this part ;
<br /> to ensure compliance with this part, on (ii) That he or his agent has visited
<br /> or before February 17, 2006, and must and examined the facility;
<br /> implement the amended Plan as soon (iii) That the Plan has been prepared
<br /> as possible, but not later than August in accordance with good engineering
<br /> 18, 2006. If your onshore or offshore fa- practice, including consideration of ap-
<br /> cility becomes operational after Au- plicable industry standards, and with
<br /> gust 16, 2002, through August 18, 2006, the requirements of this part;
<br /> and could reasonably be expected to (iv) That procedures for required in-
<br /> have a discharge as described in spections and testing have been estab-
<br /> §112.1(b), you must prepare a Plan on lished; and
<br /> or before August 18, 2006, and fully im- (v) That the Plan is adequate for the
<br /> plement it as soon as possible, but not facility.
<br /> later than August 18, 2006. (2) Such certification shall in no way
<br /> (b) If you are the owner or operator relieve the owner or operator of a facil-
<br /> of an onshore or offshore facility that ity of his duty to prepare and fully im-
<br /> becomes operational after August 18, plement such Plan in accordance with
<br /> 2006, and could reasonably be expected the requirements of this part.
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