Attachment_14_-_Exhibit_K_-_CFR-2020-title40-vol24-part112.pdf

Environmental Protection Agency § 112.1

PART 112—OIL POLLUTION

PREVENTION

Subpart A—Applicability, Definitions, and General Requirements For All Facilities and All Types of Oils

Sec.

112.1 General applicability.

112.2 Definitions.

112.3 Requirement to prepare and imple-

ment a Spill Prevention, Control, and Countermeasure Plan.

112.4 Amendment of Spill Prevention, Con-

trol, and Countermeasure Plan by Re-gional Administrator.

112.5 Amendment of Spill Prevention, Con-

trol, and Countermeasure Plan by owners or operators.

112.6 Qualified Facility Plan Requirements.

112.7 General requirements for Spill Preven-

tion, Control, and Countermeasure Plans.

Subpart B—Requirements for Petroleum Oils and Non-Petroleum Oils, Except Animal Fats and Oils and Greases, and Fish and Marine Mammal Oils;

and Vegetable Oils (Including Oils from Seeds, Nuts, Fruits, and Kernels)

112.8 Spill Prevention, Control, and Coun-

termeasure Plan requirements for on-shore facilities (excluding production fa-cilities).

112.9 Spill Prevention, Control, and Coun-

termeasure Plan Requirements for on-shore oil production facilities (excluding drilling and workover facilities).

112.10 Spill Prevention, Control, and Coun-

termeasure Plan requirements for on-shore oil drilling and workover facilities.

112.11 Spill Prevention, Control, and Coun-

termeasure Plan requirements for off-shore oil drilling, production, or workover facilities.

Subpart C—Requirements for Animal Fats and Oils and Greases, and Fish and Marine Mammal Oils; and for Vege-table Oils, Including Oils from Seeds, Nuts, Fruits and Kernels

112.12 Spill Prevention, Control, and Coun-

termeasure Plan requirements.

112.13–112.15 [Reserved]

Subpart D—Response Requirements

112.20 Facility response plans.

112.21 Facility response training and drills/

exercises.

APPENDIX A TO PART 112—MEMORANDUM OF

UNDERSTANDING BETWEEN THE SECRETARY

OF TRANSPORTATION AND THE ADMINIS-

TRATOR OF THE ENVIRONMENTAL PROTEC-

TION AGENCY

APPENDIX B TO PART 112—MEMORANDUM OF

UNDERSTANDING AMONG THE SECRETARY

OF THE INTERIOR, SECRETARY OF TRANS-

PORTATION, AND ADMINISTRATOR OF THE

ENVIRONMENTAL PROTECTION AGENCY

APPENDIX C TO PART 112—SUBSTANTIAL HARM

CRITERIA

APPENDIX D TO PART 112—DETERMINATION OF

A WORST CASE DISCHARGE PLANNING VOL-

UME

APPENDIX E TO PART 112—DETERMINATION

AND EVALUATION OF REQUIRED RESPONSE

RESOURCES FOR FACILITY RESPONSE

PLANS

APPENDIX F TO PART 112—FACILITY-SPECIFIC

RESPONSE PLAN

APPENDIX G TO PART 112—TIER I QUALIFIED

FACILITY SPCC PLAN

AUTHORITY: 33 U.S.C. 1251 et seq.

SOURCE: 38 FR 34165, Dec. 11, 1973, unless otherwise noted.

EDITORIAL NOTE: Nomenclature changes to part 112 appear at 65 FR 40798, June 30, 2000.

Subpart A—Applicability, Defini-tions, and General Require-ments for All Facilities and All Types of Oils

SOURCE: 67 FR 47140, July 17, 2002, unless otherwise noted.

§ 112.1 General applicability.

(a)(1) This part establishes proce-dures, methods, equipment, and other requirements to prevent the discharge of oil from non-transportation-related onshore and offshore facilities into or upon the navigable waters of the United States or adjoining shorelines, or into or upon the waters of the con-tiguous zone, or in connection with ac-tivities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974, or that may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (includ-ing resources under the Magnuson Fishery Conservation and Management Act).

(2) As used in this part, words in the singular also include the plural and words in the masculine gender also in-clude the feminine and vice versa, as the case may require.

(b) Except as provided in paragraph

(d) of this section, this part applies to

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40 CFR Ch. I (7–1–20 Edition) § 112.1 any owner or operator of a non-trans-portation-related onshore or offshore facility engaged in drilling, producing, gathering, storing, processing, refining, transferring, distributing, using, or consuming oil and oil products, which due to its location, could reasonably be expected to discharge oil in quantities that may be harmful, as described in part 110 of this chapter, into or upon the navigable waters of the United States or adjoining shorelines, or into or upon the waters of the contiguous zone, or in connection with activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974, or that may affect natural re-sources belonging to, appertaining to, or under the exclusive management au-thority of the United States (including resources under the Magnuson Fishery Conservation and Management Act) that has oil in:

(1) Any aboveground container;

(2) Any completely buried tank as de-fined in § 112.2;

(3) Any container that is used for standby storage, for seasonal storage, or for temporary storage, or not other-wise ‘‘permanently closed’’ as defined in § 112.2;

(4) Any ‘‘bunkered tank’’ or ‘‘par-tially buried tank’’ as defined in § 112.2, or any container in a vault, each of which is considered an aboveground storage container for purposes of this part.

(c) As provided in section 313 of the Clean Water Act (CWA), departments, agencies, and instrumentalities of the Federal government are subject to this part to the same extent as any person.

(d) Except as provided in paragraph

(f) of this section, this part does not apply to:

(1) The owner or operator of any fa-cility, equipment, or operation that is not subject to the jurisdiction of the Environmental Protection Agency (EPA) under section 311(j)(1)(C) of the CWA, as follows:

(i) Any onshore or offshore facility, that due to its location, could not rea-sonably be expected to have a dis-charge as described in paragraph (b) of this section. This determination must be based solely upon consideration of the geographical and location aspects of the facility (such as proximity to navigable waters or adjoining shore-lines, land contour, drainage, etc.) and must exclude consideration of man-made features such as dikes, equipment or other structures, which may serve to restrain, hinder, contain, or other-wise prevent a discharge as described in paragraph (b) of this section.

(ii) Any equipment, or operation of a vessel or transportation-related on-shore or offshore facility which is sub-ject to the authority and control of the U.S. Department of Transportation, as defined in the Memorandum of Under-standing between the Secretary of Transportation and the Administrator of EPA, dated November 24, 1971 (ap-pendix A of this part).

(iii) Any equipment, or operation of a vessel or onshore or offshore facility which is subject to the authority and control of the U.S. Department of Transportation or the U.S. Department of the Interior, as defined in the Memo-randum of Understanding between the Secretary of Transportation, the Sec-retary of the Interior, and the Admin-istrator of EPA, dated November 8, 1993 (appendix B of this part).

(2) Any facility which, although oth-erwise subject to the jurisdiction of EPA, meets both of the following re-quirements:

(i) The completely buried storage ca-pacity of the facility is 42,000 U.S. gal-lons or less of oil. For purposes of this exemption, the completely buried stor-age capacity of a facility excludes the capacity of a completely buried tank, as defined in § 112.2, and connected un-derground piping, underground ancil-lary equipment, and containment sys-tems, that is currently subject to all of the technical requirements of part 280 of this chapter or all of the technical requirements of a State program ap-proved under part 281 of this chapter, or the capacity of any underground oil storage tanks deferred under 40 CFR part 280 that supply emergency diesel generators at a nuclear power genera-tion facility licensed by the Nuclear Regulatory Commission and subject to any Nuclear Regulatory Commission provision regarding design and quality criteria, including, but not limited to, 10 CFR part 50. The completely buried storage capacity of a facility also ex-cludes the capacity of a container that

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Environmental Protection Agency § 112.1 is ‘‘permanently closed,’’ as defined in § 112.2 and the capacity of intra-facility gathering lines subject to the regu-latory requirements of 49 CFR part 192 or 195.

(ii) The aggregate aboveground stor-age capacity of the facility is 1,320 U.S.

gallons or less of oil. For the purposes of this exemption, only containers with a capacity of 55 U.S. gallons or greater are counted. The aggregate above-ground storage capacity of a facility excludes:

(A) The capacity of a container that is ‘‘permanently closed’’ as defined in § 112.2;

(B) The capacity of a ‘‘motive power container’’ as defined in § 112.2;

(C) The capacity of hot-mix asphalt or any hot-mix asphalt container;

(D) The capacity of a container for heating oil used solely at a single-fam-ily residence;

(E) The capacity of pesticide applica-tion equipment and related mix con-tainers.

(F) The capacity of any milk and milk product container and associated piping and appurtenances.

(3) Any offshore oil drilling, produc-tion, or workover facility that is sub-ject to the notices and regulations of the Minerals Management Service, as specified in the Memorandum of Under-standing between the Secretary of Transportation, the Secretary of the Interior, and the Administrator of EPA, dated November 8, 1993 (appendix B of this part).

(4) Any completely buried storage tank, as defined in § 112.2, and con-nected underground piping, under-ground ancillary equipment, and con-tainment systems, at any facility, that is subject to all of the technical re-quirements of part 280 of this chapter or a State program approved under part 281 of this chapter, or any under-ground oil storage tanks including below-grade vaulted tanks, deferred under 40 CFR part 280, as originally promulgated, that supply emergency diesel generators at a nuclear power generation facility licensed by the Nu-clear Regulatory Commission, provided that such a tank is subject to any Nu-clear Regulatory Commission provision regarding design and quality criteria, including, but not limited to, 10 CFR part 50. Such emergency generator tanks must be marked on the facility diagram as provided in § 112.7(a)(3), if the facility is otherwise subject to this part.

(5) Any container with a storage ca-pacity of less than 55 gallons of oil.

(6) Any facility or part thereof used exclusively for wastewater treatment and not used to satisfy any require-ment of this part. The production, re-covery, or recycling of oil is not waste-water treatment for purposes of this paragraph.

(7) Any ‘‘motive power container,’’ as defined in § 112.2. The transfer of fuel or other oil into a motive power container at an otherwise regulated facility is not eligible for this exemption.

(8) Hot-mix asphalt, or any hot-mix asphalt container.

(9) Any container for heating oil used solely at a single-family residence.

(10) Any pesticide application equip-ment or related mix containers.

(11) Intra-facility gathering lines sub-ject to the regulatory requirements of 49 CFR part 192 or 195, except that such a line’s location must be identified and marked as ‘‘exempt’’ on the facility diagram as provided in § 112.7(a)(3), if the facility is otherwise subject to this part.

(12) Any milk and milk product con-tainer and associated piping and appur-tenances.

(e) This part establishes require-ments for the preparation and imple-mentation of Spill Prevention, Control, and Countermeasure (SPCC) Plans.

SPCC Plans are designed to com-plement existing laws, regulations, rules, standards, policies, and proce-dures pertaining to safety standards, fire prevention, and pollution preven-tion rules. The purpose of an SPCC Plan is to form a comprehensive Fed-eral/State spill prevention program that minimizes the potential for dis-charges. The SPCC Plan must address all relevant spill prevention, control, and countermeasures necessary at the specific facility. Compliance with this part does not in any way relieve the owner or operator of an onshore or an offshore facility from compliance with other Federal, State, or local laws.

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40 CFR Ch. I (7–1–20 Edition) § 112.2

(f) Notwithstanding paragraph (d) of this section, the Regional Adminis-trator may require that the owner or operator of any facility subject to the jurisdiction of EPA under section 311(j) of the CWA prepare and implement an SPCC Plan, or any applicable part, to carry out the purposes of the CWA.

(1) Following a preliminary deter-mination, the Regional Administrator must provide a written notice to the owner or operator stating the reasons why he must prepare an SPCC Plan, or applicable part. The Regional Adminis-trator must send such notice to the owner or operator by certified mail or by personal delivery. If the owner or operator is a corporation, the Regional Administrator must also mail a copy of such notice to the registered agent, if any and if known, of the corporation in the State where the facility is located.

(2) Within 30 days of receipt of such written notice, the owner or operator may provide information and data and may consult with the Agency about the need to prepare an SPCC Plan, or appli-cable part.

(3) Within 30 days following the time under paragraph (b)(2) of this section within which the owner or operator may provide information and data and consult with the Agency about the need to prepare an SPCC Plan, or appli-cable part, the Regional Administrator must make a final determination re-garding whether the owner or operator is required to prepare and implement an SPCC Plan, or applicable part. The Regional Administrator must send the final determination to the owner or op-erator by certified mail or by personal delivery. If the owner or operator is a corporation, the Regional Adminis-trator must also mail a copy of the final determination to the registered agent, if any and if known, of the cor-poration in the State where the facility is located.

(4) If the Regional Administrator makes a final determination that an SPCC Plan, or applicable part, is nec-essary, the owner or operator must pre-pare the Plan, or applicable part, with-in six months of that final determina-tion and implement the Plan, or appli-cable part, as soon as possible, but not later than one year after the Regional

Administrator has made a final deter-mination.

(5) The owner or operator may appeal a final determination made by the Re-gional Administrator requiring prepa-ration and implementation of an SPCC Plan, or applicable part, under this paragraph. The owner or operator must make the appeal to the Administrator of EPA within 30 days of receipt of the final determination under paragraph (b)(3) of this section from the Regional Administrator requiring preparation and/or implementation of an SPCC Plan, or applicable part. The owner or operator must send a complete copy of the appeal to the Regional Adminis-trator at the time he makes the appeal to the Administrator. The appeal must contain a clear and concise statement of the issues and points of fact in the case. In the appeal, the owner or oper-ator may also provide additional infor-mation. The additional information may be from any person. The Adminis-trator may request additional informa-tion from the owner or operator. The Administrator must render a decision within 60 days of receiving the appeal or additional information submitted by the owner or operator and must serve the owner or operator with the decision made in the appeal in the manner de-scribed in paragraph (f)(1) of this sec-tion.

[67 FR 47140, July 17, 2002, as amended at 71 FR 77290, Dec. 26, 2006; 73 FR 74300, Dec. 5, 2008; 74 FR 58809, Nov. 13, 2009; 76 FR 21660, Apr. 18, 2011]

§ 112.2 Definitions.

For the purposes of this part:

Adverse weather means weather condi-tions that make it difficult for re-sponse equipment and personnel to clean up or remove spilled oil, and that must be considered when identifying response systems and equipment in a response plan for the applicable oper-ating environment. Factors to consider include significant wave height as specified in appendix E to this part (as appropriate), ice conditions, tempera-tures, weather-related visibility, and currents within the area in which the systems or equipment is intended to function.

Alteration means any work on a con-tainer involving cutting, burning, VerDate Sep<11>2014 12:43 Apr 08, 2021 Jkt 250174 PO 00000 Frm 00032 Fmt 8010 Sfmt 8010 Y:\SGML\250174.XXX 250174sp as ch al o n

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Environmental Protection Agency § 112.2 welding, or heating operations that changes the physical dimensions or configuration of the container.

Animal fat means a non-petroleum oil, fat, or grease of animal, fish, or marine mammal origin.

Breakout tank means a container used to relieve surges in an oil pipeline sys-tem or to receive and store oil trans-ported by a pipeline for reinjection and continued transportation by pipeline.

Bulk storage container means any con-tainer used to store oil. These con-tainers are used for purposes including, but not limited to, the storage of oil prior to use, while being used, or prior to further distribution in commerce.

Oil-filled electrical, operating, or man-ufacturing equipment is not a bulk storage container.

Bunkered tank means a container constructed or placed in the ground by cutting the earth and re-covering the container in a manner that breaks the surrounding natural grade, or that lies above grade, and is covered with earth, sand, gravel, asphalt, or other mate-rial. A bunkered tank is considered an aboveground storage container for pur-poses of this part.

Completely buried tank means any container completely below grade and covered with earth, sand, gravel, as-phalt, or other material. Containers in vaults, bunkered tanks, or partially buried tanks are considered above-ground storage containers for purposes of this part.

Complex means a facility possessing a combination of transportation-related and non-transportation-related compo-nents that is subject to the jurisdiction of more than one Federal agency under section 311(j) of the CWA.

Contiguous zone means the zone es-tablished by the United States under Article 24 of the Convention of the Ter-ritorial Sea and Contiguous Zone, that is contiguous to the territorial sea and that extends nine miles seaward from the outer limit of the territorial area.

Contract or other approved means means:

(1) A written contractual agreement with an oil spill removal organization that identifies and ensures the avail-ability of the necessary personnel and equipment within appropriate response times; and/or

(2) A written certification by the owner or operator that the necessary personnel and equipment resources, owned or operated by the facility owner or operator, are available to re-spond to a discharge within appro-priate response times; and/or

(3) Active membership in a local or regional oil spill removal organization that has identified and ensures ade-quate access through such membership to necessary personnel and equipment to respond to a discharge within appro-priate response times in the specified geographic area; and/or

(4) Any other specific arrangement approved by the Regional Adminis-trator upon request of the owner or op-erator.

Discharge includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dump-ing of oil, but excludes discharges in compliance with a permit under sec-tion 402 of the CWA; discharges result-ing from circumstances identified, re-viewed, and made a part of the public record with respect to a permit issued or modified under section 402 of the CWA, and subject to a condition in such permit; or continuous or antici-pated intermittent discharges from a point source, identified in a permit or permit application under section 402 of the CWA, that are caused by events oc-curring within the scope of relevant op-erating or treatment systems. For pur-poses of this part, the term discharge shall not include any discharge of oil that is authorized by a permit issued under section 13 of the River and Har-bor Act of 1899 (33 U.S.C. 407).

Facility means any mobile or fixed, onshore or offshore building, property, parcel, lease, structure, installation, equipment, pipe, or pipeline (other than a vessel or a public vessel) used in oil well drilling operations, oil produc-tion, oil refining, oil storage, oil gath-ering, oil processing, oil transfer, oil distribution, and oil waste treatment, or in which oil is used, as described in appendix A to this part. The bound-aries of a facility depend on several site-specific factors, including but not limited to, the ownership or operation of buildings, structures, and equipment on the same site and types of activity

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40 CFR Ch. I (7–1–20 Edition) § 112.2 at the site. Contiguous or non-contig-uous buildings, properties, parcels, leases, structures, installations, pipes, or pipelines under the ownership or op-eration of the same person may be con-sidered separate facilities. Only this definition governs whether a facility is subject to this part.

Farm means a facility on a tract of land devoted to the production of crops or raising of animals, including fish, which produced and sold, or normally would have produced and sold, $1,000 or more of agricultural products during a year.

Fish and wildlife and sensitive environ-ments means areas that may be identi-fied by their legal designation or by evaluations of Area Committees (for planning) or members of the Federal On-Scene Coordinator’s spill response structure (during responses). These areas may include wetlands, National and State parks, critical habitats for endangered or threatened species, wil-derness and natural resource areas, marine sanctuaries and estuarine re-serves, conservation areas, preserves, wildlife areas, wildlife refuges, wild and scenic rivers, recreational areas, national forests, Federal and State lands that are research national areas, heritage program areas, land trust areas, and historical and archae-ological sites and parks. These areas may also include unique habitats such as aquaculture sites and agricultural surface water intakes, bird nesting areas, critical biological resource areas, designated migratory routes, and designated seasonal habitats.

Injury means a measurable adverse change, either long- or short-term, in the chemical or physical quality or the viability of a natural resource result-ing either directly or indirectly from exposure to a discharge, or exposure to a product of reactions resulting from a discharge.

Loading/unloading rack means a fixed structure (such as a platform, gang-way) necessary for loading or unload-ing a tank truck or tank car, which is located at a facility subject to the re-quirements of this part. A loading/un-loading rack includes a loading or un-loading arm, and may include any com-bination of the following: piping as-semblages, valves, pumps, shut-off de-vices, overfill sensors, or personnel safety devices.

Maximum extent practicable means within the limitations used to deter-mine oil spill planning resources and response times for on-water recovery, shoreline protection, and cleanup for worst case discharges from onshore non-transportation-related facilities in adverse weather. It includes the planned capability to respond to a worst case discharge in adverse weath-er, as contained in a response plan that meets the requirements in § 112.20 or in a specific plan approved by the Re-gional Administrator.

Mobile refueler means a bulk storage container onboard a vehicle or towed, that is designed or used solely to store and transport fuel for transfer into or from an aircraft, motor vehicle, loco-motive, vessel, ground service equip-ment, or other oil storage container.

Motive power container means any on-board bulk storage container used pri-marily to power the movement of a motor vehicle, or ancillary onboard oil-filled operational equipment. An on-board bulk storage container which is used to store or transfer oil for further distribution is not a motive power con-tainer. The definition of motive power container does not include oil drilling or workover equipment, including rigs.

Navigable waters means waters of the United States, including the territorial seas, as defined in § 120.2 of this chap-ter.

Non-petroleum oil means oil of any kind that is not petroleum-based, in-cluding but not limited to: Fats, oils, and greases of animal, fish, or marine mammal origin; and vegetable oils, in-cluding oils from seeds, nuts, fruits, and kernels.

Offshore facility means any facility of any kind (other than a vessel or public vessel) located in, on, or under any of the navigable waters of the United States, and any facility of any kind that is subject to the jurisdiction of the United States and is located in, on, or under any other waters.

Oil means oil of any kind or in any form, including, but not limited to:

fats, oils, or greases of animal, fish, or marine mammal origin; vegetable oils, including oils from seeds, nuts, fruits, or kernels; and, other oils and greases, VerDate Sep<11>2014 12:43 Apr 08, 2021 Jkt 250174 PO 00000 Frm 00034 Fmt 8010 Sfmt 8010 Y:\SGML\250174.XXX 250174sp as ch al o n

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Environmental Protection Agency § 112.2 including petroleum, fuel oil, sludge, synthetic oils, mineral oils, oil refuse, or oil mixed with wastes other than dredged spoil.

Oil-filled operational equipment means equipment that includes an oil storage container (or multiple containers) in which the oil is present solely to sup-port the function of the apparatus or the device. Oil-filled operational equip-ment is not considered a bulk storage container, and does not include oil-filled manufacturing equipment (flow-through process). Examples of oil-filled operational equipment include, but are not limited to, hydraulic systems, lu-bricating systems (e.g., those for pumps, compressors and other rotating equipment, including pumpjack lubri-cation systems), gear boxes, machining coolant systems, heat transfer sys-tems, transformers, circuit breakers, electrical switches, and other systems containing oil solely to enable the op-eration of the device.

Oil Spill Removal Organization means an entity that provides oil spill re-sponse resources, and includes any for-profit or not-for-profit contractor, co-operative, or in-house response re-sources that have been established in a geographic area to provide required re-sponse resources.

Onshore facility means any facility of any kind located in, on, or under any land within the United States, other than submerged lands.

Owner or operator means any person owning or operating an onshore facility or an offshore facility, and in the case of any abandoned offshore facility, the person who owned or operated or main-tained the facility immediately prior to such abandonment.

Partially buried tank means a storage container that is partially inserted or constructed in the ground, but not en-tirely below grade, and not completely covered with earth, sand, gravel, as-phalt, or other material. A partially buried tank is considered an above-ground storage container for purposes of this part.

Permanently closed means any con-tainer or facility for which:

(1) All liquid and sludge has been re-moved from each container and con-necting line; and

(2) All connecting lines and piping have been disconnected from the con-tainer and blanked off, all valves (ex-cept for ventilation valves) have been closed and locked, and conspicuous signs have been posted on each con-tainer stating that it is a permanently closed container and noting the date of closure.

Person includes an individual, firm, corporation, association, or partner-ship.

Petroleum oil means petroleum in any form, including but not limited to crude oil, fuel oil, mineral oil, sludge, oil refuse, and refined products.

Produced water container means a storage container at an oil production facility used to store the produced water after initial oil/water separation, and prior to reinjection, beneficial reuse, discharge, or transfer for dis-posal.

Production facility means all struc-tures (including but not limited to wells, platforms, or storage facilities), piping (including but not limited to flowlines or intra-facility gathering lines), or equipment (including but not limited to workover equipment, sepa-ration equipment, or auxiliary non-transportation-related equipment) used in the production, extraction, recovery, lifting, stabilization, separation or treating of oil (including condensate), or associated storage or measurement, and is located in an oil or gas field, at a facility. This definition governs whether such structures, piping, or equipment are subject to a specific sec-tion of this part.

Regional Administrator means the Re-gional Administrator of the Environ-mental Protection Agency, in and for the Region in which the facility is lo-cated.

Repair means any work necessary to maintain or restore a container to a condition suitable for safe operation, other than that necessary for ordinary, day-to-day maintenance to maintain the functional integrity of the con-tainer and that does not weaken the container.

Spill Prevention, Control, and Counter-measure Plan; SPCC Plan, or Plan means the document required by § 112.3 that details the equipment, workforce, pro-cedures, and steps to prevent, control, VerDate Sep<11>2014 12:43 Apr 08, 2021 Jkt 250174 PO 00000 Frm 00035 Fmt 8010 Sfmt 8010 Y:\SGML\250174.XXX 250174sp as ch al o n

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40 CFR Ch. I (7–1–20 Edition) § 112.3 and provide adequate countermeasures to a discharge.

Storage capacity of a container means the shell capacity of the container.

Transportation-related and non-trans-portation-related, as applied to an on-shore or offshore facility, are defined in the Memorandum of Understanding between the Secretary of Transpor-tation and the Administrator of the Environmental Protection Agency, dated November 24, 1971, (appendix A of this part).

United States means the States, the District of Columbia, the Common-wealth of Puerto Rico, the Common-wealth of the Northern Mariana Is-lands, Guam, American Samoa, the U.S. Virgin Islands, and the Pacific Is-land Governments.

Vegetable oil means a non-petroleum oil or fat of vegetable origin, including but not limited to oils and fats derived from plant seeds, nuts, fruits, and ker-nels.

Vessel means every description of watercraft or other artificial contriv-ance used, or capable of being used, as a means of transportation on water, other than a public vessel.

[67 FR 47140, July 17, 2002, as amended at 71 FR 77290, Dec. 26, 2006; 73 FR 71943, Nov. 26, 2008; 73 FR 74300, Dec. 5, 2008; 80 FR 37108, June 29, 2015; 83 FR 5208, Feb. 6, 2018; 84 FR 56668, Oct. 22, 2019; 85 FR 22339, Apr. 21, 2020]

§ 112.3 Requirement to prepare and implement a Spill Prevention, Con-trol, and Countermeasure Plan.

The owner or operator or an onshore or offshore facility subject to this sec-tion must prepare in writing and im-plement a Spill Prevention Control and Countermeasure Plan (hereafter ‘‘SPCC Plan’’ or ‘‘Plan’’),’’ in accordance with § 112.7 and any other applicable section of this part.

(a)(1) Except as otherwise provided in this section, if your facility, or mobile or portable facility, was in operation on or before August 16, 2002, you must maintain your Plan, but must amend it, if necessary to ensure compliance with this part, and implement the amended Plan no later than November 10, 2011. If such a facility becomes oper-ational after August 16, 2002, through November 10, 2011, and could reason-ably be expected to have a discharge as described in § 112.1(b), you must prepare and implement a Plan on or before No-vember 10, 2011. If such a facility (ex-cluding oil production facilities) be-comes operational after November 10, 2011, and could reasonably be expected to have a discharge as described in § 112.1(b), you must prepare and imple-ment a Plan before you begin oper-ations. You are not required to prepare a new Plan each time you move a mo-bile or portable facility to a new site;

the Plan may be general. When you move the mobile or portable facility, you must locate and install it using the discharge prevention practices out-lined in the Plan for the facility. The Plan is applicable only while the mo-bile or portable facility is in a fixed (non-transportation) operating mode.

(2) If your drilling, production or workover facility, including a mobile or portable facility, is offshore or has an offshore component; or your on-shore facility is required to have and submit a Facility Response Plan pursu-ant to 40 CFR 112.20(a), and was in op-eration on or before August 16, 2002, you must maintain your Plan, but must amend it, if necessary to ensure compliance with this part, and imple-ment the amended Plan no later than November 10, 2010. If such a facility be-comes operational after August 16, 2002, through November 10, 2010, and could reasonably be expected to have a discharge as described in § 112.1(b), you must prepare and implement a Plan on or before November 10, 2010. If such a facility (excluding oil production fa-cilities) becomes operational after No-vember 10, 2010, and could reasonably be expected to have a discharge as de-scribed in § 112.1(b), you must prepare and implement a Plan before you begin operations. You are not required to prepare a new Plan each time you move a mobile or portable facility to a new site; the Plan may be general.

When you move the mobile or portable facility, you must locate and install it using the discharge prevention prac-tices outlined in the Plan for the facil-ity. The Plan is applicable only while the mobile or portable facility is in a fixed (non-transportation) operating mode.

(3) If your farm, as defined in § 112.2, was in operation on or before August

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Environmental Protection Agency § 112.3

16, 2002, you must maintain your Plan, but must amend it, if necessary to en-sure compliance with this part, and im-plement the amended Plan on or before May 10, 2013. If your farm becomes operational after August 16, 2002, through May 10, 2013, and could reason-ably be expected to have a discharge as described in § 112.1(b), you must prepare and implement a Plan on or before May 10, 2013. If your farm becomes oper-ational after May 10, 2013, and could reasonably be expected to have a dis-charge as described in § 112.1(b), you must prepare and implement a Plan be-fore you begin operations.

(b) If your oil production facility as described in paragraph (a)(1) of this section becomes operational after No-vember 10, 2011, or as described in para-graph (a)(2) of this section becomes operational after November 10, 2010, and could reasonably be expected to have a discharge as described in § 112.1(b), you must prepare and imple-ment a Plan within six months after you begin operations.

(c) [Reserved]

(d) Except as provided in § 112.6, a li-censed Professional Engineer must re-view and certify a Plan for it to be ef-fective to satisfy the requirements of this part.

(1) By means of this certification the Professional Engineer attests:

(i) That he is familiar with the re-quirements of this part ;

(ii) That he or his agent has visited and examined the facility;

(iii) That the Plan has been prepared in accordance with good engineering practice, including consideration of ap-plicable industry standards, and with the requirements of this part;

(iv) That procedures for required in-spections and testing have been estab-lished; and

(v) That the Plan is adequate for the facility.

(vi) That, if applicable, for a pro-duced water container subject to § 112.9(c)(6), any procedure to minimize the amount of free-phase oil is de-signed to reduce the accumulation of free-phase oil and the procedures and frequency for required inspections, maintenance and testing have been es-tablished and are described in the Plan.

(2) Such certification shall in no way relieve the owner or operator of a facil-ity of his duty to prepare and fully im-plement such Plan in accordance with the requirements of this part.

(e) If you are the owner or operator of a facility for which a Plan is re-quired under this section, you must:

(1) Maintain a complete copy of the Plan at the facility if the facility is normally attended at least four hours per day, or at the nearest field office if the facility is not so attended, and

(2) Have the Plan available to the Re-gional Administrator for on-site review during normal working hours.

(f) Extension of time. (1) The Regional Administrator may authorize an exten-sion of time for the preparation and full implementation of a Plan, or any amendment thereto, beyond the time permitted for the preparation, imple-mentation, or amendment of a Plan under this part, when he finds that the owner or operator of a facility subject to this section, cannot fully comply with the requirements as a result of ei-ther nonavailability of qualified per-sonnel, or delays in construction or equipment delivery beyond the control and without the fault of such owner or operator or his agents or employees.

(2) If you are an owner or operator seeking an extension of time under paragraph (f)(1) of this section, you may submit a written extension re-quest to the Regional Administrator.

Your request must include:

(i) A full explanation of the cause for any such delay and the specific aspects of the Plan affected by the delay;

(ii) A full discussion of actions being taken or contemplated to minimize or mitigate such delay; and

(iii) A proposed time schedule for the implementation of any corrective ac-tions being taken or contemplated, in-cluding interim dates for completion of tests or studies, installation and oper-ation of any necessary equipment, or other preventive measures. In addition you may present additional oral or written statements in support of your extension request.

(3) The submission of a written ex-tension request under paragraph (f)(2) of this section does not relieve you of your obligation to comply with the re-quirements of this part. The Regional

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40 CFR Ch. I (7–1–20 Edition) § 112.4

Administrator may request a copy of your Plan to evaluate the extension re-quest. When the Regional Adminis-trator authorizes an extension of time for particular equipment or other spe-cific aspects of the Plan, such exten-sion does not affect your obligation to comply with the requirements related to other equipment or other specific as-pects of the Plan for which the Re-gional Administrator has not expressly authorized an extension.

(g) Qualified Facilities. The owner or operator of a qualified facility as de-fined in this subparagraph may self-certify his facility’s Plan, as provided in § 112.6. A qualified facility is one that meets the following Tier I or Tier II qualified facility criteria:

(1) A Tier I qualified facility meets the qualification criteria in paragraph (g)(2) of this section and has no indi-vidual aboveground oil storage con-tainer with a capacity greater than 5,000 U.S. gallons.

(2) A Tier II qualified facility is one that has had no single discharge as de-scribed in § 112.1(b) exceeding 1,000 U.S.

gallons or no two discharges as de-scribed in § 112.1(b) each exceeding 42 U.S. gallons within any twelve month period in the three years prior to the SPCC Plan self-certification date, or since becoming subject to this part if the facility has been in operation for less than three years (other than dis-charges as described in § 112.1(b) that are the result of natural disasters, acts of war, or terrorism), and has an aggre-gate aboveground oil storage capacity of 10,000 U.S. gallons or less.

[67 FR 47140, July 17, 2002, as amended at 68 FR 1351, Jan. 9, 2003; 68 FR 18894, Apr. 17, 2003; 69 FR 48798, Aug. 11, 2004; 71 FR 8466, Feb. 17, 2006; 71 FR 77290, Dec. 26, 2006; 72 FR 27447, May 16, 2007; 73 FR 74301, Dec. 5, 2008, 74 FR 29141, June 19, 2009; 74 FR 58809, Nov.

13, 2009; 75 FR 63102, Oct. 14, 2010; 76 FR 21660, Apr. 18, 2011; 76 FR 64248, Oct. 18, 2011; 76 FR 72124, Nov. 22, 2011]

§ 112.4 Amendment of Spill Preven-tion, Control, and Countermeasure Plan by Regional Administrator.

If you are the owner or operator of a facility subject to this part, you must:

(a) Notwithstanding compliance with § 112.3, whenever your facility has dis-charged more than 1,000 U.S. gallons of oil in a single discharge as described in

§ 112.1(b), or discharged more than 42 U.S. gallons of oil in each of two dis-charges as described in § 112.1(b), occur-ring within any twelve month period, submit the following information to the Regional Administrator within 60 days from the time the facility be-comes subject to this section:

(1) Name of the facility;

(2) Your name;

(3) Location of the facility;

(4) Maximum storage or handling ca-pacity of the facility and normal daily throughput;

(5) Corrective action and counter-measures you have taken, including a description of equipment repairs and replacements;

(6) An adequate description of the fa-cility, including maps, flow diagrams, and topographical maps, as necessary;

(7) The cause of such discharge as de-scribed in § 112.1(b), including a failure analysis of the system or subsystem in which the failure occurred;

(8) Additional preventive measures you have taken or contemplated to minimize the possibility of recurrence;

and

(9) Such other information as the Re-gional Administrator may reasonably require pertinent to the Plan or dis-charge.

(b) Take no action under this section until it applies to your facility. This section does not apply until the expira-tion of the time permitted for the ini-tial preparation and implementation of the Plan under § 112.3, but not including any amendments to the Plan.

(c) Send to the appropriate agency or agencies in charge of oil pollution con-trol activities in the State in which the facility is located a complete copy of all information you provided to the Re-gional Administrator under paragraph

(a) of this section. Upon receipt of the information such State agency or agen-cies may conduct a review and make recommendations to the Regional Ad-ministrator as to further procedures, methods, equipment, and other require-ments necessary to prevent and to con-tain discharges from your facility.

(d) Amend your Plan, if after review by the Regional Administrator of the information you submit under para-graph (a) of this section, or submission of information to EPA by the State

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Environmental Protection Agency § 112.5 agency under paragraph (c) of this sec-tion, or after on-site review of your Plan, the Regional Administrator re-quires that you do so. The Regional Administrator may require you to amend your Plan if he finds that it does not meet the requirements of this part or that amendment is necessary to prevent and contain discharges from your facility.

(e) Act in accordance with this para-graph when the Regional Adminis-trator proposes by certified mail or by personal delivery that you amend your SPCC Plan. If the owner or operator is a corporation, he must also notify by mail the registered agent of such cor-poration, if any and if known, in the State in which the facility is located.

The Regional Administrator must specify the terms of such proposed amendment. Within 30 days from re-ceipt of such notice, you may submit written information, views, and argu-ments on the proposed amendment.

After considering all relevant material presented, the Regional Administrator must either notify you of any amend-ment required or rescind the notice.

You must amend your Plan as required within 30 days after such notice, unless the Regional Administrator, for good cause, specifies another effective date.

You must implement the amended Plan as soon as possible, but not later than six months after you amend your Plan, unless the Regional Administrator specifies another date.

(f) If you appeal a decision made by the Regional Administrator requiring an amendment to an SPCC Plan, send the appeal to the EPA Administrator in writing within 30 days of receipt of the notice from the Regional Adminis-trator requiring the amendment under paragraph (e) of this section. You must send a complete copy of the appeal to the Regional Administrator at the time you make the appeal. The appeal must contain a clear and concise state-ment of the issues and points of fact in the case. It may also contain addi-tional information from you, or from any other person. The EPA Adminis-trator may request additional informa-tion from you, or from any other per-son. The EPA Administrator must render a decision within 60 days of re-ceiving the appeal and must notify you of his decision.

§ 112.5 Amendment of Spill Preven-tion, Control, and Countermeasure Plan by owners or operators.

If you are the owner or operator of a facility subject to this part, you must:

(a) Amend the SPCC Plan for your fa-cility in accordance with the general requirements in § 112.7, and with any specific section of this part applicable to your facility, when there is a change in the facility design, construction, op-eration, or maintenance that materi-ally affects its potential for a dis-charge as described in § 112.1(b). Exam-ples of changes that may require amendment of the Plan include, but are not limited to: commissioning or decommissioning containers; replace-ment, reconstruction, or movement of containers; reconstruction, replace-ment, or installation of piping systems;

construction or demolition that might alter secondary containment struc-tures; changes of product or service; or revision of standard operation or main-tenance procedures at a facility. An amendment made under this section must be prepared within six months, and implemented as soon as possible, but not later than six months following preparation of the amendment.

(b) Notwithstanding compliance with paragraph (a) of this section, complete a review and evaluation of the SPCC Plan at least once every five years from the date your facility becomes subject to this part; or, if your facility was in operation on or before August 16, 2002, five years from the date your last review was required under this part. As a result of this review and evaluation, you must amend your SPCC Plan within six months of the re-view to include more effective preven-tion and control technology if the tech-nology has been field-proven at the time of the review and will signifi-cantly reduce the likelihood of a dis-charge as described in § 112.1(b) from the facility. You must implement any amendment as soon as possible, but not later than six months following prepa-ration of any amendment. You must document your completion of the re-view and evaluation, and must sign a statement as to whether you will

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40 CFR Ch. I (7–1–20 Edition) § 112.6 amend the Plan, either at the begin-ning or end of the Plan or in a log or an appendix to the Plan. The following words will suffice, ‘‘I have completed review and evaluation of the SPCC Plan for (name of facility) on (date), and will (will not) amend the Plan as a result.’’

(c) Except as provided in § 112.6, have a Professional Engineer certify any technical amendments to your Plan in accordance with § 112.3(d).

[67 FR 47140, July 17, 2002, as amended at 71 FR 77291, Dec. 26, 2006; 73 FR 74301, Dec. 5, 2008; 74 FR 58809, Nov. 13, 2009]

§ 112.6 Qualified Facilities Plan Re-quirements.

Qualified facilities meeting the Tier I applicability criteria in § 112.3(g)(1) are subject to the requirements in para-graph (a) of this section. Qualified fa-cilities meeting the Tier II applica-bility criteria in § 112.3(g)(2) are subject to the requirements in paragraph (b) of this section.

(a) Tier I Qualified Facilities—(1) Prep-aration and Self-Certification of the Plan.

If you are an owner or operator of a fa-cility that meets the Tier I qualified facility criteria in § 112.3(g)(1), you must either: comply with the require-ments of paragraph (a)(3) of this sec-tion; or prepare and implement a Plan meeting requirements of paragraph (b) of this section; or prepare and imple-ment a Plan meeting the general Plan requirements in § 112.7 and applicable requirements in subparts B and C, in-cluding having the Plan certified by a Professional Engineer as required under § 112.3(d). If you do not follow the appendix G template, you must prepare an equivalent Plan that meets all of the applicable requirements listed in this part, and you must supplement it with a section cross-referencing the lo-cation of requirements listed in this part and the equivalent requirements in the other prevention plan. To com-plete the template in appendix G, you must certify that:

(i) You are familiar with the applica-ble requirements of 40 CFR part 112;

(ii) You have visited and examined the facility;

(iii) You prepared the Plan in accord-ance with accepted and sound industry practices and standards;

(iv) You have…