[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: 40CFR112.4]

[Page 27-28]
 
                   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. 112.4  Amendment of Spill Prevention, 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 Sec. 112.3, whenever your 
facility has discharged more than 1,000 U.S. gallons of oil in a single 
discharge as described in Sec. 112.1(b), or discharged more than 42 U.S. 
gallons of oil in each of two discharges as described in Sec. 112.1(b), 
occurring within any twelve month period, submit the following 
information to the Regional Administrator within 60 days from the time 
the facility becomes subject to this section:
    (1) Name of the facility;
    (2) Your name;
    (3) Location of the facility;
    (4) Maximum storage or handling capacity of the facility and normal 
daily throughput;
    (5) Corrective action and countermeasures you have taken, including 
a description of equipment repairs and replacements;
    (6) An adequate description of the facility, including maps, flow 
diagrams, and topographical maps, as necessary;
    (7) The cause of such discharge as described in Sec. 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 Regional Administrator may 
reasonably require pertinent to the Plan or discharge.
    (b) Take no action under this section until it applies to your 
facility. This section does not apply until the expiration of the time 
permitted for the initial preparation and implementation of the Plan 
under Sec. 112.3, but not including any amendments to the Plan.
    (c) Send to the appropriate agency or agencies in charge of oil 
pollution control activities in the State in which the facility is 
located a complete copy of

[[Page 28]]

all information you provided to the Regional Administrator under 
paragraph (a) of this section. Upon receipt of the information such 
State agency or agencies may conduct a review and make recommendations 
to the Regional Administrator as to further procedures, methods, 
equipment, and other requirements necessary to prevent and to contain 
discharges from your facility.
    (d) Amend your Plan, if after review by the Regional Administrator 
of the information you submit under paragraph (a) of this section, or 
submission of information to EPA by the State agency under paragraph (c) 
of this section, or after on-site review of your Plan, the Regional 
Administrator requires 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 paragraph when the Regional 
Administrator 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 corporation, 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 receipt of such notice, you may submit 
written information, views, and arguments on the proposed amendment. 
After considering all relevant material presented, the Regional 
Administrator must either notify you of any amendment 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 Administrator 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 statement of the issues and points of fact 
in the case. It may also contain additional information from you, or 
from any other person. The EPA Administrator may request additional 
information from you, or from any other person. The EPA Administrator 
must render a decision within 60 days of receiving the appeal and must 
notify you of his decision.