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§112.5 40 CFR Ch. 1 (7-1-05 Edition) the Plan under§112.3, but not including (f) If you appeal a decision made by any amendments to the Plan. the Regional Administrator requiring (c) Send to the appropriate agency or an amendment to an SPCC Plan, send agencies in charge of oil pollution con- the appeal to the EPA Administrator trol activities in the State in which the in writing within 30 days of receipt of facility is located a complete copy of the notice from the Regional Adminis- all information you provided to the Re- trator requiring the amendment under gional Administrator under paragraph paragraph (e) of this section. You must (a) of this section. Upon receipt of the send a complete copy of the appeal to information such State agency or agen- the Regional Administrator at the cies may conduct a review and make time you make the appeal. The appeal recommendations to the Regional Ad- must contain a clear and concise state- ministrator as to further procedures, ment of the issues and points of fact in methods, equipment, and other require- the case. It may also contain addi- ments necessary to prevent and to con- tional information from you, or from tain discharges from your facility. any other person. The EPA Adminis- (d) Amend your Plan, if after review trator may request additional informa- by the Regional Administrator of the tion from you, or from any other per- information you submit under para- son. The EPA Administrator must graph (a) of this section, or submission render a decision within 60 days of re- of information to EPA by the State ceiving the appeal and must notify you agency under paragraph (c) of this sec- of his decision. tion, or after on-site review of your Plan, the Regional Administrator re- §112.5 Amendment of Spill Preven- quires that you do so. The Regional tion, Control, and Countermeasure Administrator may require you to plan by owners or operators. amend your Plan if he finds that it If you are the owner or operator of a does not meet the requirements of this facility subject to this part, you must: part or that amendment is necessary to (a) Amend the SPCC Plan for your fa- prevent and contain discharges from cility in accordance with the general your facility. requirements in §112.7, and with any (e) Act in accordance with this para- specific section of this part applicable graph when the Regional Adminis- to your facility, when there is a change trator proposes by certified mail or by in the facility design, construction, op- personal delivery that you amend your eration, or maintenance that materi- SPCC Plan. If the owner or operator is ally affects its potential for a dis- a corporation, he must also notify by charge as described in §112.1(b). Exam- mail the registered agent of such cor- ples of changes that may require poration, if any and if known, in the amendment of the Plan include, but State in which the facility is located. are not limited to: commissioning or The Regional Administrator must decommissioning containers: replace- specify the terms of such proposed ment, reconstruction, or movement of amendment. Within 30 days from re- containers; reconstruction, replace- ceipt of such notice, you may submit ment, or installation of piping systems; written information, views, and argu- construction or demolition that might ments on the proposed amendment. alter secondary containment struc- After considering all relevant material tures; changes of product or service; or presented, the Regional Administrator revision of standard operation or main- must either notify you of any amend- tenance procedures at a facility. An ment required or rescind the notice. amendment made under this section You must amend your Plan as required must be prepared within six months, within 30 days after such notice, unless and implemented as soon as possible, the Regional Administrator, for good but not later than six months following cause, specifies another effective date. preparation of the amendment. You must implement the amended Plan (b) Notwithstanding compliance with as soon as possible, but not later than paragraph (a) of this section, complete six months after you amend your Plan, a review and evaluation of the SPCC unless the Regional Administrator Plan at least once every five years specifies another date. from the date your facility becomes 28