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Environmental Protection Agency §112.1
<br /> not subject to the jurisdiction of the The completely buried storage capac-
<br /> Environmental Protection Agency ity of a facility also excludes the ca-
<br /> (EPA) under section 3110)(1)(C) of the pacity of a container that is "perma-
<br /> CWA, as follows: nently closed,"as defined in§112.2.
<br /> (i) Any onshore or offshore facility, (ii) The aggregate aboveground stor-
<br /> that due to its location, could not rea- age capacity of the facility is 1,320 gal-
<br /> sonably be expected to have a dis- lons or less of oil. For purposes of this
<br /> charge as described in paragraph (b) of exemption, only containers of oil with
<br /> this section. This determination must a capacity of 55 gallons or greater are
<br /> be based solely upon consideration of counted. The aggregate aboveground
<br /> the geographical and location aspects storage capacity of a facility excludes
<br /> of the facility (such as proximity to the capacity of a container that is
<br /> navigable waters or adjoining shore- 'permanently closed," as defined in
<br /> lines, land contour, drainage, etc.) and §112.2.
<br /> must exclude consideration of man- (3) Any offshore oil drilling, produc-
<br /> made features such as dikes, equipment tion, or workover facility that is sub-
<br /> or other structures, which may serve ject to the notices and regulations of
<br /> to restrain, hinder, contain, or other- the Minerals Management Service, as
<br /> wise prevent a discharge as described specified in the Memorandum of Under-
<br /> in paragraph (b) of this section. standing between the Secretary of
<br /> (il) Any equipment, or operation of a Transportation, the Secretary of the
<br /> vessel or transportation-related on- Interior, and the Administrator of
<br /> shore or offshore facility which is sub- EPA, dated November 8, 1993 (Appendix
<br /> ject to the authority and control of the B of this part).
<br /> U.S. Department of Transportation, as
<br /> defined in the Memorandum of Under- (4) Any completely buried storage
<br /> standing between the Secretary of tank, as defined in §112.2, and con-
<br /> Transportation and the Administrator nected underground piping, under-
<br /> of EPA, dated November 24, 1971 (Ap- ground ancillary equipment, and con-
<br /> pendix A of this part). tainment systems, at any facility, that
<br /> (ill) Any equipment, or operation of a is subject to all of the technical re-
<br /> vessel or onshore or offshore facility quirements of part 280 of this chapter
<br /> which is subject to the authority and or a State program approved under
<br /> control of the U.S. Department of part 281 of this chapter, except that
<br /> Transportation or the U.S. Department such a tank must be marked on the fa-
<br /> of the Interior, as defined in the Memo- cility diagram as provided in
<br /> randum of Understanding between the §112.7(a)(3), if the facility is otherwise
<br /> Secretary of Transportation, the Sec- subject to this part.
<br /> retary of the Interior, and the Admin- (5) Any container with a storage ca-
<br /> istrator of EPA, dated November 8, 1993 pacity of less than 55 gallons of oil.
<br /> (Appendix B of this part). (6) Any facility or part thereof used
<br /> (2) Any facility which, although oth- exclusively for wastewater treatment
<br /> erwise subject to the jurisdiction of and not used to satisfy any require-
<br /> EPA, meets both of the following re- ment of this part. The production, re-
<br /> quirements: covery, or recycling of oil is not waste-
<br /> (1) The completely buried storage ca- water treatment for purposes of this
<br /> pacity of the facility is 42,000 gallons or paragraph.
<br /> less of oil. For purposes of this exemp- (e) This part establishes require-
<br /> tion, the completely buried storage ca- ments for the preparation and imple-
<br /> pacity of a facility excludes the capac- mentation of Spill Prevention, Control,
<br /> ity of a completely buried tank, as de- and Countermeasure (SPCC) Plans.
<br /> fined in §112.2, and connected under- SPCC Plans are designed to com-
<br /> ground piping, underground ancillary plement existing laws, regulations,
<br /> equipment, and containment systems, rules, standards, policies, and proce-
<br /> that is currently subject to all of the dures pertaining to safety standards,
<br /> technical requirements of part 280 of fire prevention, and pollution preven-
<br /> this chapter or all of the technical re- tion rules. The purpose of an SPCC
<br /> quirements of a State program ap- Plan is to form a comprehensive Fed-
<br /> proved under part 281 of this chapter. eral/State spill prevention program
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