[Code of Federal Regulations]

[Title 40, Volume 21]

[Revised as of July 1, 2006]

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



[[Page 29]]



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 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).