40 C.F.R. § 112.5

Amendment of Spill Prevention, Control, and Countermeasure Plan by owners or operators

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

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 § 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 § 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 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 § 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) Except as provided in § 112.6, have a Professional Engineer certify any technical amendments to your Plan in accordance with § 112.3(d).

[67 FR 47140, July 17, 2002, as amended at 71 FR 77291, Dec. 26, 2006; 73 FR 74301, Dec. 5, 2008; 74 FR 58809, Nov. 13, 2009]

Notes of Decisions

Cited in 3 cases, 2001–2001 · leading case: Pepperell Assocs. v. United States Env't Prot. Agency, 246 F.3d 15 (1st Cir. 2001).

Sort: Relevance Newest Treatment

Pepperell Assocs. v. United States Env't Prot. Agency, 246 F.3d 15 (1st Cir. 2001). · cites it 3× “3 (b) (plan must be submitted within six months and fully implemented within a year of when new facility begins operation), with 40 C.F.R. § 112.5 (a) (plan must be amended whenever existing facilities modified and such amendments must be fully implemented within six months of…”

United States v. Murphy Oil USA, Inc., 143 F. Supp. 2d 1054 (W.D. Wis. 2001). · cites it 3× “3 (a) Owners and operators of facilities that are required to prepare a plan “shall complete a review and evaluation of the SPCC Plan at least once every three years,” 40 C.F.R. § 112.5 (b), and “shall amend the SPCC Plan .”

United States v. Murphy Oil USA, Inc., 155 F. Supp. 2d 1117 (W.D. Wis. 2001). · cites it 13× “40 C.F.R. § 112.5 . Operators are to implement the amendments as soon as possible, “but not later than six months after such change occurs.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.