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§112.2 40 CFR Ch. 1 (7-1-05 Edition) that minimizes the potential for dis- (4) If the Regional Administrator charges. The SPCC Plan must address makes a final determination that an all relevant spill prevention, control, SPCC Plan, or applicable part, is nec- and countermeasures necessary at the essary, the owner or operator must pre- specific facility. Compliance with this pare the Plan, or applicable part, with- part does not in any way relieve the in six months of that final determina- owner or operator of an onshore or an tion and implement the Plan, or appli- offshore facility from compliance with cable part, as soon as possible, but not other Federal, State, or local laws. later than one year after the Regional (f) Notwithstanding paragraph (d) of Administrator has made a final deter- this section, the Regional Adminis- mination. trator may require that the owner or (5) The owner or operator may appeal operator of any facility subject to the a final determination made by the Re- jurisdiction of EPA under section 3110) gional Administrator requiring prepa- of the CWA prepare and implement an ration and implementation of an SPCC SPCC Plan, or any applicable part, to Plan, or applicable part, under this carry out the purposes of the CWA. paragraph. The owner or operator must (1) Following a preliminary deter- make the appeal to the Administrator mination, the Regional Administrator of EPA within 30 days of receipt of the must provide a written notice to the final determination under paragraph owner or operator stating the reasons (b)(3) of this section from the Regional why he must prepare an SPCC Plan, or Administrator requiring preparation applicable part. The Regional Adminis- and/or implementation of an SPCC trator must send such notice to the Plan, or applicable part. The owner or owner or operator by certified mail or operator must send a complete copy of by personal delivery. If the owner or the appeal to the Regional Adminis- operator is a corporation, the Regional trator at the time he makes the appeal Administrator must also mail a copy of to the Administrator. The appeal must contain a clear and concise statement such notice to the registered agent, if any and if known, of the corporation in of the issues and points fact in the the State where the facility is located. case. In the appeal, the owner or oper- ator may also provide additional infor- (2) Within 30 days of receipt of such mation. The additional information written notice, the owner or operator may be from any person. The Adminis- may provide information and data and trator may request additional informa- may consult with the Agency about the tion from the owner or operator. The need to prepare an SPCC Plan, or appli- Administrator must render a decision cable part. within 60 days of receiving the appeal (3) Within 30 days following the time or additional information submitted by under paragraph (b)(2) of this section the owner or operator and must serve within which the owner or operator the owner or operator with the decision may provide information and data and made in the appeal in the manner de- consult with the Agency about the scribed in paragraph (f)(1) of this sec- need to prepare an SPCC Plan, or appli- tion. cable part, the Regional Administrator must make a final determination re- §112.2 Definitions. garding whether the owner or operator For the purposes of this part: is required to prepare and implement Adverse weather means weather condi- an SPCC Plan, or applicable part. The tions that make it difficult for re- Regional Administrator must send the sponse equipment and personnel to final determination to the owner or op- clean up or remove spilled oil, and that erator by certified mail or by personal must be considered when identifying delivery. If the owner or operator is a response systems and equipment in a corporation, the Regional Adminis- response plan for the applicable oper- trator must also mail a copy of the ating environment. Factors to consider final determination to the registered include significant wave height as agent, if any and if known, of the cor- specified in Appendix E to this part (as poration in the State where the facility appropriate), ice conditions, tempera- is located. tures, weather-related visibility, and 22