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Part 112.7 (c). For example, small double walled ASTs, when used generally would <br /> provide substantially equivalent protection of navigable waters under section 112.7 (c) of <br /> the SPCC regulation when the inner tank is an Underwriters' Laboratory-listed steel tank, <br /> the outer wall is constructed in accordance with nationally accepted industry standards <br /> (e.g., those codified by the American Petroleum Institute, the Steel Tank Institute, and <br /> American Concrete Institute), the tank has overfill prevention measures that include an <br /> overfill alarm and an automatic flow restrictor or flow shut-off,2 and all product transfers <br /> are constantly monitored.3 <br /> CONCLUSION <br /> When the only significant source of potential oil spills to navigable waters of the <br /> United States from a facility is from alternative ASTs as described in this memorandum, <br /> an SPCC Plan that is certified by a Registered Professional Engineer and that requires <br /> equipment and operating practices in accordance with good engineering practice and the <br /> principle of substantial equivalence as described above should be presumed to achieve <br /> the protection of navigable waters substantially equivalent to that provided by the <br /> preventive systems specified in 40 CFR Part 112.7 (c). <br /> CC: <br /> Removal Managers, Regions I-X <br /> 2 Consistent with the performance standards for these devices as described in section 280.20(c)of EPA <br /> regulations for USTs at 40 CFR Part 280 and in an August 5, 1991,amendment,an automatic flow shut-off <br /> will shut off flow so that none of the fittings located on top of the tank are exposed to product as a result of <br /> overfilling,and automatic flow restrictor will restrict flow 30 minutes prior to overfill or when the tank is <br /> no more than 90 percent full,and a high level alarm will alert the operator one minute before overfilling or <br /> when the tank is no more than 90 percent full. <br /> s Consistent with the performance standard for overfill control as described in section 280.30(a)of EPA <br /> regulations for USTs at 40 CFR Part 280,an owner/operator of the facility will ensure that the transfer <br /> operation is monitored constantly to prevent overfilling and spilling. <br />