[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: 40CFR112.5]

[Page 28-29]
 
                   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. 112.5  Amendment of Spill Prevention, 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 facility in accordance with the 
general requirements in Sec. 112.7, and with any specific section of 
this part applicable to your facility, when there is a change in the 
facility design, construction, operation, or maintenance that materially 
affects its potential for a discharge as described in Sec. 112.1(b). 
Examples of changes that may require amendment of the Plan include, but 
are not limited to: commissioning or decommissioning containers; 
replacement, reconstruction, or movement of containers; reconstruction, 
replacement, or installation of piping systems; construction or 
demolition that might alter secondary containment structures; changes of 
product or service; or revision of standard operation or maintenance 
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

[[Page 29]]

SPCC Plan within six months of the review to include more effective 
prevention and control technology if the technology has been field-
proven at the time of the review and will significantly reduce the 
likelihood of a discharge as described in Sec. 112.1(b) from the 
facility. You must implement any amendment as soon as possible, but not 
later than six months following preparation of any amendment. You must 
document your completion of the review and evaluation, and must sign a 
statement as to whether you will amend the Plan, either at the beginning 
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) Have a Professional Engineer certify any technical amendment to 
your Plan in accordance with Sec. 112.3(d).