[Code of Federal Regulations]
[Title 40, Volume 19]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR112.3]

[Page 26-27]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 112--OIL POLLUTION PREVENTION--Table of Contents
 
Subpart A--Applicability, Definitions, and General Requirements for All 
                    Facilities and All Types of Oils
 
Sec. 112.3  Requirement to prepare and implement a Spill Prevention, 
Control, and Countermeasure Plan.

    The owner or operator of an onshore or offshore facility subject to 
this section must prepare a Spill Prevention, Control, and 
Countermeasure Plan (hereafter ``SPCC Plan'' or ``Plan),'' in writing, 
and in accordance with Sec. 112.7, and any other applicable section of 
this part.
    (a) If your onshore or offshore 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, on or before August 
17, 2004, and must implement the amended Plan as soon as possible, but 
not later than February 18, 2005. If your onshore or offshore facility 
becomes operational after August 16, 2002, through February 18, 2005, 
and could reasonably be expected to have a discharge as described in 
Sec. 112.1(b), you must prepare a Plan on or before February 18, 2005 , 
and fully implement it as soon as possible, but not later than February 
18, 2005.
    (b) If you are the owner or operator of an onshore or offshore 
facility that becomes operational after February 18, 2005, and could 
reasonably be expected to have a discharge as described in 
Sec. 112.1(b), you must prepare and implement a Plan before you begin 
operations.
    (c) If you are the owner or operator of an onshore or offshore 
mobile facility, such as an onshore drilling or workover rig, barge 
mounted offshore drilling or workover rig, or portable fueling facility, 
you must prepare, implement, and maintain a facility Plan as required by 
this section. This provision does not require that you prepare a new 
Plan each time you move the facility to a new site. The Plan may be a 
general plan. When you move the mobile or portable facility, you must 
locate and install it using the discharge prevention practices outlined 
in the Plan for the facility. You may not operate a mobile or portable 
facility subject to this part unless you have implemented the Plan. The 
Plan is applicable only while the facility is in a fixed (non-
transportation) operating mode.
    (d) A licensed Professional Engineer must review and certify a Plan 
for it to be effective to satisfy the requirements of this part.
    (1) By means of this certification the Professional Engineer 
attests:
    (i) That he is familiar with the requirements 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 applicable industry 
standards, and with the requirements of this part;
    (iv) That procedures for required inspections and testing have been 
established; and
    (v) That the Plan is adequate for the facility.
    (2) Such certification shall in no way relieve the owner or operator 
of a facility of his duty to prepare and fully implement 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 required under this section, you must:
    (1) Maintain a complete copy of the Plan at the facility if the 
facility is

[[Page 27]]

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 Regional Administrator for on-
site review during normal working hours.
    (f) Extension of time. (1) The Regional Administrator may authorize 
an extension of time for the preparation and full implementation of a 
Plan, or any amendment thereto, beyond the time permitted for the 
preparation, implementation, 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 either 
nonavailability of qualified personnel, 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 request 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 actions being taken or contemplated, including interim dates 
for completion of tests or studies, installation and operation 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 extension request under paragraph 
(f)(2) of this section does not relieve you of your obligation to comply 
with the requirements of this part. The Regional Administrator may 
request a copy of your Plan to evaluate the extension request. When the 
Regional Administrator authorizes an extension of time for particular 
equipment or other specific aspects of the Plan, such extension does not 
affect your obligation to comply with the requirements related to other 
equipment or other specific aspects of the Plan for which the Regional 
Administrator has not expressly authorized an extension.

[67 FR 47140, July 17, 2002, as amended at 68 FR 1351, Jan. 9, 2003; 68 
FR 18894, Apr. 17, 2003]