[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR112.6]

[Page 30-31]
 
                   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.  112.6  Qualified Facility Plan Requirements.

    (a) Preparation and Self-certification of Plan. If you are the owner 
or operator of a facility that meets the qualified facility 
qualification criteria in Sec.  112.3(g), you may choose to self-certify 
your Plan. You must certify in the Plan that:
    (1) You are familiar with the requirements of this part;
    (2) You have visited and examined the facility;
    (3) The Plan has been prepared in accordance with accepted and sound 
industry practices and standards, and with the requirements of this 
part;
    (4) Procedures for required inspections and testing have been 
established;
    (5) The Plan is being fully implemented;
    (6) The facility meets the qualification criteria set forth under 
Sec.  112.3(g);
    (7) The Plan does not deviate from any requirement of this part as 
allowed by Sec. Sec.  112.7(a)(2) and 112.7(d), except as provided in 
paragraph (c) of this section; and
    (8) The Plan and individual(s) responsible for implementing the Plan 
have the full approval of management and the facility owner or operator 
has committed the necessary resources to fully implement the Plan.
    (b) Self-certification of Technical Amendments. If you self-certify 
your Plan pursuant to paragraph (a) of this section, you must certify 
any technical amendments to your Plan in accordance with paragraph (a) 
of this section when there is a change in the facility design, 
construction, operation, or maintenance that affects its potential for a 
discharge as described in Sec.  112.1(b) except:
    (1) If a Professional Engineer certified a portion of your Plan in 
accordance with paragraph (d) of this section, and the technical 
amendment affects this portion of the Plan, you must have the amended 
provisions of your Plan certified by a Professional Engineer in 
accordance with Sec.  112.6(d)(2).
    (2) If the change is such that the facility no longer meets the 
qualifying criteria in Sec.  112.3(g) because it exceeds 10,000 gallons 
in aggregate aboveground storage capacity, you must prepare a Plan in 
accordance with the general Plan requirements in Sec.  112.7 and the 
applicable requirements in subparts B and C, including having the Plan 
certified by a Professional Engineer as required under Sec.  112.3(d).
    (c) Applicable Requirements. Except as provided in this 
subparagraph, your self-certified SPCC Plan must comply with Sec.  112.7 
and the applicable requirements in subparts B and C of this part:
    (1) Environmental Equivalence. Your Plan may not include alternate 
methods which provide environmental equivalence pursuant to Sec.  
112.7(a)(2), unless each alternate method has been reviewed and 
certified in writing by a Professional Engineer, as provided in 
paragraph (d) of this section.
    (2) Impracticability. Your Plan may not include any determinations 
that secondary containment is impracticable and provisions in lieu of 
secondary containment pursuant to Sec.  112.7(d), unless each such 
determination and alternative provision has been reviewed and certified 
in writing by a Professional Engineer, as provided in paragraph (d) of 
this section.
    (3) Security (excluding oil production facilities). You must either:
    (i) Comply with the requirements under Sec.  112.7(g); or
    (ii) Describe in your Plan how you secure and control access to the 
oil handling, processing and storage areas; secure master flow and drain 
valves; prevent unauthorized access to starter controls on oil pumps; 
secure out-of-service and loading/unloading connections of oil 
pipelines; address the appropriateness of security lighting to both 
prevent acts of vandalism and assist in the discovery of oil discharges.
    (4) Bulk Storage Container Inspections. You must either:
    (i) Comply with the requirements under Sec.  112.8(c)(6) or Sec.  
112.12(c)(6), as applicable; or
    (ii) Test/inspect each aboveground container for integrity on a 
regular schedule and whenever material repairs are made. You must 
determine, in accordance with industry standards, the appropriate 
qualifications for personnel performing tests and inspections, the 
frequency and type of testing and inspections which take into account 
container size, configuration,

[[Page 31]]

and design (such as containers that are: shop built, skid-mounted, 
elevated, equipped with a liner, double walled, or partially buried). 
Examples of these integrity tests include, but are not limited to: 
visual inspection, hydrostatic testing, radiographic testing, ultrasonic 
testing, acoustic emissions testing, or other systems of non-destructive 
testing. You must keep comparison records and you must also inspect the 
container's supports and foundations. In addition, you must frequently 
inspect the outside of the container for signs of deterioration, 
discharges, or accumulation of oil inside diked areas. Records of 
inspections and tests kept under usual and customary business practices 
satisfy the recordkeeping requirements of this paragraph.
    (d) Professional Engineer Certification of Portions of a Qualified 
Facility's Self-certified Plan. As described in paragraph (c) of this 
section, the facility owner or operator may not self-certify alternative 
measures allowed under Sec.  112.7(a)(2) or (d), that are included in 
the facility's Plan. Such measures must be reviewed and certified, in 
writing, by a licensed Professional Engineer as follows:
    (1) For each alternative measure allowed under Sec.  112.7(a)(2), 
the Plan must be accompanied by a written statement by a Professional 
Engineer that states the reason for nonconformance and describes the 
alternative method and how it provides equivalent environmental 
protection in accordance with Sec.  112.7(a)(2). For each determination 
of impracticability of secondary containment pursuant to Sec.  112.7(d), 
the Plan must clearly explain why secondary containment measures are not 
practicable at this facility and provide the alternative measures 
required in Sec.  112.7(d) in lieu of secondary containment.
    (2) By certifying each measure allowed under Sec.  112.7(a)(2) and 
(d), 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; and
    (iii) That the alternative method of environmental equivalence in 
accordance with Sec.  112.7(a)(2) or the determination of 
impracticability and alternative measures in accordance with Sec.  
112.7(d) is consistent with good engineering practice, including 
consideration of applicable industry standards, and with the 
requirements of this part.
    (3) The review and certification by the Professional Engineer under 
this paragraph is limited to the alternative method which achieves 
equivalent environmental protection pursuant to Sec.  112.7(a)(2) or to 
the impracticability determination and measures in lieu of secondary 
containment pursuant to Sec.  112.7(d).

[71 FR 77291, Dec. 26, 2006]