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equipment instead of general secondary containment.The Oil Spill Contingency Plan does not include all the <br /> provisions in 40CFR 109. For Qualified Oil-filled Operational Equipment.The owner or operator of a facility with <br /> oil-filled operational equipment that meets the qualification criteria in paragraph (k)(1)of this sub-section may choose <br /> to implement for this qualified oil-filled operational equipment the alternate requirements as described in paragraph <br /> (k)(2)of this sub-section in lieu of general secondary containment required in paragraph (c)of this section. <br /> (1)Qualification Criteria-Reportable Discharge History:The owner or operator of a facility that has had no single <br /> discharge as described in§ 112.1(b)from any oil-filled operational equipment exceeding 1,000 U.S. gallons or no <br /> two discharges as described in§ 112.1(b)from any oil-filled operational equipment each exceeding 42 U.S. gallons <br /> within any twelve month period in the three years prior to the SPCC Plan certification date,or since becoming <br /> subject to this part if the facility has been in operation for less than three years(other than oil discharges as <br /> described in§ 112.1(b)that are the result of natural disasters, acts of war or terrorism); and <br /> (2)Alternative Requirements to General Secondary Containment. If secondary containment is not provided for <br /> qualified oil-filled operational equipment pursuant to paragraph (c)of this section,the owner or operator of a facility <br /> with qualified oil-filled operational equipment must: <br /> (i) Establish and document the facility procedures for inspections or a monitoring program to detect equipment failure <br /> and/or a discharge; and (ii) Unless you have submitted a response plan under§ 112.20, provide in your Plan the <br /> following: <br /> (A)An oil spill contingency plan following the provisions of part 109 of this chapter. <br /> (B)A written commitment of manpower, equipment, and materials required to expeditiously control and remove any <br /> quantity of oil discharged that may be harmful. Immediately ensure that the Oil Spill Contingency Plan meets all the <br /> provisions of 40CFR 109 or provide general secondary containment for qualified oil-filled operational equipment. <br /> This is a Class II violation. <br /> Response: <br /> The Oil Spill Contingency Plan, located in Appendix C, has been updated to include all the provisions in <br /> 40 CFR 109.A list of emergency response equipment has been added to Table 6 of the Contingency Plan. <br /> The Oil Spill Contingency Plan is intended to address the oil-filled operational equipment in lieu of <br /> secondary containment.This is further clarified in section 6 and 16 of the SPCC plan. <br /> Violation#706—CFR 112.8(c)(2) Failed to provide and maintain adequate secondary containment. <br /> The 195 gallon emergency generator and the 140 gallon emergency generator were observed with insufficient <br /> secondary containment.The 195 gallon emergency generator and the 140 gallon emergency generator are single <br /> wall tanks.The SPCC plan states that the secondary containment is the operational oil-filled alternatives. <br /> Generators do not meet the definition of operational oil-filled equipment.All bulk storage tanks must be provided <br /> with a secondary means of containment for the entire capacity of the tank and sufficient freeboard to contain <br /> precipitation. Immediately provide sufficient secondary containment for this and all other tanks at this facility. <br /> This is a repeat violation, Class II. <br /> Response: <br /> We have updated the SPCC plan to eliminate the statement that the secondary containment for the <br /> generators is the operational oil-filled alternative. The "195 gallon emergency generator" is now <br /> designated Generator C and actually has a 200 gallon fuel capacity. It will be fitted with a secondary <br /> containment capacity of approximately 261 gallons. The "140 gallon emergency generator" is now <br /> designated Generator A and actually has a 100 gallon fuel capacity. It will be fitted with a secondary <br /> containment capacity of approximately 112 gallons. The correct fuel capacities and along with the <br /> correct secondary containment volumes for both the generators have been incorporated in the SPCC <br /> plan.The construction of the secondary containments for both the generators will be completed by July <br /> 19, 2019. See Table 2.4 and 2.5 for Containment Volume Calculations in the updated SPCC plan <br />