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The following is an itemized list of aboveground petroleum storage act violations that have not been addressed for OWENS-BROCKWAY GLASS CONTAINER INC as of October 04, 2016. Open violations from April 14, 2016 inspection Violation#101 -Failed to prepare and implement a written SPCC Plan in accordance with CFR Part 112. This facility has an Aboveground Petroleum Storage Act(APSA) regulated shell capacity of>10,000 gallons. A Spill Prevention, Control, and Countermeasure (SPCC) Plan (dated March 4, 2011)was onsite. The reviewed plan is not being implemented as written, for example, two people are required to be present during filling of the diesel tank (or present during filling of any container located some distance from the tanker), according to William Boscacci, this practice is not being implemented at this time. All facilities which have an APSA regulated shell capacity of 1,320 gallons or greater shall prepare a written SPCC Plan which meets all of the requirements of the 40 CFR Part 112. Each owner or operator specified in this subdivision shall prepare and implement the SPCC plan to assure compliance with Section 112 (commencing with Section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations. Submit proof of correction to the EHD. #101:RESPONSE TO THE RECEIVED RETURN TO COMPLIANCE CORRECTIVE ACTION STATEMENT(RTC): The submitted SPCC plan is not a final plan and is conditional on implementation of several required facility changes. As such, this facility is still out of compliance until an adequate SPCC plan is prepared and implemented. Submit proof of correction to the EHD. Violation#604-No facility diagram or didn't show location and contents of containers,transfer stations, and pipes. No transfer pipes were noted on the reviewed facility diagram included in the reviewed the Spill Prevention, Control, and Countermeasure (SPCC) plan. The SPCC Plan shall include a facility diagram which must mark the location and contents of each fixed storage container and the storage area where mobile or portable containers are located. It must identify the location of and mark as"exempt" underground tanks. It must also include all transfer stations and connecting pipes, including intra-facility gathering lines. Immediately update the facility diagram to include all of the required information. Submit a legible copy of the updated facility diagram to the EHD for review. #604:RESPONSE TO THE RECEIVED RETURN TO COMPLIANCE CORRECTIVE ACTION STATEMENT(RTC):No transfer pipes(or underground tanks) were included on the revised facility diagram, please provide a corrective action statement clarifying the presence (or absence)of these features, or provide an updated facility diagram that accurately depicts your facility layout. Violation #609 -Failed to provide secondary containment, diversionary structures, or equipment to prevent discharge. According to the site inspection and according to the reviewed tank assessment report, prepared by Canestoga-Rovers&Associates (dated August 15, 2012), the 450-gallon and 1750-gallon waste oil tanks appear to have insufficient secondary containment. The reviewed waste oil tank assessment, indicated the oil water separator pit used as secondary containment for the 1,750-gallon tank"doesn't appear to meet the requirements of 22 CCR 66265.193 and it didn't appear to be lined and cracks were observed in concrete above the liquid level in the pit". Furthermore, according to the same tank assessment, the 450-gallon waste oil tank has no secondary containment. Also, the oily waste mixture, referred to as"biosol" and used in the glass making process, discharges directly from the glass making area into an unlined area where it pools and subsequently flows into the respective in-ground oil water separators. Also, standing oily liquid was noted next to the oil filled equipment, and no sized or general secondary containment provisions were observed at the time of inspection next to the said equipment. A facility shall provide appropriate containment and/or diversionary structures or equipment to prevent a discharge. The entire containment system, including walls and floor, must be capable of containing oil and must be constructed so that any discharge from a primary containment system will not escape the containment system before cleanup occurs. Immediately provide adequate secondary containment for all aboveground petroleum storage containers larger than 55 gallons. #609 RESPONSE TO THE RECEIVED RETURN TO COMPLIANCE CORRECTIVE ACTION STATEMENT(RTC): The submitted SPCC plan is conditional on implementation of several required facility changes including the provision for the adequate secondary containment for regulated above ground storage containers, as such, this facility is still out of compliance until the adequate secondary containment is provided. Submit proof of correction to the EHD. Page 1 of 4