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CERTIFICATION OF THE APPLICABILITY OF THE SUBSTANTIAL HARM CRITERIA <br /> (CFR 40§112.20 APPENDIX CII) <br /> Facility Name: Brown Sand, Inc. <br /> Facility Address: 800 West Mossdale Road, Lathrop, CA 95330 <br /> 1. Does the facility transfer oil over water to or from vessels and does the facility have a total oil storage capacity greater <br /> than or equal to 42,000 gallons? <br /> Yes-0 No <br /> 2. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and does the facility lack <br /> secondary containment that is sufficiently large to contain the capacity of the largest aboveground oil storage tank plus <br /> sufficient freeboard to allow for precipitation within any aboveground oil storage tank area? <br /> Yes o No <br /> 3. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and is the facility located at a <br /> distance (as calculated using the appropriate formula in Attachment C-III to this appendix or a comparable formula')such <br /> that a discharge from the facility could cause injury to fish and wildlife and sensitive environments? For further description <br /> of fish and wildlife and sensitive environments, see Appendices I, II, and III to DOC/NOAA's"Guidance for Facility and <br /> Vessel Response Plans: Fish and Wildlife and Sensitive Environments" (see appendix E to this part, section 13, for <br /> availability)and the applicable Area Contingency Plan. <br /> Yes o No <br /> 4. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and is the facility located at a <br /> distance (as calculated using the appropriate formula in Attachment C-III to this appendix or a comparable formula') such <br /> that a discharge from the facility would shut down a public drinking water intake?' <br /> Yes(-) No <br /> 5. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and has the facility <br /> experienced a reportable oil discharge in an amount greater than or equal to 10,000 gallons within the last 5 years? <br /> Yes No <br /> Certification <br /> I certify under penalty of law that I have personally examined and am familiar with the information submitted in this <br /> document, and that based on my inquiry of those individuals responsible for obtaining this information, I believe that the <br /> submitted information is true, accurate, and complete. <br /> Signature Title <br /> Name (please type or print) Date <br />